B-122756, JUL. 22, 1955

B-122756, JUL. 22, 1955

TO MAJOR JAMES C. NOLAN, III, USAF:

REFERENCE IS MADE TO YOUR CLAIM DATED MAY 20, 1954, FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM SAN FRANCISCO, CALIFORNIA, TO HONOLULU, TERRITORY OF HAWAII, ON JUNE 15, 1952. SINCE THE PRESENT CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY OUR SETTLEMENT OF JULY 17, 1953, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 72, DATED MAY 7, 1952, HEADQUARTERS, 581ST AIR RESUPPLY AND COMMUNICATIONS WING, MOUNTAIN HOME AIR FORCE BASE, IDAHO, YOU WERE RELEASED FROM DUTY AT MOUNTAIN HOME AIR FORCE BASE AND DIRECTED TO PROCEED TO CAMP STONEMAN, CALIFORNIA, FOR TEMPORARY DUTY, THENCE TO AN OVERSEAS STATION. THE ORDERS FURTHER PROVIDED THAT TRANSPORTATION TO DEPENDENTS WAS AUTHORIZED TO A SELECTED PLACE IN THE UNITED STATES, AND THAT THEY WOULD NOT JOIN YOU AT THE PORT OF EMBARKATION. THOSE ORDERS WERE IMPLEMENTED BY PARAGRAPH 33, SPECIAL ORDERS NO. 161, CAMP STONEMAN, DATED JUNE 9, 1952. THE RECORD SHOWS THAT ON OCTOBER 6, 1953, YU APPLIED FOR AUTHORIZATION FOR TRAVEL OF YOUR DEPENDENTS TO THE HOME OF YOUR WIFE'S PARENTS IN HONOLULU, HAWAII. YOUR APPLICATION INDICATES THAT YOU ORIGINALLY APPLIED FOR SUCH AUTHORIZATION ON MAY 9 AND 28, 1952, AND THAT, AFTER A SHORT WAIT AND BEFORE AUTHORIZATION FOR TRAVEL WAS RECEIVED, YOUR DEPENDENTS TRAVELED TO HONOLULU BY COMMERCIAL AIR AT PERSONAL EXPENSE ON JUNE 15, 1952. IT IS REPORTED THAT THERE ARE NO DOCUMENTS OF RECORD TO SUBSTANTIATE YOUR STATEMENT THAT APPLICATION FOR AUTHORIZATION TO TRAVEL WAS MADE IN MAY 1952. ON JANUARY 14, 1954, IN RESPONSE TO THE APPLICATION OF OCTOBER 6, 1953, YOUR DEPENDENTS (WIFE AND TWO CHILDREN) WERE AUTHORIZED, UPON CALL OF THE PORT COMMANDER, TO PROCEED TO HONOLULU IN ACCORDANCE WITH PARAGRAPH 7008-3, JOINT TRAVEL REGULATIONS. IN TRANSMITTING YOUR CLAIM HERE, THE DEPARTMENT OF THE AIR FORCE STATED THAT "DELAY IN ISSUANCE OF AUTHORIZATION WAS DUE TO ADMINISTRATIVE ERROR AND NOT NECESSARILY CAUSED BY NEGLIGENCE OF SPONSOR OR DEPENDENTS.'

PARAGRAPH 7008-3, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO A MEMBER'S OVERSEAS STATION AT THE SAME TIME AS THE MEMBER, THEIR TRANSPORTATION IS AUTHORIZED FROM PLACE WHERE LOCATED WHEN THE MEMBER'S ORDERS WERE RECEIVED TO A DESIGNATED PLACE IN THE UNITED STATES, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO THE DESIGNATED LOCATION, AND LATER FROM SUCH PLACE TO THE OVERSEAS STATION. PARAGRAPH 7002 OF THE SAME REGULATIONS PROVIDES THAT TRANSPORTATION FOR DEPENDENTS TO OR FROM THE UNITED STATES WILL NOT BE OTHER THAN BY GOVERNMENT TRANSPORTATION, IF AVAILABLE. THE INFORMATION ACCOMPANYING YOUR CLAIM INDICATES THAT HAD AN AUTHORIZATION FOR TRAVEL OF YOUR DEPENDENTS BEEN ISSUED, IT WOULD HAVE AUTHORIZED TRAVEL BY GOVERNMENT TRANSPORTATION, WHICH APPEARS TO HAVE BEEN AVAILABLE FOR THEIR TRAVEL. THE AUTHORIZATION OF JANUARY 14, 1954, AT MOST, COULD AUTHORIZE NOTHING MORE THAN TRAVEL BY GOVERNMENT TRANSPORTATION AND SINCE YOUR DEPENDENTS ALREADY HAD COMPLETED THE TRAVEL WHEN THAT AUTHORIZATION WAS GRANTED, IT DOES NOT AFFECT YOUR RIGHTS IN THE MATTER. IN OTHER WORDS, THAT AUTHORIZATION DOES NOT CHANGE THE BASIC FACT THAT YOUR DEPENDENTS TRAVELED BY COMMERCIAL AIR AT A TIME WHEN GOVERNMENT TRANSPORTATION WAS AVAILABLE. UNDER SUCH CIRCUMSTANCES, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT TO YOU OF THE COST OF TRAVEL BY COMMERCIAL MEANS.