B-138565, MAR 13, 1959

B-138565, MAR 13, 1959

PRECIS-UNAVAILABLE

THULA MAE BIERI:

FURTHER REFERENCE IS MADE TO YOUR LETTER, RECEIVED JANUARY 19, 1959, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 4, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL FROM HAMPTON, VIRGINIA, TO FORT CAMPBELL, KENTUCKY, PERFORMED BY YOU AND TWO CHILDREN, DEPENDENTS OF LIEUTENANT COLONEL LEON BIERI, U.S. ARMY INCIDENT TO HIS DEATH ON MAY 2, 1958, WHILE SERVING OVERSEAS.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 44, DATED MAY 5, 1958, ISSUED PURSUANT TO PARAGRAPH 7010(1) OF THE JOINT TRAVEL REGULATIONS, YOU WERE AUTHORIZED TO PROCEED FROM IZMIR, TURKEY, TO THE CONTINENTAL UNITED STATES. THE ORDERS FURTHER AUTHORIZED TRANSPORTATION AT GOVERNMENT EXPENSE FROM THE PORT OF DEBARKATION IN THE UNITED STATES TO HAMPTON, VIRGINIA, AND PERMITTED A DELAY IN WASHINGTON, D.C., TO COORDINATE BURIAL ARRANGEMENTS PRIOR TO PROCEEDING TO HAMPTON, VIRGINIA. IT APPEARS THAT YOU WERE FURNISHED TRANSPORTATION FROM IZMIR, TURKEY, TO HAMPTON, VIRGINIA, AT GOVERNMENT EXPENSE AND THAT YOU AND THE CHILDREN TRAVELED FROM THE LATTER POINT TO FORT CAMPBELL, KENTUCKY, JUNE 12 AND 13, 1958, AT PERSONAL EXPENSE. BY PARAGRAPH 2, SPECIAL ORDERS NO. 60, DATED JULY 2, 1958, THE ORDERS OF MAY 5, 1958, WERE AMENDED TO DELETE HAMPTON, VIRGINIA, AND PROVIDE FOR TRAVEL FROM THE PORT OF DEBARKATION TO FORT CAMPBELL, KENTUCKY. THAT AMENDMENT NOW IS SUPPORTED BY AN ADMINISTRATIVE STATEMENT THAT HAMPTON, VIRGINIA, WAS THE PLACE OF INTERMENT AND THAT FORT CAMPBELL, KENTUCKY, WAS THE PLACE SELECTED BY YOU AS A RESIDENCE UPON THE DEATH OF YOUR HUSBAND. ALSO, IT APPEARS FROM A LETTER DATED FEBRUARY 24, 1959, WRITTEN IN YOUR BEHALF BY YOUR SON, FIRST LIEUTENANT LEON D. BIERI, THAT YOUR SON, LESTER D. BIERI, WAS AT THE UNITED STATES MILITARY ACADEMY, WEST POINT, NEW YORK, ON THE DATE OF YOUR HUSBAND'S DEATH; THAT HE TRAVELED ON LEAVE FROM THE ACADEMY; THAT YOUR DAUGHTER WAS ATTENDING COLLEGE AT FREDERICKSBURG, VIRGINIA, ON THAT DATE; THAT THEY TRAVELED FROM THOSE POINTS TO HAMPTON, VIRGINIA, AND THENCE TO FORT CAMPBELL, KENTUCKY, AND THAT REIMBURSEMENT IS CLAIMED FOR THEIR TRAVEL FROM HAMPTON TO FORT CAMPBELL.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, TRANSPORTATION FOR DEPENDENTS IS AUTHORIZED UPON THE DEATH OF A MEMBER WHILE IN A BASIC PAY STATUS. PARAGRAPH 7010(1) OF THE JOINT TRAVEL REGULATIONS, PROVIDES THAT DEPENDENTS OF MEMBERS WHO DIE WHILE ON ACTIVE DUTY MAY BE MOVED TO ANY PLACE THEY MAY DESIGNATE. ARMY REGULATIONS 55-14 PROVIDE THAT TRANSPORTATION WILL BE FURNISHED TO SUCH LOCATION AS MAY BE DETERMINED IN ADVANCE OR SUBSEQUENTLY APPROVED, AND THAT ONLY ONE SUCH MOVE IS AUTHORIZED FOR ANY DEPENDENT. THE JOINT TRAVEL REGULATIONS (PARAGRAPH 7000-7) FURTHER PROVIDE THAT TRANSPORTATION IS NOT AUTHORIZED FOR A DEPENDENT WHO IS HIMSELF A MEMBER OF THE UNIFORMED SERVICE. SINCE SECTION 508 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 308, PROVIDES THAT CADETS AT THE UNITED STATES MILITARY ACADEMY ARE ENTITLED TO PAY, AND TO TRAVEL AND TRANSPORTATION ALLOWANCE WHILE TRAVELING UNDER ORDERS, YOUR SON LESTER MAY NOT BE REGARDED AS A DEPENDENT OF THE LATE COLONEL BIERI FOR TRANSPORTATION PURPOSES. 25 COMP. GEN. 772. HENCE, NO AMOUNT MAY BE ALLOWED FOR HIS TRAVEL IN THE PRESENT CASE.

SINCE IT NOW SEEMS CLEAR THAT FORT CAMPBELL, KENTUCKY, WAS THE PLACE HUSBAND, AND THAT TRAVEL THERETO WAS APPROVED BY THE DEPARTMENT OF THE ARMY, YOU WERE ENTITLED TO TRANSPORTATION FOR YOURSELF FROM THE PLACE WHERE YOU WERE LOCATED TO FORT CAMPBELL BY THE DIRECT USUALLY TRAVELED ROUTE. THUS, WITH RESPECT TO YOUR TRAVEL IN THE UNITED STATES, SINCE YOUR ENTITLEMENT WAS FROM THE PORT OF DEBARKATION, NEW YORK, NEW YORK, TO FORT CAMPBELL, KENTUCKY, AND SINCE YOU WERE FURNISHED TRANSPORTATION FROM SAID PORT OF HAMPTON, VIRGINIA, YOU ARE ENTITLED TO REIMBURSEMENT ON A MILEAGE BASIS FOR TRAVEL FROM NEW YORK, TO FORT CAMPBELL LESS THE DISTANCE FROM NEW YORK TO HAMPTON. YOU ARE ENTITLED ALSO TO REIMBURSEMENT FOR YOUR DAUGHTER'S TRAVEL FROM FREDERICKSBURG, VIRGINIA, DIRECTLY TO FORT CAMPBELL, KENTUCKY.

A SETTLEMENT FOR THE AMOUNT DUE ON THE BASIS INDICATED ABOVE WILL ISSUE IN DUE COURSE.