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B-195708 1 (1979-10-17)

handle is hein.gao/gaobabjpb0001 and id is 1 raw text is: 11717 COMPTROLLER GENERAL OF THE UNITED STATES )WASHINGTON, D.C. 20548 IN REPLY REFER TO: B-195708 OCT 17 17 The Honorable James L. Oberstar House of Representatives Dear Mr. Oberstar: We refer to your letter of July 15, 1979, regarding Staff Sergeant Lloyd R. Schleicher'sLclaim for reimbursement of t-h- cost of hs' dependentso travel from Germany to the United States In your letter you asked us to examine the congressional intent behind the passage of 37 U.S.C. § 406(h) and the implementing regulations, paragraph M7103-2 of Volume 1, Joint Travel Regula- tions (1 JTR). Specifically, you pose the question as to what is the purpose of the statute and the regulation if it does not enable travel reimbursement for situations such as the one encountered by Sergeant Schleicher. Upon notification of the critical condition of his mother-in- law, on or about August 10, 1977, Sergeant Schleicher 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 situation, the Army issued a travel authoriza- tion on August 12, 1977, which allowed the dependents to return to the United States at no expense to the Government on a space- available basis due to verified emergency. See Department of Defense Directive (Air Transportation Eligibility) 45.15.13-R (C2), para. 4-5.(3)_(November 19, 1976). Because space-available travel on military transportation was estimated to require a 3-or 4-day wait, Sergeant Schleicher sent his dependents home on a commercial airline. He deemed the 3-or 4-day wait to be too long due to the critical condition of his mother-in-law. His mother-in-law died before his dependents landed in the United States. Subsequently, on the member's arrival in the United States his father-in-law requested that his wife remain in the United States to care for school age brothers and sisters. As a result. his dependents did not return to Germany at the expiration of his emergency leave. Sergeant Schleicher now seeks reimbursement for his dependents' travel expenses on the basis of para. 17103-2.7, Volume 1, Joint Travel Regulations (1 JTR). This regulation, which implements the provisions of 37 U.S.C. § 406(h), allows 0074-3.

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