B-127148, APR. 27, 1956

B-127148: Apr 27, 1956

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YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED JANUARY 10. YOU WERE DISCHARGED ON JUNE 15. THAT YOU WERE AUTHORIZED 10 DAYS' REENLISTMENT LEAVE EFFECTIVE JUNE 20. BY THE TIME YOUR DEPENDENTS PERFORMED THE TRAVEL IN QUESTION YOU HAD BEEN DISCHARGED AND REENLISTED AND WERE LOCATED AT FORT BELVOIR RATHER THAN AT YOUR HOME. CURRENT AT THE TIME THE TRAVEL WAS PERFORMED. - HAVE MADE PROVISION FOR THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL FROM OVERSEAS STATIONS TO DESIGNATED LOCATIONS IN THE UNITED STATES PRIOR OR SUBSEQUENT TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH PERSONNEL FROM THEIR STATIONS. REGULATIONS ISSUED PURSUANT TO THAT STATUTORY AUTHORITY ARE INCLUDED IN ARMY REGULATIONS 35-4880.

B-127148, APR. 27, 1956

TO SERGEANT FIRST CLASS ROBERT E. SPITZER, RA 20532689:

YOUR LETTER DATED FEBRUARY 8, 1955, ADDRESSED TO SETTLEMENTS DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF COST OF TRANSPORTATION OF YOUR DEPENDENT WIFE AND STEPSON (THEN AGED 4 YEARS), FROM NEW YORK, NEW YORK, TO PORTLAND, INDIANA, DURING THE PERIOD FROM OCTOBER 23 TO 25, 1950, PURSUANT TO PARAGRAPH 4, SPECIAL ORDER NO. 84, HEADQUARTERS, 599TH ENGINEER BASE DEPOT, U.S. ARMY EUROPE, APO 757, DATED MAY 16, 1950, AND PARAGRAPH 3, SPECIAL ORDER NO. 172, SAME HEADQUARTERS, DATED OCTOBER 10, 1950. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED JANUARY 10, 1951.

THE ORDERS DATED MAY 16, 1950, TRANSFERRED YOU FROM YOUR DUTY STATION IN GERMANY TO PERSONNEL CENTER, FORT DIX, NEW JERSEY. IT APPEARS FROM PARAGRAPHS 6 AND 7, SPECIAL ORDER NO. 117, HEADQUARTERS, 24TH ENGINEER CONSTRUCTION GROUP, FORT BELVOIR, VIRGINIA, DATED JUNE 19, 1950, YOU WERE DISCHARGED ON JUNE 15, 1950; REENLISTED AT FORT BELVOIR ON JUNE 16, 1950; AND THAT YOU WERE AUTHORIZED 10 DAYS' REENLISTMENT LEAVE EFFECTIVE JUNE 20, 1950, WITH REPORTING DATE JUNE 30, 1950. THE ORDERS OF OCTOBER 10, 1950, AUTHORIZED THE TRAVEL OF YOUR WIFE AND STEPSON FROM GERMANY TO PORTLAND, INDIANA, VIA GOVERNMENT TRANSPORTATION THROUGH NEW YORK, NEW YORK. HOWEVER, BY THE TIME YOUR DEPENDENTS PERFORMED THE TRAVEL IN QUESTION YOU HAD BEEN DISCHARGED AND REENLISTED AND WERE LOCATED AT FORT BELVOIR RATHER THAN AT YOUR HOME--- THE DESTINATION NAMED IN THE ORDERS.

FOR MANY YEARS THE ANNUAL MILITARY APPROPRIATION ACTS--- SEE SECTION 606 OF THE ACT OF OCTOBER 29, 1949, 63 STAT. 1018, CURRENT AT THE TIME THE TRAVEL WAS PERFORMED--- HAVE MADE PROVISION FOR THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL FROM OVERSEAS STATIONS TO DESIGNATED LOCATIONS IN THE UNITED STATES PRIOR OR SUBSEQUENT TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH PERSONNEL FROM THEIR STATIONS, OR SUBSEQUENT TO THE DISCHARGE OR RELEASE OF SUCH PERSONNEL FROM ACTIVE MILITARY SERVICE. REGULATIONS ISSUED PURSUANT TO THAT STATUTORY AUTHORITY ARE INCLUDED IN ARMY REGULATIONS 35-4880, DATED DECEMBER 13, 1948. UNDER THOSE REGULATIONS, TRANSPORTATION TO A DESIGNATED LOCATION WOULD BE AUTHORIZED, WHERE DEPENDENTS TRAVEL PRIOR TO TRAVEL OF THE MEMBER, BUT THAT IS NOT THE CASE WHERE, PRIOR TO TRAVEL OF THE DEPENDENTS, THE MEMBER HIMSELF HAS BEEN RETURNED TO THE UNITED STATES AND ASSIGNED TO A DUTY STATION. IN SUCH A SITUATION THE TRANSPORTATION FURNISHED THE DEPENDENTS FROM THE PORT OF DEBARKATION CANNOT EXCEED TRANSPORTATION TO THE MEMBER'S STATION.

PRIOR TO THE RETURN OF YOUR DEPENDENTS TO THE UNITED STATES, YOU HAD REENLISTED AND WERE, AT THE TIME THEY TRAVELED, STATIONED AT FORT BELVOIR, VIRGINIA. HENCE, A TRANSPORTATION PROPERLY ALLOWABLE FOR YOUR DEPENDENTS FROM THE PORT OF DEBARKATION MAY NOT EXCEED TRANSPORTATION FROM THAT POINT TO YOUR NEW STATION. IN OTHER WORDS, SINCE YOU WERE ON DUTY AT FORT BELVOIR, THE ONLY TRAVEL IN THE UNITED STATES ALLOWABLE AT GOVERNMENT EXPENSE IS FROM NEW YORK, NEW YORK, TO FORT BELVOIR, VIRGINIA.