B-129130, OCT. 25, 1956

B-129130, OCT. 25, 1956

TO MASTER SERGEANT TILLMAN L. SHELTON, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 15, 1956, REQUESTING REVIEW OF THE SETTLEMENT OF JULY 25, 1956, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE AND TRAVEL OF DEPENDENTS FROM MEMPHIS, TENNESSEE, TO DEL CITY, OKLAHOMA.

BY ORDERS DATED FEBRUARY 7, 1956, YOU WERE RELEASED FROM ASSIGNMENT AT AN OVERSEAS STATION, AND ASSIGNED TO TINKER AIR FORCE BASE, OKLAHOMA. THE ORDERS REQUIRED YOU TO PROCEED BY GOVERNMENT AIR FROM YOUR OVERSEAS STATION TO TRAVIS AIR FORCE BASE, CALIFORNIA, AND AUTHORIZED TRAVEL BY PRIVATELY OWNED CONVEYANCE FROM THAT POINT TO YOUR NEW STATION WITH DELAY EN ROUTE AT MEMPHIS, TENNESSEE. YOUR AIR TRAVEL WAS PERFORMED ON FEBRUARY 7 AND 8, 1956, AND YOU COMPLETED TRAVEL TO YOUR NEW STATION, I.E., FROM TRAVIS AIR FORCE BASE TO TINKER AIR FORCE BASE, BY THE METHOD AUTHORIZED DURING THE PERIOD FEBRUARY 8 TO 26, 1956. YOUR DEPENDENTS ACCOMPANIED YOU FROM MEMPHIS, TENNESSEE, TO DEL CITY, OKLAHOMA. YOU ARRIVED AT TINKER AIR FORCE BASE AT 10 P.M. ON FEBRUARY 26, 1956, AND SUBMITTED YOUR RESIGNATION THE NEXT DAY. AS A RESULT OF YOUR ACTION YOU WERE DISCHARGED EFFECTIVE MARCH 1, 1956. ON MARCH 2, 1956, YOU REENLISTED AT KEESLER AIR FORCE BASE, MISSISSIPPI.

IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $4.05 AS PER DIEM, LESS QUARTERS AND MEALS, FOR THE AIR TRAVEL. YOUR CLAIM FOR DISLOCATION ALLOWANCE AND TRAVEL OF DEPENDENTS, HOWEVER, WAS DISALLOWED FOR THE REASON THAT THE TRAVEL TO DEL CITY DID NOT RESULT IN A CHANGE OF RESIDENCE, AND THAT THE TRAVEL WAS NO MORE THAN A VISIT. IN YOUR PRESENT LETTER YOU STATE THAT THE TRAVEL WAS PERFORMED WITH THE INTENTION OF ESTABLISHING A RESIDENCE AT TINKER AIR FORCE BASE; THAT YOU PUT YOUR HOUSE UP FOR SALE AND YOUR WIFE RESIGNED HER JOB, BUT THAT, FOR PERSONAL REASONS, YOU EXERCISED YOUR PREROGATIVE TO RESIGN AFTER ARRIVAL AT THE STATION.

UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED BY SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, AND CONTROLLING REGULATIONS ISSUED PURSUANT THERETO, A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE INCIDENT TO A PERMANENT CHANGE OF STATION, MAY BE PAID A DISLOCATION ALLOWANCE AND RECEIVE REIMBURSEMENT FOR THEIR TRAVEL. HOWEVER, NEITHER THE DISLOCATION ALLOWANCE NOR REIMBURSEMENT FOR TRAVEL OF THE DEPENDENTS IS AUTHORIZED UNLESS THE TRAVEL IS FOR THE PURPOSE OF ESTABLISHING A RESIDENCE AT THE POINT TO WHICH TRAVEL IS PERFORMED. SINCE THE RECORD SHOWS THAT YOU SUBMITTED YOUR RESIGNATION WITHIN HOURS AFTER YOU ARRIVED AT YOUR NEW STATION AND REENLISTED AT ANOTHER STATION A FEW DAYS LATER, IT APPEARS THAT THE TRAVEL CONSTITUTED NO MORE THAN A VISIT AND WAS NOT A MOVE FOR WHICH THE LAW PERMITS REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS AND THE PAYMENT OF A DISLOCATION ALLOWANCE. ACCORDINGLY, ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED. IF YOU ARE ABLE TO FURNISH EVIDENCE ESTABLISHING THAT THE TRAVEL FROM MEMPHIS TO TINKER AIR FORCE BASE WAS FOR THE PURPOSE OF ESTABLISHING A RESIDENCE THERE, YOUR CLAIM WILL BE GIVEN FURTHER CONSIDERATION. SUCH EVIDENCE MAY BE IN THE FORM OF AFFIDAVITS SUBSTANTIATING YOUR ALLEGATION THAT YOUR HOME AT MEMPHIS WAS OFFERED FOR SALE; THAT YOUR WIFE RESIGNED HER JOB, AND THAT SUCH ACTIONS WERE TAKEN SHORTLY BEFORE THE TRAVEL TO TINKER AIR FORCE BASE BECAUSE OF YOUR INTENTION TO ESTABLISH A RESIDENCE THERE.

SINCE IT APPEARS THAT YOU HAVE NOT RECEIVED AN ALLOWANCE FOR YOUR TRAVEL FROM TRAVIS AIR FORCE BASE TO TINKER AIR FORCE BASE, A SETTLEMENT FOR THE PROPER AMOUNT PAYABLE FOR SUCH TRAVEL WILL ISSUE IN DUE COURSE.