B-124128, SEP. 1, 1955

B-124128, SEP. 1, 1955

TO MR. FRANK GREGORY CAMERON:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 23, 1954, REQUESTING REVIEW OF THE SETTLEMENTS OF JULY 27 AND OCTOBER 21, 1953, WHICH DISPOSED OF YOUR CLAIMS FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM EAST GREENWICH, RHODE ISLAND, TO JACKSONVILLE, FLORIDA, AND FROM THE LATTER CITY TO PROVIDENCE, RHODE ISLAND, AND FOR ARREARS OF PAY WHILE SERVING AS CHIEF AVIATION MECHANIC, U.S. NAVY. REFERENCE IS MADE ALSO TO YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NORWOOD, RHODE ISLAND, TO BROOKLYN, NEW YORK, INCIDENT TO YOUR DISCHARGE.

YOUR CLAIM FOR ARREARS OF PAY DURING THE PERIOD DECEMBER 5, 1947, TO JULY 1, 1948, BASED ON JUDGE ADVOCATE GENERAL'S LETTER OF APRIL 1, 1948, REMITTING SUMMARY COURT-MARTIAL SENTENCE OF DECEMBER 9, 1947, WAS DISALLOWED BY THE SETTLEMENT OF JULY 27, 1953, FOR THE REASON THAT YOUR PAY RECORD DOES NOT SHOW ANY LOSS OF PAY DUE TO THAT COURT MARTIAL. YOU BASE YOUR CLAIM ON YOUR CONTENTION THAT THE DISBURSING OFFICER STOPPED YOUR PAY PRIOR TO THE FINAL DECISION OF THE JUDGE ADVOCATE GENERAL. EXAMINATION OF YOUR PAY RECORD FOR THE PERIOD JULY 1, 1947, TO JUNE 30, 1949, SHOWS THAT THE ONLY LOSS OF PAY DURING THAT PERIOD IS THE PENALTY OF $300 ($50 A MONTH FOR SIX MONTHS) IMPOSED BY SUMMARY COURT-MARTIAL SENTENCE OF OCTOBER 23, 1947. SINCE THE RECORD DOES NOT SHOW REMISSION OF THAT SENTENCE OR THAT ANY OTHER AMOUNT IS DUE YOU AS ARREARS OF PAY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. THEREFORE, THAT PORTION OF THE SETTLEMENT OF JULY 27, 1953, WHICH DISALLOWED YOUR CLAIM FOR ARREARS OF PAY IS SUSTAINED.

BY SETTLEMENT DATED FEBRUARY 19, 1947, YOU WERE ALLOWED $116.40 AS REIMBURSEMENT FOR TRAVEL OF BEDA LUCILLE CAMERON, AS YOUR WIFE, FROM SAN PEDRO, CALIFORNIA, TO NORFOLK, VIRGINIA, APRIL 18 TO JULY 18, 1946, INCIDENT TO CHANGE-OF-STATION ORDERS DATED APRIL 13, 1946. SUBSEQUENTLY WAS ESTABLISHED THAT THE PAYMENT WAS ERRONEOUS FOR THE REASON THAT BEDA LUCILLE CAMERON WAS NOT YOUR DEPENDENT AT THAT TIME INASMUCH AS AN INTERLOCUTORY JUDGMENT OF DIVORCE OBTAINED BY HER ON MARCH 13, 1945, BECAME FINAL ON MARCH 13, 1946. BY A SERIES OF ORDERS ISSUED BETWEEN THE DATES OF MARCH 26, 1951, AND MARCH 31, 1952, YOU WERE TRANSFERRED FROM FLEET AIRCRAFT SERVICE SQUADRON 101, HOME PORT QUONSET POINT, RHODE ISLAND, TO FIGHTER SQUADRON 102, HOME PORT JACKSONVILLE, FLORIDA, FOR DUTY. YOUR WIFE, CATHERINE, TRAVELED FROM EAST GREENWHICH, RHODE ISLAND, TO JACKSONVILLE, FLORIDA, OCTOBER 13 AND 14, 1952. BY THE SETTLEMENT DATED JULY 27, 1953, YOU WERE ALLOWED $69.54 AS REIMBURSEMENT FOR THAT TRAVEL AND THE AMOUNT WAS APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS ARISING FROM THE ERRONEOUS PAYMENT OF $116.40 AS EXPLAINED ABOVE. IT SUBSEQUENTLY WAS LEARNED, HOWEVER, THAT BY ORDERS DATED SEPTEMBER 4, 1952, YOU WERE TRANSFERRED FROM FIGHTER SQUADRON 102 TO U.S. NAVAL HOSPITAL, JACKSONVILLE, FLORIDA, FOR OBSERVATION AND TREATMENT, AND BY ORDERS DATED NOVEMBER 6, 1952, YOU WERE TRANSFERRED TO U.S. NAVAL HOSPITAL, PHILADELPHIA, FOR FURTHER TREATMENT. YOUR WIFE TRAVELED FROM JACKSONVILLE, FLORIDA, TO PROVIDENCE, RHODE ISLAND, OCTOBER 23 AND 24, 1952. HER TRAVEL TO AND FROM JACKSONVILLE WAS BY AIR ON A ROUND-TRIP BASIS. BY SETTLEMENT DATED OCTOBER 21, 1953, YOUR CLAIM FOR HER RETURN TRAVEL WAS DISALLOWED AND YOU WERE ADVISED THAT THE ALLOWANCE OF $69.54 FOR HER TRAVEL TO JACKSONVILLE WAS ERRONEOUS SINCE IT APPEARED THAT HER TRAVEL WAS FOR THE PURPOSE OF VISITING AND NOT INCIDENT TO A CHANGE OF RESIDENCE. IN YOUR PRESENT LETTER YOU CONTEND THAT HER INTENT WAS TO ESTABLISH RESIDENCE IN JACKSONVILLE; THAT YOU DID NOT KNOW YOU WOULD BE TRANSFERRED TO PHILADELPHIA UNTIL AFTER SHE ARRIVED, AND THAT ROUND TRIP TRANSPORTATION WAS AT A LOWER RATE, THE RETURN PORTION BEING SALEABLE OR GOOD FOR REFUND IF NOT USED.

THE INTENT OF REGULATIONS AUTHORIZING THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE ARMED SERVICES AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION IS TO KEEP THE MEMBER AND HIS DEPENDENTS TOGETHER. THUS, TRANSPORTATION OF THE DEPENDENTS IS AUTHORIZED WHERE A CHANGE OF RESIDENCE IS INVOLVED. IT IS NOT AUTHORIZED WHEN THE DEPENDENTS MERELY VISIT THE SERVICEMAN AT HIS STATION OR AT A HOSPITAL WHERE HE IS A PATIENT. THE RECORD SHOWS THAT YOU REPORTED AT JACKSONVILLE ON APRIL 16, 1952. SIX MONTHS LATER, ON OCTOBER 13, 1952, YOUR WIFE PURCHASED ONE ROUND TRIP AIR TICKET FROM PROVIDENCE, RHODE ISLAND, TO JACKSONVILLE AND RETURN. SHE WAS NOT ACCOMPANIED BY YOUR TWO CHILDREN (THEN 4 YEARS AND 2 YEARS OF AGE, RESPECTIVELY). SHE ARRIVED IN JACKSONVILLE ON OCTOBER 14 AND DEPARTED NINE DAYS LATER ON OCTOBER 23, 1952, ALTHOUGH YOUR ORDERS TO U.S. NAVAL HOSPITAL AT PHILADELPHIA WERE NOT ISSUED UNTIL NOVEMBER 6, 1952. UNDER SUCH CIRCUMSTANCES THERE IS NO BASIS ON WHICH IT MAY BE CONCLUDED THAT HER TRAVEL WAS FOR THE PURPOSE OF ESTABLISHING A RESIDENCE IN JACKSONVILLE. THEREFORE, THE SETTLEMENT OF OCTOBER 21, 1953, IS SUSTAINED.

WITH RESPECT TO YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO CHILDREN) FROM NORWOOD, RHODE ISLAND, TO YOUR HOME OF RECORD, BROOKLYN, NEW YORK, IN JANUARY 1953, INCIDENT TO YOUR DISCHARGE ON JULY 13, 1953, YOUR ATTENTION IS INVITED TO PARAGRAPH 7000- 11, JOINT TRAVEL REGULATIONS. THAT PARAGRAPH WAS IN EFFECT AT THE TIME HERE INVOLVED, AND SPECIFICALLY PROVIDES THAT TRAVEL OF DEPENDENTS IS NOT AUTHORIZED WHEN THE DEPENDENTS TRAVEL PRIOR TO ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE BY THE COMMANDING OFFICER OR HIS DESIGNATED REPRESENTATIVE THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE-OF-STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. YOUR DEPENDENTS TRAVELED SIX MONTHS BEFORE THE ORDERS WERE ISSUED AND YOUR CLAIM IS NOT SUPPORTED BY SUCH A CERTIFICATE, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

SINCE IT SEEMS CLEAR THAT YOU ARE STILL INDEBTED TO THE UNITED STATES IN THE SUM OF $116.40, YOUR REMITTANCE IN THE FORM OF CHECK, BANK DRAFT, OR MONEY ORDERS PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE SHOULD BE MAILED TO GENERAL ACCOUNTING OFFICE, ADMINISTRATIVE FINANCE SECTION, WASHINGTON 25, D.C. ..END :