B-135601, MAY 6, 1958

B-135601: May 6, 1958

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RETIRED: REFERENCE IS MADE TO YOUR LETTER POSTMARKED MARCH 6. AGE 7) WERE AUTHORIZED. THEY WERE FURNISHED GOVERNMENT TRANSPORTATION FROM JAPAN TO THE UNITED STATES UNDER SUCH ORDERS. 1951 YOU WERE RETURNED FROM DUTY OVERSEAS TO THE UNITED STATES AND ASSIGNED TO DUTY AT FORT BLISS. YOU WERE PAID $221.13 ON VOUCHER NO. 37102. BECAUSE OF AN EXCEPTION TAKEN BY OUR AUDITORS TO SUCH PAYMENT YOUR PAY ACCOUNT WAS CHECKED IN THE AMOUNT OF $105.12. YOUR CLAIM FOR REFUND OF THAT AMOUNT WAS DISALLOWED BY SETTLEMENT DATED JUNE 4. ON THE BASIS THAT YOU WERE ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS COMPUTED ON THE DISTANCE FROM PORT OF ENTRY. THERE WAS IN EFFECT SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942.

B-135601, MAY 6, 1958

TO LIEUTENANT COLONEL WILLIAM LUCINSKI, RETIRED:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED MARCH 6, 1958, AND ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 4, 1952, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $105.12 CHECKED IN YOUR PAY ACCOUNT BECAUSE OF AN OVERPAYMENT MADE TO YOU AS REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS, IN THE CIRCUMSTANCES SHOWN.

BY LETTER ORDER NO. 5, DATED JULY 20, 1950, YOUR DEPENDENTS (WIFE AND DAUGHTER, AGE 7) WERE AUTHORIZED, AS DISTINGUISHED FROM DIRECTED, TO PROCEED FROM YOUR STATION IN JAPAN TO THE UNITED STATES AND THENCE TO NEWBURYPORT, MASSACHUSETTS. THEY WERE FURNISHED GOVERNMENT TRANSPORTATION FROM JAPAN TO THE UNITED STATES UNDER SUCH ORDERS. BY ORDERS DATED MARCH 14 AND 31, 1951 YOU WERE RETURNED FROM DUTY OVERSEAS TO THE UNITED STATES AND ASSIGNED TO DUTY AT FORT BLISS, TEXAS. YOU CERTIFIED THAT YOUR DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM NEWBURYPORT, MASSACHUSETTS, TO FORT BLISS, TEXAS, BETWEEN MAY 12 AND 22, 1951. YOU WERE PAID $221.13 ON VOUCHER NO. 37102, IN THE JUNE 1951 ACCOUNTS OF GEORGE VAN STUDDIFORD, AS REIMBURSEMENT FOR THIS TRAVEL OF YOUR DEPENDENTS. BECAUSE OF AN EXCEPTION TAKEN BY OUR AUDITORS TO SUCH PAYMENT YOUR PAY ACCOUNT WAS CHECKED IN THE AMOUNT OF $105.12. YOUR CLAIM FOR REFUND OF THAT AMOUNT WAS DISALLOWED BY SETTLEMENT DATED JUNE 4, 1952, ON THE BASIS THAT YOU WERE ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS COMPUTED ON THE DISTANCE FROM PORT OF ENTRY, SAN FRANCISCO, CALIFORNIA, TO FORT BLISS, TEXAS, INSTEAD OF FROM NEWBURYPORT, MASSACHUSETTS, TO FORT BLISS.

AT THE TIME YOUR DEPENDENTS RETURNED FROM JAPAN TO THE UNITED STATES, THERE WAS IN EFFECT SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 365, 366, WHICH PROVIDED, AMONG OTHER THINGS, THAT WHEN ANY OFFICER HAVING DEPENDENTS AS DEFINED IN SECTION 4 OF THAT ACT WAS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES WOULD FURNISH TRANSPORTATION IN KIND TO THE NEW STATION FOR SUCH DEPENDENTS OR REIMBURSEMENT COULD BE AUTHORIZED FOR TRAVEL COMPLETED AT PERSONAL EXPENSE. THERE ALSO WAS IN EFFECT SECTION 4 (B) OF THE ACT OF JUNE 5, 1942, 56 STAT. 315, WHICH PROVIDED THAT WHEN MILITARY PERSONNEL WERE ON DUTY AT PLACES DESIGNATED BY THE SECRETARY OF WAR AS WITHIN ZONES FROM WHICH THEIR DEPENDENTS SHOULD BE EVACUATED FOR MILITARY REASONS, OR UPON TRANSFER OR ASSIGNMENT TO DUTY OF SUCH MILITARY PERSONNEL TO PLACES WHERE THEIR DEPENDENTS WERE NOT, FOR MILITARY REASONS, PERMITTED TO ACCOMPANY THEM, DEPENDENTS FOR WHOM TRAVEL ALLOWANCES AND TRAVEL IN KIND WAS AUTHORIZED COULD BE MOVED AT GOVERNMENT EXPENSE TO SUCH LOCATIONS AS MIGHT BE DESIGNATED BY THE OFFICER CONCERNED AND LATER FROM SUCH LOCATIONS TO A DUTY STATION TO WHICH SUCH OFFICER MIGHT BE ASSIGNED AND AT WHICH THE ABOVE RESTRICTIONS DID NOT APPLY.

THE ORDERS OF JULY 20, 1950, AUTHORIZING THE RETURN OF YOUR DEPENDENTS FROM JAPAN TO A DESIGNATED POINT IN THE UNITED STATES, CLEARLY WERE NOT INTENDED AS EVACUATION ORDERS. YOU ADMIT THAT YOUR DEPENDENTS WERE NOT ORDERED TO BE EVACUATED FROM JAPAN BECAUSE OF MILITARY NECESSITY. AT THE TIME OF THEIR TRAVEL TO THE UNITED STATES, INSOFAR AS THE RECORD SHOWS, YOU HAD NOT RECEIVED ORDERS DIRECTING A PERMANENT CHANGE OF STATION FOR YOU FROM JAPAN TO ANOTHER STATION OVERSEAS WHERE THEY WERE NOT, FOR MILITARY REASONS, PERMITTED TO ACCOMPANY YOU. HENCE, YOU WERE NOT ENTITLED UNDER THE CITED PROVISIONS OF THE ACT OF JUNE 5, 1942, TO TRANSPORTATION OF YOUR DEPENDENTS FROM JAPAN TO A DESIGNATED PLACE IN THE UNITED STATES AND LATER FROM SUCH PLACE TO YOUR NEW DUTY STATION. INCIDENT TO YOUR ASSIGNMENT TO DUTY AT FORT BLISS, TEXAS, BY ORDERS DATED MARCH 14 AND 31, 1951, YOU WERE ENTITLED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AND PARAGRAPH 1, ARMY REGULATIONS 35-4880, DATED DECEMBER 13, 1948, TO REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS AS PERFORMED FROM NEWBURYPORT, MASSACHUSETTS, TO FORT BLISS, TEXAS, NOT TO EXCEED ENTITLEMENT FROM PORT OF ENTRY, SAN FRANCISCO, CALIFORNIA, TO FORT BLISS. SINCE YOU HAVE BEEN PAID THE AMOUNT TO WHICH YOU WERE ENTITLED FOR TRANSPORTATION OF YOUR DEPENDENTS, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT DATED JUNE 4, 1952, IS SUSTAINED.