B-123521, JUL. 27, 1955

B-123521, JUL. 27, 1955

TO FIRST LIEUTENANT PAUL G. RADTKE, USMC:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 3, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 16, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRAVEL OF YOUR DEPENDENTS FROM SAN CLEMENTE, CALIFORNIA, TO MINNEAPOLIS, MINNESOTA, DURING THE PERIOD APRIL 30 TO MAY 6, 1954. THE SETTLEMENT ALSO REQUESTED YOU TO REMIT THE SUM OF $135.18 WHICH HAD BEEN PAID YOU AS REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM MINNEAPOLIS, MINNESOTA, TO SAN CLEMENTE, CALIFORNIA, DURING THE PERIOD NOVEMBER 3 TO 10, 1953.

BY HEADQUARTERS MARINE CORPS ORDERS DATED FEBRUARY 3, 1953, YOU WERE DETACHED FROM DUTY AT QUANTICO, VIRGINIA, AND DIRECTED TO PROCEED TO FORT KNOX, KENTUCKY, FOR TEMPORARY DUTY, UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO CAMP PENDLETON, CALIFORNIA, FOR FURTHER TRANSPORTATION "BEYOND THE SEAS" DURING OCTOBER 1953. YOUR WIFE TRAVELED FROM FREDERICKSBURG, VIRGINIA, TO MINNEAPOLIS, MINNESOTA, A DESIGNATED LOCATION, BETWEEN THE DATES FEBRUARY 22 TO JULY 11, 1953. YOU HAVE BEEN PAID THE ALLOWANCE AUTHORIZED FOR THAT TRAVEL. BY PARAGRAPH 1, CAMP PENDLETON REGIMENTAL SPECIAL ORDER NO. 245-53, DATED SEPTEMBER 28, 1953, CAMP PENDLETON WAS DESIGNATED AS YOUR PERMANENT STATION. BY DISPATCH DATED OCTOBER 24, 1953, THE COMMANDANT OF THE MARINE CORPS ADVISED THE COMMANDING GENERAL, FLEET MARINE FORCE, PACIFIC TROOPS, CAMP PENDLETON, THAT CERTAIN PERSONNEL, INCLUDING YOU, WERE TO BE ISSUED ORDERS TO DUTY OVERSEAS AS PART OF THE DECEMBER REPLACEMENT DRAFT. THE COMMANDING GENERAL, FLEET MARINE FORCE, PACIFIC TROOPS, REPORTED THAT YOU WERE ADVISED OF THAT DISPATCH ON OCTOBER 27, 1953. PURSUANT TO THAT DISPATCH, YOU WERE ORDERED OVERSEAS BY FLEET MARINE FORCE PACIFIC TROOPS SPECIAL ORDER NO. 1317 53, DATED NOVEMBER 4, 1953. YOUR DEPENDENTS (WIFE AND CHILD) TRAVELED FROM MINNEAPOLIS, MINNESOTA, TO SAN CLEMENTE, CALIFORNIA, BETWEEN NOVEMBER 3 TO 10, 1953, AND RETURNED TO MINNEAPOLIS BETWEEN APRIL 30 TO MAY 6, 1954. BY OUR SETTLEMENT OF JUNE 29, 1954, YOU WERE ALLOWED $135.18 AS REIMBURSEMENT FOR THE TRAVEL FROM MINNEAPOLIS TO SAN CLEMENTE. THE RECORD DID NOT THEN SHOW THAT YOU HAD BEEN ADVISED OF YOUR IMPENDING OVERSEAS ASSIGNMENT PRIOR TO COMMENCEMENT OF THAT TRAVEL.

PARAGRAPH 7000-2, JOINT TRAVEL REGULATIONS, PROVIDES FOR TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION. PARAGRAPH 7005 OF THE SAME REGULATIONS PROVIDES THAT WHEN A MEMBER IS TRANSFERRED UNDER PERMANENT CHANGE OF STATION ORDERS TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY HIM, HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE AT WHICH THE DEPENDENTS ARE LOCATED ON THE DATE HE RECEIVED SUCH ORDERS TO ANY PLACE IN THE UNITED STATES HE MAY DESIGNATE. THUS, ON THE BASIS OF THE ORDERS OF FEBRUARY 3, 1953, YOU WERE ENTITLED TO TRANSPORTATION OF DEPENDENTS TO A DESIGNATED PLACE. SINCE SUCH TRAVEL (FREDERICKSBURG TO MINNEAPOLIS) WAS PERFORMED BEFORE YOUR ORDERS OF FEBRUARY 3, 1953, WERE CHANGED, YOU WERE ENTITLED TO REIMBURSEMENT FOR SUCH TRAVEL. WHILE THE ORDERS OF SEPTEMBER 28, 1953, ASSIGNED YOU TO PERMANENT DUTY AT CAMP PENDLETON, NO TRAVEL BY YOUR DEPENDENTS WAS PERFORMED UNDER THOSE ORDERS PRIOR TO OCTOBER 27, 1953, THE DATE ON WHICH IT IS REPORTED YOU WERE NOTIFIED OF YOUR OVERSEAS ASSIGNMENT. AFTER RECEIPT OF SUCH INFORMATION ANY TRAVEL OF YOUR DEPENDENTS TO CAMP PENDLETON MAY NOT BE CONSIDERED AS BEING FOR THE PURPOSE OF ESTABLISHING A RESIDENCE. SEE 33 COMP. GEN. 431. THEREFORE, YOU WERE NOT ENTITLED TO THE AMOUNT, $135.18, ALLOWED BY THE SETTLEMENT OF JUNE 29, 1954, AND THERE IS NO AUTHORITY FOR REIMBURSEMENT FOR THEIR RETURN TRAVEL TO MINNEAPOLIS.