B-134012, NOV. 5, 1957

B-134012, NOV. 5, 1957

TO LIEUTENANT COLONEL J. E. KING, A.U.S., RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 10, 1957, REQUESTING REVIEW OF SETTLEMENT DATED JULY 23, 1957, WHICH ALLOWED YOU $76.32 REPRESENTING MILEAGE REIMBURSEMENT FOR YOUR TRAVEL AND MONETARY ALLOWANCE FOR TRAVEL OF YOUR WIFE FROM WASHINGTON, D.C., AND FROM FORT HAMILTON, NEW YORK, RESPECTIVELY, TO CLARKESVILLE, GEORGIA. THE SUM ALLOWED WAS WITHHELD AND APPLIED AS A CREDIT AGAINST YOUR INDEBTEDNESS TO THE UNITED STATES BECAUSE OF AN ERRONEOUS PAYMENT EXPLAINED BELOW.

BY SPECIAL ORDERS NO. 64, DATED MARCH 21, 1950, YOU WERE DIRECTED TO PROCEED FROM AUGSBURG, GERMANY, TO BREMERHAVEN, GERMANY, FOR MOVEMENT TO A PORT OF DEBARKATION IN THE UNITED STATES, THENCE TO FORT HAMILTON, NEW YORK, FOR THE PURPOSE OF BEING RELEASED FROM ACTIVE DUTY. IT IS SHOWN THAT YOU--- ACCOMPANIED BY YOUR WIFE--- ARRIVED AT FORT HAMILTON ON APRIL 6, 1950, ON WHICH DATE YOU WERE ORDERED TO PROCEED AND REPORT TO THE COMMANDING OFFICER, FORT JAY, GOVERNORS ISLAND, NEW YORK, FOR RELEASE FROM ACTIVE DUTY. SHORTLY AFTER YOUR ARRIVAL AT FORT JAY, YOU REQUIRED MEDICAL TREATMENT AND WERE HOSPITALIZED, AND BETWEEN APRIL 10 AND 16, 1950, YOUR WIFE TRAVELED FROM FORT HAMILTON TO YOUR HOME THEN LOCATED AT MARYSVILLE, CALIFORNIA. SUBSEQUENTLY, BY SETTLEMENT DATED NOVEMBER 8, 1954, YOU WERE PAID $124.76 AS A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND FOR SUCH TRAVEL. HOWEVER, THE FACTS DISCLOSE THAT YOU WERE RETAINED IN THE SERVICE UNTIL NOVEMBER 30, 1952, WHEN YOU WERE RETIRED BY REASON OF PHYSICAL DISABILITY PURSUANT TO DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 236 DATED NOVEMBER 26, 1952. IT APPEARS THAT YOU WERE A PATIENT AT WALTER REED ARMY MEDICAL CENTER, WASHINGTON,D.C., AT THAT TIME AND SUCH ORDERS DIRECTED TRAVEL FROM THAT PLACE TO YOUR HOME.

SINCE, DUE TO ILLNESS, YOUR RELEASE FROM ACTIVE DUTY WAS NOT EFFECTED DURING 1950 AS CONTEMPLATED, NO AUTHORITY EXISTED TO ALLOW ANY AMOUNT FOR YOUR WIFE'S TRAVEL BETWEEN FORT HAMILTON AND MARYSVILLE. WHILE THE ORDERS OF MARCH 21, 1950, LISTED MARYSVILLE AS YOUR HOME, TRAVEL TO THAT PLACE WAS NOT DIRECTED IN SUCH ORDERS OR IN THE ORDERS OF APRIL 16, 1950. CONSEQUENTLY, THE SUM FOUND DUE FOR YOUR TRAVEL AND THAT OF YOUR DEPENDENTS TO CLARKESVILLE, GEORGIA--- THE HOME SELECTED UPON YOUR RETIREMENT--- WAS WITHHELD AND APPLIED AS A SETOFF AGAINST THE ERRONEOUS PAYMENT FOR YOUR WIFE'S TRAVEL FROM FORT HAMILTON TO MARYSVILLE.

AT THE TIME OF YOUR RETIREMENT, OFFICERS OF RESERVE COMPONENTS OF THE UNIFORMED SERVICES WERE NOT PERMITTED TO SELECT A HOME UPON RETIREMENT FOR THE PURPOSE OF PAYMENT OF ALLOWANCES FOR THEIR TRAVEL AND THAT OF THEIR DEPENDENTS TO THAT PLACE. HOWEVER, UNDER REGULATIONS CONTAINED IN APPENDIX D, JOINT TRAVEL REGULATIONS, ISSUED UNDER AUTHORITY OF THE ACT OF AUGUST 11, 1955, 69 STAT. 691, MEMBERS OF RESERVE COMPONENTS WHO WERE RETIRED ON OR AFTER APRIL 29, 1952, BECAME ENTITLED TO SUCH ALLOWANCES IF TRAVEL TO THE SELECTED HOME WAS PERFORMED WITHIN ONE YEAR AFTER RETIREMENT. THE AMOUNT OF $76.32 ALLOWED BY THE SETTLEMENT OF JULY 23, 1957, WAS FOUND DUE ON THAT BASIS. SINCE YOU SELECTED CLARKESVILLE AS YOUR HOME UPON RETIREMENT, THERE IS NO AUTHORITY FOR THE PAYMENT OF ALLOWANCES FOR TRAVEL TO ANY OTHER PLACES. WHILE YOU STATE THAT YOU AND YOUR WIFE MADE THREE TRIPS FROM WASHINGTON TO MARYSVILLE, AND RETURN, DURING THE PERIODS OF CONVALESCENT LEAVE AFTER YOUR RETURN TO THE UNITED STATES AND PRIOR TO YOUR RETIREMENT, REIMBURSEMENT IS NOT AUTHORIZED FOR SUCH TRAVEL IN A LEAVE STATUS.

CONCERNING THE TRAVEL OF YOUR INFANT SON FROM WASHINGTON TO CLARKESVILLE, YOU ARE INFORMED THAT PARAGRAPH 7003 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES REIMBURSEMENT FOR THE TRAVEL OF ONLY DEPENDENTS WHO ARE FIVE YEARS OF AGE OR OLDER.

YOU WERE CORRECTLY ADVISED IN THE SETTLEMENT OF JULY 23, 1957, THAT YOU ARE INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $48.44 ($124.76 LESS $76.32) AND THAT SUM SHOULD BE REFUNDED WITHOUT DELAY.