B-132316, AUG. 6, 1957

B-132316: Aug 6, 1957

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BINISZKIEWICZ: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 10. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF MAY 14. BECAUSE THE VOUCHER WAS NOT ACCOMPANIED BY A CERTIFICATE STATING THAT YOU HAD BEEN ADVISED THAT THE PERMANENT CHANGE OF STATION ORDERS OF DECEMBER 19. THE TIME OF YOUR EXPECTED RELEASE DATE WAS MORE THAN MERE GENERAL INFORMATION. TRAVEL ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES ARE PROVIDED FOR BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949. INCLUDED THE FOLLOWING PARAGRAPH AT THE DATE TRAVEL WAS PERFORMED BY YOUR FAMILY: "7000 ENTITLEMENT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION (SEE PAR. 3003-1) FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS.

B-132316, AUG. 6, 1957

TO DR. JOHN E. BINISZKIEWICZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 10, 1957, IN WHICH YOU REQUEST RECONSIDERATION OF OUR SETTLEMENT OF MAY 14, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY YOUR DEPENDENTS FROM DOTHAN, ALABAMA, TO BUFFALO, NEW YORK, ON NOVEMBER 19 TO 21, 1956. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF MAY 14, 1957, BECAUSE THE VOUCHER WAS NOT ACCOMPANIED BY A CERTIFICATE STATING THAT YOU HAD BEEN ADVISED THAT THE PERMANENT CHANGE OF STATION ORDERS OF DECEMBER 19, 1956, RELEASING YOU FROM ACTIVE DUTY WOULD BE ISSUED. IN YOUR LETTER OF JUNE 10, 1957, YOU STATE THAT YOUR 2-YEAR ENLISTMENT HAD A DEFINITE TERMINAL DATE WHICH COULD NOT BE CHANGED EXCEPT IN CASE OF NATIONAL EMERGENCY; THEREFORE, THE TIME OF YOUR EXPECTED RELEASE DATE WAS MORE THAN MERE GENERAL INFORMATION.

TRAVEL ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES ARE PROVIDED FOR BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, AND THE JOINT TRAVEL REGULATIONS. CHAPTER 7 OF THE JOINT TRAVEL REGULATIONS, PERTAINING TO TRAVEL OF DEPENDENTS, INCLUDED THE FOLLOWING PARAGRAPH AT THE DATE TRAVEL WAS PERFORMED BY YOUR FAMILY:

"7000 ENTITLEMENT

MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION (SEE PAR. 3003-1) FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS, EXCEPT:

9. WHERE THE DEPENDENTS DEPARTED OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF ORDERS, AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED * *

WHILE A DATE OF RELEASE MAY BE GENERALLY KNOWN AND MAY BE INCLUDED IN ORDERS TO ACTIVE DUTY, FURTHER ORDERS MUST BE ISSUED TO EFFECTUATE RELEASE, AS IS EVIDENCED BY THE ORDERS OF DECEMBER 19, 1956, IN YOUR CASE. IT IS UPON THESE ORDERS THAT YOUR ENTITLEMENT, OR LACK OF ENTITLEMENT, TO TRANSPORTATION OF DEPENDENTS RESTS. IT IS WITH REFERENCE TO THESE ORDERS THAT THE COMMANDING OFFICER MUST CERTIFY THAT YOU HAD BEEN ADVISED OF THEIR IMPENDING ISSUANCE. A SEARCH OF THE RECORD FAILS TO REVEAL ANY CERTIFICATE WHICH ADVISED YOU, PRIOR TO ISSUANCE OF ORDERS ON DECEMBER 19, 1956, THAT SUCH ORDERS WOULD BE ISSUED. THERE ARE TWO STATEMENTS, ONE DATED JULY 17, 1956, AND THE OTHER AUGUST 28, 1956, WHICH STATE THAT RECORDS INDICATED YOU WOULD BE RELEASED FROM ACTIVE DUTY ON JANUARY 4, 1957. NEITHER STATEMENT RECITED, AS REQUIRED BY THE ABOVE- QUOTED REGULATION, THAT RELEASE FROM ACTIVE DUTY ORDERS, IN YOUR CASE THE ORDERS OF DECEMBER 19, 1956, WERE BEING ISSUED.