B-123153, MAY 17, 1955

B-123153, MAY 17, 1955

PRECIS-UNAVAILABLE

CAPTAIN ERWIN J. SARLEY, DC:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 4, 1955, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES AND FORWARDED HERE UNDER DATE OF JANUARY 26, 1955, RELATIVE TO SETTLEMENT DATED DECEMBER 8, 1954, WHICH ALLOWED $131.28 ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION FOR YOUR DEPENDENTS (WIFE AND MINOR CHILD, AGE FOUR) BY COMMERCIAL AIR FROM TOKYO, JAPAN, TO CHICAGO ILLINOIS, IN OCTOBER 1952.

BY ORDERS OF OCTOBER 8, 1952, AS AMENDED BY ORDERS OF OCTOBER 9, OCTOBER 11, AND OCTOBER 18, 1952, YOU WERE DIRECTED TO PROCEED FROM TOKYO, JAPAN, TO KOREA, ON A PERMANENT CHANGE OF STATION. YOU STATE THAT WHEN YOUR LANDLORD LEARNED OF YOUR TRANSFER, YOU LOST YOUR LEASE ON THE PRIVATE QUARTERS YOU THEN WERE OCCUPYING AND THAT, SINCE THERE WAS NO HOUSING AVAILABLE AND YOU WERE ADVISED THAT GOVERNMENT TRANSPORTATION WOULD NOT BE AVAILABLE FOR 60 TO 90 DAYS, YOU PURCHASED COMMERCIAL AIR TRANSPORTATION FOR THE TRAVEL OF YOUR DEPENDENTS TO YOUR HOME IN CHICAGO. YOU HAVE FURNISHED A MEDICAL CERTIFICATE IN WHICH IT IS STATED THAT YOUR WIFE WAS UNDER MEDICAL CARE (PREGNANCY) AND THAT IT WAS RECOMMENDED THAT YOU RETURN HER TO THE UNITED STATES BECAUSE OF HER PSYCHIATRIC CONDITION.

PARAGRAPH 7002-1B, JOINT TRAVEL REGULATIONS, PROVIDES THAT THE TRAVEL OF DEPENDENTS TO THE UNITED STATES "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE, AND ITS USE WILL NOT OCCASION A DELAY OF MORE THAN THIRTY DAYS AS DETERMINED BY THE UNIFORMED SERVICE CHARGED WITH MAKING SUCH DETERMINATION." PARAGRAPH 7002-2A2, AUTHORIZES REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS BY COMMERCIAL AIRCRAFT PROCURED AT PERSONAL EXPENSE "WHEN THE ORDER DIRECTING THE TRAVEL INDICATES THAT SUCH COMMERCIAL TRANSPORTATION IS IN THE BEST INTERESTS OF THE GOVERNMENT."

THE RECORD SHOWS THAT THE MILITARY AIR TRANSPORTATION SERVICE MAINTAINED PRACTICALLY DAILY SERVICE FROM TOKYO TO TRAVIS AIR FORCE BASE, CALIFORNIA, AT THAT TIME, AND THAT EIGHT GOVERNMENT VESSELS LEFT YOKOHAMA, JAPAN, FOR PORTS IN THE UNITED STATES WITHIN 30 DAYS AFTER OCTOBER 8, 1952. A REPORT DATED APRIL 26, 1955, FROM THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, IS AS FOLLOWS:

"GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS AVAILABLE FOR TRAVEL DURING THE PERIOD IN QUESTION. IF MRS. SARLEY'S CONDITION WAS SUCH AS TO WARRANT IMMEDIATE MOVEMENT, SHE COULD HAVE BEEN MEDICALLY EVACUATED UPON RECOMMENDATION OF THE MEDICAL INSTALLATION RENDERING TREATMENT.

"IT IS AN ESTABLISHED FACT THAT THE DEPENDENTS OF ALL MILITARY PERSONNEL WHO WERE ORDERED TO KOREA FROM JAPAN WERE FURNISHED TRANSPORTATION TO CONUS UPON PROPER APPLICATION."

IN VIEW OF SUCH REPORT, YOUR STATEMENT THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE FOR 60 TO 90 DAYS MAY NOT BE ACCEPTED AS ESTABLISHING THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE. FOR THAT REASON, AND THE ADDITIONAL FACT THAT NO ORDERS WERE ISSUED INDICATING THAT COMMERCIAL AIR TRANSPORTATION WAS IN THE BEST INTERESTS OF THE GOVERNMENT, THERE IS NO AUTHORITY FOR REIMBURSING YOU FOR THE COST OF YOUR DEPENDENTS' TRANSPORTATION TO CONTINENTAL UNITED STATES.

PARAGRAPH 7003, JOINT TRAVEL REGULATIONS, AUTHORIZES REIMBURSEMENT FOR DEPENDENTS' TRAVEL IN THE UNITED STATES AT THE RATE OF SIX CENTS PER MILE FOR EACH DEPENDENT 12 YEARS OF AGE OR OLDER AND THREE CENTS PER MILE FOR DEPENDENTS FROM 5 TO 12 YEARS OF AGE. THE $131.28 ALLOWED WAS COMPUTED AT THE RATE OF SIX CENTS PER MILE FOR THE DISTANCE FROM SEATTLE, WASHINGTON - THE PORT OF ENTRY TO WHICH OCEAN TRANSPORTATION IN KIND NORMALLY WOULD HAVE BEEN FURNISHED - TO CHICAGO.

IT APPEARING THAT YOU HAVE BEEN PAID THE AMOUNT TO WHICH YOU ARE ENTITLED, THE SETTLEMENT OF DECEMBER 8, 1954, IS SUSTAINED.