B-117546, JAN 31, 1955

B-117546: Jan 31, 1955

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SECOND ANTI-AIRCRAFT ARTILLERY BATTALION: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 7. YOU WERE TRANSFERRED TO FORT RILEY. YOU WERE RELEASED FROM ASSIGNMENT WITH THE 62D HEAVY TANK BATTALION AT FORT RILEY AND TRANSFERRED TO CAMP HOLABIRD. YOU WERE TRANSFERRED IN GRADE TO PRESIDIO OF MONTEREY. PRIOR TO COMPLETION OF THIS COURSE YOU WERE DISCHARGED TO ACCEPT A COMMISSION. YOU WERE COMMISSIONED AS AN OFFICER. FOR WHICH YOU WERE REIMBURSED IN THE SUM OF $52.72 ON VOUCHER 54072. WAS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. THAT (PARAGRAPH 4) THE WORDS "PERMANENT CHANGE OF STATION" SHALL INCLUDE AN ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A STUDENT IF THE ORDERS PROVIDE FOR A PERMANENT CHANGE OF STATION AND IF THE ASSIGNMENT IS TO BE FOR A DURATION OF FIVE MONTHS OR MORE.

B-117546, JAN 31, 1955

PRECIS-UNAVAILABLE

MAJOR THOMAS R. SNOW, JR., SECOND ANTI-AIRCRAFT ARTILLERY BATTALION:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 7, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 6, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM BALTIMORE, MARYLAND, TO MONTEREY, CALIFORNIA, JULY 18 TO 23, 1950.

THE RECORD SHOWS THAT ON NOVEMBER 22, 1949, YOU ENLISTED AS SERGEANT, FIRST CLASS, REGULAR ARMY, AT SAN ANTONIO, TEXAS, AND THAT BY PARAGRAPH 126, SPECIAL ORDERS NO. 273, DATED NOVEMBER 22, 1949, YOU WERE TRANSFERRED TO FORT RILEY, KANSAS, FOR FURTHER PROCESSING AND ASSIGNMENT. PARAGRAPH 25, SPECIAL ORDERS NO. 40, DATED FEBRUARY 20, 1950, YOU WERE RELEASED FROM ASSIGNMENT WITH THE 62D HEAVY TANK BATTALION AT FORT RILEY AND TRANSFERRED TO CAMP HOLABIRD, BALTIMORE, MARYLAND, TO PURSUE A COURSE OF INSTRUCTION PROCESSING AND ORIENTATION, AND BY PARAGRAPH 19, SPECIAL ORDERS NO. 120, DATED JUNE 21, 1950, YOU WERE TRANSFERRED IN GRADE TO PRESIDIO OF MONTEREY, CALIFORNIA, AS A PERMANENT CHANGE OF STATION, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION IN POLISH. ON AUGUST 29, 1950, PRIOR TO COMPLETION OF THIS COURSE YOU WERE DISCHARGED TO ACCEPT A COMMISSION, AND ON AUGUST 30, 1950, YOU WERE COMMISSIONED AS AN OFFICER, RECALLED TO ACTIVE DUTY AND ASSIGNED TO FORT ORD, CALIFORNIA, FOR DUTY. YOUR WIFE TRAVELED FROM MANHATTAN, KANSAS, TO BALTIMORE, MARYLAND, FEBRUARY 25 TO MARCH 2, 1950, INCIDENT TO THE ORDERS OF FEBRUARY 20, 1950, FOR WHICH YOU WERE REIMBURSED IN THE SUM OF $52.72 ON VOUCHER 54072, MARCH 1950 ACCOUNTS OF LIEUTENANT COLONEL E. KEMP.

AT THE TIME HERE INVOLVED ARMY REGULATIONS 35-4880 PROVIDED (PARAGRAPH 1) THAT WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN ABOVE THE FOURTH GRADE, HAVING DEPENDENTS AS DEFINED IN THOSE REGULATIONS, WAS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES WOULD FURNISH TRANSPORTATION IN KIND TO THE NEW STATION FOR THE DEPENDENTS, OR REIMBURSEMENT MIGHT BE AUTHORIZED IN LIEU OF TRANSPORTATION IN KIND, AND THAT (PARAGRAPH 4) THE WORDS "PERMANENT CHANGE OF STATION" SHALL INCLUDE AN ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A STUDENT IF THE ORDERS PROVIDE FOR A PERMANENT CHANGE OF STATION AND IF THE ASSIGNMENT IS TO BE FOR A DURATION OF FIVE MONTHS OR MORE.

YOUR ASSIGNMENT TO DUTY AT CAMP HOLABIRD WAS NOT A PERMANENT CHANGE OF STATION SINCE THE COURSE OF INSTRUCTION THERE WAS SCHEDULED FOR ONLY 14 WEEKS, AND YOU WERE NOT ENTITLED TO REIMBURSEMENT FOR YOUR WIFE'S TRAVEL TO THAT STATION. HOWEVER, PRESIDIO OF MONTEREY, WHERE THE COURSE OF INSTRUCTION WAS SCHEDULED FOR LONGER THAN FIVE MONTHS, DID BECOME YOUR PERMANENT STATION NOTWITHSTANDING THE CHANGE OF YOUR STATUS PRIOR TO ITS COMPLETION. THEREFORE, YOU ARE ENTITLED TO REIMBURSEMENT FOR YOUR WIFE'S TRAVEL NOT TO EXCEED THE DISTANCE FROM FORT RILEY, KANSAS, TO PRESIDIO OF MONTEREY, CALIFORNIA, $80.08 (2,002 MILES AT FOUR CENTS PER MILE) LESS THE SUM OF $52.72 PREVIOUSLY PAID YOU, OR $27.36, SETTLEMENT FOR WHICH WILL ISSUE IN DUE COURSE.