B-133689, DEC. 11, 1957

B-133689, DEC. 11, 1957

TO LIEUTENANT COMMANDER HAROLD P. WESTROPP, USN, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 21, 1957, AND ENCLOSURE, REQUESTING REVIEW OF THAT PART OF SETTLEMENT DATED JULY 9, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR SUBSISTENCE EXPENSES, IN THE AMOUNT OF $37.50, FOR YOURSELF AND YOUR DEPENDENTS, WHILE TRAVELING FROM SAN FRANCISCO, CALIFORNIA, TO PEARL HARBOR, TERRITORY OF HAWAII, IS THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED SEPTEMBER 5, 1946, AND ENDORSEMENTS THERETO, YOU WERE DETACHED FROM DUTY AT SAN FRANCISCO, CALIFORNIA, AND DIRECTED TO PROCEED TO YOUR HOME FOR RETIREMENT EFFECTIVE JANUARY 1, 1947. IT APPEARS THAT FOLLOWING YOUR DETACHMENT FROM DUTY AT SAN FRANCISCO YOU REQUESTED GOVERNMENT TRANSPORTATION FOR YOURSELF AND YOUR DEPENDENTS FROM SAN FRANCISCO, CALIFORNIA, TO ESPIRITU SANTO, NEW HEBRIDES, THE PLACE PREVIOUSLY DESIGNATED BY YOU TO BE YOUR HOME SUBSEQUENT TO YOUR RETIREMENT. THAT REQUEST FOR TRANSPORTATION WAS REFUSED BECAUSE THE SELECTED HOME WAS NOT LOCATED IN A UNITED STATES POSSESSION. THEN ON NOVEMBER 4, 1946, YOU DESIGNATED PAGO PAGO, SAMOA, A UNITED STATES POSSESSION, AS YOUR HOME AND REQUESTED TRANSPORTATION TO THAT PLACE. FURTHER APPEARS THAT YOU WERE OFFICIALLY INFORMED THAT NO IMMEDIATE TRANSPORTATION TO SAMOA WAS AVAILABLE, AND THAT YOU AND YOUR DEPENDENTS (WIFE AND THREE CHILDREN) WERE FURNISHED TRANSPORTATION FROM SAN FRANCISCO, CALIFORNIA, TO PEARL HARBOR, TERRITORY OF HAWAII, ABOARD THE U.S.S. HAVEN (AH-12), BETWEEN JANUARY 2 AND 8, 1947. YOU SAY THAT YOU WERE REQUIRED TO PAY FOR SUBSISTENCE ($37.50) FOR YOURSELF AND DEPENDENTS WHILE TRAVELING ABOARD THAT VESSEL. ALSO, IT APPEARS THAT IN APRIL 1947, AFTER BEING INFORMED THAT THERE WAS NO SUITABLE HOUSING FOR YOU AND YOUR FAMILY AT SAMOA, YOU REDESIGNATED ESPIRITU SANTO, NEW HEBRIDES, AS YOUR SELECTED HOME AND REQUESTED TRANSPORTATION FROM THE TERRITORY OF HAWAII TO NEW HEBRIDES; THAT SUCH TRANSPORTATION HAS NOT BEEN FURNISHED; AND THAT YOU AND YOUR DEPENDENTS HAVE CONTINUED TO RESIDE IN THE TERRITORY OF HAWAII.

PARAGRAPH 9001-1B (2), U.S. NAVY TRAVEL INSTRUCTIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED THAT A RETIRED OFFICER OF THE REGULAR SERVICE WHO IS ORDERED HOME TO BE RETIRED IS ENTITLED TO MILEAGE UPON RELEASE FROM ACTIVE DUTY TO ANY POINT IN THE UNITED STATES OR ITS POSSESSIONS WHICH HE SELECTS AS HIS HOME, AND TO WHICH HE HAS INTENTION OF GOING WHEN RETIRED, AND "TO WHICH HE DOES ACTUALLY GO.' PARAGRAPH 8066 OF THE SAME REGULATIONS PROVIDED THAT TRANSPORTATION OF DEPENDENTS IS AUTHORIZED WHEN AN OFFICER OF THE REGULAR NAVY IS ORDERED TO HIS HOME IN CONNECTION WITH RETIREMENT, FROM THE LAST PERMANENT DUTY STATION TO ANY HOME ADDRESS AS MAY BE SELECTED BY THE OFFICER CONCERNED IN THE UNITED STATES OR ITS POSSESSIONS, PROVIDED TRAVEL TO THE HOME SELECTED IS PERFORMED WITHIN ONE YEAR AFTER DATE OF RETIREMENT OR DETACHMENT, OR WITHIN ONE YEAR AFTER THE TERMINATION OF THE WAR (AS DETERMINED BY CONGRESS OR THE PRESIDENT), WHICHEVER IS LATER. PARAGRAPH 8103 OF THE REGULATIONS PROVIDED THAT SUBSISTENCE OF DEPENDENTS AT GOVERNMENT EXPENSE DURING TRAVEL IS NOT AUTHORIZED, EXCEPT WHEN COMMERCIAL TRANSPORTATION BY WATER OR AIR IS FURNISHED AND SUBSISTENCE IS NOT SEPARABLE FROM THE COST OF TRANSPORTATION.

EVEN IF YOUR TRAVEL AS PERFORMED ABOARD A GOVERNMENT VESSEL FROM SAN FRANCISCO, CALIFORNIA, TO PEARL HARBOR, TERRITORY OF HAWAII, SHOULD BE CONSIDERED AS TRAVEL EN ROUTE TO THE PLACE DESIGNATED AS YOUR SELECTED HOME FOLLOWING YOUR RETIREMENT, YOU DID NOT ACTUALLY COMPLETE TRAVEL TO THE PLACE SELECTED AND THERE APPEARS TO BE NO LAW OR REGULATION AUTHORIZING THE PAYMENT BY THE GOVERNMENT FOR SUBSISTENCE EXPENSES INCURRED BY YOU DURING SUCH TRAVEL. HENCE, THERE BEING NO AUTHORITY IN THE CIRCUMSTANCES APPEARING FOR THE PAYMENT OF YOUR CLAIM FOR SUBSISTENCE FOR YOURSELF OR YOUR DEPENDENTS, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT OF JULY 9, 1957, IS SUSTAINED.

THE CLAIM PRESENTED IN YOUR LETTER OF NOVEMBER 6, 1957, FOR PAYMENT UNDER PUBLIC LAW 85-255, APPROVED SEPTEMBER 2, 1957, 71 STAT. 575, WILL BE CONSIDERED BY OUR CLAIMS DIVISION AND YOU WILL BE ADVISED AT A LATER DATE OF THE ACTION TAKEN THEREON.