B-121074, OCT 18, 1954

B-121074: Oct 18, 1954

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DYKEMAN: REFERENCE IS MADE TO YOUR LETTER OF MARCH 7. THE RECORD SHOWS THAT YOU WERE RETIRED EFFECTIVE MAY 31. THAT IN PRESENTING YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND THREE CHILDREN) YOU CERTIFIED THAT ON THE EFFECTIVE DATE OF YOUR RETIREMENT ORDERS THE CHILDREN WERE 13. THE AMOUNT ALLOWED BY THE SETTLEMENT ($74.55) WAS COMPUTED ON THE BASIS OF MILEAGE AT THE RATE OF FIVE CENTS PER MILE FOR YOUR TRAVEL ($24.85). REIMBURSEMENT FOR THE THIRD DAUGHTER'S TRAVEL WAS DENIED FOR THE REASON THAT SHE WAS LESS THAN 5 YEARS OF AGE ON THE EFFECTIVE DATE OF YOUR ORDERS. YOU SUGGEST THAT THE AMOUNT IS IN ERROR AND STATE THAT THE CHILDRENS' AGES SHOWN IN YOUR CLAIM WERE THE AGES AT THE TIME THE TRAVEL WAS PERFORMED AND THAT THEIR AGES SHOULD BE SHOWN AS 15.

B-121074, OCT 18, 1954

PRECIS-UNAVAILABLE

CARL F. DYKEMAN:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 7, 1954, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 16, 1954, WHICH ALLOWED $74.55 AS MILEAGE FOR YOUR TRAVEL AND REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM ENCINO, CALIFORNIA, TO SOUTH SAN FRANCISCO, CALIFORNIA, INCIDENT TO YOUR RETIREMENT AS MASTER SERGEANT, UNITED STATES ARMY.

THE RECORD SHOWS THAT YOU WERE RETIRED EFFECTIVE MAY 31, 1949, BY PARAGRAPH 75, SPECIAL ORDERS NO. 94, DATED MAY 16, 1949; THAT YOU AND YOUR DEPENDENTS TRAVELED FROM ENCINO TO SOUTH SAN FRANCISCO BY PRIVATELY OWNED AUTOMOBILE DECEMBER 18 TO 19, 1949, AND THAT IN PRESENTING YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND THREE CHILDREN) YOU CERTIFIED THAT ON THE EFFECTIVE DATE OF YOUR RETIREMENT ORDERS THE CHILDREN WERE 13, 6 AND 4 YEARS OF AGE, RESPECTIVELY. THE AMOUNT ALLOWED BY THE SETTLEMENT ($74.55) WAS COMPUTED ON THE BASIS OF MILEAGE AT THE RATE OF FIVE CENTS PER MILE FOR YOUR TRAVEL ($24.85); REIMBURSEMENT FOR TRAVEL OF YOUR WIFE AND 13 YEAR OLD DAUGHTER AT FOUR CENTS PER MILE EACH ($39.76), AND FOR THE 6 YEAR OLD DAUGHTER AT TWO CENTS PER MILE ($9.94). REIMBURSEMENT FOR THE THIRD DAUGHTER'S TRAVEL WAS DENIED FOR THE REASON THAT SHE WAS LESS THAN 5 YEARS OF AGE ON THE EFFECTIVE DATE OF YOUR ORDERS. YOU SUGGEST THAT THE AMOUNT IS IN ERROR AND STATE THAT THE CHILDRENS' AGES SHOWN IN YOUR CLAIM WERE THE AGES AT THE TIME THE TRAVEL WAS PERFORMED AND THAT THEIR AGES SHOULD BE SHOWN AS 15, 8 AND 6 YEARS, RESPECTIVELY, THUS PERMITTING REIMBURSEMENT FOR THE YOUNGEST CHILD'S TRAVEL.

ON THE EFFECTIVE DATE OF YOUR ORDERS REIMBURSEMENT FOR TRAVEL OF DEPENDENTS WAS GOVERNED BY THE ACT OF APRIL 27, 1946, 60 STAT. 126, 127, WHICH PROVIDES THAT REIMBURSEMENT FOR TRAVEL OF DEPENDENTS MAY BE AUTHORIZED AT THE RATE OF FOUR CENTS PER MILE FOR DEPENDENTS 12 YEARS OF AGE OR OVER, AND TWO CENTS PER MILE FOR DEPENDENTS UNDER 12 YEARS OF AGE TO INCLUDE DEPENDENTS 5 YEARS OF AGE AND OVER, PROVIDED THAT NO PAYMENT WILL BE MADE FOR DEPENDENTS LESS THAN 5 YEARS OF AGE. IT CONSISTENTLY HAS BEEN HELD THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS ACCRUES AND BECOMES FINAL ON THE EFFECTIVE DATE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION, INCLUDING THE CHANGE FROM LAST STATION TO HOME, AND THAT WHERE TRAVEL IS NOT PERFORMED UNTIL AFTER THE CHILD BECOMES 5 YEARS OF AGE, THE COST OF THE TRAVEL MUST BE BORNE BY THE SERVICEMAN CONCERNED. 9 COMP. GEN. 439, 31 ID. 433. SINCE THE RECORD ESTABLISHES THAT YOUR YOUNGEST CHILD WAS LESS THAN 5 YEARS OF AGE ON THE EFFECTIVE DATE OF YOUR ORDERS, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT FOR HER TRAVEL.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 16, 1954, WAS CORRECT AND IS SUSTAINED.