B-149170, JUL. 13, 1962

B-149170, JUL. 13, 1962

TO GEORGE F. CROSSLEY: OF THE SETTLEMENT OF MAY 4, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM MCQUIRE AIR FORCE BASE, NEW JERSEY, TO DAVIS-MONTHAN AIR FORCE BASE, ARIZONA, DURING THE PERIOD FEBRUARY 21, 1961, TO AUGUST 5, 1961.

BY SPECIAL ORDERS NO. TE-7, DATED FEBRUARY 20, 1961, ISSUED BY HEADQUARTERS 3973D COMBAT SUPPORT GROUP (SAC), APO 282, YOUR DEPENDENTS (WIFE AND THREE CHILDREN), WERE AUTHORIZED TO TRAVEL FROM TORREJON AIR FORCE BASE, SPAIN, TO MCQUIRE AIR FORCE BASE, NEW JERSEY, ON A SPACE AVAILABLE BASIS IN CONNECTION WITH AN EMERGENCY. TRAVEL WAS TO BE BY MILITARY AIR TRANSPORT SERVICE. THE ORDERS CITED AS AUTHORITY AIR FORCE REGULATIONS 76-15 AND SPECIFICALLY STATED THAT "TRANSPORTATION BEYOND THE POINT OF DEBARKATION IN THE ZONE OF INTERIOR WILL BE AT NO EXPENSE TO THE GOVERNMENT.' THE RECORD SHOWS THAT THE EMERGENCY TRAVEL TO THE UNITED STATES WAS APPROVED DUE TO THE CONDITION OF YOUR WIFE'S FROM TORREJON AIR BASE, SPAIN, TO MCQUIRE AIR FORCE BASE, NEW JERSEY, AND TRAVELED FROM THE LATTER POINT TO SELMA, CALIFORNIA, AT PERSONAL EXPENSE.

BY PARAGRAPH 1, SPECIAL ORDERS NO. AA-381, DATED JULY 17, 1961, YOU WERE RELIEVED FROM ASSIGNMENT OVERSEAS AND ASSIGNED TO DAVIS-MONTHAN AIR FORCE BASE, ARIZONA, FOR DUTY WITH LEAVE AUTHORIZED EN ROUTE AT SELMA, CALIFORNIA. THE ORDERS STATED THAT CONCURRENT TRAVEL OF YOUR DEPENDENTS TO YOUR NEW STATION WAS AUTHORIZED AND THAT THE DEPENDENTS WERE "LOCATED IN THE ZONE OF INTERIOR.' YOUR DEPENDENTS WERE THEN LOCATED AT SELMA, CALIFORNIA, AND ON THE BASIS OF THOSE ORDERS ASSIGNING YOU TO DAVIS- MONTHAN AIR FORCE BASE FOR PERMANENT DUTY THEY TRAVELED WITH YOU FROM THAT CITY TO TUSCON, ARIZONA, AUGUST 3 TO 5, 1961. YOU WERE REIMBURSED FOR THAT TRAVEL ON AUGUST 24, 1961. REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FOR THE DISTANCE FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO DAVIS-MONTHAN AIR FORCE BASE, ARIZONA, WAS DISALLOWED BY SETTLEMENT OF MAY 4, 1962, FOR THE REASONS STATED THEREIN.

IN YOUR PRESENT LETTER YOU EXPRESS THE OPINION THAT SINCE YOUR DEPENDENTS TRAVELED TO YOUR OVERSEAS STATION AT GOVERNMENT EXPENSE THE TO THE UNITED STATES, AND THAT THEIR EARLY TRAVEL WAS PERFORMED ONLY AFTER YOU HAD BEEN INFORMED BY AIR FORCE PERSONNEL THAT YOU WOULD BE REIMBURSED FOR THEIR TRAVEL IN THE UNITED STATES UPON YOUR ARRIVAL AT YOUR PERMANENT STATION IN THE UNITED STATES.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED,37 U.S.C. 253 (C), PROVIDES FOR THE TRAVEL OF DEPENDENTS UPON PERMANENT CHANGE OF STATION OF THE MEMBER. IT FURTHER PROVIDES FOR SUCH TRAVEL IN THE ABSENCE OF CHANGE OF STATION ORDERS ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES, INCLUDING WHEN THE MEMBER IS SERVING OVERSEAS. THOSE PROVISIONS ARE NOT SELF-EXECUTING, HOWEVER, BUT REQUIRE THE ISSUANCE OF REGULATIONS BY THE SECRETARY OF THE SERVICE CONCERNED. PARAGRAPH 5B (1), AIR FORCE REGULATION 76-15, DATED NOVEMBER 5, 1959, AVAILABLE BASIS FOR EMERGENCY TRAVEL OF DEPENDENTS OF MILITARY PERSONNEL IF APPROVED IN CONNECTION WITH A VERIFIED PERSONAL EMERGENCY. IT FURTHER SPECIFICALLY PROVIDES THAT "TRANSPORTATION IS LIMITED TO THAT AVAILABLE BETWEEN THE AERIAL PORTS SERVING THE OVERSEA AREA.'

THUS, THE TRAVEL OF YOUR DEPENDENTS TO THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS RETURNING YOU TO THE UNITED STATES WAS AUTHORIZED UNDER REGULATIONS WHICH SPECIFICALLY LIMIT TRAVEL AT GOVERNMENT EXPENSE TO THAT FURNISHED ON A SPACE AVAILABLE BASIS BETWEEN AERIAL PORTS OF EMBARKATION AND DEBARKATION. UPON YOUR SUBSEQUENT ASSIGNMENT TO A PERMANENT STATION IN THE UNITED STATES YOU WERE ENTITLED TO TRAVEL OF YOUR DEPENDENTS FROM THE PLACE WHERE THEY WERE THEN LOCATED TO YOUR NEW STATION PURSUANT TO PARAGRAPH 7058 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES FOR TRAVEL OF DEPENDENTS FROM POINTS OTHER THAN THE OLD STATION TO THE NEW STATION AT NOT TO EXCEED THE COST FROM THE OLD STATION TO THE NEW STATION. SINCE YOU WERE REIMBURSED FOR TRAVEL OF YOUR DEPENDENTS ON THAT BASIS, NO ADDITIONAL REIMBURSEMENT IS AUTHORIZED.

IT IS UNFORTUNATE THAT SERVICE PERSONNEL MAY HAVE MISINFORMED YOU AS TO YOUR RIGHTS. SUCH FACT, HOWEVER, AFFORDS NO BASIS FOR THE PAYMENT OF YOUR CLAIM, IT BEING WELL ESTABLISHED THAT, IN THE ABSENCE OF A STATUTE SO PROVIDING, THE GOVERNMENT IS NOT LIABLE FOR LOSS OR DAMAGE RESULTING FROM NEGLIGENT ACTS OR OMISSIONS OF DUTY OF OFFICERS OR AGENTS EMPLOYED IN THE SERVICE. SEE ROBERTSON V. SICHEL, 127 U.S. 505,

ACCORDINGLY, THE SETTLEMENT OF MAY 4, 1962, WAS CORRECT AND IS SUSTAINED.