B-144594, FEB. 9, 1961

B-144594: Feb 9, 1961

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BLACKFORD: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 11. PENDING FUTURE ACTION ON YOUR DISABILITY RETIREMENT FROM THE ARMY YOU WERE GRANTED ORDINARY LEAVE FROM FEBRUARY 3 TO FEBRUARY 19. WHILE YOU WERE HOME ON LEAVE SPECIAL ORDERS NO. 28 WERE ISSUED BY HEADQUARTERS. WERE ISSUED RETIRING YOU FROM MILITARY SERVICE EFFECTIVE FEBRUARY 16. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JUNE 16. PRIOR TO ISSUANCE OF ORDERS PLACING YOU ON THE TEMPORARY DISABILITY RETIRED LIST AND FOR THE REASON THAT YOUR TRAVEL WAS PERFORMED WHILE IN A LEAVE STATUS. WITH YOUR CURRENT REQUEST FOR REVIEW YOU HAVE SUBMITTED A CERTIFICATE ISSUED BY HEADQUARTERS. IN WHICH IT IS STATED AS FOLLOWS: "THIS IS TO CERTIFY THAT AS COMMANDING OFFICER OF MAJOR ERNEST J.

B-144594, FEB. 9, 1961

TO CHAPLAIN ERNEST J. BLACKFORD:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 11, 1960, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 16, 1960, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCES FOR YOURSELF AND YOUR WIFE FROM GREAT LAKES, ILLINOIS, TO PUXICO, MISSOURI, INCIDENT TO ORDERS OF FEBRUARY 9, 1960. PLACING YOU UPON THE TEMPORARY DISABILITY RETIRED LIST OF THE ARMY. ALSO THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 3, 1961.

THE RECORD SHOWS THAT WHILE STATIONED AT THE UNITED STATES NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, PENDING FUTURE ACTION ON YOUR DISABILITY RETIREMENT FROM THE ARMY YOU WERE GRANTED ORDINARY LEAVE FROM FEBRUARY 3 TO FEBRUARY 19, 1960, AND PROCEEDED TO PUXICO, MISSOURI, DURING THE PERIOD FEBRUARY 4 TO FEBRUARY 6, 1960. THE RECORD ALSO SHOWS YOU CERTIFIED THAT YOUR WIFE DEPARTED GREAT LAKES, ILLINOIS, ON JANUARY 21, 1960, AND ARRIVED AT PUXICO ON FEBRUARY 6, 1960. WHILE YOU WERE HOME ON LEAVE SPECIAL ORDERS NO. 28 WERE ISSUED BY HEADQUARTERS, DEPARTMENT OF THE ARMY, ON FEBRUARY 9, 1960, PLACING YOU ON THE TEMPORARY DISABILITY RETIRED LIST OF THE ARMY EFFECTIVE FEBRUARY 17, 1960. SUBSEQUENTLY, SPECIAL ORDERS NO. 31, HEADQUARTERS, U.S. ARMY ELEMENT, UNITED STATES NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, DATED FEBRUARY 18, 1960, WERE ISSUED RETIRING YOU FROM MILITARY SERVICE EFFECTIVE FEBRUARY 16, 1960, IN ACCORD WITH ORDERS OF THE SECRETARY OF THE ARMY. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JUNE 16, 1960, FOR THE REASON THAT BOTH YOU AND YOUR WIFE HAD DEPARTED FROM GREAT LAKES, ILLINOIS, TO YOUR HOME OF SELECTION, PUXICO, MISSOURI, PRIOR TO ISSUANCE OF ORDERS PLACING YOU ON THE TEMPORARY DISABILITY RETIRED LIST AND FOR THE REASON THAT YOUR TRAVEL WAS PERFORMED WHILE IN A LEAVE STATUS. WITH YOUR CURRENT REQUEST FOR REVIEW YOU HAVE SUBMITTED A CERTIFICATE ISSUED BY HEADQUARTERS, U.S. ARMY ELEMENT, U.S. NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, DATED NOVEMBER 4, 1960, AND SIGNED BY MAJOR ALLEN L. ALLEN, MSC, COMMANDING, IN WHICH IT IS STATED AS FOLLOWS:

"THIS IS TO CERTIFY THAT AS COMMANDING OFFICER OF MAJOR ERNEST J. BLACKFORD, 04 030 55, CH, AT THE TIME OF HIS RETIREMENT FROM ACTIVE DUTY BY REASON OF PHYSICAL DISABILITY ON 16 FEBRUARY 1960, HE WAS ON ORDINARY LEAVE TO HIS HOME OF RECORD, PUXICO, MISSOURI. THIS LEAVE WAS AUTHORIZED DUE TO OFFICER, HAVING ELECTED NOT TO BE SENT HOME ON PCS TO AWAIT ORDERS UNDER PROVISIONS OF AR 635-40 A AND B IN ORDER THAT HE MIGHT CONSERVE HIS ACCRUED LEAVE. THE LEAVE GRANTED WAS THAT IN EXCESS OF THE SIXTY (60) DAYS HE WOULD HAVE ACCRUED AT TIME OF DISCHARGE. OFFICER PREPROCESSED HIS PERSONNEL RECORDS AT U.S. ARMY TRANSFER STATION, FORT SHERIDAN, ILLINOIS, PRIOR TO DEPARTING ON THIS LEAVE.'

YOU APPARENTLY BELIEVE THAT ON THE BASIS OF THE STATEMENT MADE IN THIS CERTIFICATE YOUR CLAIM FOR TRAVEL ALLOWANCES FOR YOUR WIFE AND YOURSELF SHOULD BE ALLOWED.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A) PROVIDES THAT UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED FOR PHYSICAL DISABILITY OR PLACED UPON THE TEMPORARY DISABILITY RETIRED LIST SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS FROM LAST DUTY STATION TO THE HOME OF HIS SELECTION. PARAGRAPH 1150-3 (B) OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT THE TERM "HOME OF SELECTION" AS USED IN THESE REGULATIONS, MEANS THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON HIS RETIREMENT OR PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST UNDER THE CONDITIONS OUTLINED IN PARAGRAPH 4158- 1A. THE LATTER PARAGRAPH PROVIDES THAT A MEMBER WHO IS RETIRED FOR PHYSICAL DISABILITY OR PLACED UPON THE TEMPORARY DISABILITY RETIRED LIST MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO, PROVIDED THAT TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. IT FURTHER PROVIDES THAT ADVANCE PAYMENT OF TRAVEL ALLOWANCES TO THE SELECTED HOME IS NOT AUTHORIZED. PARAGRAPH 3050-1 PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED ONLY WHILE IN A TRAVEL STATUS, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS. THERE IS NO PROVISION FOR PAYMENT OF MILEAGE FOR TRAVEL PERFORMED FOR PERSONAL REASONS WHILE IN A LEAVE STATUS.

SINCE YOU WERE AT YOUR HOME OF SELECTION (PUXICO, MISSOURI) AND NO FURTHER TRAVEL WAS NECESSARY UNDER THE RETIREMENT ORDERS OF FEBRUARY 9 AND 18, 1960, YOU DID NOT PERFORM ANY TRAVEL "UNDER COMPETENT ORDERS" AS REQUIRED BY SECTION 303 (A) OF THE CAREER COMPENSATION ACT. SEE 36 COMP. GEN. 632, 635.

WITH REGARD TO REIMBURSEMENT FOR YOUR WIFE'S TRAVEL TO YOUR HOME OF SELECTION, YOU HAVE CERTIFIED THAT SHE DEPARTED GREAT LAKES, ILLINOIS, ON JANUARY 21, 1960, PRIOR TO THE ISSUANCE OF YOUR RETIREMENT ORDERS OF FEBRUARY 9 AND 18, 1960. ALSO IT IS NOTED THAT SHE DEPARTED PRIOR TO THE ISSUANCE OF ORDERS DATED FEBRUARY 2, 1960, WHICH ASSIGNED YOU TO TEMPORARY DUTY AT FORT SHERIDAN, ILLINOIS, PENDING ACTION ON YOUR RETIREMENT. PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED WHERE 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 OF THE HEADQUARTERS ISSUING THE ORDERS, THAT THE MEMBER WAS ADVISED PRIOR TO THE DEPENDENTS TRAVEL THAT SUCH ORDERS WOULD BE ISSUED. TRAVEL FROM LAST DUTY STATION TO HOME OF SELECTION UPON RETIREMENT CONSTITUTES A PERMANENT CHANGE OF STATION UNDER THIS PARAGRAPH. THE CERTIFICATE SUBMITTED IN SUPPORT OF YOUR CLAIM ONLY ATTESTS TO THE FACT THAT YOU WERE AT HOME ON ORDINARY LEAVE FOR YOUR PERSONAL CONVENIENCE, THAT IS, TO USE UP LEAVE IN EXCESS OF 60 DAYS WHICH OTHERWISE MIGHT HAVE BEEN FORFEITED UNDER THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, 37 U.S.C. 31A (B). THEREFORE, SINCE YOU AND YOUR WIFE TRAVELED TO YOUR HOME OF SELECTION AT PUXICO, MISSOURI, PRIOR TO THE ISSUANCE OF ORDERS PLACING YOU ON THE TEMPORARY DISABILITY RETIRED LIST AND SUBSEQUENTLY ON THE RETIRED LIST, AND NO TRAVEL WAS NECESSARY OR PERFORMED INCIDENT TO THOSE ORDERS, THERE IS NO AUTHORITY FOR PAYMENT OF SUCH TRAVEL.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF JUNE 16, 1960, IS SUSTAINED.