B-109221, MAY 1, 1952

B-109221, MAY 1, 1952

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL A.S. KINSMAN, DEPARTMENT OF THE ARMY:

THERE HAS BEEN RECEIVED BY FIRST ENDORSEMENT DATED APRIL 14, 1952, YOUR LETTER DATED MARCH 14, 1952, TRANSMITTING FOR ADVANCE DECISION A VOUCHER IN FAVOR OF LIEUTENANT COLONEL HAROLD L. LEWIS, USAF, IN THE SUM OF $181.80 REPRESENTING MONETARY ALLOWANCE OF 6 CENTS PER MILE FOR HIS WIFE'S TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO WASHINGTON, D.C.

THE RECORD SHOWS THAT BY PARAGRAPH 9, HAMILTON AIR FORCE BASE SPECIAL ORDERS NO. 99, DATED MAY 22, 1951, THE CLAIMANT WAS TRANSFERRED FROM THAT STATION TO DETACHMENT OF PATIENTS, LETTERMAN ARMY HOSPITAL, SAN FRANCISCO, CALIFORNIA; THAT ON MAY 23, 1951, THE AIR FORCE HOSPITAL LIAISON OFFICER, LETTERMAN ARMY HOSPITAL, CERTIFIED THAT LIEUTENANT COLONEL HAROLD L. LEWIS "WILL BE HOSPITALIZED FOR A PROLONGED PERIOD OF TIME;" THAT BY PARAGRAPH 7, LETTERMAN ARMY HOSPITAL SPECIAL ORDERS NO. 107, DATED JUNE 1, 1951, THE CLAIMANT WAS TRANSFERRED TO WALTER REED ARMY HOSPITAL, WASHINGTON, FOR OBSERVATION AND TREATMENT, IT BEING STATED THEREIN THAT HE WOULD DEPART ON JUNE 5, 1951, AND THAT A DELAY OF 7 DAYS ENROUTE WAS AUTHORIZED; THAT HIS WIFE TRAVELED FROM SAN FRANCISCO, CALIFORNIA, TO WASHINGTON, D.C., JUNE 5 TO 19, 1951, BY PRIVATELY OWNED AUTOMOBILE, AND THAT ON JUNE 25, 1951, THE COMMANDING GENERAL, WALTER REED ARMY HOSPITAL, CERTIFIED THAT THE PERIOD OF TREATMENT IN THAT HOSPITAL OF LIEUTENANT COLONEL HAROLD L. LEWIS "IS EXPECTED TO BE PROLONGED." YOUR DOUBT AS TO WHETHER PAYMENT OF MONETARY ALLOWANCE FOR THE WIFE'S TRAVEL IS AUTHORIZED ARISES FROM THE FACT THAT THE TRAVEL PRECEDED THE ISSUANCE OF THE LATTER CERTIFICATE.

PARAGRAPH 7004-1, JOINT TRAVEL REGULATIONS, PROVIDES THAT, SUBJECT TO SUBPARAGRAPH 4, WHEN A MEMBER IS TRANSFERRED FROM EITHER A TEMPORARY OR PERMANENT DUTY STATION TO A HOSPITAL OR FROM A HOSPITAL WHERE LISTED AS A PATIENT TO ANOTHER HOSPITAL FOR OBSERVATION AND TREATMENT, TRANSPORTATION FOR HIS DEPENDENTS IS AUTHORIZED, AS FOR A PERMANENT CHANGE OF STATION, FROM THE LAST PERMANENT DUTY STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED. SAID SUBPARAGRAPH 4 PROVIDES THAT WHEN A MEMBER IS HOSPITALIZED AND A CERTIFICATE IS EXECUTED BY THE COMMANDING OFFICER OF THE HOSPITAL SETTING FORTH THE FINDING THAT THE MEMBER MAY BE TRANSPORTED AT GOVERNMENT EXPENSE, AND THAT "SUCH CERTIFICATE WILL BE FURNISHED IN ADDITION TO OTHER SUPPORTING PAPERS WITH THE APPLICATION FOR TRANSPORTATION FOR DEPENDENTS."

THUS, WHERE TRANSPORTATION IN KIND IS DESIRED FOR DEPENDENTS INCIDENT TO TRANSFER OF THE MEMBER TO A HOSPITAL FOR TREATMENT FOR A PROLONGED PERIOD, THE REQUIRED CERTIFICATE CLEARLY MUST BE ISSUED BEFORE TRAVEL IS PERFORMED. HOWEVER, WHERE AN OFFICER TRANSPORTS HIS DEPENDENTS AT HIS OWN EXPENSE PARAGRAPH 7003, JOINT TRAVEL REGULATIONS, PROVIDES FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND, PAYABLE "AFTER THE TRAVEL OF THE DEPENDENTS HAS BEEN COMPLETED." THE ORDERS OF MAY 22 AND JUNE 1, 1951, DETACHED COLONEL LEWIS FROM FURTHER DUTY AT HIS OLD PERMANENT STATION, HAMILTON AIR FORCE BASE, HAMILTON, CALIFORNIA, AND FROM LETTERMAN ARMY HOSPITAL, SAN FRANCISCO, CALIFORNIA, WHEREUPON A RIGHT VESTED IN HIM TO TRANSPORT HIS DEPENDENT SUBJECT TO SUCH REIMBURSEMENT AS MIGHT BECOME DUE ON THE BASIS OF SUBSEQUENT ORDERS. SINCE HIS DEPENDENT TRAVELED INCIDENT TO THE ORDERS OF MAY 22 AND JUNE 1, 1951, TO THE CITY IN WHICH THE HOSPITAL INVOLVED IS LOCATED, AND THE CERTIFICATE TO THE EFFECT THAT THE TREATMENT WAS EXPECTED TO BE FOR A PROLONGED PERIOD HAS BEEN FURNISHED, THE OFFICER IS ENTITLED TO REIMBURSEMENT FOR SUCH TRAVEL AS FOR A PERMANENT CHANGE OF STATION TO WASHINGTON, D.C.

ACCORDINGLY, THE VOUCHER TOGETHER WITH SUPPORTING PAPERS IS RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED, IF CORRECT IN OTHER RESPECTS.