B-124693, FEB. 29, 1956

B-124693, FEB. 29, 1956

TO MR. STANLEY MADISON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 6, 1956, REQUESTING CLARIFICATION OF THAT PART OF OUR DECISION DATED JANUARY 30, 1956, B- 124693, TO YOU, WHICH READS "THE ONLY PERMANENT CHANGE OF STATION WHICH WAS ORDERED INCIDENT TO YOUR DISCHARGE AND REENLISTMENT WAS THE CHANGE FROM FORT HAMILTON TO FORT JAY.'

YOU CONTEND THAT SUCH STATEMENT IS NOT ACCURATE. YOU STATE THAT PARAGRAPH 49, SPECIAL ORDERS NO. 269, DATED NOVEMBER 22, 1954, HEADQUARTERS, FORT HAMILTON, NEW YORK, DIRECTED A PERMANENT CHANGE OF STATION FROM FORT HAMILTON, NEW YORK, TO YOUR HOME, MIDDLEBORO, MASSACHUSETTS, AND THAT YOUR WIFE TRAVELED PURSUANT TO THOSE ORDERS.

IN OUR EARLIER DECISION OF OCTOBER 7, 1955, TO YOU (AFFIRMED BY THE DECISION OF JANUARY 30, 1956) WE REFERRED TO THE ABOVE-MENTIONED ORDERS AND TO YOUR ORDERS DATED NOVEMBER 24, 1954, AND SPECIFICALLY POINTED OUT THAT THE LATTER ORDERS PROVIDED THAT HAVING REENLISTED ON THAT DATE AS SERGEANT, FIRST CLASS, REGULAR ARMY, YOU WERE ASSIGNED TO FORT JAY FOR DUTY. WE ADVISED YOU IN BOTH DECISIONS THAT WHEN A MEMBER IS DISCHARGED AND REENLISTED UNDER CIRCUMSTANCES WHICH PERMIT HIS SERVICE TO BE REGARDED AS CONTINUOUS, HIS RIGHT TO TRANSPORTATION OF DEPENDENTS IS LIMITED TO THAT AUTHORIZED FOR ANY ACTUAL CHANGE OF STATION RESULTING FROM HIS CONTINUOUS SERVICE. SINCE YOU WERE DISCHARGED AND REENLISTED WITHOUT A BREAK IN SERVICE, AND WERE ASSIGNED TO A NEW STATION, IT IS CLEAR THAT THE ONLY CHANGE OF STATION INCIDENT TO YOUR DISCHARGE AND REENLISTMENT WAS THE CHANGE FROM FORT HAMILTON TO FORT JAY. SINCE BOTH STATIONS ARE IN THE SAME CITY, NO TRAVEL BY YOUR DEPENDENTS WAS AUTHORIZED OR REQUIRED.