B-127892, AUG. 1, 1956

B-127892, AUG. 1, 1956

TO MR. JOHN D. PRINGLE:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 18, 1956, WHICH WAS FORWARDED HERE BY THE AIR FORCE FINANCE CENTER, DENVER, COLORADO. YOU REQUEST REVIEW OF OUR SETTLEMENT OF DECEMBER 15, 1954, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR YOUR TRAVEL AND REIMBURSEMENT FOR THE TRAVEL EXPENSES OF YOUR WIFE FROM MARCH AIR FORCE BASE, CALIFORNIA, TO DEER RIVER, MINNESOTA, DURING THE PERIOD JUNE 7 TO 12, 1952, INCIDENT TO YOUR RETIREMENT AS CHIEF WARRANT OFFICER, UNITED STATES AIR FORCE.

BY ORDERS DATED FEBRUARY 5, 1952, YOU WERE DIRECTED TO PROCEED ON A PERMANENT CHANGE OF STATION FROM THE AIR FORCE HOSPITAL, MARCH AIR FORCE BASE, CALIFORNIA, TO YOUR HOME OF RECORD, 6289 TYLER AVENUE, ARLINGTON, CALIFORNIA, TO AWAIT SEPARATION OR RETIREMENT FOR PHYSICAL DISABILITY FROM THE SERVICE. BY ORDERS DATED FEBRUARY 18, 1952, AS AMENDED BY ORDERS DATED FEBRUARY 20, 1952, YOU WERE RETIRED IN THE GRADE OF CHIEF WARRANT OFFICER EFFECTIVE FEBRUARY 29, 1952. YOUR CLAIM IS FOR TRAVEL AND TRANSPORTATION ALLOWANCES FROM MARCH AIR FORCE BASE TO DEER RIVER, MINNESOTA, WHICH YOU SAY YOU SELECTED AS YOUR HOME AFTER YOUR RETIREMENT.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES UPON RETIREMENT SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS FROM LAST DUTY STATION TO HOME. ALSO, IT PROVIDES THAT THE RESPECTIVE SECRETARIES CONCERNED MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED. THE ORDERS DIRECTING THAT YOU PROCEED TO YOUR HOME IN ARLINGTON CITED AS AUTHORITY FOR SUCH ACTION HEADQUARTERS, U.S. AIR FORCE MESSAGE AFPMP-4H 30335, DATED SEPTEMBER 28, 1950, AS AMENDED AND SUPPLEMENTED BY MESSAGE AFPMP-4H 35132, DATED OCTOBER 19, 1950. THE REGULATIONS SET FORTH IN THOSE MESSAGES AND IMPLEMENTING INSTRUCTIONS PROVIDED THAT AIR FORCE PATIENTS MIGHT, WITH THEIR CONCURRENCE, BE ORDERED ON A PERMANENT CHANGE OF STATION TO THEIR HOMES TO AWAIT FINAL DISCHARGE OR RETIREMENT AFTER APPEARANCE BEFORE A PHYSICAL EVALUATION BOARD WHICH HAD RECOMMENDED SEPARATION FROM THE SERVICE. IN THE CASE OF MEMBERS OF THE REGULAR AIR FORCE, THE TERM "HOMES" AS THERE USED IS DEFINED AS THE PLACE SELECTED AND DESIGNATED AS THEIR HOMES. THE MESSAGE OF OCTOBER 19, 1950, IN EFFECT AT THE TIME YOU WERE ORDERED TO YOUR HOME IN CALIFORNIA FURTHER PROVIDES---

"III. ADMINISTRATIVE PROCEDURES AND INSTRUCTIONS

"1. EACH MEMBER ELECTING TO BE ORDERED TO HIS HOME ON A PERMANENT CHANGE OF STATION WILL BE REQUIRED TO EXECUTE A WRITTEN STATEMENT TO BE ATTACHED TO THE RECORD OF PROCEEDINGS OF THE PHYSICAL EVALUATION BOARD AND FORWARDED TO HEADQUARTERS, UNITED STATES AIR FORCE AT THE TIME OF TRANSMITTAL WHICH WILL INCLUDE THE FOLLOWING:

"/A) THAT HE IS DESIROUS OF BEING ORDERED TO HIS HOME TO AWAIT FINAL ACTION,

"/B) THAT HE UNDERSTANDS THAT IF HIS RETIREMENT OR DISCHARGE IS IN FACT ACCOMPLISHED, THE MILEAGE FOR HIMSELF AND TRANSPORTATION FOR HIS DEPENDENTS AND HOUSEHOLD FURNISHING WHICH ARE AFFORDED AS THE RESULT OF SUCH PERMANENT CHANGE OF STATION IS IN LIEU OF THE MILEAGE AND TRANSPORTATION THAT WOULD OTHERWISE HAVE ACCRUED AT THE TIME OF EVENTUAL RETIREMENT OR DISCHARGE, * * *"

IT IS CLEAR FROM THESE REGULATIONS THAT AIR FORCE PERSONNEL OF THE CLASS COVERED WERE PRIVILEGED TO REQUEST THAT THEY BE ORDERED ON PERMANENT CHANGE OF STATION TO THEIR HOMES IN ADVANCE OF FINAL SEPARATION FROM ACTIVE SERVICE, TO AWAIT FURTHER SEPARATION ORDERS. WHILE SUCH REGULATIONS AUTHORIZED PAYMENT OF TRAVEL ALLOWANCE AND TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS IN ACCORDANCE WITH SUCH PERMANENT CHANGE OF STATION ORDERS, PROVIDED THE PERSONNEL CONCERNED AGREED TO ACCEPT SUCH PAYMENT IN LIEU OF THE TRAVEL AND TRANSPORTATION ALLOWANCES THAT WOULD OTHERWISE HAVE ACCRUED AT TIME OF FINAL SEPARATION, THEY DO NOT INCREASE SUCH ALLOWANCES BY AUTHORIZING PAYMENT FOR MORE THAN ONE MOVE, THE EFFECT BEING TO SAVE TO THE SEPARATED PERSONNEL SUCH ALLOWANCES AS OTHERWISE MIGHT HAVE BEEN FORFEITED BY EARLY TRAVEL TO THE MEMBER'S HOME.

ON JANUARY 29, 1952, YOU SIGNED A CERTIFICATE OF ELECTION TO PROCEED ON PERMANENT CHANGE OF STATION. PARAGRAPH 2 OF THE CERTIFICATE READS AS FOLLOWS:

"I UNDERSTAND THAT IF RETIREMENT OR DISCHARGE IS IN FACT ACCOMPLISHED THAT MILEAGE FOR MYSELF AND TRANSPORTATION FOR MY DEPENDENTS AND HOUSEHOLD FURNISHINGS WHICH ARE AFFORDED TO ME AS THE RESULT OF SUCH PERMANENT CHANGE OF STATION WILL BE IN LIEU OF THE MILEAGE AND TRANSPORTATION THAT WOULD OTHERWISE HAVE ACCRUED TO ME AT THE TIME OF EVENTUAL RETIREMENT OR DISCHARGE.'

IN ACCORDANCE WITH YOUR REQUEST THAT YOU BE ORDERED TO YOUR HOME ON PERMANENT CHANGE OF STATION AND SINCE YOU SIGNED THE CERTIFICATE OF ELECTION AS REQUIRED BY THE ABOVE REGULATIONS, YOU WERE DIRECTED BY THE ORDERS OF FEBRUARY 5, 1952, TO PROCEED TO YOUR HOME IN ARLINGTON, CALIFORNIA, TO AWAIT FINAL ACTION ON THE PHYSICAL EVALUATION BOARD PROCEEDINGS. SINCE YOU PERFORMED THE TRAVEL FROM MARCH AIR FORCE BASE TO ARLINGTON, CALIFORNIA, YOU ARE ENTITLED, ON THE PRESENT RECORD, ONLY TO MILEAGE FOR THE DISTANCE (APPROXIMATELY 17 MILES) BETWEEN THOSE POINTS.

ACCORDINGLY, SETTLEMENT WILL ISSUE FOR THE CORRECT AMOUNT FOUND TO BE DUE ON THAT BASIS.