B-149960, NOV. 13, 1962

B-149960: Nov 13, 1962

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USAF: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 12. YOU WERE RELIEVED FROM 3970 CIVIL ENGINEER SQUADRON. YOU WERE RELIEVED FROM ASSIGNMENT AS A PATIENT AT ANDREWS AIR FORCE BASE. TRANSPORTATION WAS FURNISHED FROM SPAIN TO MCGUIRE AIR FORCE BASE AND IN THE SETTLEMENT OF AUGUST 16. YOU WERE REIMBURSED FOR THEIR TRAVEL FROM THE LATTER POINT TO ATLANTA. YOUR DEPENDENTS WERE RESIDING AT 860 MARIAN AVENUE. WERE ISSUED AND INCIDENT TO THAT ORDER THEY TRAVELED FROM THAT CITY TO MACDILL AIR FORCE BASE. YOU WERE PAID $86.40 FOR THEIR TRAVEL BASED ON THE DISTANCE FROM ANDREWS AIR FORCE BASE TO MACDILL AIR FORCE BASE. THE PAYMENT WAS MADE ON VOUCHER T-1024 IN THE JULY ACCOUNTS OF L. SUCH TRAVEL WAS INCIDENT TO YOUR AUTHORIZED LEAVE.

B-149960, NOV. 13, 1962

TO SMS GILBERT J. PILKINGTON, USAF:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 12, 1962, REQUESTING FURTHER CONSIDERATION OF THE SETTLEMENT OF AUGUST 16, 1962, WHICH ALLOWED $57.21 REPRESENTING REIMBURSEMENT FOR TRAVEL OF DEPENDENTS FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO WASHINGTON, D.C., AND DISLOCATION ALLOWANCE, LESS PREVIOUS OVERPAYMENT FOR TRAVEL OF DEPENDENTS FROM ANDREWS AIR FORCE BASE, WASHINGTON, D.C., TO MACDILL AIR FORCE BASE, FLORIDA.

BY PARAGRAPH 5, SPECIAL ORDER AA-121, DATED MARCH 13, 1962, YOU WERE RELIEVED FROM 3970 CIVIL ENGINEER SQUADRON, SAC, APO 283, AND ASSIGNED TO UNITED STATES AIR FORCE HOSPITAL, ANDREWS AIR FORCE BASE, WASHINGTON, D.C. BY PARAGRAPH 2, SPECIAL ORDER A-102, DATED JUNE 7, 1962, YOU WERE RELIEVED FROM ASSIGNMENT AS A PATIENT AT ANDREWS AIR FORCE BASE, WASHINGTON, D.C., AND ASSIGNED TO MACDILL AIR FORCE BASE, FLORIDA, TO REPORT NOT LATER THAN JUNE 29, 1962. ON THE BASIS OF THE FIRST ORDERS YOUR DEPENDENTS (WIFE AND SON, AGE EIGHT) TRAVELED FROM MADRID, SPAIN, TO ATLANTA, GEORGIA, DURING THE PERIOD APRIL 8 TO 11, 1962. TRANSPORTATION WAS FURNISHED FROM SPAIN TO MCGUIRE AIR FORCE BASE AND IN THE SETTLEMENT OF AUGUST 16, 1962, YOU WERE REIMBURSED FOR THEIR TRAVEL FROM THE LATTER POINT TO ATLANTA, GEORGIA, NOT TO EXCEED THE DISTANCE TO ANDREWS AIR FORCE BASE, WASHINGTON, D.C. YOUR DEPENDENTS WERE RESIDING AT 860 MARIAN AVENUE, ATLANTA, GEORGIA, WHEN THE ORDERS OF JUNE 7, 1962, WERE ISSUED AND INCIDENT TO THAT ORDER THEY TRAVELED FROM THAT CITY TO MACDILL AIR FORCE BASE, FLORIDA, ARRIVING JULY 8, 1962. YOU WERE PAID $86.40 FOR THEIR TRAVEL BASED ON THE DISTANCE FROM ANDREWS AIR FORCE BASE TO MACDILL AIR FORCE BASE. THE PAYMENT WAS MADE ON VOUCHER T-1024 IN THE JULY ACCOUNTS OF L. D. WORLEY.

WHILE YOUR DEPENDENTS TRAVELED FROM ATLANTA, GEORGIA, TO ANDREWS AIR FORCE BASE AFTER YOU RECEIVED THE ORDERS OF JUNE 7, 1962, AND THENCE TO PENNSYLVANIA AND GEORGIA, SUCH TRAVEL WAS INCIDENT TO YOUR AUTHORIZED LEAVE. IT WAS NOT TRAVEL TO ESTABLISH A RESIDENCE AT ANDREWS AIR FORCE BASE INCIDENT TO ORDERS AND WAS NOT TRAVEL WHICH MAY BE CONSIDERED REIMBURSABLE UNDER THE CONTROLLING REGULATIONS. SINCE YOUR DEPENDENTS' RESIDENCE WAS AT ATLANTA WHEN YOU RECEIVED THE ORDERS OF JUNE 7, 1962, YOU WERE ENTITLED ONLY TO REIMBURSEMENT FOR THEIR TRAVEL FROM ATLANTA TO MACDILL AIR FORCE BASE. THEREFORE, YOU WERE OVERPAID $35.28 ON VOUCHER T- 1024, WHICH OVERPAYMENT WAS DEDUCTED IN THE SETTLEMENT OF AUGUST 16, 1962. IN THAT SETTLEMENT YOU WERE ALLOWED $15.39 (171 MILES AT 9 CENTS A MILE) FOR TRAVEL BY YOUR WIFE AND SON (AGE EIGHT) FROM MCGUIRE AIR FORCE BASE TO ANDREWS AIR FORCE BASE, INCIDENT TO SPECIAL ORDER AA-121, PLUS $77.10 AS DISLOCATION ALLOWANCE, A TOTAL OF $92.49, LESS THE OVERPAYMENT OF $35.28, OR A NET AMOUNT OF $57.21, PAYMENT OF WHICH WAS AFFECTED ON VOUCHER T-739 IN THE AUGUST 1962 ACCOUNTS OF J. J. VANYA.

IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT THE AMOUNT PAID FOR TRAVEL OF YOUR DEPENDENTS FROM MCGUIRE AIR FORCE BASE TO ANDREWS AIR FORCE BASE WAS FOR YOUR WIFE ONLY AND DID NOT INCLUDE YOUR SON. ALSO, YOU SAY THAT SINCE YOU WERE ASSIGNED TO THE HOSPITAL AT ANDREWS AIR FORCE BASE AS A PATIENT YOUR DEPENDENTS WERE UNABLE TO STAY WITH YOU AND WENT ON TO ATLANTA, FROM WHICH POINT THEY TRAVELED TO MACDILL AIR FORCE BASE UNDER SPECIAL ORDER A-102. YOU EXPRESS THE BELIEF THAT YOU SHOULD EITHER BE PAID FOR THEIR TRAVEL FROM MCGUIRE AIR FORCE BASE TO ATLANTA UNDER SPECIAL ORDER AA-121 OR FROM ANDREWS AIR FORCE BASE TO MACDILL AIR FORCE BASE UNDER SPECIAL ORDER A-102.

TRAVEL OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C) (NOW RECODIFIED AS 37 U.S.C. 406). PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED BY THE REGULATIONS.

PARAGRAPH 7004-2 OF THOSE 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 FURTHER OBSERVATION AND TREATMENT MAY HAVE HIS DEPENDENTS MOVED FROM THE OVERSEAS STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED, AND THAT AT THE OPTION OF THE MEMBER TRANSPORTATION MAY BE ISSUED FOR HIS DEPENDENTS TO ANOTHER POINT WITHIN THE UNITED STATES UPON PAYMENT, IF ANY, OF THE EXCESS COST OVER THAT FROM THE PORT OF ENTRY TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED. PARAGRAPH 7058 OF THE REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM OTHER THAN THE OLD PERMANENT STATION NOT TO EXCEED THE ENTITLEMENT FROM THE OLD TO THE NEW STATION. PARAGRAPH 7003-2 OF THE SAME REGULATIONS PROVIDES THAT THE MONETARY ALLOWANCE AUTHORIZED IN LIEU OF TRANSPORTATION IN KIND WILL BE SIX CENTS PER MILE FOR EACH DEPENDENT 12 YEARS OF AGE OR OVER, NOT TO EXCEED TWO SUCH DEPENDENTS AND THREE CENTS PER MILE FOR EACH DEPENDENT FIVE YEARS OF AGE OR OVER BUT UNDER 12 YEARS OF AGE.

THUS, ON THE BASIS OF THE ORDERS (AA-121) TRANSFERRING YOU FROM OVERSEAS TO THE USAF HOSPITAL, ANDREWS AIR FORCE BASE, WASHINGTON, D.C., YOU WERE ENTITLED TO TRANSPORTATION FOR YOUR DEPENDENTS TO THAT CITY OR TO SOME OTHER PLACE UPON PAYMENT BY YOU OF THE EXCESS COST INVOLVED. ALTHOUGH YOUR DEPENDENTS TRAVELED FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO ATLANTA, GEORGIA, INCIDENT TO THOSE ORDERS THE ENTITLEMENT WAS TO WASHINGTON, D.C., AND, THEREFORE, YOU COULD BE REIMBURSED FOR TRAVEL OF YOUR DEPENDENTS FOR NO GREATER DISTANCE THAN THAT FROM MCGUIRE AIR FORCE BASE TO ANDREWS AIR FORCE BASE. SUCH REIMBURSEMENT AS MADE WAS AT THE RATE OF 9 CENTS PER MILE AND THIS COVERED YOUR SON AS WELL AS YOUR WIFE.

ON THE BASIS OF THE ORDERS (A-102) TRANSFERRING YOU FROM THE USAF HOSPITAL, ANDREWS AIR FORCE BASE, TO MACDILL AIR FORCE BASE YOU WERE ENTITLED TO TRANSPORTATION FOR YOUR DEPENDENTS FROM THE PLACE WHERE THEN LOCATED TO MACDILL AIR FORCE BASE NOT TO EXCEED THE DISTANCE FROM ANDREWS AIR FORCE BASE TO MACDILL AIR FORCE BASE. SINCE YOUR DEPENDENTS WERE THEN LOCATED AT ATLANTA, GEORGIA, AND DID NOT ESTABLISH A RESIDENCE AT ANDREWS AIR FORCE BASE, THE ONLY TRAVEL PERFORMED BY THEM INCIDENT TO THOSE ORDERS FOR WHICH REIMBURSEMENT IS AUTHORIZED WAS FROM ATLANTA TO MACDILL AIR FORCE BASE. YOU HAD BEEN ERRONEOUSLY REIMBURSED FOR TRAVEL ON THE BASIS OF A GREATER DISTANCE AND THE OVERPAYMENT NECESSARILY WAS COLLECTED FROM YOU.