B-119864, SEP 10, 1954

B-119864: Sep 10, 1954

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TRANSMITTING TWO VOUCHERS STATED IN FAVOR OF FIRST LIEUTENANT STANLEY RUTKOSKI FOR FOR REIMBURSEMENT FOR HIS WIFE'S TRAVEL AND REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED. THE CLAIMANT WAS RELEASED FROM ASSIGNMENT AT ZWEIBRUCKEN. HE WAS REASSIGNED TO TRANSFER STATION. HE WAS FURTHER TRANSFERRED TO FORT BEVENS. HE WAS RELEASED FROM ACTIVE DUTY EFFECTIVE JANUARY 17. HE REENLISTED AS MASTER SERGEANT THE NEXT DAY AT THE SAME STATION AND WAS TRANSFERRED TO PROVIDENCE. YOU QUESTION WHETHER CLAIMANT IS ENTITLED TO REIMBURSEMENT AS COVERED BY EACH VOUCHER INCIDENT TO DISCHARGE AND REENLISTMENT OR WHETHER REIMBURSEMENT SHOULD BE LIMITED TO TRAVEL DIRECTLY FROM FORT HAMILTON TO PROVIDENCE.

B-119864, SEP 10, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL JOHN A. TOWNLEY, DEPT. OF THE ARMY:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY FIRST INDORSEMENT DATED 26, 1954, YOUR LETTER OF MARCH 29, 1954, TRANSMITTING TWO VOUCHERS STATED IN FAVOR OF FIRST LIEUTENANT STANLEY RUTKOSKI FOR FOR REIMBURSEMENT FOR HIS WIFE'S TRAVEL AND REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED.

BY ORDERS DATED OCTOBER 20, 1953, THE CLAIMANT WAS RELEASED FROM ASSIGNMENT AT ZWEIBRUCKEN, GERMANY, AND ASSIGNED TO FORT BEVENS, MASSACHUSETTS, FOR THE PURPOSE OF INVOLUNTARY RELEASE FROM ACTIVE DUTY. THE ORDERS AUTHORIZED THE CONCURRENT MOVEMENT OF HIS WIFE TO THE UNITED STATES. BOTH ENTERED THE UNITED STATES AT FORT HAMILTON, NEW YORK. PARAGRAPH 11, FORT HAMILTON SPECIAL ORDERS NO. 278, DATED NOVEMBER 24, 1953, HE WAS REASSIGNED TO TRANSFER STATION, FORT JAY, NEW YORK, NEW YORK. BY PARAGRAPH 12, SPECIAL ORDERS NO. 238, DATED DECEMBER 2, 1953, HE WAS FURTHER TRANSFERRED TO FORT BEVENS, MASSACHUSETTS, WHERE BY PARAGRAPH 10, SPECIAL ORDERS NO. 254, DATED DECEMBER 8, 1953, HE WAS RELEASED FROM ACTIVE DUTY EFFECTIVE JANUARY 17, 1954. HE REENLISTED AS MASTER SERGEANT THE NEXT DAY AT THE SAME STATION AND WAS TRANSFERRED TO PROVIDENCE, RHODE ISLAND. THE FIRST VOUCHER COVERS REIMBURSEMENT FOR HIS WIFE'S TRAVEL FROM FORT HAMILTON, NEW YORK, TO HARVARD, MASSACHUSETTS, DECEMBER 3 AND 4, 1953, NOT TO EXCEED FROM NEW YORK, NEW YORK, TO HOME, NANTLCOKE, PENNSYLVANIA. THE SECOND COVERS REIMBURSEMENT FOR HER TRAVEL FROM HARVARD, MASSACHUSETTS, TO PROVIDENCES, RHODE ISLAND, JANUARY 19, 1954.

YOU QUESTION WHETHER CLAIMANT IS ENTITLED TO REIMBURSEMENT AS COVERED BY EACH VOUCHER INCIDENT TO DISCHARGE AND REENLISTMENT OR WHETHER REIMBURSEMENT SHOULD BE LIMITED TO TRAVEL DIRECTLY FROM FORT HAMILTON TO PROVIDENCE. IN THIS CONNECTION YOU STATE THAT WHILE NO MENTION WAS MADE IN THE RELEASE FROM ACTIVE DUTY ORDERS OF DISCHARGE FOR THE PURPOSE OF REENLISTMENT, ENLISTMENT WAS ACCOMPLISHED THE DAY FOLLOWING RELIEF FROM ACTIVE DUTY, AND THAT HIS WIFE TRAVELED FROM FORT HAMILTON TO HARVARD TO ESTABLISH RESIDENCE.

JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDE (PARAGRAPH 3003-1) THAT A PERMANENT CHANGE OF STATION SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, OR ENLISTMENT, AND FROM LAST STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY. HOWEVER, THE AUTHORITY FOR TRANSPORTING DEPENDENTS CONTAINED IN THE CAREER COMPENSATION ACT IS LIMITED, EXCEPT UNDER CERTAIN SPECIFIC CONDITIONS, TO CASES IN WHICH THE MEMBER IS "ORDERED TO MAKE A CHANGE OF PERMANENT STATION," AND THERE IS NOTHING IN ITS LEGISLATIVE HISTORY TO INDICATE THAT IT WAS INTENDED TO BE ANYTHING MORE THAN SUBSTANTIALLY A REENACTMENT OF PRIOR LEGISLATION. SINCE THE TRANSPORTATION OF DEPENDENTS INCIDENT TO THE CHANGE FROM HOME TO DUTY STATION AND FROM LAST STATION TO HOME IS AUTHORIZED ON THE SAME BASIS AS IN THE CASE OF A CHANGE OF PERMANENT DUTY STATION, IT FOLLOWS THAT SUCH TRANSPORTATION IS SUBJECT TO THE SAME LIMITATIONS. WHERE A MEMBER IS DISCHARGED AND REENLISTS UNDER CIRCUMSTANCES WHICH PERMIT HIS SERVICE TO BE REGARDED AS CONTINUOUS, HIS RIGHT TO TRANSPORTATION OF DEPENDENTS CONTINUES ON THE SAME BASIS AS THOUGH HE HAD NOT BEEN DISCHARGED. SEE 8 COMP. GEN. 76. COMPARE 29 ID. 4.

SINCE LIEUTENANT RUTKOSKI REENLISTED AS MASTER SERGEANT IMMEDIATELY UPON RELEASE FROM ACTIVE DUTY AND WAS ASSIGNED TO NEW PERMANENT STATION AT PROVIDENCE, RHODE ISLAND, REIMBURSEMENT FOR HIS WIFE'S TRAVEL MUST BE LIMITED TO THE DISTANCE FROM THE PORT TO THE NEW STATION. B-94656, NOVEMBER 17, 1950. COMPARE 33 COMP. GEN. 131, ID. 136 B-119374, AUGUST 5, 1954.

THE VOUCHERS AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT BEING AUTHORIZED TO THE EXTENT INDICATED ABOVE.