B-132713, SEP. 20, 1957

B-132713: Sep 20, 1957

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WAS ADMITTED AS A PATIENT TO THE 3810TH U.S. WAS DISCHARGED THEREFROM ON JANUARY 22. HE WAS RELEASED FROM ASSIGNMENT TO THE 2ND FIELD MAINTENANCE SQUADRON (SAC) AND ASSIGNED TO THE 3810TH AIR FORCE HOSPITAL AT THE MAXWELL AIR FORCE BASE. HE WAS RELEASED FROM ASSIGNMENT TO THE 3810TH AIR FORCE HOSPITAL. WAS ORDERED TO BE RETIRED EFFECTIVE JANUARY 31. HE WAS RELEASED AS A PATIENT ASSIGNED TO THE 3810TH AIR FORCE HOSPITAL AND ATTACHED TO THE VETERANS ADMINISTRATION HOSPITAL AT DUBLIN. WAS DIRECTED TO PROCEED ABOUT JANUARY 18. A CERTIFICATE WAS ISSUED BY THE EXECUTIVE OFFICER AT THE 3810TH AIR FORCE HOSPITAL. THAT HIS PERIOD OF HOSPITALIZATION WAS EXPECTED TO BE PROLONGED. WAS ALLOWED IN THE AMOUNT OF $10.80 ONLY ON THE BASIS OF THE MILEAGE INVOLVED IN TRAVEL FROM SERGEANT JOHNSTON'S LAST DUTY STATION.

B-132713, SEP. 20, 1957

TO MRS. BERNICE P. JOHNSTON:

BY LETTER DATED JULY 12, 1957, OUR CLAIMS DIVISION ADVISED YOU THAT WE HAD UNDER CONSIDERATION YOUR CLAIM FOR DISLOCATION ALLOWANCE ON COMPLETION OF TRAVEL OF YOURSELF AND CHILD FROM HUNTER AIR FORCE BASE, GEORGIA, TO THE U.S. AIR FORCE HOSPITAL, MAXWELL AIR FORCE BASE, ALABAMA, AND YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL FROM MAXWELL AIR FORCE BASE TO ALMA, GEORGIA, LESS AMOUNT PREVIOUSLY PAID YOU ON OUR SETTLEMENT OF OCTOBER 9, 1956, FOR TRAVEL AS FROM DUBLIN TO ALMA, GEORGIA.

THE RECORD SHOWS THAT YOUR LATE HUSBAND, MASTER SERGEANT TROY WAYNE JOHNSTON, WAS ADMITTED AS A PATIENT TO THE 3810TH U.S. AIR FORCE HOSPITAL, MAXWELL AIR FORCE BASE, ALABAMA, ON OCTOBER 19, 1955, AND WAS DISCHARGED THEREFROM ON JANUARY 22, 1956. BY SPECIAL ORDERS NO. 267, DATED NOVEMBER 12, 1955, HEADQUARTERS, 38TH AIR DIVISION (SAC), HUNTER AIR FORCE BASE, SAVANNAH, GEORGIA, HE WAS RELEASED FROM ASSIGNMENT TO THE 2ND FIELD MAINTENANCE SQUADRON (SAC) AND ASSIGNED TO THE 3810TH AIR FORCE HOSPITAL AT THE MAXWELL AIR FORCE BASE. BY SPECIAL ORDERS NO. 10, DATED JANUARY 16, 1956, DEPARTMENT OF THE AIR FORCE, WASHINGTON, D.C., HE WAS RELEASED FROM ASSIGNMENT TO THE 3810TH AIR FORCE HOSPITAL, AND FROM DUTY STATION, DUBLIN, GEORGIA, AND WAS ORDERED TO BE RETIRED EFFECTIVE JANUARY 31, 1956.

BY SPECIAL ORDERS NO. 12, DATED JANUARY 18, 1956, 3800TH AIR BASE WING, MAXWELL AIR FORCE BASE, HE WAS RELEASED AS A PATIENT ASSIGNED TO THE 3810TH AIR FORCE HOSPITAL AND ATTACHED TO THE VETERANS ADMINISTRATION HOSPITAL AT DUBLIN, GEORGIA, PENDING SEPARATION INSTRUCTIONS FROM THE DIRECTOR OF MILITARY PERSONNEL, UNITED STATES AIR FORCE, WASHINGTON, D.C. AND WAS DIRECTED TO PROCEED ABOUT JANUARY 18, 1956, AND REPORT TO THE VETERANS ADMINISTRATION HOSPITAL NOT LATER THAN JANUARY 19, 1956, FOR HOSPITALIZATION. UNDER DATE OF JANUARY 18, 1956, A CERTIFICATE WAS ISSUED BY THE EXECUTIVE OFFICER AT THE 3810TH AIR FORCE HOSPITAL, CERTIFYING THAT THE SOLDIER HAD BEEN ADMITTED TO THAT HOSPITAL ON OCTOBER 19, 1955, AND THAT HIS PERIOD OF HOSPITALIZATION WAS EXPECTED TO BE PROLONGED. YOUR CLAIM FOR TRANSPORTATION OF YOURSELF AND DAUGHTER FROM MAXWELL AIR FORCE BASE TO ALMA, GEORGIA, BY SETTLEMENT OF OCTOBER 9,1956, WAS ALLOWED IN THE AMOUNT OF $10.80 ONLY ON THE BASIS OF THE MILEAGE INVOLVED IN TRAVEL FROM SERGEANT JOHNSTON'S LAST DUTY STATION, DUBLIN, GEORGIA, TO HIS HOME ON RETIREMENT, ALMA, GEORGIA.

THE APPLICABLE REGULATIONS ARE CONTAINED IN PARAGRAPH 7004 OF THE JOINT TRAVEL REGULATIONS. IT IS PROVIDED IN SUBPARAGRAPH 1 THEREOF, SUBJECT TO SUBPARAGRAPH 4, THAT WHEN A MEMBER IS TRANSFERRED FROM EITHER A TEMPORARY OR PERMANENT DUTY STATION TO A HOSPITAL OR FROM A HOSPITAL WHERE LISTED AS A PATIENT TO ANOTHER HOSPITAL FOR OBSERVATION AND TREATMENT, TRANSPORTATION OF HIS DEPENDENTS IS AUTHORIZED, AS FOR A PERMANENT CHANGE OF STATION, FROM THE LAST PERMANENT DUTY STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED. SUBPARAGRAPH 4 THEREOF PROVIDES THAT WHEN A MEMBER IS HOSPITALIZED AND A CERTIFICATE IS EXECUTED BY THE COMMANDING OFFICER OF THE HOSPITAL SETTING FORTH THAT THE PERIOD OF TREATMENT CAN BE EXPECTED TO BE PROLONGED, DEPENDENTS MAY BE TRANSPORTED AT GOVERNMENT EXPENSE AS PRESCRIBED IN SUBPARAGRAPH 1. THUS, THE REGULATIONS CONTEMPLATE THAT THE REQUIRED CERTIFICATE SHALL BE PROSPECTIVE IN NATURE. IT FOLLOWS THAT A CERTIFICATE ISSUED, AS IN THIS CASE, UPON THE EXPIRATION OF A PERIOD OF TREATMENT AND AFTER ORDERS HAD BEEN ISSUED WHICH RELEASED THE SOLDIER FROM THE HOSPITAL AND DIRECTED HIS RETIREMENT, MAY NOT BE ACCEPTED AS COMPLYING WITH THE REGULATIONS.

WITH RESPECT TO YOUR CLAIM FOR DISLOCATION ALLOWANCE FOR A MOVE FROM HUNTER AIR FORCE BASE TO MAXWELL AIR FORCE BASE, YOU ARE ADVISED THAT SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, BY SECTION 2 (12) OF THE ACT OF MARCH 31, 1955, 69 STAT. 18, 21, AUTHORIZES THE PAYMENT OF DISLOCATION ALLOWANCE TO MEMBERS OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS "PERMANENT CHANGE OF STATION" UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED. HOWEVER, THE ORDERS OF NOVEMBER 12, 1955, HEREINBEFORE REFERRED TO, RELEASING SERGEANT JOHNSTON FROM HIS ASSIGNMENT TO THE 2ND FIELD MAINTENANCE SQUADRON AND ASSIGNING HIM IN A PATIENT STATUS TO THE 3810TH AIR FORCE HOSPITAL AT THE MAXWELL AIR FORCE BASE, DID NOT EFFECT A "PERMANENT CHANGE OF STATION" WITHIN THE MEANING OF THE CITED ACT, AS AMENDED. THUS, EVEN IF THE CERTIFICATE OF JANUARY 18, 1956, COULD BE ACCEPTED SO AS TO AUTHORIZE REIMBURSEMENT FOR THE TRAVEL PERFORMED BY YOU AND YOUR DAUGHTER BETWEEN THE INDICATED POINTS, THERE WOULD BE NO LEGAL BASIS FOR PAYMENT OF YOUR CLAIM FOR DISLOCATION ALLOWANCE. 132046, JULY 11, 1957. ACCORDINGLY, THAT CLAIM IS DENIED AND THE SETTLEMENT OF OCTOBER 9, 1956, IS SUSTAINED.