B-110926, SEP 24, 1952

B-110926: Sep 24, 1952

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PRECIS-UNAVAILABLE RAYNE HENDERSON MONAGHAN: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 24. YOU WERE TRANSFERRED FROM PERMANENT DUTY AT THE NAVAL AIR STATION. THE RECORD SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY AND TRANSFERRED TO THE RETIRED LIST FOR PHYSICAL DISABILITY BY BUREAU OF NAVAL PERSONNEL ORDERS OF AUGUST 8. TRANSPORTATION OF DEPENDENTS INCIDENT TO ORDERS TO A HOSPITAL FOR TREATMENT IS NOT AUTHORIZED EVEN IN CASES WHERE IT IS CERTIFIED THAT THE PERIOD OF TREATMENT CAN BE EXPECTED TO BE PROLONGED UNLESS THE TRAVEL IS TO THE CITY IN WHICH THE HOSPITAL IS LOCATED. MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO MILEAGE FOR TRAVEL PERFORMED ON PERMANENT CHANGE OF STATION FROM LAST STATION TO THE HOME SELECTED UPON RETIREMENT WITH A SIMILAR RIGHT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO SUCH HOME PROVIDED SUCH HOME IS SELECTED AND TRAVEL IS PERFORMED THERETO WITHIN ONE YEAR FROM THE DATE OF RETIREMENT OR ONE YEAR FROM APRIL 28.

B-110926, SEP 24, 1952

PRECIS-UNAVAILABLE

RAYNE HENDERSON MONAGHAN:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 24, 1952, FORWARDED HERE BY THE NAVY DEPARTMENT UNDER DATE OF MAY 27, 1952, RELATIVE TO THE SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE DATED MARCH 24, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR WIFE'S TRANSPORTATION FROM YOUR LAST DUTY STATION AT PENSACOLA, FLORIDA, TO PORTSMOUTH, VIRGINIA.

IT APPEARS THAT ON DECEMBER 8, 1950, YOU WERE TRANSFERRED FROM PERMANENT DUTY AT THE NAVAL AIR STATION, PENSACOLA, FLORIDA, TO THE UNITED STATES NAVAL HOSPITAL THEREAT, NO WRITTEN ORDERS BEING ISSUED. STANDARD TRANSFER ORDER NO. 151, FEBRUARY 13, 1951, EFFECTED YOUR TRANSFER FROM THE LATTER HOSPITAL TO THE UNITED STATES NAVAL HOSPITAL, ST. ALBANS, NEW YORK, FOR FURTHER TREATMENT AND DISPOSITION. STANDARD TRANSFER ORDER OF JULY 18, 1951, DIRECTED A FURTHER TRANSFER TO THE COMMANDANT, FIFTH NAVAL DISTRICT, NORFOLK, VIRIGINA, FOR ADMINISTRATIVE PURPOSES AND TO THE VETERANS ADMINISTRATION HOSPITAL, RICHMOND, VIRGINIA, FOR FURTHER TREATMENT. THE RECORD SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY AND TRANSFERRED TO THE RETIRED LIST FOR PHYSICAL DISABILITY BY BUREAU OF NAVAL PERSONNEL ORDERS OF AUGUST 8, 1951.

TRANSPORTATION OF DEPENDENTS INCIDENT TO ORDERS TO A HOSPITAL FOR TREATMENT IS NOT AUTHORIZED EVEN IN CASES WHERE IT IS CERTIFIED THAT THE PERIOD OF TREATMENT CAN BE EXPECTED TO BE PROLONGED UNLESS THE TRAVEL IS TO THE CITY IN WHICH THE HOSPITAL IS LOCATED. YOUR WIFE DID NOT TRAVEL TO RICHMOND BUT TO PORTSMOUTH AND THEREFORE YOU MAY NOT BE REIMBURSED FOR SUCH TRAVEL AS INCIDENT TO A PERMANENT CHANGE OF STATION FROM PENSACOLA TO RICHMOND. MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO MILEAGE FOR TRAVEL PERFORMED ON PERMANENT CHANGE OF STATION FROM LAST STATION TO THE HOME SELECTED UPON RETIREMENT WITH A SIMILAR RIGHT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO SUCH HOME PROVIDED SUCH HOME IS SELECTED AND TRAVEL IS PERFORMED THERETO WITHIN ONE YEAR FROM THE DATE OF RETIREMENT OR ONE YEAR FROM APRIL 28, 1952, WHICHEVER IS LATER. SEE PARAGRAPHS 1150-3, 3003-1A, 4150-1(F), 4153 CASE 12 AND 7000 OF THE JOINT TRAVEL REGULATIONS. HOWEVER, SINCE IN A LETTER DATED JUNE 23, 1952, YOU STATED, IN SUBSTANCE, THAT YOU HAVE BEEN AWAITING ALLOWANCE OF YOUR CLAIMS IN ORDER TO MAKE THE TRIP TO VALLEJO, CALIFORNIA, IT IS ASSUMED THAT IT IS NOT YOUR INTENTION TO DESIGNATE PORTSMOUTH, VIRGINIA, AS THE HOME SELECTED BY YOU UPON RETIREMENT.

ACCORDINGLY, THE SETTLEMENT OF MARCH 24, 1952, IS SUSTAINED.