B-110830, JAN 21, 1953

B-110830: Jan 21, 1953

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DOMANICK: REFERENCE IS MADE TO YOUR LETTER OF MAY 1. WHILE YOU WERE SERVING AS TECHNICAL SERGEANT. YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY WITH HEADQUARTERS. IT BEING PROVIDED THEREIN THAT TRANSPORTATION FOR YOUR DEPENDENTS (WIFE AND INFANT SON) WAS AUTHORIZED. YOU WERE FURTHER ASSIGNED TO FAIRFIELD-SUISUN AIR FORCE BASE. IT BEING STATED THEREIN THAT YOUR HOME ADDRESS WAS 914 LYSLE AVENUE. YOU WERE TRANSFERRED TO AIR FORCE ASSEMBLY STATION. YOU WERE DIRECTED TO PROCEED TO NORTON AIR FORCE BASE. WAS EFFECTED BY THE AIR FORCE. UPON AUDIT OF THE PERTINENT VOUCHER BY THIS OFFICE EXCEPTION WAS TAKEN TO PAYMENT IN EXCESS OF $21.32 REPRESENTING REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM FAIRFIELD-SUISUN AIR FORCE BASE TO NORTON AIR FORCE BASE.

B-110830, JAN 21, 1953

PRECIS-UNAVAILABLE

CHARLES M. DOMANICK:

REFERENCE IS MADE TO YOUR LETTER OF MAY 1, 1952, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 30, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM FAIRFIELD SUISUN AIR FORCE BASE, CALIFORNIA, TO MCKEESPORT PENNSYLVANIA, AND FROM THE LATTER CITY TO SAN BERNARDINO, CALIFORNIA, WHILE YOU WERE SERVING AS TECHNICAL SERGEANT, UNITED STATES AIR FORCE; ALSO, TO YOUR LETTER OF JUNE 26, 1952, REQUESTING THAT THERE BE RETURNED TO YOU CERTAIN PAPERS RELATING TO THAT CLAIM.

BY PARAGRAPH 7, SPECIAL ORDERS NO. 102, DATED APRIL 29, 1950, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY WITH HEADQUARTERS, FAR EAST AIR FORCES BASE, APO 925, AND TRANSFERRED TO 6403D OVERSEAS REPLACEMENT SQUADRON, APO 503, FOR RETURN TO THE ZONE OF INTERIOR FOR REASSIGNMENT, IT BEING PROVIDED THEREIN THAT TRANSPORTATION FOR YOUR DEPENDENTS (WIFE AND INFANT SON) WAS AUTHORIZED. BY PARAGRAPH 1, LETTER ORDERS 15, 6403D OVERSEAS REPLACEMENT SQUADRON, 13TH AIR BASE GROUP DEPOT, APO 503, DATED MAY 4, 1950, YOU WERE FURTHER ASSIGNED TO FAIRFIELD-SUISUN AIR FORCE BASE, CALIFORNIA, IT BEING STATED THEREIN THAT YOUR HOME ADDRESS WAS 914 LYSLE AVENUE, MCKEESPORT PENNSYLVANIA. UPON ARRIVAL AT THE LATTER BASE, BY LETTER ORDERS PAE-1155, DATED MAY 8, 1950, YOU WERE TRANSFERRED TO AIR FORCE ASSEMBLY STATION, FORT DIX, NEW JERSEY, FOR PROCESSING AND REASSIGNMENT, 30 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE AT 914 LYSLE AVENUE, MCKEESPORT, PENNSYLVANIA, BEING AUTHORIZED. BY PARAGRAPH 62, SPECIAL ORDERS NO. 115, FORT DIX, NEW JERSEY, JUNE 14, 1950, YOU WERE DIRECTED TO PROCEED TO NORTON AIR FORCE BASE, CALIFORNIA, FOR DUTY. REIMBURSEMENT IN THE SUM OF $216.32 FOR YOUR WIFE'S TRAVEL FROM FAIRFIELD- SUISUN AIR FORCE BASE, CALIFORNIA, TO MCKEESPORT, PENNSYLVANIA, MAY 6 TO 15, 1950, AND FROM THE LATTER POINT TO SAN BERNARDINE, CALIFORNIA, JUNE 14 TO 26, 1950, WAS EFFECTED BY THE AIR FORCE. UPON AUDIT OF THE PERTINENT VOUCHER BY THIS OFFICE EXCEPTION WAS TAKEN TO PAYMENT IN EXCESS OF $21.32 REPRESENTING REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM FAIRFIELD-SUISUN AIR FORCE BASE TO NORTON AIR FORCE BASE, CALIFORNIA. AS A RESULT, THE SUM OF $195 WAS COLLECTED FROM YOU BY CHECK AGE AGAINST YOUR PAY. YOUR SUBSEQUENT CLAIM FOR REIMBURSEMENT FOR THE FULL DISTANCE TRAVELED BY YOU WIFE WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE. IN YOUR REQUEST FOR REVIEW YOU EXPRESS DISSATISFACTION WITH SAID SETTLEMENT, POINTING OUT THAT THE SAID FIRST INDORSEMENT RECOMMENDED PAYMENT AND FURTHER STATING THAT YOU WERE ADVISED BY THE INSPECTOR GENERAL AT WRIGHT-PATTERSON AIR FORCE BASE THAT YOUR CLAIM WOULD BE PAID. ALSO, WHILE NOT CITED IN YOUR LETTER, IT APPEARS THAT YOU PLACE RELIANCE ON PARAGRAPH 8C(2), AIR FORCE REGULATIONS 173-7, AS AUTHORITY FOR ALLOWANCE OF YOUR CLAIM.

PARAGRAPH 8C(2), AIR FORCE REGULATIONS 173-7, PROVIDING FOR TRAVEL OF DEPENDENTS FROM OVERSEAS STATIONS TO APPROVED LOCATIONS IN THE UNITED STATES PRIOR TO ORDERS RETURNING THE PERSONNEL UPON WHOM DEPENDENT IN EXCEPTIONAL OR EMERGENCY CASES WHEN DETERMINED TO BE IN THE BEST INTERESTS OF THE GOVERNMENT BY THE OVERSEAS COMMANDER OR THE DEPARTMENT OF THE AIR FORCE, IS NOT FOR APPLICATION TO YOUR CLAIM INASMUCH AS YOUR DEPENDENTS WERE NOT AUTHORIZED TO TRAVEL UNDER SUCH CIRCUMSTANCES. PARAGRAPH 126A, AIR FORCE MANUAL 173-4, PROVIDING THAT REDISTRIBUTION AND ASSEMBLY STATIONS MAY BE REGARDED AS PERMANENT STATIONS IF FURTHER ASSIGNMENT IS NOT INDICATED, LIKEWISE IS NOT FOR APPLICATION SINCE YOUR ASSIGNMENT TO FORT DIX WAS FOR PROCESSING AND REASSIGNMENT. THUS, IRRESPECTIVE OF THE ACTUAL TRAVEL YOUR DEPENDENT ELECTED TO PERFORM FOLLOWING HER RETURN TO THE UNITED STATES, THE REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS TO WHICH YOU BECAME ENTITLED INCIDENT TO THE PERMANENT CHANGE OF STATION INITIATED BY YOUR RELIEF FROM DUTY AT YOUR OVERSEAS STATION AND COMPLETED BY YOUR ASSIGNMENT TO NORTON AIR FORCE BASE, CALIFORNIA, WAS LIMITED TO THE LAND TRAVEL REQUIRED BETWEEN YOUR PORT OF ENTRY AND YOUR NEW PERMANENT STATION, IN LIKE MANNER AS IN THE CASE OF A CHANGE FROM ONE PERMANENT STATION TO ANOTHER WHERE BOTH ARE IN THE UNITED STATES. REIMBURSEMENT ON SUCH BASIS HAS BEEN RECEIVED BY YOU AND THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT AS REIMBURSEMENT FOR YOUR WIFE'S TRAVEL TO YOUR HOME AND THENCE TO YOUR NEW STATION. IT IS REGRETTED THAT YOU MAY HAVE BEEN ERRONEOUSLY ADVISED IN THIS RESPECT WHILE IN THE SERVICE.

ACCORDINGLY, THE SETTLEMENT OF APRIL 30, 1952, WAS CORRECT AND MUST BE SUSTAINED.

WITH RESPECT TO YOUR REQUEST THAT CERTAIN PAPERS OF YOUR CLAIM (YOUR LETTER OF OCTOBER 4, 1951, PRESENTING CLAIM TO THIS OFFICE, AND FIRST INDORSEMENT, HEADQUARTERS, AIR MATERIAL CORPS, WRIGHT-PATTERSON AIR FORCE BASE, DATED JULY 31, 1950) BE RETURNED, YOU ARE ADVISED THAT SINCE SAID PAPERS AMONG OTHERS CONSTITUTE THE BASIS OF SAID SETTLEMENT OF APRIL 30, 1952, THIS OFFICE IS REQUIRED TO RETAIN THESE PAPERS IN ITS PERMANENT FILES. HENCE, I AM UNABLE TO COMPLY WITH YOUR REQUEST.