B-145528, JUN. 15, 1961
Highlights
OSBORNE: REFERENCE IS MADE TO YOUR LETTER OF MAY 15. YOU WERE NOT ENTITLED TO REIMBURSEMENT IN ANY AMOUNT FOR THE EXPENSES INVOLVED IN THE TRANSPORTATION OF YOUR DEPENDENTS TO LITTLE ROCK. YOU WERE ADVISED. YOU INDICATE THAT YOUR FIRST CLAIM FOR TRAVEL TO LITTLE ROCK WAS FILED ON ADVICE RECEIVED AT DULUTH. WHERE YOU WERE SEPARATED FROM THE SERVICE. THAT YOU WERE DISPLEASED WITH CONDITIONS IN THAT CITY AND SO RETURNED TO CLEAR FIELD. VARIOUS FOOD AND UTILITY BILLS AND A PAID BANK LOAN NOTE WERE SUBMITTED TO SUPPORT THE CLEAR FIELD RESIDENCE. IS ENTITLED TO THE TRANSPORTATION OF HIS DEPENDENTS NOT TO EXCEED THE DISTANCE FROM HIS LAST DUTY STATION TO THE PLACE HE ELECTS TO RECEIVE TRAVEL ALLOWANCES FOR HIS TRAVEL UNDER THE PROVISIONS OF PARAGRAPH 4157.
B-145528, JUN. 15, 1961
TO MR. WILLIAM A. OSBORNE:
REFERENCE IS MADE TO YOUR LETTER OF MAY 15, 1961, WITH ENCLOSURES, WRITTEN IN RESPONSE TO OUR DECISION OF MAY 11, 1961, B-145528, EXPLAINING WHY, ON THE RECORD THEN BEFORE US, YOU WERE NOT ENTITLED TO REIMBURSEMENT IN ANY AMOUNT FOR THE EXPENSES INVOLVED IN THE TRANSPORTATION OF YOUR DEPENDENTS TO LITTLE ROCK, ARKANSAS, OR CLEAR FIELD, IOWA, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AND DISCHARGE FROM THE UNITED STATES AIR FORCE, EFFECTIVE SEPTEMBER 23, 1960. YOU WERE ADVISED, HOWEVER, THAT WE WOULD GIVE FURTHER CONSIDERATION TO YOUR CLAIM UPON RECEIPT OF A COMPLETE EXPLANATION OF THE FACTS, INCLUDING AN EXPLANATION WHY YOU FIRST PRESENTED A CLAIM FOR TRAVEL TO LITTLE ROCK AND THEN PRESENTED A CLAIM FOR TRAVEL TO CLEAR FIELD, TOGETHER WITH ANY EVIDENCE YOU MIGHT WISH TO SUBMIT TO ESTABLISH YOUR RIGHTS IN THE MATTER.
IN YOUR LETTER OF MAY 15, 1961, YOU INDICATE THAT YOUR FIRST CLAIM FOR TRAVEL TO LITTLE ROCK WAS FILED ON ADVICE RECEIVED AT DULUTH, MINNESOTA, WHERE YOU WERE SEPARATED FROM THE SERVICE, LITTLE ROCK BEING YOUR INITIAL DESTINATION, BUT THAT YOU WERE DISPLEASED WITH CONDITIONS IN THAT CITY AND SO RETURNED TO CLEAR FIELD, IOWA, WHERE YOU ESTABLISHED A PERMANENT RESIDENCE. VARIOUS FOOD AND UTILITY BILLS AND A PAID BANK LOAN NOTE WERE SUBMITTED TO SUPPORT THE CLEAR FIELD RESIDENCE.
PURSUANT TO PARAGRAPH 7011, JOINT TRAVEL REGULATIONS, A MEMBER SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY, WITH EXCEPTIONS NOT HERE INVOLVED, IS ENTITLED TO THE TRANSPORTATION OF HIS DEPENDENTS NOT TO EXCEED THE DISTANCE FROM HIS LAST DUTY STATION TO THE PLACE HE ELECTS TO RECEIVE TRAVEL ALLOWANCES FOR HIS TRAVEL UNDER THE PROVISIONS OF PARAGRAPH 4157, JOINT TRAVEL REGULATIONS, WHICH PROVIDES FOR MILEAGE FROM LAST DUTY STATION TO HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, PROVIDED IT IS CLEARLY SHOWN THAT AT THE TIME THE TRAVEL WAS PERFORMED THE MEMBER INTENDED TO ESTABLISH A BONA FIDE RESIDENCE AT THE LOCATION SELECTED AS HIS HOME. THE EXPLANATION CONTAINED IN YOUR LETTER AND THE ADDITIONAL EVIDENCE FURNISHED ARE CONSIDERED AS ESTABLISHING CLEAR FIELD, IOWA, AS YOUR BONA FIDE RESIDENCE WITHIN THE CONTEMPLATION OF THE CITED REGULATIONS, AND YOUR CLAIM FOR REIMBURSEMENT FOR DEPENDENTS' TRAVEL FROM SIOUX LOOKOUT, ONTARIO, CANADA, TO CLEAR FIELD WILL BE ALLOWED ON THAT BASIS IN A SETTLEMENT TO ISSUE IN DUE COURSE.
THE ENCLOSURES TO YOUR LETTER OF MAY 15, 1961, ARE RETURNED FOR YOUR RECORDS.