B-126320, MAR. 1, 1956

B-126320: Mar 1, 1956

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ARMY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8. IS ENTITLED TO REIMBURSEMENT OF HIS EXPENSES OF TRAVEL FROM SAN SALVADOR. IT APPEARS THAT WHILE SERGEANT BRYAN WAS ON 30 DAYS' LEAVE AT RICHMOND. A REQUEST WAS MADE THAT HE BE TRANSFERRED FROM HIS STATION AT SAN SALVADOR FOR COMPASSIONATE REASONS APPARENTLY RELATING TO THE ILLNESS OF HIS MOTHER. HE WAS ADVISED THAT A TRANSFER FOR COMPASSIONATE REASONS WAS UNDER CONSIDERATION. THAT HE SHOULD RETURN TO HIS HOME TO AWAIT ASSIGNMENT ORDERS OR RETURN TO HIS PERMANENT STATION IF SUCH ORDERS WERE NOT RECEIVED PRIOR TO EXPIRATION OF LEAVE WHICH WAS EXTENDED AN ADDITIONAL 15 DAYS OR UNTIL JANUARY 19. IT IS SHOWN THAT HE TRAVELED FROM RICHMOND BACK TO SAN SALVADOR DURING THE PERIOD JANUARY 8 TO 12.

B-126320, MAR. 1, 1956

TO MAJOR J. A. ESTOCK, U.S. ARMY:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8, 1955 (FORWARDED BY THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, BY FIRST INDORSEMENT OF DECEMBER 5, 1955), REQUESTING AN ADVANCE DECISION AS TO WHETHER HOMER L. BRYAN, SERGEANT FIRST CLASS, REGULAR ARMY, IS ENTITLED TO REIMBURSEMENT OF HIS EXPENSES OF TRAVEL FROM SAN SALVADOR, EL SALVADOR, TO FORT LEE, VIRGINIA, IN JANUARY 1955.

IT APPEARS THAT WHILE SERGEANT BRYAN WAS ON 30 DAYS' LEAVE AT RICHMOND, VIRGINIA, COMMENCING DECEMBER 5, 1954, A REQUEST WAS MADE THAT HE BE TRANSFERRED FROM HIS STATION AT SAN SALVADOR FOR COMPASSIONATE REASONS APPARENTLY RELATING TO THE ILLNESS OF HIS MOTHER. AT AN INTERVIEW AT THE PENTAGON ON DECEMBER 27, 1954, HE WAS ADVISED THAT A TRANSFER FOR COMPASSIONATE REASONS WAS UNDER CONSIDERATION, AND THAT HE SHOULD RETURN TO HIS HOME TO AWAIT ASSIGNMENT ORDERS OR RETURN TO HIS PERMANENT STATION IF SUCH ORDERS WERE NOT RECEIVED PRIOR TO EXPIRATION OF LEAVE WHICH WAS EXTENDED AN ADDITIONAL 15 DAYS OR UNTIL JANUARY 19, 1955. IT IS SHOWN THAT HE TRAVELED FROM RICHMOND BACK TO SAN SALVADOR DURING THE PERIOD JANUARY 8 TO 12, 1955, AND THAT AFTER BEING ADVISED OF ORDERS OF JANUARY 12, 1955, DIRECTING A PERMANENT CHANGE OF STATION TO FORT LEE, VIRGINIA "FOR COMPASSIONATE REASONS," HE TRAVELED TO THE LATTER PLACED BY PRIVATELY OWNED CONVEYANCE DURING THE PERIOD JANUARY 14 TO 24, 1955. IT IS REPORTED THAT HIS TOUR OF OVERSEAS SERVICE WOULD HAVE TERMINATED IN 90 DAYS, UNDER NORMAL CONDITIONS.

IT IS NOT KNOWN WHY THE ENLISTED MAN INCURRED THE EXPENSES OF UNNECESSARY TRAVEL BACK TO SAN SALVADOR, SINCE HE KNEW THAT HIS TRANSFER TO THE UNITED STATES WAS PENDING. SUCH TRANSFER ACTUALLY WAS ORDERED PRIOR TO THE TIME HE WOULD HAVE HAD TO COMMENCE TRAVEL BACK TO THAT PLACE. HOWEVER, EVEN IF NO LEAVE HAD BEEN TAKEN, IT IS CLEAR THAT NO MILITARY REASONS EXISTED FOR HIS TRANSFER TO FORT LEE AT THAT TIME AND THAT THE TRANSFER WAS ORDERED SOLELY FOR PERSONAL REASONS. IN SUCH CIRCUMSTANCES, A RIGHT TO REIMBURSEMENT OF EXPENSES OF TRAVEL CANNOT ACCRUE TO THE TRAVELER. SEE B- 117577, JUNE 16, 1955. COMPARE PARAGRAPHS 6453 AND 6454, JOINT TRAVEL REGULATIONS.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND SUCH VOUCHER WITH THE ATTACHED PAPERS WILL BE RETAINED HERE.