B-113499, FEB 27, 1953

B-113499, FEB 27, 1953

PRECIS-UNAVAILABLE

LIEUTENANT (JG) WILLIAM E. ANDRESON, USNR:

REFERENCE IS MADE TO YOUR WIFE'S LETTER OF DECEMBER 28, 1952, REQUESTING IN YOUR BEHALF REVIEW OF THE SETTLEMENT OF DECEMBER 18, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR HER TRAVEL FROM HOLLYWOOD, CALIFORNIA, TO PENSACOLA, FLORIDA AND THENCE TO SAN YSIDRO, CALIFORNIA,

BY ORDERS DATED DECEMBER 7, 1951, ADDRESSED TO YOU AT SAN BERNARDINO, CALIFORNIA, YOU WERE ORDERED TO ACTIVE DUTY AND DIRECTED TO PROCEED TO NEW ORLEANS, LOUISIANA, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR ABOUT EIGHT WEEKS UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO PENSACOLA, FLORIDA, FOR DUTY. THE UNEXECUTED PORTION OF YOUR ORDERS WAS MODIFIED BY ORDERS DATED FEBRUARY 28, 1952, WHICH DIRECTED YOU TO REPORT TO THE CHIEF OF NAVAL AIR BASIC TRAINING, PENSACOLA, FOR TEMPORARY DUTY OF ABOUT SIX WEEKS IN HELICOPTER TRAINING, AND THENCE TO SAN DIEGO, CALIFORNIA, FOR DUTY ABOARD HELICOPTER SQUADRON ONE (HU-1). YOUR WIFE TRAVELED FROM HOLLYWOOD, CALIFORNIA, TO YOUR TEMPORARY DUTY STATIONS (NEW ORLEANS AND PENSACOLA) AND THENCE TO SAN YSIDRO, CALIFORNIA, AT PERSONAL EXPENSE. YOU WERE PAID $9.12 AS REIMBURSEMENT BASED ON TRAVEL FROM HOLLYWOOD TO SAN YSIDRO, CALIFORNIA. IN REQUESTING ADDITIONAL REIMBURSEMENT FOR HER TRAVEL YOUR WIFE STATES THAT WHEN SHE ACCOMPANIED YOU TO NEW ORLEANS YOUR ORDERS CALLED FOR PERMANENT DUTY AT PENSACOLA; THAT YOU HAD REQUESTED THE TRANSFER TO HELICOPTER TRAINING (TEMPORARY DUTY), AND THAT SINCE IT WAS NOT KNOWN WHETHER THE TRANSFER WOULD BE EFFECTED IT IS BELIEVED REIMBURSEMENT SHOULD BE BASED ON THE ORIGINAL ORDERS.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT OR MONETARY ALLOWANCE IN LIEU THEREOF. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDE (PARAGRAPHS 7000 AND 3003-1) THAT TRANSPORTATION OF DEPENDENTS IS AUTHORIZED UPON CHANGE OF PERMANENT STATION INCLUDING THE CHANGE FROM HOME TO FIRST STATION, AND (PARAGRAPH 7053) THAT WHEN A MEMBER CALLED TO ACTIVE DUTY IS FIRST ASSIGNED TO A TEMPORARY DUTY STATION AND IS SUBSEQUENTLY ORDERED TO MAKE A PERMANENT CHANGE OF STATION HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED TO THE PERMANENT STATION NOT TO EXCEED THE COST FROM HOME TO FIRST PERMANENT STATION.

THUS, HAD YOUR ORDERS OF DECEMBER 7, 1951, REMAINED UNCHANGED, UPON COMPLETION OF TEMPORARY DUTY AT NEW ORLEANS YOU WOULD HAVE BEEN ENTITLED TO TRANSPORTATION FOR YOUR WIFE FROM YOUR HOME TO PENSACOLA, FLORIDA, AS TO FIRST PERMANENT STATION AND THENCE TO SUCH NEW PERMANENT STATION AS MIGHT HAVE BEEN SUBSEQUENTLY DESIGNATED. HOWEVER, SINCE YOUR BASIC ORDERS WERE MODIFIED (APPARENTLY AT YOUR REQUEST) PRIOR TO THE EFFECTIVE DATE OF SO MUCH THEREOF AS CONCERNED PERMANENT DUTY AT PENSACOLA, RESULTING IN TEMPORARY DUTY AT THAT STATION, YOU WERE ENTITLED TO REIMBURSEMENT FOR TRAVEL ACTUALLY PERFORMED BY YOUR WIFE NOT TO EXCEED FROM SAN BERNARDINO TO SAN DIEGO, CALIFORNIA, HOME PORT OF HU-1. SINCE THE AMOUNT PAID WAS COMPUTED ON A LESSER DISTANCE, YOU ARE ENTITLED TO ADDITIONAL REIMBURSEMENT BASED ON THE DISTANCE FROM SAN BERNARDINO TO SAN DIEGO LESS THE SUM OF $9.12. SETTLEMENT FOR THE AMOUNT FOUND DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.