B-127087, APR. 5, 1956

B-127087: Apr 5, 1956

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YOU WERE RELEASED FROM DUTY AT THAT STATION AND DISCHARGED EFFECTIVE MAY 14. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF HER TRAVEL WAS DISALLOWED BY SETTLEMENT OF JANUARY 26. FOR THE REASONS THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND THAT THERE WAS NO EVIDENCE IN THE OFFICIAL RECORDS OF A CERTIFICATE FROM THE HEADQUARTERS ISSUING THE ORDERS THAT YOU WERE ADVISED PRIOR TO THEIR ISSUANCE THAT YOU WOULD BE RELEASED FROM DUTY. YOU WERE RELEASED FROM DUTY AT THAT STATION AND DISCHARGED EFFECTIVE MAY 14. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF HER TRAVEL WAS DISALLOWED BY SETTLEMENT OF JANUARY 26. FOR THE REASONS THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND THAT THERE WAS NO EVIDENCE IN THE OFFICIAL RECORDS OF A CERTIFICATE FROM THE HEADQUARTERS ISSUING THE ORDERS THAT YOU WERE ADVISED PRIOR TO THEIR ISSUANCE THAT YOU WOULD BE RELEASED FROM DUTY.

B-127087, APR. 5, 1956

TO MR. LESTER M. CARR, JR.:

YOUR LETTER OF FEBRUARY 2, 1956, REQUESTS REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION, DATED JANUARY 26, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENT (WIFE) FROM MARYSVILLE, CALIFORNIA, TO COLUMBUS, OHIO, APRIL 3 AND 4, 1955.

BY SPECIAL ORDERS NO. 84, DATED MAY 4, 1955, ISSUED AT HEADQUARTERS, 832D ENGINEER AVIATION BATTALION, BEALE AIR FORCE BASE, CALIFORNIA, YOU WERE RELEASED FROM DUTY AT THAT STATION AND DISCHARGED EFFECTIVE MAY 14, 1955. YOUR DEPENDENT TRAVELED FROM MARYSVILLE, CALIFORNIA, TO COLUMBUS, OHIO, AT PERSONAL EXPENSE ON APRIL 3 AND 4, 1955. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF HER TRAVEL WAS DISALLOWED BY SETTLEMENT OF JANUARY 26, 1956, FOR THE REASONS THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND THAT THERE WAS NO EVIDENCE IN THE OFFICIAL RECORDS OF A CERTIFICATE FROM THE HEADQUARTERS ISSUING THE ORDERS THAT YOU WERE ADVISED PRIOR TO THEIR ISSUANCE THAT YOU WOULD BE RELEASED FROM DUTY.

IN YOUR LETTER OF FEBRUARY 2, 1956, YOU REFER TO THE STATEMENT SIGNED BY CAPTAIN HARRY P. SCHAEFFER, BASE CHAPLAIN, BEALE AIR FORCE BASE, CALIFORNIA, YOU WERE RELEASED FROM DUTY AT THAT STATION AND DISCHARGED EFFECTIVE MAY 14, 1955. YOUR DEPENDENT TRAVELED FROM MARYSVILLE, CALIFORNIA, TO COLUMBUS, OHIO, AT PERSONAL EXPENSE ON APRIL 3 AND 4, 1955. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF HER TRAVEL WAS DISALLOWED BY SETTLEMENT OF JANUARY 26, 1956, FOR THE REASONS THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND THAT THERE WAS NO EVIDENCE IN THE OFFICIAL RECORDS OF A CERTIFICATE FROM THE HEADQUARTERS ISSUING THE ORDERS THAT YOU WERE ADVISED PRIOR TO THEIR ISSUANCE THAT YOU WOULD BE RELEASED FROM DUTY.

IN YOUR LETTER OF FEBRUARY 2, 1956, YOU REFER TO THE STATEMENT SIGNED BY CAPTAIN HARRY P. SCHAEFFER, BASE CHAPLAIN, BEALE AIR FORCE BASE, DATED JULY 26, 1955, IN WHICH CAPTAIN SCHAEFFER STATES THAT IT WAS KNOWN APPROXIMATELY SIX WEEKS PRIOR TO YOUR DISCHARGE THAT YOU WOULD BE RETURNING TO COLUMBUS, OHIO, AND THAT YOU WOULD BE DISCHARGED ON MAY 14, 1955. YOU SAY THAT CAPTAIN SCHAEFFER HAD BEEN INFORMED BY A SERGEANT FROM BASE FINANCE THAT YOU WOULD BE REIMBURSED EVEN THOUGH YOUR WIFE LEFT PRIOR TO THE ISSUANCE OF YOUR DISCHARGE ORDERS. YOU ALSO SAY THAT YOU KNEW ONE MONTH OR BETTER WHEN YOUR ORDERS WOULD BE ISSUED TO YOU, SINCE YOU WERE TOLD BY THE MAN WHO STARTED THE PROCESSING OF YOUR DISCHARGE.

AS WE STATED IN THE SETTLEMENT OF JANUARY 26, 1956, PARAGRAPH 7000 11 OF THE JOINT TRAVEL REGULATIONS, CONCERNING DEPARTURE OF DEPENDENTS PRIOR TO ISSUANCE OF ORDERS, REQUIRED THAT THE CLAIM FOR REIMBURSEMENT OF COST OF SUCH TRAVEL BE SUPPORTED BY A CERTIFICATE FROM THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, THAT THE MEMBER WAS ADVISED PRIOR TO HIS DEPENDENT'S TRAVEL THAT SUCH ORDERS WOULD BE ISSUED. SUCH REGULATION CONTEMPLATES THAT THE MEMBER BE OFFICIALLY ADVISED BY COMPETENT AUTHORITY. THIS IS A STATUTORY REGULATION ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, WHICH HAS THE FORCE AND EFFECT OF THE LAW ITSELF AND MAY NOT BE ENLARGED BY CONSTRUCTION. THEREFORE, MERE GENERAL INFORMATION AS TO THE TIME OF YOUR EXPECTED RELEASE FROM ACTIVE DUTY SUCH AS YOU SAY WAS PASSED ON TO YOU AND CAPTAIN SCHAEFFER AND WHICH OFTEN IS CONTAINED IN THE ORDER TO ACTIVE DUTY ITSELF, DOES NOT MEET THE REQUIREMENTS OF THE REGULATION.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF JANUARY 26, 1956, WAS CORRECT AND IS SUSTAINED.