B-141938, MAR. 18, 1960

B-141938: Mar 18, 1960

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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21. YOU WERE RELEASED FROM ASSIGNMENT AND DUTY IN EUROPE AND RETURNED TO FORT HAMILTON. YOU WERE REASSIGNED TO LETTERMAN ARMY HOSPITAL. THE ORDERS STATED THAT TRAVEL OF DEPENDENTS WAS AUTHORIZED TO RENO. WAS DIRECTED BY PARAGRAPH 115. YOU WERE AUTHORIZED. WERE IN SAN FRANCISCO ON JULY 1. IT DOES NOT APPEAR THAT THEY TRAVELED TO SAN FRANCISCO BEFORE THE ORDERS FOR YOUR RETIREMENT WERE ISSUED. YOUR CLAIM FOR REIMBURSEMENT FOR THEIR TRAVEL FROM NEW YORK TO SAN FRANCISCO AND RETURN WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE. IT BEING STATED THAT TRAVEL OF DEPENDENTS TO THE CITY IN WHICH A MEMBER IS HOSPITALIZED IS NOT AUTHORIZED UNLESS THE COMMANDING OFFICER OF THE HOSPITAL CERTIFIES THAT UPON THE MEMBER'S ADMITTANCE IT WAS EXPECTED THAT THE PERIOD OF TREATMENT WOULD BE PROLONGED.

B-141938, MAR. 18, 1960

TO MASTER SERGEANT ADELARD LEVESQUE, USA, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21, 1960, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 7, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO SAN FRANCISCO, CALIFORNIA, AND RETURN.

BY LETTER ORDERS NO. 1-23, DATED JANUARY 8, 1959, AS AMENDED BY LETTER ORDERS NO. 3-39, DATED MARCH 12, 1959, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY IN EUROPE AND RETURNED TO FORT HAMILTON, NEW YORK, FOR RETIREMENT. THE ORDERS AUTHORIZED CONCURRENT TRAVEL OF YOUR DEPENDENTS (WIFE AND SON, AGE 13). BY PARAGRAPH 60, SPECIAL ORDERS NO. 90, DATED MARCH 31, 1959, FORT HAMILTON, NEW YORK, YOU WERE REASSIGNED TO LETTERMAN ARMY HOSPITAL, SAN FRANCISCO, CALIFORNIA, FOR FURTHER TREATMENT, OBSERVATION AND DISPOSITION. THE ORDERS STATED THAT TRAVEL OF DEPENDENTS WAS AUTHORIZED TO RENO, NEVADA. YOUR RELEASE FROM ASSIGNMENT TO THE HOSPITAL EFFECTIVE JUNE 30, 1959, AND RETIREMENT EFFECTIVE JULY 1, 1959, WAS DIRECTED BY PARAGRAPH 115, SPECIAL ORDERS NO. 118, DATED JUNE 15, 1959. BY LETTER ORDERS NO. 6 144, DATED JUNE 23, 1959, YOU WERE AUTHORIZED, UPON CALL OF THE ARMY TERMINAL COMMANDER, BROOKLYN, NEW YORK, TO PROCEED FROM BROOKLYN TO ROME, ITALY, YOUR HOME OF SELECTION UPON RETIREMENT. THE ORDERS INDICATED THAT THE CALL WOULD BE ISSUED TO YOU AT RENO, AND STATED THAT YOUR DEPENDENTS WOULD ACCOMPANY YOU. IN PRESENTING CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS YOU CERTIFIED THAT THEY TRAVELED FROM FORT HAMILTON, NEW YORK, TO RENO, NEVADA, DURING THE PERIOD MARCH 31 TO APRIL 9, 1959; THAT THEY TRAVELED FROM NEW YORK TO SAN FRANCISCO DURING THE PERIOD MARCH 31 TO JULY 1, 1959, AND FROM SAN FRANCISCO TO ROME DURING THE PERIOD JULY 1 TO AUGUST 23, 1959. THUS, IT APPEARS THAT YOUR DEPENDENTS TRAVELED TO RENO INCIDENT TO YOUR ORDERS, AND WERE IN SAN FRANCISCO ON JULY 1, 1959. HOWEVER, IT DOES NOT APPEAR THAT THEY TRAVELED TO SAN FRANCISCO BEFORE THE ORDERS FOR YOUR RETIREMENT WERE ISSUED. YOUR CLAIM FOR REIMBURSEMENT FOR THEIR TRAVEL FROM NEW YORK TO SAN FRANCISCO AND RETURN WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE, IT BEING STATED THAT TRAVEL OF DEPENDENTS TO THE CITY IN WHICH A MEMBER IS HOSPITALIZED IS NOT AUTHORIZED UNLESS THE COMMANDING OFFICER OF THE HOSPITAL CERTIFIES THAT UPON THE MEMBER'S ADMITTANCE IT WAS EXPECTED THAT THE PERIOD OF TREATMENT WOULD BE PROLONGED, AND THAT SUCH A CERTIFICATE HAD NOT BEEN ISSUED IN YOUR CASE. IN YOUR PRESENT LETTER YOU STATE THAT SINCE THE TREATMENT WAS IN FACT PROLONGED, YOU HAVE REQUESTED THE COMMANDING OFFICER, LETTERMAN ARMY HOSPITAL, TO FURNISH SUCH A CERTIFICATE.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES OF THE SERVICES UNDER AUTHORITY OF SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (D). PARAGRAPH 7004-2 OF THOSE REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY OUTSIDE THE UNITED STATES WHO IS TRANSFERRED AS A PATIENT TO A HOSPITAL IN THE UNITED STATES FOR OBSERVATION AND TREATMENT MAY HAVE HIS DEPENDENTS MOVED FROM THE OVERSEAS STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED OR TO SOME OTHER CITY IN THE UNITED STATES AT NO GREATER COST. PARAGRAPH 7004-4 OF THE REGULATIONS PROVIDES THAT WHEN THE MEMBER IS MOVED FROM OVERSEAS TO A HOSPITAL IN THE UNITED STATES, NO CERTIFICATE OF PROLONGED TREATMENT WILL BE REQUIRED TO SUPPORT A CLAIM FOR TRAVEL OF HIS DEPENDENTS. SINCE, UPON YOUR ARRIVAL AT FORT HAMILTON, YOU WERE NOT RETIRED BUT WERE ORDERED TO A HOSPITAL AS A PATIENT FOR OBSERVATION AND TREATMENT, THE SITUATION, SO FAR AS TRAVEL OF YOUR DEPENDENTS WAS CONCERNED, WAS NO DIFFERENT THAN IF YOUR HAD BEEN RETURNED TO THE UNITED STATES FOR HOSPITALIZATION. THEREFORE, TRAVEL OF YOUR DEPENDENTS FROM FORT HAMILTON TO RENO, A DESIGNATED CITY IN THE UNITED STATES, WAS AUTHORIZED, AND YOU ARE ENTITLED TO REIMBURSEMENT FOR SUCH TRAVEL NOT TO EXCEED THE COST OF NEW YORK TO SAN FRANCISCO. SINCE, UPON YOUR RETIREMENT WITH MORE THAN 22 YEARS OF SERVICE YOU WERE ENTITLED TO TRANSPORTATION OF YOUR DEPENDENTS TO A SELECTED HOME AND SINCE YOUR DEPENDENTS TRAVELED FROM SAN FRANCISCO TO NEW YORK AT YOUR EXPENSE INCIDENT TO SUCH RETIREMENT, YOU ARE ENTITLED ALSO TO REIMBURSEMENT FOR THAT TRAVEL NOT TO EXCEED FROM RENO TO NEW YORK.

A SETTLEMENT FOR THE AMOUNT DUE ON THE BASIS INDICATED ABOVE WILL ISSUE IN DUE COURSE.