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B-193419 1 (1979-03-29)

handle is hein.gao/gaobadhaw0001 and id is 1 raw text is: 4, H' ~ FILE: B-193419 THE CMPTROLLER GENERAL .1 .OF THE UNITED STATES VjASHINGTON, . C. 20548 DATE: March 29, 1979 MATTER OF: John D. Morten, Jr. DIGEST: - K An Army member who travels with dependents to an overseas location on a foreign airline (one not holding a certificate under 49 U.S.C. 1371) is not entitled to reimbursement for such travel / ' reimbursement for ;ravel on a foreign air- line /is prohibited by 49 U.S.C. 1517 and pars. M2r5U and M7000-8, 1 Joint Travel Regulations, when United States certificated carriers are available. & o This action is the result of an appeal from settlement of our Claims Division dated August 22, 1978, denying the claim of Command Sergeant Major John D. Morten, Jr., USA, for personal and dependent travel incident to a permanent change of station due to use of a foreign-flag carrier. Sergeant Morten's claim must be denied for the following reasons. The record shows that incident to a permanent change of station, Sergeant Morten was to be transferred from Fort Dix, New Jersey, to West Germany. It appears that he requested orders authorizing travel by commercial air carrier, which was granted. In that connection he secured the services of a travel agency which arranged his passage in July 1976 from New York to Frankfurt, West Germany, on Sabena Air Lines, a foreign-flag carrier. Apparently, in preparation for his departure from Fort Dix, New Jersey, various officials who were aware that he planned to travel on a foreign-flag carrier, did not inform him that reimbursement for such travel would not be made. Also, it appears that various forms and instructions he received made no reference to the regu- lations prohibiting reimbursement in certain circumstances for travel on a foreign-flag carrier. The pertinent statute with respect to the member's travel allowances, 37 U.S.C. 404 (1976), provides that under regulations prescribed by the Secretaries concerned, members of the uniformed services shall be entitled to receive travel and transportation allowances for travel performed under competent orders upon a permanent change of station. Section 406 of title 37, United CECISIC1N

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