B-110668, SEP 11, 1952

B-110668: Sep 11, 1952

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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF MAY 21. YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT ANDREWS AIR FORCE BASE. IT BEING STATED THEREIN THAT ALL TEMPORARY APPOINTMENTS WERE TERMINATED EFFECTIVE ON THE DATE OF RELIEF FROM ACTIVE DUTY. THAT THE AUTHORITY FOR SUCH ORDERS WAS SECTION 515D. YOU STATE YOU WERE CREDITED WITH MILEAGE FOR TRAVEL FROM WASHINGTON. YOU WERE REAPPOINTED AS WARRANT OFFICER (JG) UNITED STATES AIR FORCE. IT BEING SPECIFICALLY PROVIDED THAT THIS ASSIGNMENT WAS FOR RECORD PURPOSES ONLY AND THAT NO TRAVEL WAS INVOLVED. YOU WERE RETIRED EFFECTIVE MARCH 31. IN WHICH ORDERS IT AGAIN WAS STATED THAT AT THE PROPER TIME YOU WOULD PROCEED TO YOUR HOME. THE RECORD INDICATES THAT IN 1951 YOUR HOUSEHOLD EFFECTS (WEIGHT NOT SHOWN) WERE PACKED AND HAULED FROM WASHINGTON.

B-110668, SEP 11, 1952

PRECIS-UNAVAILABLE

MAJOR JOHN S. PHILLIPS, AFUS, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF MAY 21, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 7, 1952, WHICH ALLOWED $208.56 AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM WASHINGTON, D.C., TO MEXICO, D.F., MEXICO, AND DISALLOWED YOUR CLAIM FOR MILEAGE FOR YOUR TRAVEL BETWEEN THOSE POINTS.

THE RECORD SHOWS THAT BY LETTER ORDERS NO. 6, DATED FEBRUARY 10, 1950, ADDRESSED TO YOU AS MAJOR, USAF, AND LIEUTENANT COLONEL, USAFR, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT ANDREWS AIR FORCE BASE, WASHINGTON, D.C., AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD, MEXICO, D.F., MEXICO, TO REVERT TO AN INACTIVE STATUS EFFECTIVE FEBRUARY 24, 1950, IT BEING STATED THEREIN THAT ALL TEMPORARY APPOINTMENTS WERE TERMINATED EFFECTIVE ON THE DATE OF RELIEF FROM ACTIVE DUTY, AND THAT THE AUTHORITY FOR SUCH ORDERS WAS SECTION 515D, ACT OF AUGUST 7, 1947, 61 STAT. 907.

YOU STATE YOU WERE CREDITED WITH MILEAGE FOR TRAVEL FROM WASHINGTON, D.C., TO YOUR HOME INCIDENT TO SAID ORDERS. HOWEVER, YOU DID NOT TRAVEL THERETO AT THAT TIME. INSTEAD, ON MARCH 19, 1950, WHILE IN WASHINGTON, D.C., YOU APPLIED FOR REAPPOINTMENT AS WARRANT OFFICER (JG) UNITED STATES AIR FORCE, AND FOR RETIREMENT THEREFROM EFFECTIVE MARCH 31, 1951. SPECIAL ORDERS NO. 54, DATED MARCH 20, 1950, YOU WERE REAPPOINTED AS WARRANT OFFICER (JG) UNITED STATES AIR FORCE, AND ASSIGNED TO ANDREWS AIR FORCE BASE, WASHINGTON, D.C., IT BEING SPECIFICALLY PROVIDED THAT THIS ASSIGNMENT WAS FOR RECORD PURPOSES ONLY AND THAT NO TRAVEL WAS INVOLVED.

BY PARAGRAPH 14, SPECIAL ORDERS NO. 59, DATED MARCH 27, 1950, YOU WERE RETIRED EFFECTIVE MARCH 31, 1950, IN WHICH ORDERS IT AGAIN WAS STATED THAT AT THE PROPER TIME YOU WOULD PROCEED TO YOUR HOME. YOUR DEPENDENTS (WIFE AND 2 CHILDREN) TRAVELED FROM WASHINGTON, D.C., TO MEXICO, D.F., MEXICO, DURING THE PERIOD MARCH 31, 1950, TO MARCH 5, 1951. ALSO, THE RECORD INDICATES THAT IN 1951 YOUR HOUSEHOLD EFFECTS (WEIGHT NOT SHOWN) WERE PACKED AND HAULED FROM WASHINGTON, D.C., TO EDGEWATER, MARYLAND, AT A COST OF $52.92. BY THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $208.56 AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS, AND IT WAS STATED THEREIN THAT THE RECORD INDICATES YOU WERE CREDITED WITH MILEAGE FOR YOUR OWN TRAVEL UPON RELIEF FROM ACTIVE DUTY.

IN YOUR PRESENT LETTER YOU STATE IT IS INCONCEIVABLE THAT YOU COULD BE PAID FOR TRAVEL OF YOUR DEPENDENTS INCIDENT TO ORDERS FOR YOUR RETIREMENT AND NOT FOR TRAVEL OF SELF OR TRANSPORTATION OF HOUSEHOLD GOODS UNDER THE SAME ORDERS, AND THAT THE ONLY LOGICAL CONCLUSION IS THAT YOU EITHER OWE THE GOVERNMENT $208.56 OR THE GOVERNMENT OWES YOU FOR YOUR TRAVEL FROM WASHINGTON TO MEXICO, D.F., PLUS $52.92 FOR PACKING AND HAULING YOUR HOUSEHOLD GOODS.

SECTION 515D OF THE ACT OF AUGUST 7, 1947, SUPRA, PROVIDES THAT THE PRESIDENT MAY AT ANY TIME RELIEVE FROM ACTIVE DUTY ANY RESERVE OFFICER WHO IS SERVING ON ACTIVE DUTY. SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 365, 366, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED FOR TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION INCLUDING FOR RESERVE AND RETIRED PERSONNEL, THE CHANGE FROM LAST STATION TO HOME UPON RELIEF FROM ACTIVE DUTY. SAID SECTION 12 AS AMENDED BY SECTION 9 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, AUTHORIZED MILEAGE FROM LAST STATION TO HOME FOR OFFICERS UPON RELIEF FROM ACTIVE DUTY. EXECUTIVE ORDER 10053, DATED APRIL 20, 1949, PROVIDES FOR TRANSPORTATION OF HOUSEHOLD EFFECTS FROM LAST STATION TO HOME, OR BETWEEN OTHER POINTS AT NO GREATER COST, UPON RELIEF FROM ACTIVE DUTY OR RETIREMENT. THUS, UPON RELIEF FROM ACTIVE DUTY IN FEBRUARY 1950, YOU WERE ENTITLED TO MILEAGE FOR YOURSELF AND TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD EFFECTS FROM YOUR LAST PERMANENT STATION TO YOUR HOME. HOWEVER, YOU DID NOT AGAIN BECOME ENTITLED TO THE SAME, OR DOUBLE, TRAVEL AND TRANSPORTATION ALLOWANCES BY REASON OF YOUR RECALL TO ACTIVE DUTY AND RETIREMENT IN MARCH 1950, THE RECORD CLEARLY SHOWING THAT YOU WERE ASSIGNED TO ANDREWS AIR FORCE BASE FOR RECORD PURPOSES ONLY IN ORDER TO EFFECT YOUR RETIREMENT AND THAT NO TRAVEL WAS INVOLVED. THUS, YOUR RETIREMENT INVOLVED A CHANGE IN YOUR STATUS WITHOUT THERE BEING INVOLVED A PERMANENT DUTY STATION FROM WHICH TRAVEL OF SELF AND TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS WOULD BE AUTHORIZED. SINCE YOU STATED IN YOUR LETTER OF AUGUST 22, 1951, THAT YOU WERE "PAID IN FULL FOR TRAVEL TO MEXICO CITY," INCIDENT TO LETTER ORDERS NO. 6, FEBRUARY 10, 1950, RELEASING YOU FROM ACTIVE DUTY, THE SETTLEMENT OF MAY 7, 1952, WHICH DISALLOWED YOUR CLAIM FOR FURTHER MILEAGE INCIDENT TO YOUR RETIREMENT, BUT AUTHORIZED REIMBURSEMENT TO YOU ON A MILEAGE BASIS FOR TRANSPORTATION OF YOUR WIFE AND ONE CHILD OVER 5 YEARS OF AGE INCIDENT TO SAID ORDERS OF FEBRUARY 10, 1950, AS CLEARLY STATED THEREIN, WAS CORRECT AND IS SUSTAINED. IF YOU WILL FURNISH THIS OFFICE WITH EVIDENCE (IN THE FORM OF A RECEIPTED BILL FROM THE CARRIER) SHOWING THE WEIGHT OF YOUR HOUSEHOLD EFFECTS AND THE DATE OF SHIPMENT, CONSIDERATION WILL BE GIVEN TO YOUR CLAIM FOR REIMBURSEMENT FOR PACKING AND HAULING SAME FROM WASHINGTON, D.C., TO EDGEWATER, MARYLAND.