B-142180, APR. 14, 1960

B-142180: Apr 14, 1960

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PRESENTING CLAIM FOR ADJUSTMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES INCIDENT TO YOUR RETIREMENT WAS FORWARDED HERE BY FINANCE CENTER. SINCE YOUR PRESENT CLAIM IS. A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED AUGUST 2. IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOU WERE RETIRED BY REASON OF PHYSICAL DISABILITY. YOU AND YOUR WIFE (WHO AT THAT TIME WAS LOCATED AT YOUR PRIOR STATION. YOU WERE PAID $110.46 FOR THAT TRAVEL. THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. YOUR CLAIM IS FOR AN ADJUSTED TRAVEL ALLOWANCE FOR YOURSELF AND YOUR WIFE BASED ON THE COST OF TRAVEL FROM NEW YORK. WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT TRAVEL TO A HOME OF SELECTION WAS NOT PERFORMED WITHIN ONE YEAR OF YOUR RETIREMENT AS REQUIRED BY THAT ACT.

B-142180, APR. 14, 1960

TO COLONEL ROBERT C. MANSFIELD, AUS, RET.:

YOUR LETTER OF JUNE 17, 1959, PRESENTING CLAIM FOR ADJUSTMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES INCIDENT TO YOUR RETIREMENT WAS FORWARDED HERE BY FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, ON FEBRUARY 5, 1960. SINCE YOUR PRESENT CLAIM IS, IN EFFECT, A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED AUGUST 2, 1957, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY PARAGRAPH 32, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 18, DATED JANUARY 28, 1953, YOU WERE RETIRED BY REASON OF PHYSICAL DISABILITY, EFFECTIVE JANUARY 31, 1953. THE ORDERS ALSO RELEASED YOU FROM THE MEDICAL HOLDING DETACHMENT OF PATIENTS, U.S. ARMY HOSPITAL, CAMP ATTERBURY, INDIANA, ON THE SAME DATE AND DIRECTED YOU TO PROCEED AT PROPER TIME TO YOUR HOME. YOU AND YOUR WIFE (WHO AT THAT TIME WAS LOCATED AT YOUR PRIOR STATION, FORT BENJAMIN HARRISON, INDIANA) TRAVELED TO CLEARWATER, FLORIDA, DURING THE PERIOD FEBRUARY 2 TO 5, 1953. IN OCTOBER 1954, YOU WERE PAID $110.46 FOR THAT TRAVEL, NOT TO EXCEED THE COST TO JACKSONVILLE, FLORIDA, THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. IN THE MEANTIME, YOU AND YOUR WIFE HAD FURTHER TRAVELED TO NEW YORK, NEW YORK, AND PROCEEDED FROM THAT CITY TO SYDNEY, AUSTRALIA, BY COMMERCIAL VESSEL DURING THE PERIOD APRIL 19 TO JUNE 9, 1954. ALSO, YOU SHIPPED HOLD BAGGAGE FROM CAMDEN, NEW JERSEY, TO PHILADELPHIA, PENNSYLVANIA, TO BE PLACED ABOARD THE VESSEL THERE. YOUR CLAIM IS FOR AN ADJUSTED TRAVEL ALLOWANCE FOR YOURSELF AND YOUR WIFE BASED ON THE COST OF TRAVEL FROM NEW YORK, NEW YORK, TO SYDNEY, AUSTRALIA, PLUS THE BAGGAGE CHARGE, LESS THE SUM OF $110.46.

YOUR CLAIM, ORIGINALLY PRESENTED UNDER THE ACT OF AUGUST 11, 1955, 69 STAT. 691, WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT TRAVEL TO A HOME OF SELECTION WAS NOT PERFORMED WITHIN ONE YEAR OF YOUR RETIREMENT AS REQUIRED BY THAT ACT. IN RESUBMITTING YOUR CLAIM YOU REQUEST CONSIDERATION UNDER THE PROVISIONS OF PUBLIC LAW 85-76, APPROVED JULY 31, 1953. YOU SAY SYDNEY IS THE HOME YOU SELECTED UPON RETIREMENT; THAT YOU REQUESTED GOVERNMENT TRANSPORTATION IN 1953, BUT IT WAS REFUSED BECAUSE THERE THEN WAS NO AUTHORITY FOR TRAVEL TO A SELECTED HOME; THAT YOU ACCEPTED MILEAGE FOR YOUR TRAVEL AND REIMBURSEMENT FOR YOUR WIFE'S TRAVEL TO FLORIDA ONLY AFTER IT APPEARED YOU COULD NOT COLLECT FOR THE TRAVEL TO AUSTRALIA, AND THAT TRAVEL TO YOUR HOME OF SELECTION WAS DELAYED BY HOSPITALIZATION AND MEDICAL TREATMENT. IN THIS CONNECTION YOU HAVE FURNISHED EVIDENCE SHOWING THAT YOU BECAME ILL ON NOVEMBER 9, 1953, AT NEW YORK, NEW YORK, AND THAT YOU WERE HOSPITALIZED AT U.S. ARMY HOSPITAL, FORT JAY, NEW YORK, APPARENTLY FROM THAT DATE UNTIL JANUARY 19, 1954.

AT THE TIME OF YOUR RETIREMENT YOU WERE ENTITLED, UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AND THE JOINT TRAVEL REGULATIONS, TO TRAVEL FOR YOURSELF AND YOUR WIFE TO YOUR HOME OF RECORD OR TO THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. THAT ACT WAS AMENDED, RETROACTIVELY, BY SECTION 3 OF THE ACT OF AUGUST 11, 1955, 69 STAT. 691, TO AUTHORIZE TRAVEL AND TRANSPORTATION ALLOWANCES TO A SELECTED HOME FOR RESERVISTS RETIRED IMMEDIATELY FOLLOWING AT LEAST EIGHT YEARS OF CONTINUOUS ACTIVE DUTY. THE ACT OF JULY 31, 1958, 72 STAT. 455, AMENDED SECTION 3 OF THE ACT OF AUGUST 11, 1955, TO PROVIDE THAT NO ADDITIONAL AMOUNT COULD BE PAID AS THE RESULT OF THE ENACTMENT OF THAT SECTION TO A MEMBER OF A UNIFORMED SERVICE WHO WAS RETIRED, DISCHARGED, OR PLACED ON THE TEMPORARY DISABILITY RETIRED LIST BEFORE AUGUST 11, 1955, UNLESS TRAVEL TO A HOME SELECTED BY THAT MEMBER WAS PERFORMED---

"/1) BEFORE APRIL 29, 1953;

"/2) WITHIN ONE YEAR AFTER THAT RETIREMENT, DISCHARGE, OR PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST; OR

"/3) WITHIN ONE YEAR AFTER A PERIOD OF HOSPITALIZATION OR MEDICAL TREATMENT WHICH PREVENTS QUALIFICATION UNDER CLAUSES (1) OR (2).'

IT APPEARS FROM YOUR LETTER DATED JUNE 11, 1956, THAT, WHILE RESIDING TEMPORARILY IN CAMDEN, NEW JERSEY, YOU CONTACTED THE AMERICAN PIONEER LINE (U.S. LINES), NEW YORK, NEW YORK, FOR THE PURPOSE OF ARRANGING PASSAGE TO SYDNEY; THAT YOU MADE APPLICATION IN OCTOBER 1953 FOR TRANSPORTATION ABOARD A VESSEL OF THAT LINE BUT THAT THE FIRST SHIP ON WHICH YOU COULD OBTAIN PASSAGE FOR YOURSELF AND YOUR WIFE WAS THE PIONEER REEF "WHICH WAS SCHEDULED TO SAIL EARLY IN MARCH 1954 BUT THRU MANY DELAYS DID NOT FINALLY SAIL FROM NEW YORK CITY UNTIL 19 APRIL 1954 AND ARRIVED IN SYDNEY, AUSTRALIA, ON 9 JUNE 1954.' THUS, THE FACTS SHOW THAT THE HOSPITALIZATION UPON WHICH YOU RELY FOR APPROVAL OF YOUR CLAIM FELL WHOLLY WITHIN THE PERIOD DURING WHICH YOU WERE AWAITING THE TRANSPORTATION PREVIOUSLY ARRANGED FOR AND HENCE DID NOT, IN ANY WAY, AFFECT YOUR TIME OF DEPARTURE. IN ANY EVENT, THE RIGHTS OF A MEMBER OF THE UNIFORMED SERVICES TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR HIMSELF AND HIS DEPENDENTS ACCRUE AND BECOME FIXED ON THE DATE OF HIS RETIREMENT. CLAUSE (3) OF THE ACT OF JULY 31, 1958, IS DESIGNED TO AFFORD ADDITIONAL TIME TO MEMBERS WHO ARE HOSPITALIZED OR UNDERGOING MEDICAL TREATMENT AT A GOVERNMENT FACILITY AT THE TIME OF RETIREMENT AND WHO ARE, THEREFORE, PHYSICALLY UNABLE TO IMMEDIATELY UNDERTAKE TRAVEL TO A SELECTED HOME. OTHER MEMBERS ENTITLED TO SELECT A HOME UPON RETIREMENT MAY, UNDER CLAUSE (2) OF THE ACT OF JULY 31, 1958, DELAY TRAVEL FOR A PERIOD OF NOT MORE THAN ONE YEAR BUT THEY DO SO AT THE RISK THAT INTERVENING ILLNESS OR OTHER CAUSE MAY RESULT IN FORFEITURE OF THEIR RIGHT TO PERFORM SUCH TRAVEL AT GOVERNMENT EXPENSE. SINCE YOU WERE RELEASED AT CAMP ATTERBURY ON THE DATE OF RETIREMENT, AND WERE NOT UNDERGOING MEDICAL TREATMENT WITHIN THE MEANING OF THE ACT REFERRED TO ABOVE, CLAUSE (3) OF THAT ACT HAS NO APPLICATION IN YOUR CASE.