B-131374, JUN. 24, 1957

B-131374: Jun 24, 1957

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JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 29. THE TRAVEL IN QUESTION WAS PERFORMED PURSUANT TO LETTER ORDERS DATED JUNE 19. THE RECORD OF YOUR TRIAL WAS THEN FORWARDED TO THE JUDGE ADVOCATE GENERAL OF THE UNITED STATES AIR FORCE FOR REVIEW BY A BOARD OF REVIEW. YOU WERE RELIEVED OF YOUR OVERSEAS ASSIGNMENT AND ORDERED TO PARKS AIR FORCE BASE. YOUR DEPENDENTS WERE ORDERED RETURNED TO THE UNITED STATES BY ORDERS OF JUNE 19 AND JULY 30. OUR CLAIMS DIVISION ACTION WAS TAKEN ON YOUR CLAIM PRIOR TO COMPLETION OF APPELLATE REVIEW. THE RECORD NOW SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY ON JANUARY 17. THE AFFIRMED SENTENCE IS APPROVED AND WILL BE DULY EXECUTED. UNDER OTHER THAN HONORABLE CONDITIONS" WILL NOT BE ENTITLED TO TRANSPORTATION OF DEPENDENTS IN CONNECTION WITH SUCH SEPARATION.

B-131374, JUN. 24, 1957

TO MR. THOMAS G. PETERSEN, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 29, 1957, CONCERNING THE ACTION TAKEN IN OUR SETTLEMENT DATED JANUARY 23, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS (WIFE AND DAUGHTER) FROM FORT MASON, CALIFORNIA, TO RESEDA, CALIFORNIA, DURING THE PERIOD JULY 13 TO AUGUST 28, 1956.

THE TRAVEL IN QUESTION WAS PERFORMED PURSUANT TO LETTER ORDERS DATED JUNE 19, 1956, AND JULY 30, 1956, AUTHORIZING THE RETURN OF YOUR DEPENDENTS FROM JAPAN TO THE UNITED STATES.

AT THE TIME OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED JANUARY 23, 1957, THE RECORD, AS FURNISHED US BY THE DEPARTMENT OF THE AIR FORCE, SHOWS THAT YOU HAD BEEN TRIED AND FOUND GUILTY BY A GENERAL COURT-MARTIAL AT YOUR OVERSEAS STATION, APO 994, AND THAT THE CONVENING AUTHORITY APPROVED SO MUCH OF THE SENTENCE (GENERAL COURT-MARTIAL ORDER NO. 3, DATED JULY 27, 1956), AS PROVIDED FOR YOUR DISMISSAL FROM THE SERVICE. THE RECORD OF YOUR TRIAL WAS THEN FORWARDED TO THE JUDGE ADVOCATE GENERAL OF THE UNITED STATES AIR FORCE FOR REVIEW BY A BOARD OF REVIEW. BY ORDERS DATED JULY 31, 1956, YOU WERE RELIEVED OF YOUR OVERSEAS ASSIGNMENT AND ORDERED TO PARKS AIR FORCE BASE, CALIFORNIA, PENDING APPELLATE REVIEW OF THE SENTENCE OF DISMISSAL FROM THE SERVICE. BECAUSE OF YOUR STATUS, YOUR DEPENDENTS WERE ORDERED RETURNED TO THE UNITED STATES BY ORDERS OF JUNE 19 AND JULY 30, 1956. OUR CLAIMS DIVISION ACTION WAS TAKEN ON YOUR CLAIM PRIOR TO COMPLETION OF APPELLATE REVIEW.

THE RECORD NOW SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY ON JANUARY 17, 1957, AND THAT BY GENERAL COURT-MARTIAL ORDER NO. 2, DEPARTMENT OF THE AIR FORCE, DATED FEBRUARY 28, 1957, THE JUDGE ADVOCATE GENERAL OF THE UNITED STATES AIR FORCE CONCURRED IN THE DECISION OF THE BOARD OF REVIEW AS TO THE FINDINGS OF GUILTY AND THE SENTENCE AS APPROVED. THE SECRETARY OF THE AIR FORCE TOOK THE FOLLOWING ACTION:

"IN THE FOREGOING CASE OF MAJOR THOMAS G. PETERSEN, JR., AO 736 334, 1954TH AACS SQUADRON, APO 994, THE AFFIRMED SENTENCE IS APPROVED AND WILL BE DULY EXECUTED, BUT, PURSUANT TO THE AUTHORITY VESTED IN ME BY THE UNIFORM CODE OF MILITARY JUSTICE, ARTICLE 74 (B), I HEREBY SUBSTITUTE AN ADMINISTRATIVE DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS (DD FORM 794 AF) FOR THE DISMISSAL ADJUDGED AND AFFIRMED. * * *"

PARAGRAPH 7011-5, JOINT TRAVEL REGULATIONS, PROVIDES THAT A MEMBER SEPARATED FROM THE SERVICE ,UNDER OTHER THAN HONORABLE CONDITIONS" WILL NOT BE ENTITLED TO TRANSPORTATION OF DEPENDENTS IN CONNECTION WITH SUCH SEPARATION. SINCE YOUR DISCHARGE WAS UNDER OTHER THAN HONORABLE CONDITIONS, REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL IS PRECLUDED BY THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR REIMBURSING YOU FOR YOUR DEPENDENTS' TRAVEL FROM FORT MASON (PORT OF DEBARKATION) TO RESEDA, CALIFORNIA. WE REGRET THAT OUR SETTLEMENT USED THE TERM ,DISMISSED" IN REFERRING TO YOUR SEPARATION FROM THE SERVICE. OUR ORIGINAL SETTLEMENT SHOULD HAVE BEEN HELD IN ABEYANCE PENDING COMPLETION OF APPELLATE REVIEW.