B-122408, APR 25, 1955

B-122408: Apr 25, 1955

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TORGERSON: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 4. YOUR CLAIM WAS DISALLOWED BECAUSE AN OFFICER PATIENT AT AN ARMY HOSPITAL IS NOT ENTITLED. TO TRANSPORTATION OF DEPENDENTS TO OR FROM THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED UNLESS THE COMMANDING OFFICER OF THE HOSPITAL CONTEMPORANEOUSLY CERTIFIES THAT THE PERIOD OF TREATMENT THERE CAN BE EXPECTED TO BE PROLONGED. WHICH WAS NOT DONE IN YOUR CASE. YOU WERE DETACHED FROM PERMANENT STATION IN THE FAR EAST. YOU WERE RELIEVED FROM DETACHMENT OF PATIENTS. CONSISTENTLY HAS BEEN HELD THAT THE HOSPITAL TO WHICH AN OFFICER IS ASSIGNED AS A PATIENT DOES NOT BECOME HIS NEW PERMANENT STATION. 17 COMP. WAS A DETACHMENT FROM.

B-122408, APR 25, 1955

PRECIS-UNAVAILABLE

CAPTAIN ALLAN C. TORGERSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 4, 1954, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 30, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM PHOENIXVILLE, PENNSYLVANIA, TO OWATONNA, MINNESOTA, DURING THE PERIOD JULY 23 TO 25, 1948.

YOUR CLAIM WAS DISALLOWED BECAUSE AN OFFICER PATIENT AT AN ARMY HOSPITAL IS NOT ENTITLED, UNDER APPLICABLE REGULATIONS, TO TRANSPORTATION OF DEPENDENTS TO OR FROM THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED UNLESS THE COMMANDING OFFICER OF THE HOSPITAL CONTEMPORANEOUSLY CERTIFIES THAT THE PERIOD OF TREATMENT THERE CAN BE EXPECTED TO BE PROLONGED, WHICH WAS NOT DONE IN YOUR CASE. YOU NOW CONTEND THAT YOUR CLAIM SHOULD BE ALLOWED ON THE BASIS THAT THE ORDERS OF JUNE 14, 1948, EFFECTED A CHANGE OF PERMANENT STATION FROM VALLEY FORGE GENERAL HOSPITAL, PHOENIXVILLE, PENNSYLVANIA, TO FAR EAST COMMAND, KOREA.

BY EVACUATION ORDERS NO. 32, APO 1054, MARCH 5, 1948, AND SPECIAL ORDERS NO. 50, FAIRFIELD-SUISUN AIR FORCE BASE, CALIFORNIA, MARCH 19, 1948, YOU WERE DETACHED FROM PERMANENT STATION IN THE FAR EAST, RELIEVED FROM ASSIGNMENT DETACHMENT OF PATIENTS, 34TH GENERAL HOSPITAL, APO 1054, AND ASSIGNED TO DETACHMENT OF PATIENTS, VALLEY FORGE GENERAL HOSPITAL, PHOENIXVILLE, PENNSYLVANIA, FOR FURTHER OBSERVATION AND TREATMENT. SPECIAL ORDERS NO. 119, DEPARTMENT OF THE ARMY, WASHINGTON, D. C., DATED JUNE 14, 1948, YOU WERE RELIEVED FROM DETACHMENT OF PATIENTS, VALLEY FORGE GENERAL HOSPITAL, AND ORDERED TO THE FAR EAST COMMAND, KOREA. CONSISTENTLY HAS BEEN HELD THAT THE HOSPITAL TO WHICH AN OFFICER IS ASSIGNED AS A PATIENT DOES NOT BECOME HIS NEW PERMANENT STATION. 17 COMP. GEN. 133; 20 ID. 312. THE EFFECT OF THE ORDERS TRANSFERRING YOU FROM THE FAR EAST TO VALLEY FORGE GENERAL HOSPITAL FOR TREATMENT, AND RETURNING YOU TO KOREA UPON YOUR RELEASE FROM THE HOSPITAL, WAS A DETACHMENT FROM, AND REASSIGNMENT TO, PERMANENT STATIONS IN THE FAR EAST COMMAND INITIATED BY THE ORDERS OF MARCH 5, 1948, AND COMPLETED BY THE ORDERS OF JUNE 14, 1948. HENCE, THE RIGHT TO DEPENDENT TRAVEL WHICH ACCRUED TO YOU INCIDENT TO THESE ORDERS WAS LIMITED TO TRANSPORTATION OF YOUR DEPENDENT BY WAY OF THE APPROPRIATE PORT OF EMBARKATION FROM THE PLACE WHERE SHE WAS LOCATED ON THE EFFECTIVE DATE OF THE ORDERS OF MARCH 5, 1948, TO THE STATION TO WHICH YOU WERE ASSIGNED UNDER THE ORDERS OF JUNE 14, 1948. THE RECORD INDICATES THAT SUCH TRANSPORTATION FOR YOUR DEPENDENT WAS FURNISHED YOU. ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 30, 1954, IS SUSTAINED.