B-113866, JUN 12, 1953

B-113866: Jun 12, 1953

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PRECIS-UNAVAILABLE LESTER VERNON THORPE: REFERENCE IS MADE TO YOUR WIFE'S LETTER OF FEBRUARY 2. YOU WERE TRANSFERRED FROM THE U. YOU WERE TRANSFERRED. YOU WERE TRANSFERRED. THAT YOU WERE PAID TRAVEL ALLOWANCE OF $50.88 FROM GREAT LAKES. IT WAS THE OPINION OF THE MEDICAL OFFICER AT THE SAID NAVAL HOSPITAL THAT YOUR PERIOD OF TREATMENT COULD BE EXPECTED TO BE PROLONGED. THE APPLICABLE REGULATIONS ARE CONTAINED IN PARAGRAPH 7004 OF THE JOINT TRAVEL REGULATIONS. IT IS PROVIDED IN SUBPARAGRAPH 1 THEREOF THAT. WHEN A MEMBER IS TRANSFERRED FROM EITHER A TEMPORARY OR PERMANENT DUTY STATION TO A HOSPITAL OR FROM A HOSPITAL WHERE LISTED AS A PATIENT TO ANOTHER HOSPITAL FOR OBSERVATION AND TREATMENT.

B-113866, JUN 12, 1953

PRECIS-UNAVAILABLE

LESTER VERNON THORPE:

REFERENCE IS MADE TO YOUR WIFE'S LETTER OF FEBRUARY 2, 1953, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JANUARY 27, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF HER TRANSPORTATION FROM PHILADELPHIA, PENNSYLVANIA, YOUR LAST PERMANENT DUTY STATION, TO DOUGLAS, MICHIGAN, BETWEEN THE DATES OF APRIL 3 AND 5, 1952, INCIDENT TO YOUR TRANSFER FROM THE U. S. NAVAL HOSPITAL, PHILADELPHIA, PENNSYLVANIA, TO THE VETERANS ADMINISTRATION HOSPITAL, FORT CUSTER, MICHIGAN, UNDER ORDERS DATED APRIL 3, 1952.

THE RECORD SHOWS THAT ON SEPTEMBER 3, 1951, YOU WERE TRANSFERRED FROM THE U. S. NAVAL RECEIVING STATION, PHILADELPHIA, PENNSYLVANIA, TO THE U. S. NAVAL HOSPITAL AT THAT PLACE; THAT ON OR ABOUT APRIL 3, 1952, YOU WERE TRANSFERRED, BY GOVERNMENT AIRCRAFT, TO THE VETERANS ADMINISTRATION HOSPITAL, FORT CUSTER, MICHIGAN, FOR FURTHER TREATMENT, INCIDENT TO WHICH TRANSFER YOUR WIFE TRAVELED FROM PHILADELPHIA, PENNSYLVANIA, TO DOUGLAS, MICHIGAN; THAT AS OF MAY 1, 1952, APPROXIMATELY 27 DAYS AFTER YOUR ARRIVAL AT FORT CUSTER, YOU WERE TRANSFERRED, PURSUANT TO ORDERS OF APRIL 30, 1952, TO THE TEMPORARY DISABILITY RETIRED LIST OF THE U. S. NAVY; THAT YOU WERE PAID TRAVEL ALLOWANCE OF $50.88 FROM GREAT LAKES, ILLINOIS, TO PHILADELPHIA, PENNSYLVANIA, AND THAT UNDER DATE OF SEPTEMBER 10, 1952, THE COMMANDING OFFICER, U. S. NAVAL HOSPITAL, PHILADELPHIA, PENNSYLVANIA, CERTIFIED THAT AT THE TIME OF YOUR TRANSFER TO THE VETERANS ADMINISTRATION HOSPITAL AT FORT CUSTER, MICHIGAN, IT WAS THE OPINION OF THE MEDICAL OFFICER AT THE SAID NAVAL HOSPITAL THAT YOUR PERIOD OF TREATMENT COULD BE EXPECTED TO BE PROLONGED.

THE APPLICABLE REGULATIONS ARE CONTAINED IN PARAGRAPH 7004 OF THE JOINT TRAVEL REGULATIONS. IT IS PROVIDED IN SUBPARAGRAPH 1 THEREOF THAT, SUBJECT TO SUBPARAGRAOH 4, WHEN A MEMBER IS TRANSFERRED FROM EITHER A TEMPORARY OR PERMANENT DUTY STATION TO A HOSPITAL OR FROM A HOSPITAL WHERE LISTED AS A PATIENT TO ANOTHER HOSPITAL FOR OBSERVATION AND TREATMENT, TRANSPORTATION FOR HIS DEPENDENTS IS AUTHORIZED, AS FOR A PERMANENT CHANGE OF STATION, FROM THE LAST PERMANENT DUTY STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED. SUBPARAGRAPH 4 THEREOF PROVIDES THAT WHEN A MEMBER IS HOSPITALIZED AND A CERTIFICATE IS EXECUTED BY THE COMMANDING OFFICER OF THE HOSPITAL SETTING FORTH THE FINDING THAT THE PERIOD OF TREATMENT CAN BE EXPECTED TO BE PROLONGED, DEPENDENTS OF THE MEMBER MAY BE TRANSPORTED AT GOVERNMENT EXPENSE AS PRESCRIBED IN SUBPARAGRAPH 1.

THE REGULATIONS CONTEMPLATE THAT THE REQUIRED CERTIFICATE SHALL BE THAT OF THE COMMANDING OFFICER OF THE RECEIVING HOSPITAL AND THAT IT SHALL BE PROSPECTIVE IN NATURE. WHILE A REASONABLE DELAY IN ISSUING SUCH CERTIFICATE MAY BE PERMISSIBLE, A CERTIFICATE ISSUED BY THE COMMANDING OFFICER OF THE TRANSFERRING HOSPITAL, AS IN YOUR CASE, MORE THAN FOUR MONTHS AFTER TRANSFER TO A HOSPITAL WHERE THE PERIOD OF TREATMENT PRIOR TO RELEASE FROM ALL ACTIVE DUTY AND TRANSFER TO THE TEMPORARY DISABILITY RETIRED LIST WAS IN FACT OF BUT BRIEF DURATION, MAY NOT BE ACCEPTED AS COMPLYING WITH THE SAID REGULATIONS. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR TRANSPORTATION OF YOUR DEPENDENT INCIDENT TO THE ORDERS OF APRIL 3, 1952.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 27, 1953, IS SUSTAINED.