B-116542, DEC 1, 1953

B-116542, DEC 1, 1953

PRECIS-UNAVAILABLE

MR. MARTIN ALVA:

REFERENCE IS MADE TO YOUR WIFE'S LETTER OF JULY 22, 1953, ALSO TO HER UNDATED LETTER POSTMARKED AUGUST 8, 1953, REQUESTING IN YOUR BEHALF REVIEW OF THE SETTLEMENT OF JULY 20, 1953, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR HER TRAVEL FROM EL PASO, TEXAS, TO CHICAGO, ILLINOIS, INCIDENT TO YOUR SERVICE AS A SERGEANT FIRST CLASS, REGULAR ARMY.

THE RECORD SHOWS THAT YOU ENLISTED ON AUGUST 19, 1948, AND THAT ON JULY 22, 1952, WHILE A PATIENT AT WILLIAM BEAUMONT ARMY HOSPITAL, FORT BLISS, EL PASO, TEXAS, YOU REQUESTED THAT YOU BE ORDERED TO YOUR HOME OF RECORD WHICH YOU STATED WAS 8009 SOUTH HOUSTON AVENUE, CHICAGO, ILLINOIS, PURSUANT TO PARAGRAPH 35, SPECIAL REGULATIONS 600-450-5, CHANGE 1, DATED JANUARY 29, 1952. BY SPECIAL ORDERS NO. 172, WILLIAM BEAUMONT ARMY HOSPITAL, DATED JULY 23, 1952, WHICH CITED THE SAID SPECIAL REGULATIONS AS AUTHORITY, YOU WERE DIRECTED TO PROCEED TO YOUR "HOME", 8009 SOUTH HOUSTON AVENUE, CHICAGO, ILLINOIS, TO AWAIT FINAL DISPOSITION, IT BEING NOTED ON SUCH ORDER, HOWEVER, THAT YOUR HOME ADDRESS AT TIME OF ENTRANCE ON ACTIVE DUTY WAS 7305 AVENUE I, HOUSTON, TEXAS. YOU AND YOUR WIFE TRAVELED FROM EL PASO, TEXAS, TO CHICAGO, ILLINOIS, BY PRIVATELY OWNED AUTOMOBILE. PARAGRAPH 10, WILLIAM BEAUMONT ARMY HOSPITAL SPECIAL ORDERS NO. 196, DATED AUGUST 20, 1952, YOU WERE DISCHARGED ON THAT DATE, IT BEING STATED THEREIN THAT YOUR LAST DUTY STATION WAS FORT BLISS, TEXAS; THAT YOUR HOME OF RECORD WAS 7305 AVENUE I, HOUSTON, TEXAS, AND THAT YOUR MAILING ADDRESS WOULD BE 8009 SOUTH HOUSTON AVENUE, CHICAGO, ILLINOIS. YOU WERE PAID $49.92 AS TRAVEL ALLOWANCE FROM WILLIAM BEAUMONT ARMY HOSPITAL, TO HOUSTON, TEXAS, AND $49.32 AS REIMBURSEMENT FOR YOUR WIFE'S TRAVEL BASED ON THE DISTANCE FROM EL PASO, TEXAS, TO HOUSTON, TEXAS. SUBSEQUENTLY, YOU WERE PAID AN ADDITIONAL ALLOWANCE FOR YOUR TRAVEL IN THE AMOUNT OF $33.84 (VOUCHER NO. 16613, MARCH 1953 ACCOUNTS OF CAPTAIN C. L. CARDWELL) BASED ON THE DISTANCE TO CHICAGO, ILLINOIS. IT APPEARS FROM YOUR WIFE'S LETTERS THAT A FURTHER EXPLANATION IS DESIRED AS TO WHY MILEAGE WAS PAID FOR YOUR TRAVEL TO CHICAGO AND NOT FOR HER TRAVEL; THAT SHE BELIEVES CHICAGO IS YOUR HOME OF RECORD, AND THAT SHE WAS ADVISED BY HEADQUARTERS FIFTH ARMY THAT ALLOWANCE OF YOUR CLAIM FOR HER TRAVEL TO CHICAGO IS AUTHORIZED BY PARAGRAPH 35A(1)(2B(2), SPECIAL REGULATIONS 600-450-5, WHICH SHE REQUESTS BE FURNISHED IN QUOTATION FORM.

THE MATERIAL PART OF SAID PARAGRAPH 35, SPECIAL REGULATIONS 600-450 5, CHANGE 1, JANUARY 29, 1952, IS AS FOLLOWS:

"UPON COMPLETION OF THE PROCEEDINGS OF A PHYSICAL EVALUATION BOARD, MEMBERS FOUND MEDICALLY UNFIT WILL BE RETAINED UNDER MEDICAL JURISDICTION PENDING ACTION OF THE SECRETARY OF THE ARMY.

"A. (1) A MEMBER WHOSE MEDICAL CONDITION DOES NOT PRECLUDE RELEASE FROM THE HOSPITAL MAY BE ORDERED ON PERMANENT CHANGE OF STATION TO HIS HOME WHILE AWAITING FURTHER ORDERS AND DISPOSITION BY THE SECRETARY OF THE ARMY. THE TERM 'HOME' AS USED HEREIN IS THAT PLACE PREVIOUSLY DESIGNATED AS THE HOME OF RECORD AT THE TIME OF LATEST ENTRY ON ACTIVE DUTY, THE PLACE OF INDUCTION, THE PLACE OF ENTRY INTO THE SERVICE, OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. NO ADVANCE OF TRAVEL ALLOWANCES AS AUTHORIZED UNDER PROVISIONS OF SR 35-3100-3 WILL BE MADE UNDER THESE CIRCUMSTANCES.

(2) A MEMBER QUALIFIED AS STATED IN (1) ABOVE WHO DOES NOT DESIRE PERMANENT CHANGE OF STATION MAY BE PLACED WITH HIS CONSENT, AND WITHOUT EXPENSE TO THE GOVERNMENT, ON DETACHED SERVICE AT SUCH PLACE AS HE MAY SELECT, OTHER THAN A MILITARY ORGANIZATION.

(3) A MEMBER QUALIFIED AS STATED IN (1) ABOVE WHO DOES NOT DESIRE TO BE PLACED ON PERMANENT CHANGE OF STATION OR DETACHED SERVICE AS INDICATED IN (1) OR (2) ABOVE WILL CONTINUE TO BE ASSIGNED TO THE MEDICAL HOLDING DETACHMENT AND WILL BE PLACED ON DETACHED SERVICE WITH THE HOSPITAL DETACHMENT, OR WITH THE ARMY INSTALLATION NEAREST THE HOSPITAL, FOR THE PERFORMANCE OF SUCH DUTIES AS HIS MEDICAL CONDITION WILL ALLOW. A MEMBER IN THIS CATEGORY WILL NOT BE CHARGED AGAINST THE PERSONNEL ALLOTMENT OF THE HOSPITAL OR INSTALLATION CONCERNED.

"B. EACH MEMBER ELECTING TO BE ORDERED TO HIS HOME OF A PERMANENT CHANGE OF STATION WILL BE REQUIRED TO EXECUTE A WRITTEN STATEMENT TO BE ATTACHED TO THE PROCEEDINGS OF THE PHYSICAL EVALUATION BOARD AND FORWARDED TO THE ADJUTANT GENERAL, AT THE TIME OF TRANSMITTAL OF THE PROCEEDINGS. EACH SUCH MEMBER WILL STATE THAT HE -

(1) IS DESIROUS OF BEING ORDERED TO HIS HOME ON PERMANENT CHANGE OF STATION TO AWAIT FURTHER ORDERS AND DISPOSITION BY THE SECRETARY OF THE ARMY.

(2) UNDERSTANDS THAT IF HIS RETIREMENT OR SEPARATION IS IN FACT ACCOMPLISHED, THE TRAVEL ALLOWANCE FOR HIMSELF AND TRANSPORTATION FOR HIS DEPENDENTS AND HOUSEHOLD GOODS, WHICH ARE AFFORDED AS THE RESULT OF SUCH PERMANENT CHANGE OF STATION, ARE IN LIEU OF THE TRAVEL AND TRANSPORTATION ALLOWANCES THAT WOULD OTHERWISE HAVE ACCRUED AT THE TIME OF EVENTUAL RETIREMENT OR SEPARATION.

(3) FURTHER UNDERSTANDS THAT HE REMAINS SUBJECT TO MILITARY CONTROL AND IN THE EVENT THE SECRETARY OF THE ARMY DETERMINES THAT HE SHOULD BE RETURNED TO DUTY, UNDERGO FURTHER MEDICAL TREATMENT, OR THAT SURE OTHER CIRCUMSTANCE PRECLUDES RETIREMENT OR SEPARATION, HE WILL BE SUBJECT TO BEING ORDERED TO SUCH STATION AS MAY BE DETERMINED BY THE SECRETARY OF THE ARMY.

"C. A MEMBER ORDERED HOME ON PERMANENT CHANGE OF STATION TO AWAIT FURTHER ORDERS AND DISPOSITION BY THE SECRETARY OF THE ARMY WILL REMAIN ASSIGNED TO THE MEDICAL HOLDING DETACHMENT FOR RECORD PURPOSES ONLY. ORDERS ISSUED WILL CITE 'POS' 'TON' WITH THE APPROPRIATION AND ALLOTMENT CHARGEABLE. EDCSA WILL BE ESTABLISHED AT TIME OF RECEIPT OF FURTHER ORDERS OR DISPOSITION INSTRUCTIONS FROM THE ADJUTANT GENERAL. A COPY OF THE ORDER DIRECTING THE MEMBER TO PROCEED ON PERMANENT CHANGE OF STATION WILL BE FORWARDED TO THE ADJUTANT GENERAL AS AN ENCLOSURE TO THE PROCEEDINGS OF THE PHYSICAL EVALUATION BOARD. ***"

IT WILL BE NOTED THAT SUBPARAGRAPH A(1) AUTHORIZES A PERMANENT CHANGE OF STATION ONLY TO THE MEMBER'S "HOME." THE WORD "HOME" IS EXPRESSLY DEFINED AS "THAT PLACE PREVIOUSLY DESIGNATED AS THE HOME OF RECORD AT THE TIME OF LATEST ENTRY ON ACTIVE DUTY, THE PLACE OF INDUCTION, THE PLACE OF ENTRY INTO THE SERVICE, OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY." UNLESS CHICAGO WAS YOUR "HOME" WITHIN THAT DEFINITION, THERE WAS NO AUTHORITY UNDER THE REGULATION TO ORDER YOU THERE ON PERMANENT CHANGE OF STATION TO AWAIT THE DISPOSITION OF YOUR CASE.

IT WILL BE NOTED FURTHER, HOWEVER, THAT UNDER SUBPARAGRAPH A(2) A MEMBER WHO DOES NOT DESIRE A PERMANENT CHANGE OF STATION TO HIS "HOME", AS AUTHORIZED IN SUBPARAGRAPH A(1), MAY BE PLACED WITH HIS CONSENT "AND WITHOUT EXPENSE TO THE GOVERNMENT" ON DETACHED SERVICE AT SUCH PLACE AS HE MAY SELECT. IF CHICAGO WAS NOT YOUR "HOME" AS DEFINED IN SUBPARAGRAPH A(1), THEN THE ONLY AUTHORITY UNDER THE REGULATION TO SEND YOU THERE WAS SUBPARAGRAPH A(2), WHICH PROVIDED THAT A MEMBER COULD BE PLACED WITH HIS CONSENT ON DETACHED SERVICE AT A SELECTED PLACE "WITHOUT EXPENSE TO THE GOVERNMENT."

IN VIEW OF THE STATEMENTS MADE ON YOUR BEHALF THAT CHICAGO WAS YOUR HOME, THIS OFFICE HAS OBTAINED PHOTOSTATIC COPIES OF YOUR MILITARY RECORDS ON FILE WITH THE ARMY. THESE RECORDS SHOW THAT YOU WERE BORN IN HOUSTON, TEXAS, ON APRIL 26, 1929; THAT YOU ATTENDED GRAMMAR SCHOOL AND HIGH SCHOOL AT HOUSTON, TEXAS, UNTIL 1947; THAT YOU WERE EMPLOYED BY THE ARROW BLUEPRINT COMPANY, HOUSTON, TEXAS, FROM 1947 TO JUNE 1948; THAT YOU ENLISTED AND ENTERED ON ACTIVE DUTY IN THE REGULAR ARMY AT HOUSTON, TEXAS, AUGUST 19, 1948; AND THAT AT THE TIME OF ENLISTMENT YOU WERE SINGLE AND GAVE YOUR HOME ADDRESS AS 7305 AVENUE I, HOUSTON, TEXAS. ON THIS RECORD, THE CONCLUSION APPEARS TO BE REQUIRED THAT YOUR "HOME" AS DEFINED IN SUBPARAGRAPH A(1) OF THE REGULATION WAS HOUSTON, TEXAS.

IN YOUR LETTER OF JULY 22, 1952, TO THE COMMANDING OFFICER, WILLIAM BEAUMONT ARMY HOSPITAL, EL PASO, TEXAS, YOU MADE THE FOLLOWING REQUEST:

"IN ACCORDANCE WITH PROVISIONS OF PARA 35, C-1, SR600-450-5, THE UNDERSIGNED REQUESTS THAT HE BE ORDERED TO HIS HOME OF RECORD AT 8009 SOUTH HOUSTON AVENUE, CHICAGO, ILLINOIS ON PERMANENT CHANGE OF STATION.

NOTHING IS FOUND IN THE RECORD TO SUPPORT THIS REPRESENTATION BY YOU THAT CHICAGO WAS YOUR "HOME OF RECORD." NOR IS ANYTHING FOUND TO SUPPORT A CONCLUSION THAT CHICAGO WAS OTHERWISE YOUR "HOME" AS DEFINED IN THE CITED REGULATION. CHICAGO NOT BEING YOUR "HOME", AS SO DEFINED, THERE WAS NO AUTHORITY UNDER THE REGULATION TO ORDER YOU THERE ON PERMANENT CHANGE OF STATION OR TO PAY FOR THE TRANSPORTATION OF EITHER YOU OR YOUR WIFE TO THAT PLACE. ON THIS RECORD, THE ADDITIONAL PAYMENT OF $33.84 MADE TO YOU IN MARCH 1953 FOR YOUR OWN TRANSPORTATION TO CHICAGO, INSTEAD OF HOUSTON, WOULD APPEAR TO HAVE BEEN ERRONEOUS.

THE TERM "HOME" IN THE CASE OF PERSONNEL SEPARATED FROM THE SERVICE BY WAY OF DISCHARGE IS DEFINED IN PARAGRAPH 1150-3 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, AS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL UPON ENTERING THE SERVICE. THUS, HAD NO ACTION BEEN TAKEN IN YOUR CASE UNDER THE PROVISIONS OF THE ABOVE-QUOTED SPECIAL REGULATION 600- 450-5, THERE WOULD HAVE ACCRUED TO YOU UPON DISCHARGE A RIGHT UNDER THE SAID JOINT TRAVEL REGULATIONS TO MILEAGE FOR YOURSELF COMPUTED ON THE DISTANCE FROM FORT BLISS, TEXAS, TO HOUSTON, TEXAS, AND TO TRANSPORTATION FOR YOUR DEPENDENT FOR TRAVEL THEREAFTER PERFORMED BY HER INCIDENT TO YOUR DISCHARGE NOT TO EXCEED THE AMOUNT ALLOWABLE FOR DEPENDENT TRAVEL FROM FORT BLISS TO HOUSTON.

UNDER THE PLAIN TERMS OF THE SAID SPECIAL REGULATIONS 600-450-5, MILITARY PERSONNEL OF THE CLASS COVERED WERE PRIVILEGED TO REQUEST THAT THEY BE ORDERED ON PERMANENT CHANGE OF STATION TO THEIR HOMES (AS THERE DEFINED) IN ADVANCE OF FINAL SEPARATION FROM ACTIVE SERVICE, WHERE THEY WERE TO REMAIN UNDER MILITARY CONTROL UNTIL SO SEPARATED WHILE SUCH REGULATIONS AUTHORIZED PAYMENT OF TRAVEL ALLOWANCE AND TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS IN CONNECTION WITH SUCH PERMANENT CHANGE OF STATION ORDERS, PROVIDED THE PERSONNEL CONCERNED AGREED TO ACCEPT SUCH PAYMENT IN LIEU OF THE TRAVEL AND TRANSPORTATION ALLOWANCES THAT WOULD OTHERWISE HAVE ACCRUED AT TIME OF FINAL SEPARATION, THEY DO NOT PURPORT TO INCREASE SUCH ALLOWANCES IN ANY WAY, THE EFFECT BEING TO SAVE TO THE SEPARATED PERSONNEL SUCH ALLOWANCES AS MIGHT OTHERWISE HAVE BEEN FORFEITED BY EARLY TRAVEL TO THE HOME OF RECORD.

SINCE THE REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENT TO WHICH YOU BECAME ENTITLED UNDER APPLICABLE LAW AND REGULATIONS IN CONNECTION WITH YOUR DISCHARGE, WHETHER PAID AS INCIDENT TO ADVANCE PERMANENT CHANGE OF STATION ORDERS FROM LAST DUTY STATION TO HOME ISSUED UNDER AUTHORITY OF PARAGRAPH 35A(1), SPECIAL REGULATIONS 600-450 5, CHANGE 1, OR AS INCIDENT TO YOUR FINAL SEPARATION UNDER PARAGRAPH 10 OF SPECIAL ORDERS NO. 196, DATED AUGUST 20, 1952, WOULD BE COMPUTED ON THE BASIS OF DEPENDENT TRAVEL FROM EL PASO TO HOUSTON, THE AMOUNT DUE, WHICH IN ANY EVENT IS PAYABLE BUT ONCE, WOULD IN EITHER CASE BE THE SAME, I.E., $49.32. SUCH AMOUNT HAVING HERETOFORE BEEN PAID TO YOU NO FURTHER PAYMENT IS AUTHORIZED.

ACCORDINGLY, THE SETTLEMENT OF JULY 20, 1953, WAS CORRECT AND IS SUSTAINED.