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B-200641 1 (1981-04-21)

handle is hein.gao/gaobadjiq0001 and id is 1 raw text is: DECISION FILE: B-200641 / -7 MP 7 7 6 ' ' THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: April 21, 1981 MATTER OF: Staff Sergeant Bobby L. Jones, USAF Claim for reimbursement dependents' travel expensesfrom outside the United States to a point within the United States incurred as a result of an emergency of a personal nature must be denied since the regulations at the time the expenses were incurred required advance approval of the travel which was not obtained and although regulation was amended subsequent to the dependents' travel, it cannot provide a basis for authorizing payment, since regu- lations may be amended prospectively only, except to correct obvious error. May a member be reimbursed for the cost of commercial transportation for travel by his dependents from a point outside the United States to a point with- in the United States in connection with illness of the member's relatives living in the United States? The answer is no since at the time the travel was performed the pertinent regulations precluded reimbursement. Staff Sergeant Bobby L. Joneshas appealed the settlement of our Claims Division which denied his claim for reimbursement of his dependents' travel expenses. He has been paid $12.50 by the Air Force in parti;1 settlement of his claim. He now seeks the remainder, $833.70. On June 28, 1979, Sergeant Jones, while stationed in Japan, received a message through thRe local Red Cross Chapter from his mother-in-law's doctor, who requested that his wife return to the United States to be with her mother who was seriously ill with cancer. Shortly thereafter, Sergeant Jones received authorization for his wife and son to leave for the United States on a Government aircraft on a space-available basis.'J See Department of Defense Directive (Air Transportation Eligibility) 4515.13-R, para. 4-5(3) . Sergeant Jones learned, however, that seats for his wife and son would not be available on the Government aircraft for several days at the earliest. Believing time to be of the DIGEST:

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