B-119424(1), JUL 22, 1954

B-119424(1): Jul 22, 1954

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RETIRED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 18. PREDICATED ON THE BELIEF THAT YOU WERE A MEMBER OF THE REGULAR ARMY NURSE CORPS AND ENTITLED TO SELECT A HOME UPON RETIREMENT. WAS ON THE BASIS THAT THE RECORD INDICATED THAT DORCHESTER. NOT FORT LAUDERDALE WAS THE PLACE SELECTED BY YOU AS HOME UPON RETIREMENT. ADDITIONAL INFORMATION WAS REQUESTED FROM YOU AND FROM THE DEPARTMENT OF THE ARMY. 1942) WHICH SHOW THAT YOU WERE A RESERVIST AND THAT YOU WERE ORDERED TO ACTIVE DUTY FROM DORCHESTER. ADVISED THIS OFFICE THAT YOU WERE APPOINTED A RESERVE NURSE. WHEN YOU WERE RETIRED AS FIRST LIEUTENANT. THAT YOUR HOME WHEN ORDERED TO ACTIVE DUTY WAS DORCHESTER. THE RECORD SHOWS THAT YOUR LAST STATION WAS LOVELL GENERAL HOSPITAL.

B-119424(1), JUL 22, 1954

PRECIS-UNAVAILABLE

FIRST LIEUTENANT LOUISE C. PETROSKE, ANGR, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 18, 1954, FORWARDED TO THIS OFFICE BY THE HONORABLE DWIGHT L. ROGERS, HOUSE OF REPRESENTATIVES, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 10, 1954, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR YOUR TRAVEL FROM BOSTON, MASSACHUSETTS, TO FORT LAUDERDALE, FLORIDA, SEPTEMBER 29, 1950, AS INCIDENT TO YOUR RETIREMENT ON MAY 31, 1946.

THE DISALLOWANCE OF YOUR CLAIM, PREDICATED ON THE BELIEF THAT YOU WERE A MEMBER OF THE REGULAR ARMY NURSE CORPS AND ENTITLED TO SELECT A HOME UPON RETIREMENT, WAS ON THE BASIS THAT THE RECORD INDICATED THAT DORCHESTER, MASSACHUSETTS, AND NOT FORT LAUDERDALE WAS THE PLACE SELECTED BY YOU AS HOME UPON RETIREMENT. HOWEVER, UPON RECEIPT OF YOUR REQUEST FOR REVIEW, ADDITIONAL INFORMATION WAS REQUESTED FROM YOU AND FROM THE DEPARTMENT OF THE ARMY. BY LETTER OF MAY 15, 1954, YOU FURNISHED YOUR ORDERS TO ACTIVE DUTY (EXTRACT COPY OF SPECIAL ORDERS NO. 186, DATED JULY 9, 1942) WHICH SHOW THAT YOU WERE A RESERVIST AND THAT YOU WERE ORDERED TO ACTIVE DUTY FROM DORCHESTER, MASSACHUSETTS. BY FIRST INDORSEMENT DATED JUNE 18, 1954, THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, ADVISED THIS OFFICE THAT YOU WERE APPOINTED A RESERVE NURSE, SECOND LIEUTENANT, ARMY NURSE CORPS, ON JULY 8, 1942; THAT YOU CONTINUED ON ACTIVE DUTY UNTIL MAY 31, 1946, WHEN YOU WERE RETIRED AS FIRST LIEUTENANT, ARMY OF THE UNITED STATES, BY REASON OF DISABILITY, AND THAT YOUR HOME WHEN ORDERED TO ACTIVE DUTY WAS DORCHESTER, MASSACHUSETTS. ALSO, THE RECORD SHOWS THAT YOUR LAST STATION WAS LOVELL GENERAL HOSPITAL, FORT DEVENS, MASSACHUSETTS, AND THAT BY SPECIAL ORDERS NO. 58, DATED MARCH 11, 1946, YOU WERE ORDERED TO PROCEED TO YOUR HOME TO AWAIT RETIREMENT.

WHILE MEMBERS OF THE REGULAR SERVICE ARE REGARDED AS NOT HAVING A HOME AS SUCH DURING THE PERIOD OF THEIR SERVICE AND, THEREFORE, ARE AUTHORIZED BY APPROPRIATE REGULATIONS TO SELECT A HOME TO WHICH THEY MAY PROCEED UPON RETIREMENT AND TO WHICH THEY ARE ENTITLED TO MILEAGE AND TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS (4 COMP. GEN. 954, 955; 30 ID. 169, 170), IT LONG HAS BEEN HELD THAT IN THE CASE OF A RESERVIST THE PLACE WHICH WAS HIS HOME AT THE TIME HE WAS ORDERED TO ACTIVE DUTY AND OFFICIALLY OF RECORD AT THAT TIME AS HIS HOME CONTINUES TO BE HIS HOME THROUGHOUT HIS ACTIVE SERVICE AND IS THE PLACE TO WHICH SUCH OFFICER IS ENTITLED TO MILEAGE AND TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS IF RELEASED FROM ACTIVE DUTY AND RETIRED. 24 COMP. GEN. 291, 294; 30 ID. 482; 31 ID. 60. FURTHER, THE RIGHT ACCORDED MEMBERS OF THE REGULAR SERVICES AT THE TIME HERE INVOLVED TO MILEAGE TO A SELECTED HOME IF SUCH HOME WAS SELECTED AND TRAVEL THERETO PERFORMED BY APRIL 27, 1953, WAS LIMITED BY REGULATIONS THEN IN EFFECT (ARMY REGULATIONS 35-4820) TO MEMBERS WHO WERE RETIRED AND DIRECTED TO PROCEED TO THEIR HOMES, IT BEING EXPRESSLY PROVIDED IN SAID REGULATIONS THAT AN OFFICER DIRECTED TO PROCEED TO HIS HOME TO AWAIT RETIREMENT, AS DISTINGUISHED FROM BEING RETIRED AND ORDERED TO HIS HOME, MUST PERFORM THE TRAVEL REQUIRED BY HIS ORDERS ON OR BEFORE THE EFFECTIVE DATE OF RETIREMENT TO BE ENTITLED TO MILEAGE.

IN VIEW OF THE FOREGOING, YOU ARE NOT IN ANY EVENT ENTITLED TO MILEAGE FOR TRAVEL PERFORMED INCIDENT TO YOUR RETIREMENT OTHER THAN THAT AUTHORIZED FOR TRAVEL FROM YOUR LAST STATION, FORT DEVENS, MASSACHUSETTS, TO DORCHESTER, MASSACHUSETTS, THE PLACE RECORDED AS YOUR HOME, AND THE PLACE TO WHICH YOU TRAVELED IN COMPLIANCE WITH THE ORDERS OF MARCH 11, 1946, AND AT WHICH YOU WERE LOCATED ON MAY 31, 1946, THE EFFECTIVE DATE OF YOUR RETIREMENT. A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.

YOUR CORRESPONDENCE INDICATES THAT THE FILING OF YOUR CLAIM WAS PROMPTED BY YOUR RECEIPT OF A CERTAIN DEPARTMENT OF THE ARMY NOTICE IN AUGUST 1952, APPROXIMATELY TWO YEARS AFTER THE TRAVEL INVOLVED WAS PERFORMED. WITH RESPECT TO THIS NOTICE, WHICH THE UNIFORMED SERVICES APPARENTLY SENT INDISCRIMINATELY TO ALL PERSONS THEN IN RECEIPT OF RETIREMENT PAY OR MONTHLY PAYMENTS IN THE NATURE OF RETIREMENT PAY, IT MAY BE SAID THAT IT DID NOT PURPORT TO CONFER A RIGHT ON THE RECIPIENTS TO MILEAGE TO A SELECTED HOME BUT WAS INTENDED ONLY TO REMIND CERTAIN RETIRED PERSONS HAVING AN EXISTING RIGHT TO SELECT A HOME AND PERFORM TRAVEL THERETO AT PUBLIC EXPENSE THAT UNLESS SUCH RIGHT WAS EXERCISED BY APRIL 27, 1953, IT WOULD BE LOST TO THEM.