B-117800, FEB 15, 1954

B-117800: Feb 15, 1954

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REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. THE MEMBER WAS TRANSFERRED FROM DUTY AT THE NAVAL HOSPITAL. AT WHICH TIME HIS DEPENDENTS (WIFE AND 5 YEAR OLD DAUGHTER) WERE AT PENSACOLA. HE WAS PAID $21.96 FOR TRAVEL OF HIS DEPENDENTS FROM PENSACOLA. THAT HE HAD "ELECTED" TRANSPORTATION OF HIS DEPENDENTS FROM PENSACOLA TO NEW ORLEANS AND THAT THIS WAS THE FINAL SETTLEMENT FOR TRANSPORTATION OF HIS DEPENDENTS UNDER THOSE ORDERS. ISSUED PURSUANT TO SAID STATUTE PROVIDES THAT UPON TRANSFER FROM A SHORE STATION TO A VESSEL TRANSPORTATION OF DEPENDENTS LOCATED AT THE SHORE STATION IS AUTHORIZED TO THE HOME YARD OR HOME PORT OF THE VESSEL. OR TO A PLACE OTHER THAN THE HOME YARD OR HOME PORT NOT TO EXCEED THE COST FROM THE OLD SHORE STATION TO EITHER THE HOME YARD OR HOME PORT OF THE VESSEL WHICHEVER IS THE GREATER.

B-117800, FEB 15, 1954

PRECIS-UNAVAILABLE

T. R. STURDEVANT, DISBURSING OFFICER:

BY LETTER DATED NOVEMBER 20, 1953, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED TO THIS OFFICE YOUR LETTER OF OCTOBER 1, 1953, PRESENTING VOUCHER IN FAVOR OF LIEUTENANT (JG) SIDNEY MAXWELL FORD (MC) USSR, IN THE SUM OF $179.64 FOR TRAVEL OF HIS DEPENDENTS FROM NEW ORLEANS, LOUISIANA, TO LONG BEACH, CALIFORNIA, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY ORDERS DATED AUGUST 20, 1952, THE MEMBER WAS TRANSFERRED FROM DUTY AT THE NAVAL HOSPITAL, PENSACOLA, FLORIDA, TO DUTY ABOARD THE USS LOGAN (APA 196), HOME YARD, LONG BEACH, CALIFORNIA, AT WHICH TIME HIS DEPENDENTS (WIFE AND 5 YEAR OLD DAUGHTER) WERE AT PENSACOLA. ON OCTOBER 8, 1952, HE WAS PAID $21.96 FOR TRAVEL OF HIS DEPENDENTS FROM PENSACOLA, FLORIDA, TO NEW ORLEANS, LOUISIANA, SEPTEMBER 12, 1952, BY VOUCHER 93, ACCOUNTS OF R. D. TUCKER, ON WHICH HE CERTIFIED THAT THE TRAVEL COVERED BY THE CLAIM REPRESENTED ALL THE TRAVEL TO BE PERFORMED BY HIS DEPENDENTS INCIDENT TO THE ORDERS OF AUGUST 20, 1952, WITHOUT EXCEPTION; ALSO, THAT HE HAD "ELECTED" TRANSPORTATION OF HIS DEPENDENTS FROM PENSACOLA TO NEW ORLEANS AND THAT THIS WAS THE FINAL SETTLEMENT FOR TRANSPORTATION OF HIS DEPENDENTS UNDER THOSE ORDERS. IN CONNECTION WITH HIS PRESENT VOUCHER FOR REIMBURSEMENT FOR ADDITIONAL TRAVEL OF HIS DEPENDENTS FROM NEW ORLEANS, LOUISIANA, TO LONG BEACH, CALIFORNIA, COMPLETED FEBRUARY 17, 1953, HE CONTENDS THAT HIS CERTIFICATION ON VOUCHER 93 CONCERNING EARLIER TRAVEL OF HIS DEPENDENTS UNDER THE SAME ORDERS SHOULD NOT CONSTITUTE A BAR TO THE REIMBURSEMENT NOW CLAIMED BECAUSE DISBURSING CLERKS TYPED THE CERTIFICATION ON THE VOUCHER WHICH HE DID NOT READ BEFORE SIGNING.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS OR TO REIMBURSEMENT THEREFOR. PARAGRAPH 7061, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SAID STATUTE PROVIDES THAT UPON TRANSFER FROM A SHORE STATION TO A VESSEL TRANSPORTATION OF DEPENDENTS LOCATED AT THE SHORE STATION IS AUTHORIZED TO THE HOME YARD OR HOME PORT OF THE VESSEL, OR TO A PLACE OTHER THAN THE HOME YARD OR HOME PORT NOT TO EXCEED THE COST FROM THE OLD SHORE STATION TO EITHER THE HOME YARD OR HOME PORT OF THE VESSEL WHICHEVER IS THE GREATER.

THUS, LIEUTENANT FORD WAS ENTITLED UNDER THE ORDERS OF AUGUST 20, 1952, TO TRANSPORTATION OF HIS DEPENDENTS FROM PENSACOLA, FLORIDA, TO LONG BEACH, CALIFORNIA, OR TO A SELECTED PLACE NOT TO EXCEED THE COST TO LONG BEACH. WHILE IT MAY BE THAT HE WAS NOT AWARE OF THE CERTIFICATION APPEARING ON HIS INITIAL VOUCHER WHEN SIGNED BY HIM, SINCE HE HAS CLAIMED AND HAS BEEN REIMBURSED FOR TRAVEL OF DEPENDENTS FROM HIS OLD STATION TO A SELECTED PLACE IN LIEU OF TRAVEL TO THE HOME YARD OF HIS VESSEL, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED. THE VOUCHER WILL BE RETAINED IN THIS OFFICE.