B-142299, APR. 21, 1960

B-142299, APR. 21, 1960

TO JOSE A. DIAZ, SP4, RA 16 459 451:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 25, 1960, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 30, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS FROM LAS VILLAS, CUBA, TO CHINON, FRANCE.

BY PARAGRAPH 11, SPECIAL ORDERS NO. 223, DATED SEPTEMBER 18, 1958, AND PARAGRAPH 30, SPECIAL ORDERS NO. 312, DATED NOVEMBER 8, 1958, YOU WERE TRANSFERRED FROM FORT KNOX, KENTUCKY, TO AN OVERSEAS STATION BY WAY OF FORT DIX, NEW JERSEY. YOUR DEPENDENTS TRAVELED FROM HENDERSON, KENTUCKY, TO LAS VILLAS, CUBA, DURING THE PERIOD NOVEMBER 2 TO 4, 1958, AT PERSONAL EXPENSE. ON MARCH 27, 1959, WHILE STATIONED AT CHINON, FRANCE, YOU WERE PAID $50.52 IN CASH (VOUCHER 1836, MARCH 1959 ACCOUNTS OF FIRST LIEUTENANT J. L. DORMAN) AS REIMBURSEMENT FOR YOUR WIFE'S TRAVEL BASED ON THE DISTANCE FROM FORT KNOX, KENTUCKY, TO FORT DIX, NEW JERSEY. BY TELEGRAM DATED JANUARY 8, 1959, THE U.S. ARMY ATTACHE, AMERICAN EMBASSY, HAVANA, CUBA, ADVISED YOUR WIFE THAT THE DEPARTMENT OF THE ARMY HAD AUTHORIZED TRAVEL BY HER AND YOUR TWO CHILDREN TO JOIN YOU AT YOUR OVERSEAS STATION. YOUR DEPENDENTS TRAVELED FROM LAS VILLAS, CUBA, TO CHINON, FRANCE, VIA NEW YORK, NEW YORK, DURING THE PERIOD APRIL 30 TO MAY 2, 1959. IN YOUR PRESENT LETTER YOU STATE THAT YOU ARRANGED FOR THE TRAVEL AT PERSONAL EXPENSE FOR THE REASON THAT AT THE TIME ALL AMERICANS WERE BEING ORDERED OUT OF CUBA AND YOU COULD NOT WAIT FOR THE ARMY TO FURNISH TRANSPORTATION.

TRANSPORATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES AT PUBLIC EXPENSE IS GOVERNED BY REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). PARAGRAPH 7005 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS TRANSFERRED OR ASSIGNED UPON PERMANENT CHANGE OF STATION TO A RESTRICTED AREA HE WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM THE PLACE THE DEPENDENTS ARE LOCATED NOT TO EXCEED ENTITLEMENT FROM THE OLD DUTY STATION TO (1) ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE, OR (2) THE POINT OF ACTUAL DEPARTURE OF DEPENDENTS IN CONJUNCTION WITH TRAVEL TO A PLACE OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER. PARAGRAPH 7002-1B OF THE SAME REGULATIONS PROVIDES THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS TO, FROM, OR BETWEEN STATIONS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED, IF AVAILABLE. ARMY REGULATIONS 55-96 PROVIDE IN GENERAL THAT WHEN DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO AN OVERSEAS STATION AT THE SAME TIME AS THE MEMBER, THEIR SUBSEQUENT TRAVEL WILL BE ON A PRIORITY BASIS UPON APPROVAL OF THE OVERSEAS COMMANDER CONCERNED.

SINCE TRANSPORTATION FOR YOUR DEPENDENTS TO CUBA WAS NOT AUTHORIZED INCIDENT TO THE ORDERS ASSIGNING YOU TO DUTY IN CHINON, FRANCE, REIMBURSEMENT WAS LIMITED TO TRAVEL FROM FORT KNOX TO FORT DIX. UPON THE SUBSEQUENT APPROVAL OF THEIR TRAVEL TO YOUR OVERSEAS STATION THERE WAS NO ENTITLEMENT FOR TRAVEL FROM CUBA AT GOVERNMENT EXPENSE. HOWEVER, YOU WERE ENTITLED TO THEIR TRANSPORTATION FROM THE UNITED STATES TO YOUR OVERSEAS STATION SUBJECT TO THE REQUIREMENT THAT GOVERNMENT TRANSPORTATION BE UTILIZED IF AVAILABLE FOR THE OCEAN TRAVEL. THE RECORD SHOWS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR TRAVEL OF ELIGIBLE DEPENDENTS FROM THE UNITED STATES TO FRANCE AT THE TIME HERE INVOLVED, AND THAT MILITARY AIR TRANSPORTATION SERVICE MAINTAINED REGULARLY SCHEDULED FLIGHTS FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO PARIS, FRANCE. SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE AND WOULD HAVE BEEN FURNISHED FROM THE UNITED STATES ON A PRIORITY BASIS THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. HOWEVER, SINCE IT APPEARS THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM PARIS TO CHINON, FRANCE, A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.