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B-195708 1 (1979-10-17)

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                          L,6I                         /.Z6          t    
                 COMPTROLLER GENFifAL OF TIM, UNITED SATES



 B-195708




                                               to
Per Diem, Travel and Transportation
  Allowance Committee                                Q
H1offman Building 1, Room 836
2461 Eisenhower Avenue
Alexandria, Virginia   22331

Centlem2nl

     Recently, a claim was presented to this Office by a member of
the Army, who while stationed overseas nwas denied reimbursement
for travel expenses he incurred when he sent his dependant~s home
due to a family emergency. I r reviewing the claim, we concurred
with the Army's denial of the Plain based on a provision of the
.Joint Travel Regulations. However, it seenms that the. situation
presented in that case is t recurring one and one which you might
find appropriate as a basis to consider an amendment oc addition
to the Joint Travel Regulations.

     The specific siluntion confionting the member was that he
received notification on Augutst 10, 1977, that his mother-in-
law w s in critical condition. The member requested emergency
leave and approval, for the travel of his dependents, a wife and
son, to the United States from his. duty station in Germany.
After verifying the situntion, the Army issued a trovel nuthoriza-
on 'August .2, 1977, which allowed the dependents to return to the
United Statas at no expense to the Coverament on a space-aailablc
basis due to verified emergency.   See Department of Defense
Directive (Air Transportation Eligibility) 45.15.13-R (C2),
para. 4-5.(3) (Novenber 19, 1976). Because space-available travel
on military transportation tins estimated to require a 3-or 4-day
wait, the member sent his dependents fioine on a commercial airline.
lie deemed the 3-or 4-day wait to be ton long due to the critical
condition of his mot-her-in-law. Ills mother-in-law died before
his dependents landed in the United States. Subtsequently, on the
member's arrival in the United States his father-in-law requested
that his wife rer.ain in the United SLates to care for school age
brothers and sisters. As a result his dependents dtd not return
to Germany at the expiration of i~is emergency leave.





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