B-112851, MAR 11, 1953

B-112851: Mar 11, 1953

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WAS RELEASED FROM ASSIGNMENT AND DUTY THEREAT AND REASSIGNED TO TYNDALL AFB. THE OFFICER WAS RELEASED FROM PENDING DUTY*ASSIGNMENT THEREAT AND REASSIGNED TO DUTY AT WICHITA AFB. REIMBURSEMENT ON A MILEAGE BASIS WAS MADE TO HIM FOR SUCH TRAVEL BUT HIS PAY ACCOUNT WAS SUBSEQUENTLY CHECKED IN THE SUM OF $40.77. HIS CLAIM IS FOR THE AMOUNT SO CHECKED IN HIS PAY ACCOUNT. PROVIDES IN SECTION 7000 THEREOF THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION. PARAGRAPH 7003 THEREOF PROVIDES THAT A MEMBER WHO ELECTS TO TRANSPORT HIS DEPENDENTS AT HIS OWN EXPENSE IS ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND.

B-112851, MAR 11, 1953

PRECIS-UNAVAILABLE

CAPTAIN H. W. SHEFFIELD, USAF:

THERE HAS BEEN RECEIVED BY LETTER OF NOVEMBER 14, 1952, YOUR FIRST INDORSEMENT DATED JULY 24, 1952, TRANSMITTING FOR ADVANCE DECISION A VOUCHER IN FAVOR OF MAJOR RICHARD V. RILEY, USAF, IN THE SUM OF $40.77, REPRESENTING THE ADDITIONAL AMOUNT CLAIMED AS REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS UNDER THE CIRCUMSTANCES THEREIN SHOWN.

THE RECORD SHOWS THAT BY PARAGRAPH 6, SPECIAL ORDERS NO. 244, HEADQUARTERS, 3615TH PILOT TRAINING WING, CRAIG AIR FORCE BASE, ALABAMA, DATED SEPTEMBER 29, 1951, MAJOR (THEN CAPTAIN) RILEY, WAS RELEASED FROM ASSIGNMENT AND DUTY THEREAT AND REASSIGNED TO TYNDALL AFB, FLORIDA, FOR SUBSEQUENT REASSIGNMENT TO PINECASTLE AFB, FLORIDA, FOR DUTY. SUCH ORDERS FURTHER DIRECTED THAT PRIOR TO REPORTING AT TYNDALL AFB THE OFFICER WOULD PROCEED TO WICHITA AFB, KANSAS, ON OR ABOUT OCTOBER 19, 1951, FOR TEMPORARY DUTY FOR APPROXIMATELY 60 DAYS FOR THE PURPOSE OF INDOCTRINATION. BY PARAGRAPH 47, SPECIAL ORDERS NO. 318, HEADQUARTERS, 3625TH TRAINING WING, TYNDALL AIR FORCE BASE, FLORIDA, DATED DECEMBER 7, 1951, THE OFFICER WAS RELEASED FROM PENDING DUTY*ASSIGNMENT THEREAT AND REASSIGNED TO DUTY AT WICHITA AFB, KANSAS, EFFECTIVE ON DECEMBER 11, 1951. THE OFFICER STATES THAT HIS DEPENDENTS (WIFE AND SON, AGE 8) TRAVELED AT PERSONAL EXPENSE FROM CRAIG AFB, SELMA, ALABAMA TO TYNDALL AFB, PANAMA CITY, FLORIDA, BETWEEN THE DATES NOVEMBER 30 AND DECEMBER 1, 1951, AND THAT THEY TRAVELED FROM THE LATTER PLACE TO WICHITA AFB, KANSAS, BETWEEN THE DATES DECEMBER 11 AND 15, 1951. REIMBURSEMENT ON A MILEAGE BASIS WAS MADE TO HIM FOR SUCH TRAVEL BUT HIS PAY ACCOUNT WAS SUBSEQUENTLY CHECKED IN THE SUM OF $40.77, REPRESENTING THE DIFFERENCE BETWEEN MILEAGE COMPUTED ON THE DISTANCE FROM SELMA, ALABAMA TO WICHITA, KANSAS, AND MILEAGE COMPUTED BETWEEN SAID PLACES VIA TYNDALL AFB, FLORIDA. HIS CLAIM IS FOR THE AMOUNT SO CHECKED IN HIS PAY ACCOUNT.

THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, 814, PROVIDES IN SECTION 7000 THEREOF THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION. PARAGRAPH 7003 THEREOF PROVIDES THAT A MEMBER WHO ELECTS TO TRANSPORT HIS DEPENDENTS AT HIS OWN EXPENSE IS ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND, COMPUTED ON A MILEAGE BASIS AT THE RATES THEREIN PRESCRIBED ON THE DISTANCE FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION.

IT APPEARS THAT THE ORDERS OF DECEMBER 7, 1951, WERE RECEIVED BY MAJOR RILEY PRIOR TO HIS COMPLETION OF TEMPORARY DUTY ASSIGNED AT WICHITA, KANSAS, BY ORDERS DATED SEPTEMBER 29, 1951, AND THAT HE NEVER REPORTED FOR DUTY AT TYNDALL AFB, FLORIDA. THE EFFECT OF THE SAID TWO ORDERS WAS TO DIRECT MAJOR RILEY TO PROCEED FROM HIS PERMANENT STATION, SELMA, ALABAMA, TO WICHITA, KANSAS, FOR DUTY, AND THE ONLY TRAVEL INVOLVED UNDER THESE ORDERS WAS TRAVEL BETWEEN SAID PLACES. SINCE THE ASSIGNMENT AT TYNDALL AFB WAS CHANGED BEFORE TRAVEL THERETO WAS REQUIRED, MAJOR RILEY DID NOT ACQUIRE A DUTY STATION AT TYNDALL AFB, FLORIDA, INSOFAR AS TRAVEL ALLOWANCES ARE CONCERNED. THEREFORE, THE OFFICER WAS ENTITLED ONLY TO REIMBURSEMENT ON A MILEAGE BASIS FOR THE TRAVEL OF HIS DEPENDENTS COMPUTED ON THE DISTANCE FROM CRAIG AFB, ALABAMA TO WICHITA, AFB, KANSAS. SINCE HE HAS BEEN PAID THE AMOUNT DUE ON SUCH BASIS, THERE IS NO AUTHORITY FOR PAYMENT OF ANY ADDITIONAL AMOUNT. ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.