B-135664, MAY 5, 1958

B-135664: May 5, 1958

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YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR WIFE PERFORMED THE TRAVEL PRIOR TO THE ISSUANCE OF YOUR ORDERS OF OCTOBER 1 AND OCTOBER 23. IS NOT AUTHORIZED WHEN THE DEPENDENTS DEPART FROM THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER. THAT THE MEMBER WAS ADVISED PRIOR TO THE DEPENDENTS' TRAVEL THAT SUCH ORDERS WOULD BE ISSUED. IT IS CLEAR THAT YOUR WIFE PERFORMED THE TRAVEL PRIOR TO THE ISSUANCE OF YOUR ORDERS RELEASING YOU FROM ACTIVE DUTY AND THERE IS NO CERTIFICATE BY THE ORDER ISSUING AUTHORITY THAT YOU WERE ADVISED PRIOR TO HER TRAVEL THAT SUCH ORDERS WOULD BE ISSUED. IN WHICH IT IS STATED "THERE IS NO RECORD.

B-135664, MAY 5, 1958

TO MR. RALPH G. MOELLER:

YOUR LETTER DATED MARCH 12, 1958, REQUESTS REVIEW OF OUR SETTLEMENT DATED MARCH 5, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF YOUR WIFE'S TRAVEL FROM TACOMA, WASHINGTON, TO CHICAGO, ILLINOIS, ON SEPTEMBER 16 AND 17, 1957. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR WIFE PERFORMED THE TRAVEL PRIOR TO THE ISSUANCE OF YOUR ORDERS OF OCTOBER 1 AND OCTOBER 23, 1957, RELEASING YOU FROM ACTIVE DUTY ON OCTOBER 31, 1957.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES "WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION" SHALL BE ENTITLED TO TRANSPORTATION FOR DEPENDENTS OR TO REIMBURSEMENT IN LIEU THEREOF. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT ACT SPECIFICALLY PROVIDE THAT TRANSPORTATION OF DEPENDENTS INCIDENT TO A PERMANENT CHANGE, INCLUDING THE CHANGE FROM LAST DUTY STATION TO HOME, IS NOT AUTHORIZED WHEN THE DEPENDENTS DEPART FROM THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR THE DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS, THAT THE MEMBER WAS ADVISED PRIOR TO THE DEPENDENTS' TRAVEL THAT SUCH ORDERS WOULD BE ISSUED.

IN YOUR CASE, IT IS CLEAR THAT YOUR WIFE PERFORMED THE TRAVEL PRIOR TO THE ISSUANCE OF YOUR ORDERS RELEASING YOU FROM ACTIVE DUTY AND THERE IS NO CERTIFICATE BY THE ORDER ISSUING AUTHORITY THAT YOU WERE ADVISED PRIOR TO HER TRAVEL THAT SUCH ORDERS WOULD BE ISSUED. ON THE CONTRARY, THE RECORD CONTAINS A CERTIFICATE DATED NOVEMBER 15, 1957, HEADQUARTERS 4TH INFANTRY DIVISION AND FORT LEWIS, FORT LEWIS, WASHINGTON, IN WHICH IT IS STATED "THERE IS NO RECORD, IN THIS HEADQUARTERS, OF LT MOELLER BEING ADVISED PRIOR TO THE ISSUANCE OF SEPARATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.' IN THE ABSENCE OF THE REQUIRED CERTIFICATE WE HAVE NO ALTERNATIVE OTHER THAN TO HOLD THAT YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR YOUR WIFE'S TRAVEL PERFORMED PRIOR TO THE ISSUANCE OF YOUR ORDERS. ACCORDINGLY, THE SETTLEMENT OF MARCH 5, 1958, IS CORRECT AND IS SUSTAINED.

CONCERNING YOUR REQUEST FOR INFORMATION AS TO HOW TO PROCEED FURTHER IN THIS MATTER, YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS BY LAW MADE FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT. THEREFORE, THERE IS NO FURTHER ACTION THAT MAY BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM. HOWEVER, YOU ARE ADVISED THAT THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE UNITED STATES IF FILED THERE WITHIN SIX YEARS AFTER THE CLAIMS FIRST ACCRUED. 28 U.S.C. 2501.