B-145796, JUL. 5, 1961

B-145796, JUL. 5, 1961

TO MRS. LUCIA CANTORE:

REFERENCE IS MADE TO LETTER OF APRIL 12, 1961, FROM HEADQUARTERS, U.S. ARMY TRAINING CENTER, INFANTRY, FORT DIX, NEW JERSEY, WRITTEN IN YOUR BEHALF, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM, UNDER POWER OF ATTORNEY FROM YOUR HUSBAND, LAWRENCE CANTORE, SR., SPECIALIST FIFTH CLASS, RA, RETIRED, FOR REIMBURSEMENT OF COST INVOLVED IN THE TRAVEL OF HIS DEPENDENTS (WIFE AND MINOR CHILDREN) FROM SAN FRANCISCO, CALIFORNIA, TO PEMBERTON HEIGHTS, NEW JERSEY, DURING SEPTEMBER 1960, WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 6, 1961.

THE STATEMENT OF TRAVEL FURNISHED WITH THE CASE SHOWS THAT YOUR HUSBAND TRAVELED BY AIR ON JUNE 9 AND 10, 1960, FROM MUNICH, GERMANY, TO MCGUIRE AIR FORCE BASE, NEW JERSEY. ON JUNE 20, 1960, HE WAS TRANSFERRED TO THE U.S. NAVAL HOSPITAL, ST. ALBANS, NEW YORK, WHERE HE REMAINED UNTIL JUNE 25, 1960, AT WHICH TIME HE WAS TRANSFERRED TO THE WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C. BY DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 198, DATED SEPTEMBER 2, 1960, HE WAS RELEASED FROM HIS ASSIGNMENT AT WALTER REED GENERAL HOSPITAL ON THAT DATE AND PLACED ON THE RETIRED LIST ON SEPTEMBER 3, 1960. ALTHOUGH THE ORDERS INDICATED THE PLACE AT WHICH HE WAS TO BE RETIRED AS SAN FRANCISCO, CALIFORNIA, HE REMAINED AT THE WALTER REED HOSPITAL UNTIL BY SPECIAL ORDERS NO. 184, HEADQUARTERS, WALTER REED ARMY MEDICAL CENTER, DATED SEPTEMBER 8, 1960, HE WAS RELIEVED FROM FURTHER OBSERVATION AND TREATMENT AT THAT HOSPITAL AND AUTHORIZED AND INVITED TO PROCEED TO THE VETERANS ADMINISTRATION HOSPITAL AT SAN FRANCISCO, CALIFORNIA, FOR FURTHER OBSERVATION AND DISPOSITION ON OR ABOUT SEPTEMBER 10, 1960. TRAVEL BY MILITARY AIRCRAFT WAS DIRECTED AT NO EXPENSE TO THE GOVERNMENT. THE STATEMENT OF TRAVEL SHOWS FURTHER THAT YOUR HUSBAND, ACCOMPANIED BY HIS DEPENDENT, LEFT WASHINGTON, D.C., ON SEPTEMBER 15, 1960, AND ARRIVED THAT DAY AT THE VETERANS ADMINISTRATION HOSPITAL, SAN FRANCISCO, CALIFORNIA. YOU AND YOUR CHILDREN SUBSEQUENTLY TRAVELED BY COMMERCIAL TRANSPORTATION FROM SAN FRANCISCO TO PEMBERTON HEIGHTS, NEW JERSEY, ARRIVING ON SEPTEMBER 21, 1960, WHILE YOUR HUSBAND REMAINED AT SAN FRANCISCO UNTIL NOVEMBER 3, 1960, AT WHICH TIME HE WAS TRANSFERRED TO THE VETERANS ADMINISTRATION HOSPITAL, PHILADELPHIA, PENNSYLVANIA.

WHEN A MEMBER IS LEGALLY RETIRED HIS CHANGE OF STATUS BECOMES AN ACCOMPLISHED FACT AND HE IS ENTITLED TO ONLY THE PAY AND TRANSPORTATION BENEFITS OF A RETIRED PERSON. THE PERTINENT PROVISION IN THE JOINT TRAVEL REGULATIONS PERTAINING TO THE TRANSPORTATION OF DEPENDENTS OF RETIRED MEMBERS IS FOUND IN PARAGRAPH 7012 WHICH PROVIDES GENERALLY THAT A MEMBER WHO IS RETIRED FOR PHYSICAL DISABILITY IS ENTITLED TO THE TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM HIS LAST DUTY STATION, OR THE PLACE TO WHICH THEY WERE LAST TRANSPORTED AT GOVERNMENT EXPENSE WHILE HE WAS ON ACTIVE DUTY, TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL.

UNDER THE PROVISIONS OF PARAGRAPH 7004-2, JOINT TRAVEL REGULATIONS, A MEMBER ON ACTIVE DUTY OUTSIDE THE UNITED STATES WHO IS TRANSFERRED AS A PATIENT TO A HOSPITAL IN THE UNITED STATES FOR FURTHER OBSERVATION AND TREATMENT MAY HAVE HIS DEPENDENTS MOVED FROM THE OVERSEAS STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED. IN VIEW OF YOUR HUSBAND'SILLNESS IT WOULD APPEAR THAT HIS BRIEF STAY IN A NAVAL HOSPITAL IN NEW YORK WAS IN A TRANSIT STATUS AND THAT HIS INTENDED TRANSFER FROM OVERSEAS WAS TO THE WALTER REED ARMY HOSPITAL AT WASHINGTON, D.C. THE TRAVEL OF YOU AND YOUR CHILDREN THEREAFTER WAS PERFORMED AFTER YOUR HUSBAND'S RETIREMENT. CONSEQUENTLY, WHEN HE WAS RETIRED ON SEPTEMBER 3, 1960, HE WAS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS FOR A DISTANCE NOT TO EXCEED THAT FROM WASHINGTON, D.C., TO PEMBERTON HEIGHTS, NEW JERSEY, THE PLACE SELECTED BY YOU IN HIS BEHALF AS THE HOME TO WHICH HE WOULD TRAVEL UPON RETIREMENT.

FURTHER EXAMINATION OF A CLAIM FILED BY YOUR HUSBAND ON MAY 23, 1951, FOR STATION PER DIEM QUARTERS ALLOWANCE FOR THE PERIOD AUGUST 1, 1950, TO MARCH 31, 1951, WHILE ON DUTY WITH THE TRIESTE UNITED STATES TROOPS,HAS LED TO THE CONCLUSION THAT HE IS PROPERLY ENTITLED TO THE ALLOWANCE CLAIMED FOR THAT PERIOD. ALSO THE RECORD REVEALS THAT HE IS INDEBTED TO THE GOVERNMENT IN THE SUM OF $182, REPRESENTING A FAMILY ALLOWANCE PAYMENT IN THAT AMOUNT NOT DEDUCTED FROM HIS PAY ACCOUNT FOR JUNE 1952. ACCORDINGLY, IN A SETTLEMENT TO ISSUE IN DUE COURSE YOU WILL BE ALLOWED THE MONETARY ALLOWANCE AUTHORIZED IN APPLICABLE REGULATIONS FOR THE TRANSPORTATION OF YOUR HUSBAND'S DEPENDENTS FOR THE DISTANCE FROM WASHINGTON, D.C., TO PEMBERTON HEIGHTS, AND IN ADDITION THERE WILL BE ALLOWED AN AMOUNT REPRESENTING THE STATION PER DIEM QUARTERS ALLOWANCE DUE INCIDENT TO HIS SERVICE DURING THE PERIOD AUGUST 1, 1950, TO MARCH 31, 1951, LESS THE SUM OF $182.