B-146050, AUG. 24, 1961

B-146050: Aug 24, 1961

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WOOLAWAY: REFERENCE IS MADE TO YOUR LETTER OF MAY 20. THE RECORD SHOWS THAT YOU WERE PERMANENTLY ATTACHED TO THE U.S.S. WAS RECEIVED ON BOARD CHANGING THE HOME PORT OF THE VESSEL FROM NEWPORT. FOR WHICH YOU WERE PAID THE SUM OF $197.94 ON D.O. IN ADDITION YOUR PAY ACCOUNT WAS CREDITED WITH THE SUM OF $94.20. YOU WERE DETACHED FROM YOUR SEA DUTY ASSIGNMENT IN HAWAII AND DIRECTED TO REPORT FOR TRANSPORTATION TO THE UNITED STATES. YOU WERE DETACHED FROM DUTY AT THE U.S. YOU WERE TO CONSIDER YOURSELF RELEASED FROM ACTIVE DUTY. FOR WHICH YOU WERE PAID THE SUM OF $160.80 ON D.O. WAS PERFORMED AFTER YOU RECEIVED YOUR RELEASE FROM ACTIVE DUTY ORDERS IT APPEARED THAT THE TRAVEL WAS PERFORMED ONLY FOR THE INTERIM PERIOD PENDING YOUR RELEASE FROM ACTIVE DUTY RATHER THAN FOR THE PURPOSE OF ESTABLISHING RESIDENCE THERE.

B-146050, AUG. 24, 1961

TO MR. THOMAS P. WOOLAWAY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 20, 1961, CONCERNING YOUR INDEBTEDNESS IN THE SUM OF $413.28 REPRESENTING ERRONEOUS PAYMENT FOR DEPENDENT'S TRAVEL AND DISLOCATION ALLOWANCE INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVAL RESERVE.

THE RECORD SHOWS THAT YOU WERE PERMANENTLY ATTACHED TO THE U.S.S. HARVESON (DER-316) WITH THE RANK OF LIEUTENANT (JG) WHEN THE LETTER FROM THE CHIEF OF NAVAL OPERATIONS DATED MAY 20, 1957, WAS RECEIVED ON BOARD CHANGING THE HOME PORT OF THE VESSEL FROM NEWPORT, RHODE ISLAND, TO PEARL HARBOR, HAWAII, AND THE HOME YARD FROM CHARLESTON, SOUTH CAROLINA, TO PEARL HARBOR, HAWAII. ON MAY 22, 1957, YOU RECEIVED YOUR RELEASE FROM ACTIVE DUTY ORDERS DATED APRIL 30, 1957, AUTHORIZING YOUR SEPARATION FROM THE SERVICE PRIOR TO SEPTEMBER 3, 1957. YOUR WIFE TRAVELED FROM SWANSEA, MASSACHUSETTS, TO GARDEN GROVE, CALIFORNIA, DURING THE PERIOD FROM JULY 15 TO AUGUST 17, 1957, FOR WHICH YOU WERE PAID THE SUM OF $197.94 ON D.O. VOUCHER NO. PV11-48 IN THE AUGUST 1957 ACCOUNTS OF ENSIGN T. GATELY, SYMBOL NO. B7294. IN ADDITION YOUR PAY ACCOUNT WAS CREDITED WITH THE SUM OF $94.20, REPRESENTING DISLOCATION ALLOWANCE INCIDENT TO THIS TRAVEL. SECOND ENDORSEMENT DATED AUGUST 22, 1957, TO YOUR ORDERS OF APRIL 30, 1957, YOU WERE DETACHED FROM YOUR SEA DUTY ASSIGNMENT IN HAWAII AND DIRECTED TO REPORT FOR TRANSPORTATION TO THE UNITED STATES. BY FOURTH ENDORSEMENT DATED AUGUST 27, 1957, YOU WERE DETACHED FROM DUTY AT THE U.S. NAVAL RECEIVING STATION, SAN FRANCISCO, CALIFORNIA, AND AUTHORIZED NINE DAYS' TRAVEL TIME TO RETURN TO YOUR HOME OF RECORD IN ALIQUIPPA, PENNSYLVANIA. UPON EXPIRATION OF THAT TIME, ON SEPTEMBER 5, 1957, YOU WERE TO CONSIDER YOURSELF RELEASED FROM ACTIVE DUTY. YOUR WIFE TRAVELED FROM GARDEN GROVE, CALIFORNIA, TO ALIQUIPPA, PENNSYLVANIA, DURING THE PERIOD FROM AUGUST 27 TO OCTOBER 3, 1957, FOR WHICH YOU WERE PAID THE SUM OF $160.80 ON D.O. VOUCHER NO. 129970 IN THE NOVEMBER 1957 ACCOUNTS OF R. A. WATSON. OUR DEFENSE ACCOUNTING AND AUDITING DIVISION TOOK EXCEPTION TO THE PAYMENTS FOR DEPENDENT TRAVEL AND DISLOCATION ALLOWANCE FOR THE REASON THAT SINCE THE TRAVEL TO GARDEN GROVE, CALIFORNIA, WAS PERFORMED AFTER YOU RECEIVED YOUR RELEASE FROM ACTIVE DUTY ORDERS IT APPEARED THAT THE TRAVEL WAS PERFORMED ONLY FOR THE INTERIM PERIOD PENDING YOUR RELEASE FROM ACTIVE DUTY RATHER THAN FOR THE PURPOSE OF ESTABLISHING RESIDENCE THERE. UNDER SUCH CIRCUMSTANCES IT WAS CONSIDERED THAT YOU WERE ENTITLED ONLY TO REIMBURSEMENT IN THE SUM OF $39.66 FOR YOUR DEPENDENT'S TRAVEL FOR SWANSEA, MASSACHUSETTS, TOALIQUIPPA, PENNSYLVANIA, AND THAT SINCE YOU WERE PAID A TOTAL OF $452.94 ($160.80 PLUS $197.94 PLUS $94.20), YOU WERE OVERPAID THE SUM OF $413.28 ($452.94 LESS $39.66).

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), PROVIDES THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. PARAGRAPH 7000-13, JOINT TRAVEL REGULATIONS. PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO OTHERWISE AUTHORIZED TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR ANY TRAVEL TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE, AND THAT TRAVEL EXPENSES OF DEPENDENTS FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. THUS, RIGHT TO TRANSPORTATION OF DEPENDENTS AT THE EXPENSE OF THE GOVERNMENT IS NOT AN ALLOWANCE PAYABLE IN ALL EVENTS ON THE BASIS THAT SOME TRAVEL WAS PERFORMED. EVEN THOUGH TRAVEL IS PERFORMED, NO RIGHT TO REIMBURSEMENT BY THE GOVERNMENT ARISES UNLESS THE TRAVEL MAY BE CONSIDERED AS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AN ORDERED PERMANENT CHANGE OF STATION FOR THE MEMBER IN THE SERVICE. 33 COMP. GEN. 431. PARAGRAPH 9003-2 OF THE REGULATIONS PROVIDES FURTHER THAT A DISLOCATION ALLOWANCE IS NOT PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED FOR PURPOSES OTHER THAN TO ESTABLISH A RESIDENCE.

IN YOUR PRESENT LETTER YOU SAY THAT AFTER YOUR RELEASE FROM ACTIVE DUTY YOU APPLIED FOR SEVERAL JOBS ON THE WEST COAST AND WERE IN FACT HIRED OUT THERE WHICH YOU CONTEND INDICATED YOUR INTENTION OF REMAINING ON THE WEST COAST. HOWEVER, AS SHOWN ABOVE, THE RECORD SHOWS THAT YOUR WIFE ARRIVED AT GARDEN GROVE, CALIFORNIA, ON AUGUST 17, 1957, AND LEFT THERE ON AUGUST 27, 1957, WHICH WAS THE SAME DAY YOU COMPLETED YOUR SEPARATION PROCESSING AT THE UNITED STATES NAVAL RECEIVING STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, AND PRIOR TO YOUR RELEASE FROM ACTIVE DUTY ON SEPTEMBER 5.

IN THE LIGHT OF THE FACTS AND CIRCUMSTANCES AS SET FORTH ABOVE WE MAY NOT CONCLUDE THAT YOUR WIFE'S TRAVEL TO CALIFORNIA WAS PERFORMED FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE INCIDENT TO THE CHANGE IN HOME YARD AND HOME PORT OF YOUR SHIP.

THE FACT THAT THE NAVY OFFICERS MAY HAVE LED YOU TO BELIEVE THAT YOU COULD BE REIMBURSED FOR YOUR WIFE'S TRAVEL ON THE BASIS OF THE CHANGE OF STATION EFFECTED BY THE CHANGE OF HOME PORT AND HOME YARD, NOTWITHSTANDING YOUR RECEIPT OF RELEASE FROM ACTIVE DUTY ORDERS, DOES NOT PERMIT US TO DISREGARD THE APPLICABLE REGULATIONS. ACCORDINGLY, THERE IS NO BASIS UPON WHICH WE MAY RELEASE YOU FROM YOUR INDEBTEDNESS TO THE UNITED STATES AND YOU ARE AGAIN REQUESTED TO REMIT THE SUM OF $413.28 BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE.' IT SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C.

CONCERNING THE MATTER OF POSSIBLE FINANCIAL HARDSHIP IN MAKING REPAYMENT, AN INSTALLMENT PAYMENT SCHEDULE MAY BE ARRANGED IF YOU WILL SUBMIT AN INITIAL PAYMENT TOGETHER WITH A DEFINITE PLAN FOR LIQUIDATION OF THE BALANCE WITHIN A REASONABLE TIME.