B-125172, NOV. 4, 1955

B-125172: Nov 4, 1955

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USA: REFERENCE IS MADE TO YOUR LETTER OF JULY 19. YOU WERE REAPPOINTED AS WARRANT OFFICER. WAS BY COMMERCIAL AIR. YU WERE ALLOWED $9.12 AS REIMBURSEMENT FOR TRAVEL BY YOU AND YOUR WIFE FROM NEW YORK TO FORT DIX. YOU WERE ADVISED THAT UNLESS YOUR ORDERS WERE AMENDED TO SHOW CAYEY AS YOUR HOME. YOU DECIDED TO HAVE YOUR FAMILY TRAVEL AT YOUR EXPENSE. UPON APPOINTMENT THOSE ALLOWANCES ARE AUTHORIZED FROM A MEMBER'S HOME. OR FROM THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY. A MEMBER IS ENTITLED TO TRANSPORTATION (OR REIMBURSEMENT) FOR TRAVEL OF DEPENDENTS. THE PLACE ORIGINALLY NAMED AT TIME OF CURRENT ENTRY INTO THE SERVICE WAS NOT IN FACT THE ACTUAL HOME. SETTING FORTH THE POLICY GOVERNING THE TRANSPORTATION OF MILITARY PERSONNEL TO AND FROM AREAS BEYOND CONTINENTAL UNITED STATES PROVIDES THAT IT IS INTENDED THAT GOVERNMENT TRANSPORTATION BE UTILIZED WHEN IT IS AVAILABLE.

B-125172, NOV. 4, 1955

TO CHIEF WARRANT OFFICER PEDRO PORTO, USA:

REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1955, REQUESTING REVIEW OF THAT PART OF THE SETTLEMENT OF MAY 25, 1955, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL PERFORMED BY YOU AND YOUR WIFE FROM CAYEY, PUERTO RICO, TO NEW YORK, NEW YORK.

BY PARAGRAPH 79, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 25, DATED FEBRUARY 4, 1954, YOU WERE REAPPOINTED AS WARRANT OFFICER, JUNIOR GRADE, REGULAR ARMY, EFFECTIVE FEBRUARY 16, 1954, AND ASSIGNED TO FORT DIX, NEW JERSEY. THE ORDERS GAVE YOUR HOME AS NEW YORK, NEW YORK. PARAGRAPH 87, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 213, DATED OCTOBER 28, 1954, AMENDED THOSE ORDERS TO SHOW YOUR HOME AS CAYEY, PUERTO RICO. UPON RECEIPT OF THE FIRST ORDERS IN NEW YORK YOU RETURNED TO CAYEY, PUERTO RICO, AND LATER, ON FEBRUARY 14 AND 15, 1954, YOU TRAVELED TO FORT DIX, NEW JERSEY. YOUR WIFE TRAVELED BETWEEN THE SAME POINTS DURING THE PERIOD MARCH 8, TO 12, 1954. IN EACH CASE THE TRAVEL FROM SAN JUAN, PUERTO RICO, TO NEW YORK, NEW YORK, WAS BY COMMERCIAL AIR. YU WERE ALLOWED $9.12 AS REIMBURSEMENT FOR TRAVEL BY YOU AND YOUR WIFE FROM NEW YORK TO FORT DIX. IN YOUR PRESENT LETTER YOU STATE THAT, UPON YOUR ARRIVAL AT FORT DIX, YOU WERE ADVISED THAT UNLESS YOUR ORDERS WERE AMENDED TO SHOW CAYEY AS YOUR HOME, TRANSPORTATION ORDERS COULD NOT BE ISSUED FOR TRAVEL OF YOUR DEPENDENTS. YOU STATE ALSO THAT SINCE YOU ALREADY HAD OBTAINED QUARTERS, YOU DECIDED TO HAVE YOUR FAMILY TRAVEL AT YOUR EXPENSE.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER VARIOUS CIRCUMSTANCES. UPON APPOINTMENT THOSE ALLOWANCES ARE AUTHORIZED FROM A MEMBER'S HOME, OR FROM THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY, TO FIRST STATION. IN ADDITION, UPON PERMANENT CHANGE OF STATION, A MEMBER IS ENTITLED TO TRANSPORTATION (OR REIMBURSEMENT) FOR TRAVEL OF DEPENDENTS. JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDE (PARAGRAPH 1150-3) THAT THE TERM "HOME" MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY, AND THAT TRAVEL AND TRANSPORTATION ALLOWANCES MAY BE BASED ON THE OFFICIALLY CORRECTED RECORD WHEN, THROUGH BONA FIDE ERROR, THE PLACE ORIGINALLY NAMED AT TIME OF CURRENT ENTRY INTO THE SERVICE WAS NOT IN FACT THE ACTUAL HOME. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 7002) THAT THE TRANSPORTATION OF DEPENDENTS TO OR FROM THE UNITED STATES SHALL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE. PARAGRAPH 1, ARMY REGULATIONS 55 117, SETTING FORTH THE POLICY GOVERNING THE TRANSPORTATION OF MILITARY PERSONNEL TO AND FROM AREAS BEYOND CONTINENTAL UNITED STATES PROVIDES THAT IT IS INTENDED THAT GOVERNMENT TRANSPORTATION BE UTILIZED WHEN IT IS AVAILABLE.

WHILE THE AMENDATORY ORDERS OF OCTOBER 28, 1954, DO NOT STATE THAT YOUR HOME WAS RECORDED AS NEW YORK, NEW YORK, THROUGH A BONA FIDE ERROR, THE RECORD INDICATES THAT SUCH WAS THE CASE; THAT YOUR HOME ACTUALLY WAS CAYEY, PUERTO RICO, WHEN RECALLED TO ACTIVE DUTY, AND THAT THE AMENDATORY ORDERS CONSTITUTE A DETERMINATION TO THAT EFFECT. THEREFORE, YOU ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FROM CAYEY, PUERTO RICO. SINCE IT APPEARS, HOWEVER, THAT TRANSPORTATION ABOARD GOVERNMENT VESSELS WAS AVAILABLE FOR MILITARY PERSONNEL AND THEIR DEPENDENTS FOR TRAVEL FROM SAN JUAN, PUERTO RICO, TO NEW YORK, NEW YORK, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT FOR TRAVEL BETWEEN THOSE POINTS. TO THAT EXTENT, THE SETTLEMENT OF MAY 25, 1955, IS SUSTAINED. A SETTLEMENT FOR THE AMOUNT DUE FOR TRAVEL BY YOU AND YOUR WIFE FROM CAYEY TO SAN JUAN, PUERTO RICO, WILL ISSUE IN DUE COURSE.