B-148472, MAY 8, 1962

B-148472, MAY 8, 1962

TO MR. CURTIS A. BAHL:

REFERENCE IS MADE TO LETTER OF MARCH 9, 1962, FROM YOUR WIFE, WRITTEN IN YOUR BEHALF, REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 21, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR HER TRAVEL FROM SAN RAFAEL, CALIFORNIA, TO LE CENTER, MINNESOTA, DURING THE PERIOD SEPTEMBER 5 TO 8, 1961.

THE RECORD SHOWS THAT BY ORDERS DATED JULY 5, 1961, YOU WERE RELIEVED FROM YOUR DUTY STATION AT PRESIDIO OF SAN FRANCISCO, CALIFORNIA, AND ASSIGNED TO ARMY PERSONNEL CENTER, OAKLAND, CALIFORNIA, FOR THE PURPOSE OF SEPARATION FROM THE SERVICE. BY ORDERS DATED JULY 7, 1961, YOU WERE SEPARATED FROM THE SERVICE ON THAT DATE. YOUR HOME OF RECORD WAS SHOWN AS LEWISTON, MINNESOTA, ON AUGUST 8, 1961, AT MINNEAPOLIS, MINNESOTA, YOU REENLISTED IN THE REGULAR ARMY AND BY SPECIAL ORDERS NO. 161, ISSUED ON THE SAME DATE, YOU WERE ASSIGNED TO FORT LEONARD WOOD, MISSOURI, FOR FURTHER PROCESSING AND ASSIGNMENT. BY SPECIAL ORDERS NO. 182, DATED AUGUST 24, 1961, YOU WERE PERMANENTLY ASSIGNED AT FORT RILEY, KANSAS. DURING THE PERIOD SEPTEMBER 5 TO 8, 1961, YOUR WIFE TRAVELED FROM SAN RAFAEL, CALIFORNIA, TO LE CENTER, MINNESOTA. SHE LATER TRAVELED FROM THERE TO OGDEN, KANSAS, ON SEPTEMBER 21, 1961, FOR WHICH TRAVEL YOU RECEIVED PAYMENT IN THE SUM OF $35.46 ON D.O. VOUCHER 605889 IN THE OCTOBER 1961 ACCOUNTS OF MAJOR R.G. WINTER, FC, SYMBOL NO. 6414.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION FOR DEPENDENTS. PARAGRAPH 3003-1 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDES THAT A PERMANENT CHANGE OF STATION INCLUDES THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION UPON ENLISTMENT, AND FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON DISCHARGE. UNDER THAT AUTHORITY TRANSPORTATION FROM THE ESTABLISHED RESIDENCE OF THE DEPENDENTS AT THE TIME OF REENLISTMENT, WHETHER LOCATED AT A MILITARY INSTALLATION OR ELSEWHERE, TO THE DUTY STATION TO WHICH THE MEMBER IS ASSIGNED UPON REENLISTMENT.

YOUR WIFE DID NOT TRAVEL TO YOUR HOME OF RECORD INCIDENT TO YOUR DISCHARGE. INSTEAD SHE REMAINED AT HER ESTABLISHED RESIDENCE AT SAN RAFAEL UNTIL AFTER YOUR REENLISTMENT AND ASSIGNMENT AT FORT RILEY. SHE THEN PROCEEDED TO LE CENTER, MINNESOTA, FOR A SHORT VISIT AFTER WHICH SHE TRAVELED TO OGDEN, KANSAS. IN THESE CIRCUMSTANCES THE REIMBURSEMENT TO WHICH YOU ARE ENTITLED FOR YOUR WIFE'S TRAVEL INCIDENT TO YOUR DISCHARGE AND REENLISTMENT IS LIMITED TO THE COST OF TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO FORT RILEY, KANSAS.

SINCE THE RECORD SHOWS THAT YOU WERE PAID FOR YOUR WIFE'S TRAVEL FROM LE CENTER, MINNESOTA, TO OGDEN, KANSAS, IT APPEARS YOU ARE ENTITLED TO ADDITIONAL REIMBURSEMENT BASED ON THE DISTANCE FROM SAN FRANCISCO, CALIFORNIA, TO FORT RILEY, KANSAS.

ACCORDINGLY, YOUR CLAIM WILL BE ALLOWED FOR YOUR WIFE'S TRANSPORTATION BASED ON THE DISTANCE FROM SAN FRANCISCO, CALIFORNIA, TO FORT RILEY, KANSAS, LESS THE SUM OF $35.46 RECEIVED FOR HER TRAVEL FROM LE CENTER, MINNESOTA, TO OGDEN, KANSAS. SETTLEMENT ON THIS BASIS WILL ISSUE IN DUE