B-148963, JAN. 4, 1963

B-148963: Jan 4, 1963

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JACK SURRIDGE: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8. YOU WERE ORDERED TO PROCEED FROM YOUR HOME. THE ORDERS FURTHER PROVIDED THAT TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED. YOU WERE REIMBURSED $398.70 FOR THEIR TRAVEL. WHILE YOU WERE ON ACTIVE DUTY. 1958 WERE AMENDED TO EXTEND YOUR COURSE OF TRAINING TO ON OR ABOUT APRIL 25. YOU WERE ADVISED THAT PARAGRAPH 7000-4 OF THE JOINT TRAVEL REGULATIONS DOES NOT AUTHORIZE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO A MEMBER CALLED TO ACTIVE DUTY FOR TRAINING FOR A PERIOD OF LESS THAN ONE YEAR. YOU ENCLOSE A CERTIFICATE FROM YOUR COMMANDING OFFICER IN THE WASHINGTON ARMY NATIONAL GUARD STATING THAT UPON DEPARTING BELLEVUE TO ENTER UPON ACTIVE DUTY YOU WERE ADVISED THAT UPON COMPLETION OF THE COURSE OF INSTRUCTION AT FORT BLISS ON OR ABOUT FEBRUARY 6.

B-148963, JAN. 4, 1963

TO MR. JACK SURRIDGE:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8, 1962, RELATIVE TO A PAYMENT MADE TO YOU IN THE AMOUNT OF $398.70 FOR TRAVEL OF YOUR DEPENDENTS FROM BELLEVUE, WASHINGTON, TO FORT BLISS, TEXAS, IN MARCH 1958.

BY PARAGRAPH 4, SPECIAL ORDERS NO. 74, DATED MARCH 15, 1958, YOU WERE ORDERED TO PROCEED FROM YOUR HOME, BELLEVUE, WASHINGTON, ON MARCH 26, 1958, AND REPORT TO THE COMMANDANT, UNITED STATES ARMY AIR DEFENSE SCHOOL, FORT BLISS, TEXAS, ON MARCH 28, 1958, FOR THE PURPOSE OF ACTIVE DUTY FOR TRAINING. THE ORDERS PROVIDED THAT UPON COMPLETION OF THE COURSE OF INSTRUCTION ON OR ABOUT FEBRUARY 6, 1959, UNLESS SOONER RELIEVED BY PROPER AUTHORITY, YOU WOULD RETURN HOME. THE ORDERS FURTHER PROVIDED THAT TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED. YOUR DEPENDENTS TRAVELED FROM BELLEVUE TO FORT BLISS DURING THE PERIOD MARCH 26 TO 28, 1958, AND YOU WERE REIMBURSED $398.70 FOR THEIR TRAVEL. SUBSEQUENTLY, WHILE YOU WERE ON ACTIVE DUTY, BY PARAGRAPH 3, SPECIAL ORDERS NO. 308, DATED NOVEMBER 4, 1958, THE ORDERS OF MARCH 15, 1958 WERE AMENDED TO EXTEND YOUR COURSE OF TRAINING TO ON OR ABOUT APRIL 25, 1959.

BY OFFICE LETTER OF OCTOBER 16, 1962, YOU WERE ADVISED THAT PARAGRAPH 7000-4 OF THE JOINT TRAVEL REGULATIONS DOES NOT AUTHORIZE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO A MEMBER CALLED TO ACTIVE DUTY FOR TRAINING FOR A PERIOD OF LESS THAN ONE YEAR, AND THAT THE AMENDATORY ORDERS OF NOVEMBER 4, 1958, MAY NOT BE GIVEN RETROACTIVE EFFECT TO THE DATE OF THE ORIGINAL ORDERS OF MARCH 18, 1958, SO AS TO ENTITLED YOU TO MONETARY ALLOWANCE FOR TRANSPORTATION OF DEPENDENTS FROM BELLEVUE, WASHINGTON, TO EL PASO, TEXAS. WITH YOUR PRESENT LETTER REQUESTING RECONSIDERATION, HOWEVER, YOU ENCLOSE A CERTIFICATE FROM YOUR COMMANDING OFFICER IN THE WASHINGTON ARMY NATIONAL GUARD STATING THAT UPON DEPARTING BELLEVUE TO ENTER UPON ACTIVE DUTY YOU WERE ADVISED THAT UPON COMPLETION OF THE COURSE OF INSTRUCTION AT FORT BLISS ON OR ABOUT FEBRUARY 6, 1959, YOU WOULD REMAIN AN ADDITIONAL 8 WEEKS FOR FURTHER TRAINING.

THUS, IT NOW APPEARS THAT WHEN THE ORDERS OF MARCH 18, 1958, WERE ISSUED IT WAS CONTEMPLATED BY THE WASHINGTON ARMY NATIONAL GUARD THAT YOUR DUTY WOULD EXTEND MORE THAN ONE YEAR AND THAT THIS FACT WAS KNOWN TO YOU WHEN YOUR DEPENDENTS TRAVELED TO YOUR STATION. SINCE IT WAS IN FACT EXTENDED TO MORE THAN ONE YEAR BY AMENDATORY ORDERS WHILE YOU WERE ON THE DUTY AND YOU SERVED APPROXIMATELY 13 MONTHS, NO FURTHER ACTION WILL BE TAKEN TO EFFECT COLLECTION OF THE PAYMENT OF $398.70 FOR TRAVEL OF YOUR DEPENDENTS FROM YOUR HOME TO YOUR STATION.