B-139801, AUG. 5, 1959

B-139801: Aug 5, 1959

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ROBERTO SANTIAGO-VASQUEZ: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 7. WHO WERE FOUR YEARS AND ONE YEAR OF AGE. YOU WERE ORDERED TO PROCEED TO YOUR HOME. YOU WERE PLACED ON THE RETIRED LIST AS PERMANENTLY UNFIT FOR DUTY BY REASON OF PHYSICAL DISABILITY EFFECTIVE FEBRUARY 28. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT OF AUGUST 12. ON THE GROUNDTHAT GOVERNMENT WATER TRANSPORTATION BETWEEN NEW YORK AND PUERTO RICO WAS AVAILABLE. CONCERNS ONLY MEMBERS OF THE UNIFORMED SERVICES WHO BECAUSE OF PHYSICAL INCAPACITY OR MENTAL INCOMPETENCE WERE UNABLE TO TRAVEL TO A SELECTED HOME WITHIN THE TIME LIMITATION FIXED BY THE EXISTING LAW AND REGULATIONS. SINCE YOU WERE ABLE TO PERFORM. YOU WERE ENTITLED TO REIMBURSEMENT FOR ALL LAND TRAVEL INVOLVED IN PROCEEDING FROM THE PLACE OF YOUR RETIREMENT TO YOUR SELECTED HOME ON A MILEAGE BASIS AT THE RATE OF SIX CENTS A MILE FOR YOURSELF AND FOR EACH DEPENDENT 12 YEARS OF AGE OR OVER.

B-139801, AUG. 5, 1959

MR. ROBERTO SANTIAGO-VASQUEZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 7, 1959, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 12, 1955, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL AND TRANSPORTATION ALLOWANCES FOR YOURSELF, YOUR WIFE AND TWO CHILDREN, WHO WERE FOUR YEARS AND ONE YEAR OF AGE, RESPECTIVELY, FOR TRAVEL PERFORMED FROM NEW YORK, NEW YORK, TO A SELECTED HOME, GUAYAMA, PUERTO RICO, BY WAY OF SAN JUAN, PUERTO RICO, INCIDENT TO YOUR RETIREMENT FROM THE UNITED STATES ARMY, IN THE GRADE OF

BY PARAGRAPH 12, SPECIAL ORDERS NO. 20, LETTERMAN ARMY HOSPITAL, SAN

BY PARAGRAPH 12, SPECIAL ORDERS NO. 20, LETTERMAN ARMY HOSPITAL, SAN FRANCISCO, CALIFORNIA, DATED JANUARY 28, 1955, YOU WERE ORDERED TO PROCEED TO YOUR HOME, 456 PULASKY STREET, BROOKLYN, NEW YORK, AND REMAIN THERE AWAITING FURTHER ORDERS IN CONNECTION WITH PHYSICAL EVALUATION BOARD PROCEEDINGS. BY PARAGRAPH 88, SPECIAL ORDERS NO. 36, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED FEBRUARY 21, 1955, WHILE AT BROOKLYN, YOU WERE PLACED ON THE RETIRED LIST AS PERMANENTLY UNFIT FOR DUTY BY REASON OF PHYSICAL DISABILITY EFFECTIVE FEBRUARY 28, 1955. THE RECORD SHOWS THAT ON MARCH 12, 1955, YOU AND YOUR DEPENDENTS TRAVELED BY COMMERCIAL AIR FROM NEW YORK TO SAN JUAN, AT A COST TO YOU OF $160, AND THENCE, BY HIRED VEHICLE TO GUAYAMA AT A COST OF $25. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT OF AUGUST 12, 1955, ON THE GROUNDTHAT GOVERNMENT WATER TRANSPORTATION BETWEEN NEW YORK AND PUERTO RICO WAS AVAILABLE. IN SUPPORT OF YOUR REQUEST FOR FURTHER CONSIDERATION OF YOUR CLAIM YOU CITE PUBLIC LAW 85-576.

THE PUBLIC LAW TO WHICH YOU REFER, PUBLIC LAW 85-576, 72 STAT. 455, APPROVED BY THE PRESIDENT OF THE UNITED STATES ON JULY 31, 1958, CONCERNS ONLY MEMBERS OF THE UNIFORMED SERVICES WHO BECAUSE OF PHYSICAL INCAPACITY OR MENTAL INCOMPETENCE WERE UNABLE TO TRAVEL TO A SELECTED HOME WITHIN THE TIME LIMITATION FIXED BY THE EXISTING LAW AND REGULATIONS. SINCE YOU WERE ABLE TO PERFORM, AND DID PERFORM, TRAVEL TO YOUR SELECTED HOME IMMEDIATELY FOLLOWING YOUR RETIREMENT, THIS LAW DOES NOT EFFECT YOUR CLAIM IN ANY WAY.

UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, YOU WERE ENTITLED TO REIMBURSEMENT FOR ALL LAND TRAVEL INVOLVED IN PROCEEDING FROM THE PLACE OF YOUR RETIREMENT TO YOUR SELECTED HOME ON A MILEAGE BASIS AT THE RATE OF SIX CENTS A MILE FOR YOURSELF AND FOR EACH DEPENDENT 12 YEARS OF AGE OR OVER, AND THE RATE OF THREE CENTS A MILE FOR EACH DEPENDENT FIVE YEARS OF AGE OR OVER, BUT UNDER 12 YEARS OF AGE. WITH RESPECT TO TRANSOCEAN TRAVEL, HOWEVER, APPLICABLE REGULATIONS REQUIRE THAT SUCH TRAVEL SHALL NOT BE BY OTHER THAN GOVERNMENT AIRCRAFT OR VESSEL. ACCORDINGLY, SINCE THE RECORDS SHOW THAT GOVERNMENT WATER TRANSPORTATION WAS AVAILABLE FOR MILITARY MEMBERS AND ELIGIBLE DEPENDENTS DURING THE PERIOD OF YOUR TRAVEL, THERE IS NO LEGAL BASIS ON WHICH WE MAY ALLOW ANY PART OF THE AMOUNT CLAIMED BY YOU FOR TRAVEL BY COMMERCIAL AIR FROM NEW YORK TOSAN JUAN. WITH RESPECT TO THE LAND TRAVEL FROM SAN JUAN TO GUAYAMA, YOU ARE ENTITLED TO REIMBURSEMENT FOR SUCH TRAVEL ON A MILEAGE BASIS FOR YOURSELF AND YOUR WIFE. A SETTLEMENT FOR THE AMOUNT FOUND DUE, COMPUTED ON THE BASIS INDICATED ABOVE, WILL ISSUE IN DUE ..END :