B-137598, OCT 27, 1958

B-137598: Oct 27, 1958

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T/SGT.: REFERENCE IS MADE TO UNDATED LETTER FROM MRS. VESTEA STATES THAT YOU WERE PROMISED ORDERS TRANSFERRING YOU FROM SPOKANE. NEW YORK - APPARENTLY IN REPLY TO YOUR REQUEST FOR SUCH TRANSFER MADE AS A RESULT OF HER ILLNESS - BUT THAT THE COMMANDING OFFICER AT THAT TIME DID NOT HAVE AUTHORITY TO DIRECT SUCH TRANSFER. SHE EXPRESSES THE VIEW THAT IF YOUR CLAIM IS NOT PAYABLE. YOU SHOULD HAVE BEEN ADVISED EARLIER OF THE REGULATION AGAINST REIMBURSEMENT FOR DEPENDENT'S TRAVEL PERFORMED IN ADVANCE OF THE ISSUANCE OF CHANGE OF STATION ORDERS. NOT HAVE BEEN ASKED TO SUBMIT MEDICAL CERTIFICATION AS TO HER ILLNESS IN SUPPORT OF YOUR CLAIM. SHE ALSO INDICATES THAT YOU HAVE REQUESTED CERTIFICATION FROM THE BASE COMMANDER.

B-137598, OCT 27, 1958

PRECIS-UNAVAILABLE

ANTHONY VESTEA, T/SGT.:

REFERENCE IS MADE TO UNDATED LETTER FROM MRS. A. VESTEA, WRITTEN IN YOUR BEHALF, IN EFFECT REQUESTING REVIEW OF SETTLEMENT OF MARCH 17, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTING YOUR DEPENDENTS FROM SPOKANE, WASHINGTON, TO BRONX, NEW YORK, DURING THE PERIOD MARCH 15 TO 18, 1956, INCIDENT TO YOUR MILITARY SERVICE.

MRS. VESTEA STATES THAT YOU WERE PROMISED ORDERS TRANSFERRING YOU FROM SPOKANE, WASHINGTON, TO MITCHEL AIR FORCE BASE, NEW YORK - APPARENTLY IN REPLY TO YOUR REQUEST FOR SUCH TRANSFER MADE AS A RESULT OF HER ILLNESS - BUT THAT THE COMMANDING OFFICER AT THAT TIME DID NOT HAVE AUTHORITY TO DIRECT SUCH TRANSFER, AND THAT AS A CONSEQUENCE YOU LATER REQUESTED A COMPASSIONATE TRANSFER. SHE EXPRESSES THE VIEW THAT IF YOUR CLAIM IS NOT PAYABLE, YOU SHOULD HAVE BEEN ADVISED EARLIER OF THE REGULATION AGAINST REIMBURSEMENT FOR DEPENDENT'S TRAVEL PERFORMED IN ADVANCE OF THE ISSUANCE OF CHANGE OF STATION ORDERS, AND NOT HAVE BEEN ASKED TO SUBMIT MEDICAL CERTIFICATION AS TO HER ILLNESS IN SUPPORT OF YOUR CLAIM. YOUR WIFE CITES PARAGRAPH 8006- (2) (SUBPARAGRAPH DESIGNATION ILLEGIBLE) APPARENTLY OF THE JOINT TRAVEL REGULATIONS, AS HAVING SOME BEARING ON THE ALLOWANCE OF YOUR CLAIM. SHE ALSO INDICATES THAT YOU HAVE REQUESTED CERTIFICATION FROM THE BASE COMMANDER, GEIGER FIELD, SPOKANE, WASHINGTON, THAT YOU WERE ADVISED PRIOR TO THE ISSUANCE OF YOUR PERMANENT CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.

THE RECORD SHOWS THAT YOU WERE ASSIGNED TO DUTY AT GEIGER FIELD, SPOKANE, WASHINGTON, WHEN YOUR DEPENDENTS TRAVELED FROM THAT STATION TO BRONX, NEW YORK, MARCH 15 TO 18, 1956, AT PERSONAL EXPENSE. IT APPEARS THAT THE CHANGE OF RESIDENCE WAS FELT TO BE NECESSITATED BY YOUR WIFE'S ILLNESS AND WAS MADE IN ORDER THAT SHE COULD OBTAIN THE ASSISTANCE OF HER FAMILY IN CARING FOR HERSELF AND HER CHILDREN. BY SPECIAL ORDERS DATED APRIL 24, 1957, YOU WERE RELEASED FROM ASSIGNMENT AT GEIGER FIELD AND ASSIGNED TO MITCHEL AIR FORCE BASE, NEW YORK, ON A COMPASSIONATE REASSIGNMENT. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF DEPENDENTS' TRAVEL FROM SPOKANE TO NEW YORK WAS DISALLOWED FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF YOUR PERMANENT CHANGE OF STATION ORDERS OF APRIL 24, 1957.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES IN PART THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM, SUCH LOCATIONS 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 IN KIND FOR DEPENDENTS, OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SUCH PROVISIONS OF LAW PROVIDE FOR TRANSPORTATION (OR MONETARY ALLOWANCE) OF DEPENDENTS OF OFFICERS, WARRANT OFFICERS AND CERTAIN ENLISTED MEN WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION. THE REGULATIONS SPECIFICALLY PROVIDE (PARAGRAPH 7000-9), THAT TRANSPORTATION 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 HIS DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF THE CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.

THE PURPOSE OF THE STATUTE AND REGULATIONS AUTHORIZING TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS TO RELIEVE A MEMBER OF THE BURDEN OF PERSONALLY DEFRAYING THE TRAVEL EXPENSES OF HIS DEPENDENTS WHEN SUCH TRAVEL IS MADE NECESSARY BY AN ORDERED CHANGE OF STATION. YOUR WIFE TRAVELED FROM SPOKANE TO NEW YORK CITY FOR REASONS WHICH WERE ENTIRELY PERSONAL. SHE DID NOT PERFORM THAT TRAVEL BECAUSE YOU WERE ORDERED TO MITCHEL FIELD. ON THE CONTRARY, THE RECORD SHOWS THAT THE COMMANDER, 84TH FIGHTER GROUP, AIR DEFENSE COMMAND, GEIGER FIELD, ISSUED THE SPECIAL ORDERS TRANSFERRING YOU TO MITCHEL FIELD, FOR COMPASSIONATE REASONS. SUCH ORDERS WERE ISSUED OVER A YEAR AFTER SUCH TRAVEL WAS COMPLETED.

WHILE WE APPRECIATE THE UNFORTUNATE CIRCUMSTANCES THAT NECESSITATED YOUR WIFE'S TRAVEL, SINCE SHE DID NOT PERFORM THE TRAVEL AS A RESULT OF YOUR CHANGE OF STATION, WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM FOR HER TRAVEL FROM SPOKANE TO NEW YORK CITY.

ACCORDINGLY, THE SETTLEMENT OF MARCH 17, 1958, WAS CORRECT AND IS SUSTAINED.

AS TO THE REASON WHY YOU WERE ADVISED TO SUBMIT YOUR CLAIM, WITH SUPPORTING MEDICAL STATEMENTS SHOWING THE NECESSITY FOR YOUR WIFE'S TRAVEL, IT APPEARS THAT DIFFERENT AIR FORCE OFFICIALS WERE NOT IN AGREEMENT CONCERNING YOUR RIGHTS IN THE PREMISES. IF, AS STATED, YOU WERE TOLD TO SUBMIT A CLAIM, IT IS ASSUMED THAT SUCH ADVICE WAS GIVEN SO THAT THE CLAIM COULD BE FORWARDED HERE FOR A DETERMINATION OF YOUR RIGHTS.

YOUR WIFE'S REFERENCE TO PARAGRAPH 8006 OF THE CITED REGULATION IS NOT UNDERSTOOD SINCE THAT PARAGRAPH APPLIES TO THE STORAGE OF HOUSEHOLD GOODS AFTER SHIPMENT IS AUTHORIZED.

CONCERNING THE POSSIBILITY OF NOW OBTAINING FROM THE COMMANDING OFFICER WHO ISSUED THE CHANGE OF STATION ORDERS DATED APRIL 24, 1957, A CERTIFICATE TO THE EFFECT THAT YOU WERE ADVISED PRIOR TO THEIR ISSUANCE THAT SUCH ORDERS WOULD BE ISSUED, YOU ARE ADVISED THAT THE ABOVE-QUOTED REGULATORY PROVISIONS CONCERNING TRAVEL OF DEPENDENTS WHO DEPART FROM THE OLD STATION IN ADVANCE OF AUTHORIZATION APPEAR TO CONTEMPLATE SITUATIONS WHERE DEPARTURE IS ACCOMPLISHED WITHIN THE COMPARATIVELY SHORT PERIODS OF TIME WHICH MAY ELAPSE BETWEEN THE TIME OF A DETERMINATION TO ORDER A MEMBER TO MAKE A CHANGE OF STATION AND THE DATE ON WHICH ORDERS DIRECTING SUCH CHANGE ARE ACTUALLY ISSUED. THERE IS NOTHING IN THE RECORD WHICH INDICATES THAT SUCH WAS THE SITUATION IN YOUR CASE. THERE IS NO EVIDENCE OF AN ADMINISTRATIVE DETERMINATION TO TRANSFER YOU TO MITCHEL AIR FORCE BASE BEFORE YOUR WIFE TRAVELED TO NEW YORK AND THE ORDERS DIRECTING SUCH TRANSFER WERE ISSUED OVER A YEAR LATER.