B-134581, FEB. 6, 1958

B-134581, FEB. 6, 1958

TO CAPTAIN J. COFFMAN, USAF, FINANCE OFFICER, THROUGH DIRECTORATE OF ACCOUNTING AND FINANCE:

BY LETTER DATED DECEMBER 2, 1957, THE DIRECTOR OF ACCOUNTING AND FINANCE, DEPARTMENT OF THE AIR FORCE, FORWARDED YOUR LETTER OF AUGUST 22, 1957, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO WHETHER LIEUTENANT COLONEL JESSE ZELLNER, USAF, RETIRED, IS ENTITLED TO REIMBURSEMENT (MONETARY ALLOWANCE) FOR TRAVEL OF HIS DEPENDENT WIFE, AND SON, AGE 16, FROM FAYETTEVILLE, NORTH CAROLINA, TO NASHVILLE, TENNESSEE, UNDER THE FACTS AND CIRCUMSTANCES RELATED BELOW.

BY SPECIAL ORDERS NO. 16 DATED JANUARY 21, 1957, COLONEL ZELLNER WAS RELIEVED FROM ASSIGNMENT AND DUTY WITH HEADQUARTERS, 464TH TROOP CARRIER WING (M), UNITED STATES AIR FORCE, POPE AIR FORCE BASE, FORT BRAGG, NORTH CAROLINA, AND ASSIGNED TO THE 3810TH USAF HOSPITAL, MAXWELL AIR FORCE BASE (MONTGOMERY), ALABAMA, WITH INSTRUCTIONS TO REPORT TO "PNT SQ SEC" ON OR ABOUT FEBRUARY 1, 1957. BY SPECIAL ORDERS NO. 56, DATED MARCH 22, 1957, COLONEL ZELLNER WAS RELIEVED FROM HIS ASSIGNMENT AS A PATIENT AT THE 3810TH USAF HOSPITAL, MAXWELL AIR FORCE BASE, ALABAMA, AND DIRECTED TO PROCEED TO "HIS HOME OF SELECTION" FOR THE PURPOSE OF RETIREMENT EFFECTIVE APRIL 3, 1957.

THE RECORD SHOWS THAT COLONEL ZELLNER PERFORMED TRAVEL FROM MONTGOMERY, ALABAMA, TO NASHVILLE, TENNESSEE, AND HAS BEEN ALLOWED MILEAGE BASED UPON THE OFFICIAL DISTANCE OF 303 MILES. HIS PRESENT CLAIM FOR DEPENDENTS' TRAVEL JUNE 6-8, 1957, TO THE "SELECTED HOME" FROM FAYETTEVILLE, PRESUMABLY THE PLACE WHERE THE MEMBER RESIDED WHILE ON PERMANENT DUTY AT FORT BRAGG, INVOLVES AN OFFICIAL DISTANCE OF 706 MILES. YOUR QUESTION IS WHETHER COLONEL ZELLNER'S ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS IS LIMITED TO THE DISTANCE FROM MONTGOMERY TO NASHVILLE BY PARAGRAPH 7004-5B OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT WHEN A PATIENT IS ORDERED HOME FOR SEPARATION, TRANSPORTATION FOR HIS DEPENDENTS IS AUTHORIZED FROM THE PLACE WHERE THEY THEN ARE TO THE PLACE THE MEMBER ELECTS FOR PERSONAL MILEAGE UNDER CHAPTER 4, PART D, JOINT TRAVEL REGULATIONS, NOT IN EXCESS OF THAT WHICH WOULD HAVE BEEN ALLOWED HAD THEY BEEN LOCATED IN THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED.

SINCE SUBPARAGRAPHS 1, 2, AND 3 OF PARAGRAPH 7004, JOINT TRAVEL REGULATIONS, CONCERN THE FURNISHING OF TRANSPORTATION FOR DEPENDENTS TO THE HOSPITAL OR OTHERWISE AUTHORIZED PLACE INCIDENT TO ORDERS TRANSFERRING A MEMBER TO A HOSPITAL AS A PATIENT, CONDITIONED UPON THE ISSUANCE OF THE CERTIFICATE REQUIRED BY SUBPARAGRAPH 4, IT APPEARS REASONABLE TO CONCLUDE THAT SUBPARAGRAPHS 5A AND 5B CONCERNING TRANSPORTATION FOR DEPENDENTS UPON THE MEMBER'S RELEASE FROM A HOSPITAL, ARE APPLICABLE ONLY IN CASES WHERE DEPENDENTS HAVE BEEN TRANSPORTED AT GOVERNMENT EXPENSE INCIDENT TO THE ORDERS TRANSFERRING THE PATIENT TO THE HOSPITAL.

IN THE INSTANT CASE IT APPEARS THAT NO TRANSPORTATION FOR DEPENDENTS INCIDENT TO THE MEMBER'S TRANSFER TO THE HOSPITAL WAS FURNISHED SINCE YOU STATE THAT NO CERTIFICATE SUCH AS THAT CONTEMPLATED BY PARAGRAPH 7004-4, JOINT TRAVEL REGULATION, WAS ISSUED. HENCE, COLONEL ZELLNER IS ENTITLED TO TRANSPORTATION OF DEPENDENTS TO HIS SELECTED HOME COMPUTED ON THE BASIS OF HIS PERMANENT CHANGE OF STATION FROM LAST DUTY STATION TO HOME.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE ..END :