B-149772, SEP. 19, 1962

B-149772, SEP. 19, 1962

TO FIRST SERGEANT LEE M NEAGLE, USA, RETIRED:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED AUGUST 15, 1962, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 7, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF DEPENDENTS ON NOVEMBER 15 AND 16, 1961, FROM WASHINGTON, D.C., TO RADCLIFF, KENTUCKY, YOUR HOME OF SELECTION, INCIDENT TO YOUR RETIREMENT.

BY EVACUATION ORDER NO. 61-145, HEADQUARTERS, 97TH GENERAL HOSPITAL, APO 757, UNITED STATES FORCES, DATED OCTOBER 23, 1961, AND SPECIAL ORDERS NO. AC-823, DATED OCTOBER 25, 1961, YOU WERE TRANSFERRED FROM AN OVERSEAS HOSPITAL TO WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., FOR FURTHER OBSERVATION, TREATMENT AND DISPOSITION. INCIDENT THERETO AND PURSUANT TO THE PROVISIONS OF PARAGRAPH 35A (1) (A), ARMY REGULATIONS 55-46 AND PARAGRAPH 7004-2, JOINT TRAVEL REGULATIONS, LETTER ORDER 10-33, DATED OCTOBER 23, 1961, AUTHORIZED THE TRANSPORATION OF YOUR DEPENDENTS FROM SANDHOFEN, GERMANY, TO COLUMBIA, KENTUCKY. THE RECORD SHOWS THAT YOUR DEPENDENTS TRAVELED FROM MANNHEIN, GERMANY, TO WASHINGTON, D.C., DURING THE PERIOD FROM OCTOBER 25 TO NOVEMBER 13, 1961, AND YOU WERE PAID $25.65 AS REIMBURSEMENT FOR THEIR TRAVEL FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO WASHINGTON, D.C., AND $96.90 AS DISLOCATION ALLOWANCE INCIDENT TO SUCH TRAVEL. BY PARAGRAPH 113, SPECIAL ORDER NUMBER 69, HEADQUARTERS, DEPARTMENT OF THE ARMY, DATED MARCH 27, 1962, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY EFFECTIVE APRIL 3, 1962, AND PLACED ON THE RETIRED LIST APRIL 4, 1962. IN YOUR CERTIFICATE FOR TRAVEL TO HOME OF SELECTION YOU SHOW YOUR DEPENDENTS TRAVELED FROM WASHINGTON, D.C., TO RADCLIFF, KENTUCKY, YOUR HOME OF SELECTION, NOVEMBER 15 AND 16, 1961, WHEREAS YOU TRAVELED TO YOUR HOME APRIL 3, 1962.

YOUR CLAIM WAS SUBMITTED TO THIS OFFICE FOR CONSIDERATION AND BY SETTLEMENT DATED AUGUST 7, 1962, IT WAS DISALLOWED FOR THE REASONS THERE STATED SINCE THE RECORD DID NOT ESTABLISH THAT THE TRAVEL PERFORMED AS AUTHORIZED AT GOVERNMENT EXPENSE.

YOU SAY THAT ALL REFERENCES IN OUR SETTLEMENT PERTAIN TO ACTIVE DUTY PERSONNEL AND YOU CITE PARAGRAPH 60, DEPARTMENT OF THE ARMY PAMPHLET 600-5 WHICH IS THE RETIRED ARMY PERSONNEL HANDBOOK, AS AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 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 CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS OR TO REIMBURSEMENT IN LIEU THEREOF. THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT ACT DEFINE THE TERM "MEMBER" IN PARAGRAPH 1150-1 AS INCLUDING A RETIRED PERSON OF THE UNIFORMED SERVICES. THE PROVISIONS OF PARAGRAPH 60, DEPARTMENT OF THE ARMY PAMPHLET 600-5 ARE DERIVED FROM THE JOINT TRAVEL REGULATIONS, INCLUDING PARAGRAPH 7012 THEREOF, WHICH PARAGRAPH SETS FORTH THE RIGHTS OF MEMBERS TO TRANSPORTATION OF THEIR DEPENDENTS AT GOVERNMENT EXPENSE UPON RETIREMENT, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, ETC. THIS PARAGRAPH IS SUBJECT TO THE LIMITATION IMPOSED BY PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION (WHICH INCLUDES CHANGE FROM LAST DUTY STATION TO HOME OF SELECTION UPON RETIREMENT) FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW STATION, EXCEPT WHERE THE DEPENDENTS DEPARTED THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER OR HIS DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE CHANGE-OF-STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. MERE GENERAL INFORMATION AS TO THE TIME OF EVENTUAL RELEASE FROM ACTIVE DUTY ON THE BASIS OF AN APPLICATION FOR RETIREMENT IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATIONS. 34 COMP. GEN. 241. SINCE NO CERTIFICATE CONCERNING ADVANCE NOTICE HAS BEEN FURNISHED, THERE IS NO BASIS FOR REIMBURSEMENT OF YOUR DEPENDENTS' TRAVEL EXPENSES FROM WASHINGTON, D.C., TO RADCLIFF, KENTUCKY, THE TRAVEL HAVING BEEN PERFORMED LONG PRIOR TO THE ISSUANCE OF ORDERS FOR YOUR RETIREMENT.

IT IS NOTED THAT LETTER ORDER 10-33 DATED OCTOBER 23, 1961, AUTHORIZES THE TRANSPORTATION OF YOUR DEPENDENTS TO COLUMBIA, KENTUCKY, CITING AS AUTHORITY FOR SUCH TRANSPORTATION PARAGRAPH 35A (1) (A), ARMY REGULATION 55-46, AND PARAGRAPH 7004-2, JOINT TRAVEL REGULATIONS, AS CHANGED. PARAGRAPH 35A (1) (A), ARMY REGULATIONS 55-46 PROVIDES THAT UPON A PERMANENT CHANGE OF STATION OF THE MEMBER, AND IF OTHERWISE PROPER UNDER THE JOINT TRAVEL REGULATIONS, OVERSEAS COMMANDERS MAY AUTHORIZE RETURN TRANSPORTATION FROM OVERSEAS DEPENDENTS WHO WERE ORIGINALLY AUTHORIZED TO TRAVEL TO THE OVERSEAS STATION. PARAGRAPH 7004-2, JOINT TRAVEL REGULATIONS, PROVIDES THAT A MEMBER ON ACTIVE DUTY OUTSIDE THE UNITED STATES WHO IS TRANSFERRED AS A PATIENT TO A HOSPITAL IN THE UNITED STATES FOR OBSERVATION AND TREATMENT MAY HAVE HIS DEPENDENTS MOVED FROM THE OVERSEAS STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED AND, IN HIS OPTION, TRANSPORTATION MAY BE ISSUED FOR HIS DEPENDENTS TO ANOTHER POINT IN THE UNITED STATES UPON HIS PAYMENT OF THE EXCESS COST OVER THAT FROM THE PORT OF ENTRY TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED. THEREFORE, THE TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE UPON YOUR TRANSFER TO WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., WAS LIMITED TO THE COST TO THAT CITY. ACCORDINGLY, THE SETTLEMENT OF AUGUST 7, 1962, WAS CORRECT AND IS SUSTAINED.