B-117430, MAR 19, 1954

B-117430: Mar 19, 1954

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REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. LIEUTENANT COLONEL DUNN WAS TRANSFERRED FROM BROOKLYN. IT HAVING BEEN DETERMINED THAT THE MEMBER WAS UNFIT FOR DUTY BY REASON OF PHYSICAL DISABILITY. HE WAS RETIRED FROM ACTIVE SERVICE. IT IS STATED THAT HE AND HIS WIFE TRAVELED FROM FORT DEVENS. IT WAS HELD THAT A RESERVIST MAY NOT SELECT A HOME FOR TRAVEL AND TRANSPORTATION PURPOSES UPON RETIREMENT AND THAT IN THE PRESENT CASE THE MEMBER HAD A COMBINATION OF REGULAR AND RESERVE SERVICE. AFTER YOUR REQUEST FOR DECISION WAS RECEIVED. THERE WAS RECEIVED FROM THE SECRETARY OF DEFENSE A REQUEST FOR RECONSIDERATION OF THE SAID DECISION OF SEPTEMBER 21. DECISION ON YOUR REQUEST WAS WITHHELD UNTIL SUCH TIME AS A REVIEW OF THE QUESTION.

B-117430, MAR 19, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL JAMES H. COMINGS, FC, U. S. ARMY:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY FIRST INDORSEMENT OF OCTOBER 15, 1953, YOUR LETTER DATED OCTOBER 14, 1953, TRANSMITTING VOUCHERS IN FAVOR OF LIEUTENANT COLONEL ALBERT A. DUNN, A.U.S. (0157531) RETIRED, FOR MILEAGE FOR HIS TRAVEL AND REIMBURSEMENT FOR HIS WIFE'S TRAVEL FROM FORT DEVENS, MASSACHUSETTS, TO KEY WEST, FLORIDA, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY PARAGRAPH 10, SPECIAL ORDERS NO. 33, DATED FEBRUARY 16, 1950, LIEUTENANT COLONEL DUNN WAS TRANSFERRED FROM BROOKLYN, NEW YORK, TO FORT DEVENS, MASSACHUSETTS, FOR DUTY. BY PARAGRAPH 39, SPECIAL ORDERS NO. 210, DATED OCTOBER 20, 1952, IT HAVING BEEN DETERMINED THAT THE MEMBER WAS UNFIT FOR DUTY BY REASON OF PHYSICAL DISABILITY, HE WAS RETIRED FROM ACTIVE SERVICE, OCTOBER 31, 1952, PURSUANT TO SECTIONS 402 AND 409 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 816, 823, AND DIRECTED TO PROCEED TO HIS HOME. IT IS STATED THAT HE AND HIS WIFE TRAVELED FROM FORT DEVENS, MASSACHUSETTS, TO KEY WEST, FLORIDA, NOVEMBER 1, 1952, TO AUGUST 1, 1953, BY PRIVATELY OWNED AUTOMOBILE. THE MEMBER, IN PRESENTING HIS CLAIM, REFERS TO KEY WEST AS THE PLACE SELECTED BY HIM AS HIS HOME UPON RETIREMENT. YOUR QUESTION AS TO THE PROPRIETY OF PAYMENT ARISES FROM THE FACT THAT IN DECISION OF SEPTEMBER 21, 1953, B-116568, IT WAS HELD THAT A RESERVIST MAY NOT SELECT A HOME FOR TRAVEL AND TRANSPORTATION PURPOSES UPON RETIREMENT AND THAT IN THE PRESENT CASE THE MEMBER HAD A COMBINATION OF REGULAR AND RESERVE SERVICE. AFTER YOUR REQUEST FOR DECISION WAS RECEIVED, THERE WAS RECEIVED FROM THE SECRETARY OF DEFENSE A REQUEST FOR RECONSIDERATION OF THE SAID DECISION OF SEPTEMBER 21, 1953, AND DECISION ON YOUR REQUEST WAS WITHHELD UNTIL SUCH TIME AS A REVIEW OF THE QUESTION, GIVING CONSIDERATION TO THE VIEWS OF THE SECRETARY OF DEFENSE, COULD BE COMPLETED. BY DECISION DATED MARCH 10, 1954, THE SECRETARY OF DEFENSE WAS ADVISED THAT THIS OFFICE FOUND NO SUFFICIENT LEGAL BASIS TO MODIFY THE PRIOR DECISION. CONSIDERATION WAS GIVEN IN THE LATTER DECISION TO THE SPECIFIC SITUATION INVOLVED IN YOUR REQUEST; THAT IS, THE CASE OF A RESERVIST WHOSE SERVICE HAS BEEN CONTINUOUS AND INCLUDED A LONG PERIOD OF SERVICE IN THE REGULAR ARMY PRIOR TO HIS RESERVE SERVICE. ON THE BASIS OF THAT DECISION, COPY ENCLOSED, PAYMENT TO COLONEL DUNN OF MILEAGE FOR HIMSELF AND TRANSPORTATION OF HIS DEPENDENT TO A SELECTED HOME IS NOT AUTHORIZED. HOWEVER, SINCE IT APPEARS THAT HIS HOME OF RECORD IS NEW YORK CITY, HE MAY BE PAID SUCH MILEAGE AND TRANSPORTATION FROM HIS LAST STATION TO THAT POINT, IF SUCH PAYMENTS ARE OTHERWISE AUTHORIZED.

THE VOUCHERS AND SUPPORTING PAPERS ARE RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.