B-121874, DEC 22, 1954

B-121874: Dec 22, 1954

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

AUS: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22. BY WHICH YOU WERE ALLOWED $27.88 AS REIMBURSEMENT FOR YOUR WIFE'S TRAVEL INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY. YOU WERE RELEASED FROM OBSERVATION AND TREATMENT AT THAT HOSPITAL AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD. IT WAS STATED IN THE ORDERS THAT YOUR LAST PERMANENT DUTY STATION WAS AGF REPLACEMENT DEPOT 1. THE AMOUNT ALLOWED BY THE SETTLEMENT WAS BASED ON THE DISTANCE FROM YOUR LAST PERMANENT STATION. YOU WERE ADVISED THAT. IN THE ABSENCE OF ORDERS ESTABLISHING THAT YOUR TRANSFER TO LETTERMAN GENERAL HOSPITAL WAS A PERMANENT CHANGE OF STATION. THERE WAS NO AUTHORITY FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM THAT CITY AND THAT THERE WAS NO AUTHORITY FOR REIMBURSEMENT FOR HER TRAVEL TO A SELECTED HOME AT A GREATER DISTANCE FROM YOUR STATION THAT YOUR HOME OF RECORD.

B-121874, DEC 22, 1954

PRECIS-UNAVAILABLE

CARL P. GEARHART, AUS:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22, 1954, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 17, 1953, BY WHICH YOU WERE ALLOWED $27.88 AS REIMBURSEMENT FOR YOUR WIFE'S TRAVEL INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 73, LETTERMAN GENERAL HOSPITAL, SAN FRANCISCO, CALIFORNIA, DATED APRIL 9, 1947, HAVING BEEN FOUND INCAPACITATED FOR FURTHER ACTIVE DUTY BY ARMY RETIRING BOARD, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, YOU WERE RELEASED FROM OBSERVATION AND TREATMENT AT THAT HOSPITAL AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD, FORT KNOX, KENTUCKY. IT WAS STATED IN THE ORDERS THAT YOUR LAST PERMANENT DUTY STATION WAS AGF REPLACEMENT DEPOT 1, CAMP PICKETT, VIRGINIA. YOUR WIFE TRAVELED FROM SAN FRANCISCO, CALIFORNIA, TO TAMPA, FLORIDA, BY RAIL, APRIL 9 TO AUGUST 12, 1947. THE AMOUNT ALLOWED BY THE SETTLEMENT WAS BASED ON THE DISTANCE FROM YOUR LAST PERMANENT STATION, CAMP PICKETT, VIRGINIA, TO YOUR HOME OF RECORD, FORT KNOX, KENTUCKY. BY OFFICE LETTER OF SEPTEMBER 7, 1954, YOU WERE ADVISED THAT, IN THE ABSENCE OF ORDERS ESTABLISHING THAT YOUR TRANSFER TO LETTERMAN GENERAL HOSPITAL WAS A PERMANENT CHANGE OF STATION, THERE WAS NO AUTHORITY FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM THAT CITY AND THAT THERE WAS NO AUTHORITY FOR REIMBURSEMENT FOR HER TRAVEL TO A SELECTED HOME AT A GREATER DISTANCE FROM YOUR STATION THAT YOUR HOME OF RECORD. YOU NOW HAVE FURNISHED EVIDENCE SHOWING (1) THAT BY PARAGRAPH 1, SPECIAL ORDERS NO. 47, DATED MARCH 7, 1946, YOU WERE RELEASED FROM OBSERVATION AND TREATMENT AT ASF REGIONAL HOSPITAL, CAMP LEE, VIRGINIA, AND WERE TO BE RELIEVED FROM ACTIVE DUTY BY REASON OF PHYSICAL DISABILITY EFFECTIVE JUNE 27, 1946; (2) THAT BY LETTER OF APRIL 12, 1946, THE SURGEON GENERAL ADVISED THE ARMY RETIRING BOARD, CAMP LEE, VIRGINIA, THAT HE DID NOT CONCUR IN THE FINDING OF THE BOARD THAT YOU WERE PERMANENTLY INCAPACITATED FOR ACTIVE DUTY AND RECOMMENDED THAT YOU BE HOSPITALIZED AT LETTERMAN GENERAL HOSPITAL; AND (3) THAT BY LETTER OF APRIL 26, 1946, ADDRESSED TO YOU AT YOUR LEAVE ADDRESS, HAMILTON FIELD, CALIFORNIA, THE ARMY RETIRING BOARD, CAMP LEE, ADVISED YOU TO CONTACT THE COMMANDING OFFICER, LETTERMAN GENERAL HOSPITAL, FOR ADMITTANCE. ON THE BASIS OF THAT EVIDENCE YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM SAN FRANCISCO TO FORT KNOX, LESS THE AMOUNT ALLOWED BY THE SETTLEMENT.

AT THE TIME HERE INVOLVED THERE WAS NO LAW OR REGULATION DESIGNATING THE TRANSFER OF SERVICE PERSONNEL FROM A STATION IN THE UNITED STATES TO A HOSPITAL IN THE UNITED STATES, OR FROM ONE HOSPITAL TO ANOTHER IN THE UNITED STATES, A PERMANENT CHANGE OF STATION FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS. HENCE, IT CONSISTENTLY WAS HELD THAT THERE WAS NO AUTHORITY FOR TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UNDER SUCH CIRCUMSTANCES. 17 COMP. GEN. 133, AND 20 ID. 312. THE FIRST REGULATION AUTHORIZING TRANSPORTATION OF DEPENDENTS UPON TRANSFER FROM A STATION (OR HOSPITAL) IN THE UNITED STATES TO A HOSPITAL IN THE UNITED STATES, AND FROM THE HOSPITAL TO SOME OTHER POINT UPON RELEASE, WAS WAR DEPARTMENT CIRCULAR 167, DATED JUNE 26, 1947. SINCE THAT CIRCULAR WAS ISSUED MORE THAN A YEAR AFTER YOU WERE TRANSFERRED TO LETTERMAN GENERAL HOSPITAL AND SEVERAL MONTHS AFTER YOU WERE RELEASED FROM THAT HOSPITAL, IT HAS NO APPLICATION IN YOUR CASE. HENCE, THERE IS NO AUTHORITY FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FOR ANY GREATER DISTANCE THAN FROM YOUR LAST PERMANENT STATION, CAMP PICKETT, VIRGINIA, TO YOUR HOME OF RECORD. ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 17, 1953, WAS CORRECT AND IS SUSTAINED.

THE LETTER TO YOU IN THE NATURE OF ORDERS FROM THE ARMY RETIRING BOARD, CAMP LEE, VIRGINIA, DATED APRIL 26, 1946, AND THE ENCLOSURES (TWO EXPLANATORY LETTERS DATED APRIL 12, 1946), ARE RETURNED HEREWITH AS REQUESTED, COPIES HAVING BEEN MADE FOR THE FILES OF THIS OFFICE.