B-125211, DEC. 22, 1955

B-125211, DEC. 22, 1955

TO SERGEANT FIRST CLASS MARVIN H. WRIGHT:

YOUR COMMUNICATION OF JULY 14, 1955, AND LETTER OF DECEMBER 1, 1955, REQUEST THE REVIEW OF OUR SETTLEMENT OF JUNE 2, 1955, BY WHICH YOU WERE ALLOWED A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION INCIDENT TO YOUR DEPENDENT WIFE'S TRAVEL FROM ST. LOUIS, MISSOURI, TO ALEXANDRIA, VIRGINIA, PERFORMED IN CONNECTION WITH YOUR ASSIGNMENT TO DUTY AT FORT BELVOIR, VIRGINIA, UNDER ORDERS OF APRIL 19, 1954, SUCH ALLOWANCE HAVING BEEN LIMITED TO THE DISTANCE FROM WASHINGTON, C., TO FORT BELVOIR.

UNDER LETTER ORDER NO. 110 OF HEADQUARTERS, DISTRICT OF COLUMBIA MILITARY DISTRICT, FORT MYER, VIRGINIA, DATED NOVEMBER 3, 1953, YOU WERE ORDERED INTO ACTIVE MILITARY SERVICE AS A MEMBER OF THE ENLISTED RESERVE CORPS AND DIRECTED TO DEPART FROM YOUR HOME AT WASHINGTON, D.C., ON NOVEMBER 3, 1953, AND PROCEED TO FORT KNOX, KENTUCKY, WHERE YOU WERE TO REPORT ON NOVEMBER 5, 1953, OR EARLIER, FOR THE PURPOSE OF COMPLETING A PHYSICAL EXAMINATION. BY ORDERS DATED DECEMBER 23, 1953, ISSUED AT FORT KNOX, YOU WERE TRANSFERRED TO A TRAINING COURSE TO BE HELD AT GARY AIR FORCE BASE, SAN MARCOS, TEXAS, WHERE YOU WERE TO REPORT NOT LATER THAN JANUARY 22, 1954. THE ORDERS DID NOT INDICATE THE ANTICIPATED DURATION OF THE COURSE OF INSTRUCTION. UNDER ORDERS OF APRIL 19, 1954, ISSUED AT THE GARY AIR FORCE BASE, YOU WERE RELIEVED FROM YOUR ASSIGNMENT AS A STUDENT AT THAT STATION AND ASSIGNED TO DUTY WITH THE 9829TH TSU ENGINEER CENTER, FORT BELVOIR, VIRGINIA. IN EACH OF THE ORDERS THERE APPEARED THE SYMBOL PCS MEANING "PERMANENT CHANGE OF STATION.' HOWEVER, ON THE BASIS THAT THE DUTIES ASSIGNED BY THE ORDERS OF NOVEMBER 3 AND DECEMBER 23, 1953, CLEARLY WERE OF A TEMPORARY NATURE, IT WAS CONSIDERED THAT THE DUTY AT FORT BELVOIR, ASSIGNED BY THE ORDERS OF APRIL 19, 1954, WAS YOUR FIRST PERMANENT DUTY ASSIGNMENT AFTER BEING ORDERED TO ACTIVE DUTY. YOU WERE ALLOWED CREDIT FOR YOUR WIFE'S TRAVEL IN THE SETTLEMENT OF JUNE 2, 1955, THEREFORE, ONLY TO THE EXTENT AUTHORIZED BY LAW INCIDENT TO A CHANGE OF PERMANENT STATION FROM YOUR HOME AT WASHINGTON, D.C., TO FORT BELVOIR, SINCE TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IS LIMITED TO THE DISTANCE FROM THE OLD TO THE NEW PERMANENT DUTY STATION OR, UPON FIRST ENTRY ON ACTIVE DUTY, FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO THE FIRST PERMANENT STATION. SEE PARAGRAPH 7003-3 OF THE JOINT TRAVEL REGULATIONS.

YOU REQUEST RECONSIDERATION IN THE MATTER "BECAUSE OF INCORRECT HOME ADDRESS ON ORDERS TO ACTIVE DUTY LETTER ORDER NO. 110.' SUCH ORDERS SHOWED YOUR HOME ADDRESS AS 3217-5TH STREET, S.E., WASHINGTON, D.C. YOU HAVE NOT INDICATED THE ADDRESS YOU NOW CONSIDER TO HAVE BEEN YOUR CORRECT HOME ADDRESS ON THE DATE OF ISSUANCE OF YOUR ACTIVE DUTY ORDERS AND CONSEQUENTLY THE BASIS FOR YOUR REQUEST FOR RECONSIDERATION IS NOT CLEAR. HOWEVER, SINCE THE ADDRESS SHOWN ON THE ORDERS PRESUMABLY WAS THE HOME ADDRESS FURNISHED BY YOU TO THE DEPARTMENT OF THE ARMY AT THE TIME OF YOUR ENLISTMENT, YOUR RIGHTS IN THE MATTER OF ENTITLEMENT TO TRAVEL ALLOWANCES, BASED UPON YOUR OWN REPRESENTATIONS, MUST BE CONSIDERED AS ESTABLISHED ON THE BASIS THAT WASHINGTON, D.C., WAS YOUR HOME AND THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY UNDER THE ORDERS OF NOVEMBER 3, 1953.

ACCORDINGLY, THE SETTLEMENT OF JUNE 2, 1955, MUST BE SUSTAINED ON THE PRESENT RECORD.