B-109242, SEP 2, 1952

B-109242: Sep 2, 1952

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ZYLLA: REFERENCE IS MADE TO YOUR LETTER OF MARCH 29. YOUR HUSBAND WAS RELIEVED OF DUTY AS COMMANDING OFFICER OF THE USS LST-527. IT IS DISCLOSED. THAT HE WAS DETACHED FROM HIS VESSEL ON JUNE 27. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SAID TICKET WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE TRAVEL WAS PERFORMED IN A LEAVE STATUS AND THAT DIRECTED TRAVEL WAS NEVER COMPLETED. IN YOUR REQUEST FOR REVIEW YOU URGE THAT PAYMENT IS AUTHORIZED AND STATE THAT THE ONLY REASON YOUR HUSBAND WAS IN A LEAVE STATUS WAS TO GIVE HIM TIME TO REPORT TO NORFOLK. THAT THE ACCIDENT OCCURRED WHILE HE WAS EN ROUTE (VIA ST. THAT IT IS ONLY AN ASSUMPTION THAT HE DIED WHILE IN A LEAVE STATUS.

B-109242, SEP 2, 1952

PRECIS-UNAVAILABLE

ANNE F. ZYLLA:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 29, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 17, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF A COMMERCIAL AIR LINE TICKET PURCHASED BY YOUR LATE HUSBAND, DANIEL P. ZYLLA, WHILE SERVING AS LIEUTENANT, UNITED STATES NAVY.

THE RECORD SHOWS THAT BY ORDERS DATED JUNE 20, 1951, YOUR HUSBAND WAS RELIEVED OF DUTY AS COMMANDING OFFICER OF THE USS LST-527, DIRECTED TO RETURN TO THE UNITED STATES BY GOVERNMENT AIR, AND TO REPORT AT NORFOLK, VIRGINIA, ON JULY 16, 1951, FOR DUTY, 10 DAYS' LEAVE BEING AUTHORIZED UPON ARRIVAL IN THE UNITED STATES. IT IS DISCLOSED, ALSO, THAT HE WAS DETACHED FROM HIS VESSEL ON JUNE 27, 1951; THAT HE ARRIVED AT SAN FRANCISCO, CALIFORNIA, ON JUNE 29, 1951; THAT ON THAT DATE HE PURCHASED A TICKET VIA UNITED AIR LINES FOR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO MINNEAPOLIS, MINNESOTA, APPARENTLY EN ROUTE TO HIS HOME, ST. CLOUD, MINNESOTA, AT A COST OF $130.93, AND THAT HE MET HIS DEATH EARLY THE NEXT DAY WHEN THE PLANE CRASHED 18 MILES WEST OF FORT COLLINS, COLORADO.

YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SAID TICKET WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE TRAVEL WAS PERFORMED IN A LEAVE STATUS AND THAT DIRECTED TRAVEL WAS NEVER COMPLETED. IN YOUR REQUEST FOR REVIEW YOU URGE THAT PAYMENT IS AUTHORIZED AND STATE THAT THE ONLY REASON YOUR HUSBAND WAS IN A LEAVE STATUS WAS TO GIVE HIM TIME TO REPORT TO NORFOLK, VIRGINIA; THAT THE ACCIDENT OCCURRED WHILE HE WAS EN ROUTE (VIA ST. CLOUD) TO HIS NEW STATION; THAT IT IS ONLY AN ASSUMPTION THAT HE DIED WHILE IN A LEAVE STATUS; AND THAT THE CERTIFICATE OF DEATH ISSUED BY THE NAVY SHOWS HE WAS KILLED IN LINE OF DUTY.

SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 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 CHANGE OF STATION ORDERS. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDE (PARAGRAPH 3003-B) THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN CHANGE OF STATION ORDERS, THE AMOUNT OF SUCH DELAY OR LEAVE WILL BE ADDED TO THE DATE OF RELIEF OR DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS; THAT (PARAGRAPH 4153, CASE 16A) LEAVE SUSPENDS THE EXECUTION OF THE ORDER FOR A PERMANENT CHANGE OF STATION AND AT THE EXPIRATION OF THE LEAVE THE MEMBER COMES UNDER OPERATION OF THE ORDERS, AND THAT (PARAGRAPH 1150-8) AUTHORIZED DELAY IS IN ADDITION TO NECESSARY TRAVEL TIME REQUIRED TO REPORT TO THE DUTY STATION NAMED IN THE ORDERS. UNDER SUCH REGULATIONS IT MUST BE CONSIDERED THAT YOUR HUSBAND WAS ON LEAVE WHEN HE PURCHASED THE AIR LINE TICKET TO TRAVEL TO MINNEAPOLIS AND THAT TRAVEL TO THE NEW STATION WAS NOT REQUIRED UNTIL AFTER EXPIRATION OF LEAVE. IT LONG HAS BEEN HELD THAT PAYMENT IS NOT AUTHORIZED FOR TRAVEL ON LEAVE AND THAT AN OFFICER WHO TRAVELS TOWARD HIS NEW STATION BEFORE TRAVEL IS REQUIRED DOES SO AT THE RISK THAT HIS ORDERS MAY BE MODIFIED OR CANCELLED. 8 COMP. GEN. 524, 24 ID. 776. ALSO, IT HAS BEEN HELD THAT NO MILEAGE IS PAYABLE FOR TRAVEL COMPLETED BY AN OFFICER TOWARD HIS NEW STATION PRIOR TO HIS DEATH WHILE ON LEAVE BEFORE HE WAS REQUIRED TO TRAVEL. A-37735, AUGUST 7, 1931.

THERE THUS APPEARS TO BE NO LEGAL BASIS UPON WHICH REIMBURSEMENT BY THE GOVERNMENT MAY BE AUTHORIZED FOR THE COST OF THE TICKET PURCHASED BY YOUR HUSBAND AND, ACCORDINGLY, THE SETTLEMENT OF MARCH 17, 1952, IS SUSTAINED. IT IS SUGGESTED, HOWEVER, THAT IT MAY BE POSSIBLE FOR YOU TO OBTAIN AT LEAST A PARTIAL REFUND OF THE PURCHASE PRICE OF THE TICKET FROM THE UNITED AIR LINES.