B-115626, FEB 1, 1954

B-115626, FEB 1, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL JAMES H. COMINGS, F. C., DISBURSING OFFICER:

BY FIRST INDORSEMENT DATED JUNE 4, 1953, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF MAY 18, 1953, SUBMITTING FOR DECISION A VOUCHER STATED IN FAVOR OF FRANCIS J. SCHLEGEL, W-2119653, CHIEF WARRANT OFFICER, ARMY OF THE UNITED STATES, RETIRED, FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY HIS DEPENDENT WIFE FROM HIS LAST STATION, FORT SAM HOUSTON, TEXAS, TO HIS HOME OF SELECTION, ELIZABETHTOWN, KENTUCKY, BETWEEN SEPTEMBER 12 AND 15, 1952.

PURSUANT TO PARAGRAPH 90, SPECIAL ORDERS NO. 173, HEADQUARTERS, DEPARTMENT OF THE ARMY, DATED AUGUST 27, 1952, MR. SCHLEGEL WAS RETIRED IN THE GRADE OF CHIEF WARRANT OFFICER (W-2) EFFECTIVE AUGUST 31, 1952, AT FORT SAM HOUSTON, TEXAS, UNDER AUTHORITY CONTAINED IN SECTIONS 402 AND 409 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 816 AND 823, HAVING BEEN DETERMINED TO BE PERMANENTLY UNFIT FOR DUTY BY REASON OF PHYSICAL DISABILITY. HE WAS ORDERED TO BE HONORABLY DISCHARGED FROM HIS ENLISTED GRADE OF MASTER SERGEANT ON AUGUST 31, 1952, FOR THE CONVENIENCE OF THE GOVERNMENT. IN YOUR LETTER IT IS STATED THAT SINCE THE CLAIMANT WAS RETIRED AS A CHIEF WARRANT OFFICER AND HONORABLY DISCHARGED AS A MASTER SERGEANT SIMULTANEOUSLY, DOUBT EXISTS AS TO WHETHER HIS ENTITLEMENT TO TRAVEL EXTENDS FROM THE RETIREMENT OR THE HONORABLE DISCHARGE.

IT APPEARS THAT ALTHOUGH THE CLAIMANT WAS SERVING ON ACTIVE DUTY AS A MASTER SERGEANT ON AUGUST 31, 1952, HE WAS ENTITLED UNDER THE PROVISIONS OF THE SAID SECTION 402, TO HAVE HIS RETIRED PAY COMPUTED ON THE BASIS OF THE MONTHLY BASIC PAY OF A CHIEF WARRANT OFFICER. IT FURTHER APPEARS THAT HE WAS REQUIRED TO BE RETIRED IN THE GRADE UPON WHICH HIS DISABILITY RETIREMENT PAY WAS TO BE BASED IN VIEW OF THE PROVISIONS OF THE SAID SECTION 409 WHICH ARE AS FOLLOWS:

"A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED PURSUANT TO THIS TITLE SHALL BE RETIRED IN THE RANK, GRADE, OR RATING UPON WHICH HIS DISABILITY RETIREMENT PAY IS BASED OR IN SUCH HIGHER RANK, GRADE, OR RATING AS MAY BE AUTHORIZED BY LAW AT TIME OF RETIREMENT."

SINCE MR. SCHLEGEL WAS ACTUALLY RETIRED AS A CHIEF WARRANT OFFICER PURSUANT TO THE ABOVE-QUOTED SECTION, IT APPEARS THAT THE TRAVEL OF HIS DEPENDENT TO ELIZABETHTOWN, KENTUCKY, WAS INCIDENT TO SUCH RETIREMENT AND THAT BY REASON OF HIS RETIREMENT HE BECAME ENTITLED TO THE TRAVEL ALLOWANCES AUTHORIZED BY THE JOINT TRAVEL REGULATIONS FOR A CHIEF WARRANT OFFICER UPON RETIREMENT. THE FACT THAT, AS ONE STEP IN THE RETIREMENT PROCEDURE, HE WAS GIVEN AN HONORABLE DISCHARGE AS A MASTER SERGEANT SIMULTANEOUSLY WITH HIS RETIREMENT DID NOT AFFECT HIS RIGHTS ARISING BY REASON OF HIS RETIREMENT IN THE GRADE OF CHIEF WARRANT OFFICER.

SINCE MR. SCHLEGEL WAS RETIRED AS A CHIEF WARRANT OFFICER ON AUGUST 31, 1952, HE BECAME ENTITLED, UNDER THE JOINT TRAVEL REGULATIONS, TO REIMBURSEMENT FOR TRAVEL PERFORMED BY HIS DEPENDENT BETWEEN SEPTEMBER 12 AND 15, 1952, FROM HIS LAST DUTY STATION (FORT SAM HOUSTON, TEXAS) TO THE PLACE HE SELECTED AS HIS HOME ON RETIREMENT (ELIZABETHTOWN, KENTUCKY), AND YOU ARE AUTHORIZED TO MAKE PAYMENT TO HIM ON SUCH BASIS. THE VOUCHER IS RETURNED HEREWITH.