B-135481, APR. 15, 1958

B-135481: Apr 15, 1958

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YOU WERE RELEASED FROM ACTIVE DUTY AND RETURNED TO INACTIVE STATUS. YOU WERE PLACED ON THE ARMY OF THE UNITED STATES RETIRED LIST IN THE GRADE OF COLONEL WITH ENTITLEMENT TO RETIREMENT PAY FROM MAY 1. YOU WERE ALLOWED THE ADDITIONAL SUM OF $333.50 FOR COMMERCIAL WATER TRANSPORTATION FOR YOU AND YOUR WIFE FROM SAN FRANCISCO TO HONOLULU. YOU WERE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCE TO YOUR HOME OF RECORD WHICH WAS LANCASTER. YOU WERE ALLOWED THE SUM OF $59.58 FOR TRAVEL TO LANCASTER. WHICH YOU HAVE REPAID TO THE GOVERNMENT. PERMITTING A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED FOR PHYSICAL DISABILITY OR PLACED UPON THE TEMPORARY DISABILITY RETIRED LIST. OR IS RETIRED WITH PAY FOR ANY REASON.

B-135481, APR. 15, 1958

TO COLONEL JOHN A. MALONE, RETIRED:

YOUR LETTER OF JANUARY 31, 1958, ADDRESSED TO THE DEPARTMENT OF THE ARMY AND FORWARDED HERE UNDER DATE OF FEBRUARY 17, 1958, REQUESTS REVIEW OF THE ACTION TAKEN BY OUR OFFICE ON DECEMBER 27, 1957, IN THE SETTLEMENT OF YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF AIR TRANSPORTATION FOR YOU AND YOUR WIFE AND THE SHIPMENT OF YOUR AUTOMOBILE FROM SAN FRANCISCO, CALIFORNIA, TO HONOLULU, HAWAII.

BY ORDERS DATED APRIL 24, 1952, YOU WERE RELEASED FROM ACTIVE DUTY AND RETURNED TO INACTIVE STATUS. ON APRIL 30, 1952, YOU WERE PLACED ON THE ARMY OF THE UNITED STATES RETIRED LIST IN THE GRADE OF COLONEL WITH ENTITLEMENT TO RETIREMENT PAY FROM MAY 1, 1952. ON NOVEMBER 4, 1952, YOU TRAVELED WITH YOUR WIFE FROM MINNEAPOLIS, MINNESOTA, TO SAN FRANCISCO, CALIFORNIA, AND FROM THERE TO OAHU, TERRITORY OF HAWAII. PURSUANT TO THE AUTHORITY CONTAINED IN THE ACT OF AUGUST 11, 1955, 69 STAT. 691, OUR OFFICE ISSUED SETTLEMENT TO YOU ON SEPTEMBER 17, 1957, IN THE SUM OF $257.04 REPRESENTING MILEAGE FOR PERSONAL TRAVEL AND TRANSPORTATION OF YOUR WIFE FROM MINNEAPOLIS, MINNESOTA, TO SAN FRANCISCO, CALIFORNIA. SETTLEMENT DATED DECEMBER 27, 1957, YOU WERE ALLOWED THE ADDITIONAL SUM OF $333.50 FOR COMMERCIAL WATER TRANSPORTATION FOR YOU AND YOUR WIFE FROM SAN FRANCISCO TO HONOLULU. YOU NOW CLAIM ADDITIONAL REIMBURSEMENT FOR THIS TRAVEL BASED ON THE COST OF AIR TRAVEL FROM SAN FRANCISCO TO HONOLULU. YOU NOW CLAIM ADDITIONAL REIMBURSEMENT FOR THIS TRAVEL BASED ON THE COST OF AIR TRAVEL FROM SAN FRANCISCO TO HAWAII AND THE COST OF SHIPPING YOUR AUTOMOBILE.

UNDER THE LAWS AND REGULATIONS IN EFFECT AT THE TIME OF YOUR RETIREMENT, YOU WERE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCE TO YOUR HOME OF RECORD WHICH WAS LANCASTER, PENNSYLVANIA. YOU WERE ALLOWED THE SUM OF $59.58 FOR TRAVEL TO LANCASTER, WHICH YOU HAVE REPAID TO THE GOVERNMENT.

THE ACT OF AUGUST 11, 1955, 69 STAT. 691, AMENDED SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, TO AUTHORIZE THE PROMULGATION OF REGULATIONS RETROACTIVE TO APRIL 1, 1951, PERMITTING A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED FOR PHYSICAL DISABILITY OR PLACED UPON THE TEMPORARY DISABILITY RETIRED LIST, OR IS RETIRED WITH PAY FOR ANY REASON, OR IS DISCHARGED WITH SEVERANCE PAY IMMEDIATELY FOLLOWING AT LEAST EIGHT YEARS OF CONTINUOUS ACTIVE DUTY (NO SINGLE BREAK THEREIN OF MORE THAN 90 DAYS), TO SELECT A HOME AND TO RECEIVE THE AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL TO SUCH HOME. REGULATIONS PROVIDING FOR ADJUSTMENTS OF TRAVEL AND TRANSPORTATION ALLOWANCES FOR THE PERIOD APRIL 1, 1951, TO AUGUST 11, 1955, ARE CONTAINED IN APPENDIX D TO THE JOINT TRAVEL REGULATIONS. THESE REGULATIONS AUTHORIZE ADDITIONAL PAYMENT TO ELIGIBLE MEMBERS BASED UPON A COMPUTATION OF SUCH ALLOWANCES FOR THE OFFICIAL DISTANCE FROM THE MEMBER'S LAST DUTY STATION TO HIS HOME OF SELECTION LESS THE AMOUNT OF SUCH ALLOWANCES PREVIOUSLY PAID (OR TRANSPORTATION FURNISHED). NEITHER THE ACT NOR THE REGULATIONS ISSUED PURSUANT THERETO, HOWEVER, REQUIRE THAT A MEMBER WHO PERFORMED TRAVEL TO A SELECTED HOME WITHIN THE TIME LIMITS PRESCRIBED IN SECTION 3 OF THE ACT OF AUGUST 11, 1955, SHALL BE REIMBURSED ON THE BASIS OF THE COST ACTUALLY INCURRED FOR SUCH TRAVEL BY THE MODE OF TRANSPORTATION CHOSEN BY HIM. HAD YOU AND YOUR DEPENDENT BEEN ELIGIBLE FOR TRANSPORTATION AT PUBLIC EXPENSE FROM SAN FRANCISCO TO HAWAII AT THE TIME THE TRAVEL WAS PERFORMED YOU WOULD HAVE BEEN FURNISHED TRANSPORTATION BY GOVERNMENT TRANSPORT, OR REIMBURSED FOR TRAVEL AT PERSONAL EXPENSE IN AN AMOUNT NOT TO EXCEED THE LOWEST FIRST CLASS FARE FOR SURFACE TRANSPORTATION BETWEEN THE POINTS INVOLVED. YOU HAVE BEEN REIMBURSED ON THIS BASIS AND THERE IS NO AUTHORITY FOR THE PAYMENT TO YOU OF ANY ADDITIONAL AMOUNT.

CONCERNING YOUR CONTENTION THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF SHIPPING YOUR AUTOMOBILE TO HAWAII ON THE BASIS THAT IT IS PART OF YOUR HOUSEHOLD EFFECTS YOU ARE ADVISED THAT SECTION 209 OF THE ACT OF JUNE 29, 1932, 47 STAT. 405, PROVIDES THAT NO LAW OR REGULATION AUTHORIZING OR PERMITTING THE TRANSPORTATION AT GOVERNMENT EXPENSE OF THE EFFECTS OF OFFICERS, EMPLOYEES, OR OTHER PERSONS, SHALL BE CONSTRUED OR APPLIED AS INCLUDING OR AUTHORIZING THE TRANSPORTATION OF AN AUTOMOBILE. CHAPTER 8, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303, OF THE CAREER COMPENSATION ACT OF 1949, PROVIDING FOR TRANSPORTATION OF HOUSEHOLD AND PERSONAL EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES AT PUBLIC EXPENSE, SPECIFICALLY EXCLUDES AUTOMOBILES. THERE IS, THEREFORE, NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR THE CHARGES INCURRED BY YOU IN TRANSPORTING YOUR AUTOMOBILE TO HAWAII. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 27, 1957, WAS CORRECT AND IS SUSTAINED.