B-115209, FEB 18, 1954

B-115209: Feb 18, 1954

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PETERSON: REFERENCE IS MADE TO YOUR LETTER OF APRIL 27. YOU WERE TRANSFERRED FROM FORT SHERIDAN. THE AMOUNT ALLOWED BY THE SETTLEMENT AS REIMBURSEMENT FOR HER TRAVEL WAS LIMITED TO THE COST FROM FORT SHERIDAN. YOU EXPRESS THE BELIEF THAT REIMBURSEMENT SHOULD HAVE BEEN ALLOWED FOR THE FULL DISTANCE FROM HIGHLAND PARK TO GLENDALE FOR THE REASON THAT YOU WERE ORDERED TO THE NEW YORK PORT OF EMBARKATION FOR A SUBSEQUENT SHIPMENT OVERSEAS. IN VIEW THEREOF AN ADDITIONAL REPORT WAS OBTAINED FROM THE DEPARTMENT OF THE AIR FORCE. WHILE STATIONED AT NEW YORK PORT OF EMBARKATION YOU WERE PLACED ON DETACHED SERVICE ABOARD THE S. SINCE YOUR WIFE'S TRAVEL WAS NOT PERFORMED INCIDENT TO THOSE ORDERS.

B-115209, FEB 18, 1954

PRECIS-UNAVAILABLE

DUANE M. PETERSON:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 27, 1953, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 22, 1953, WHICH ALLOWED $37.44 AS REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM HIGHLAND PARK, ILLINOIS, TO GLENDALE, CALIFORNIA, INCIDENT TO YOUR SERVICE AS SECOND LIEUTENANT, AIR CORPS.

BY ORDERS DATED JULY 24, 1946, YOU WERE TRANSFERRED FROM FORT SHERIDAN, ILLINOIS TO NEW YORK PORT OF EMBARKATION, BROOKLYN, NEW YORK. IN YOUR CLAIM DATED MARCH 17, 1946, YOU STATED THAT YOUR WIFE TRAVELED FROM HIGHLAND PARK TO GLENDALE, ON AUGUST 13, 1946, INCIDENT TO THOSE ORDERS. THE AMOUNT ALLOWED BY THE SETTLEMENT AS REIMBURSEMENT FOR HER TRAVEL WAS LIMITED TO THE COST FROM FORT SHERIDAN, ILLINOIS (OLD PERMANENT STATION) TO BROOKLYN, NEW YORK (NEW PERMANENT STATION), THE MAXIMUM TRANSPORTATION OF DEPENDENTS ALLOWABLE UNDER SAID ORDERS. IN YOUR LETTER OF APRIL 27, 1953, YOU EXPRESS THE BELIEF THAT REIMBURSEMENT SHOULD HAVE BEEN ALLOWED FOR THE FULL DISTANCE FROM HIGHLAND PARK TO GLENDALE FOR THE REASON THAT YOU WERE ORDERED TO THE NEW YORK PORT OF EMBARKATION FOR A SUBSEQUENT SHIPMENT OVERSEAS, AND ASK WHETHER YOU SHOULD PROCESS ANOTHER CLAIM FROM NEW YORK, NEW YORK TO GLENDALE, CALIFORNIA. IN VIEW THEREOF AN ADDITIONAL REPORT WAS OBTAINED FROM THE DEPARTMENT OF THE AIR FORCE, AND THE RECORD NOW SHOWS THAT BY ORDERS DATED AUGUST 14, 1946, WHILE STATIONED AT NEW YORK PORT OF EMBARKATION YOU WERE PLACED ON DETACHED SERVICE ABOARD THE S. S. WHEATON VICTORY (WBA). HOWEVER, SINCE YOUR WIFE'S TRAVEL WAS NOT PERFORMED INCIDENT TO THOSE ORDERS, BUT WAS COMPLETED PRIOR THERETO AND (AS STATED BY YOU IN YOUR CLAIM) INCIDENT TO THE EARLIER ORDERS, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM IN THE ABSENCE OF EVIDENCE SUFFICIENT TO ESTABLISH THAT YOUR TRANSFER FROM THE AIR CORPS TO THE TRANSPORTATION CORPS INITIALLY WAS SOLELY FOR THE PURPOSE OF ASSIGNING YOU TO DUTY ON BOARD A VESSEL. ALSO, SINCE YOUR WIFE APPARENTLY DID NOT TRAVEL FROM NEW YORK, NEW YORK, TO GLENDALE, CALIFORNIA, THERE WOULD BE NO BASIS FOR THE FILING OF ANOTHER CLAIM.

THE SETTLEMENT OF APRIL 22, 1953, IS SUSTAINED.