B-155288, NOV. 18, 1964

B-155288: Nov 18, 1964

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USAR: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15. YOU HAVE SINCE EXPLAINED THAT CHIBA-KEN IS ADJACENT TO TACHIKAWA AIR BASE. IN THE PRESENTATION OF YOUR CLAIM YOU STATED THAT THE ONLY ORDERS ISSUED FOR YOUR WIFE'S TRAVEL WERE THOSE COVERING HER TRAVEL FROM OKINAWA TO JAPAN (PRESUMABLY CHIBA-KEN). AT THE TIME YOUR RETIREMENT ORDERS WERE ISSUED YOUR WIFE WAS RESIDING IN CHIBA-KEN TO EL PASO. YOUR CLAIM FOR REIMBURSEMENT FOR THE LATTER TRAVEL WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THEREIN. IN YOUR PRESENT LETTER YOU SAY THAT EL PASO IS YOUR WIFE'S HOME. THAT SHE TRAVELED FROM EL PASO TO OKINAWA IN 1961 INCIDENT TO ORDERS ASSIGNING YOU TO AN ISLAND OFF THE SHORES OF OKINAWA WHERE DEPENDENTS WERE NOT PERMITTED ALTHOUGH THEY WERE PERMITTED ON OKINAWA.

B-155288, NOV. 18, 1964

TO FRANK C. KLECKNER, CWO, USAR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1964, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 25, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENT WIFE FROM EL PASO, TEXAS, TO CHIBA-KEN, JAPAN, INCIDENT TO PARAGRAPH 170, SPECIAL ORDERS NO. 20, DATED JANUARY 22, 1964.

THE CITED ORDERS DIRECTED YOUR RETIREMENT FROM ACTIVE SERVICE EFFECTIVE APRIL 1, 1964. THE RECORD SHOWS THAT YOU RECEIVED THE ORDERS AT OKINAWA, APO 331; THAT YOU TRAVELED FROM KADENNA AIR BASE, OKINAWA, TO TACHIKAWA AIR BASE, JAPAN, ON APRIL 4, 1964; THAT YOU DESIGNATED THE LATTER PLACE AS YOUR HOME OF SELECTION UPON RETIREMENT; AND THAT YOU REQUESTED THAT TRAVEL CHECK BE MAILED TO YOU AT THE ADDRESS SHOWN ABOVE. YOU HAVE SINCE EXPLAINED THAT CHIBA-KEN IS ADJACENT TO TACHIKAWA AIR BASE, AND THAT THEY MIGHT BE CONSIDERED AS ONE AND THE SAME. IN THE PRESENTATION OF YOUR CLAIM YOU STATED THAT THE ONLY ORDERS ISSUED FOR YOUR WIFE'S TRAVEL WERE THOSE COVERING HER TRAVEL FROM OKINAWA TO JAPAN (PRESUMABLY CHIBA-KEN). AT THE TIME YOUR RETIREMENT ORDERS WERE ISSUED YOUR WIFE WAS RESIDING IN CHIBA-KEN TO EL PASO, TEXAS, AT PERSONAL EXPENSE AND RETURNED FROM EL PASO TO CHIBA KEN DURING THE PERIOD APRIL 27 TO 30, 1964. YOUR CLAIM FOR REIMBURSEMENT FOR THE LATTER TRAVEL WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THEREIN.

IN YOUR PRESENT LETTER YOU SAY THAT EL PASO IS YOUR WIFE'S HOME; THAT SHE TRAVELED FROM EL PASO TO OKINAWA IN 1961 INCIDENT TO ORDERS ASSIGNING YOU TO AN ISLAND OFF THE SHORES OF OKINAWA WHERE DEPENDENTS WERE NOT PERMITTED ALTHOUGH THEY WERE PERMITTED ON OKINAWA; THAT SHE SUBSEQUENTLY TRAVELED TO JAPAN TO VISIT HER PARENTS; THAT HER TRAVEL TO EL PASO IN FEBRUARY 1964, WAS TO RETURN TO HER HOME TO ESTABLISH A RESIDENCE, AND THAT THE APRIL TRIP TO JAPAN WAS A DIRECT RESULT OF YOUR CHOOSING A LOCATION IN THAT COUNTRY AS YOUR HOME OF SELECTION UPON RETIREMENT. ALTHOUGH THE CLAIM PRESENTED HERE WAS FOR THE APRIL 1964 TRAVEL, YOU NOW SAY IT WAS YOUR INTENTION TO CLAIM REIMBURSEMENT FOR EITHER THE 1961 TRIP FROM EL PASO TO OKINAWA OR THE 1964 TRIP FROM EL PASO TO CHIBA-KEN. SINCE THE SETTLEMENT WAS CONCERNED ONLY WITH THE 1964 TRAVEL, YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRANSPORTATION OF DEPENDENTS TO THE HOME SELECTED FOR HIS OWN TRAVEL ALLOWANCE UNDER SECTION 404/C) UPON RETIREMENT. PARAGRAPH 7012 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT THERETO, PROVIDES THAT A MEMBER ON ACTIVE DUTY WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM HIS LAST DUTY STATION, OR THE PLACE TO WHICH THEY WERE LAST TRANSPORTED AT GOVERNMENT EXPENSE, TO THE PLACE SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING HIS OWN TRAVEL ALLOWANCE UPON RETIREMENT.

SINCE YOU SELECTED CHIBA-KEN AS YOUR HOME UPON RETIREMENT, AND SINCE YOUR WIFE APPARENTLY HAD TRAVELED THERE FROM OKINAWA PURSUANT TO GOVERNMENT ORDERS AND WAS IN THAT CITY WHEN YOUR RETIREMENT ORDERS WERE ISSUED, NO TRANSPORTATION FOR YOUR WIFE WAS AUTHORIZED UNDER THE CITED REGULATIONS INCIDENT TO THOSE ORDERS. THEREFORE, REGARDLESS OF THE REASON FOR HER TRAVEL TO EL PASO AFTER THE ORDERS WERE ISSUED, THERE IS NO BASIS FOR REIMBURSEMENT FOR THE RETURN TRAVEL.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 25, 1964, IS SUSTAINED.

AS TO THE 1961 TRAVEL, IF THE CIRCUMSTANCES ARE AS STATED IN YOUR LETTER IT IS SUGGESTED THAT YOU PRESENT A CLAIM THROUGH THE APPROPRIATE ARMY FINANCE OFFICE ACCOMPANIED BY A COPY OF THE ORDERS ASSIGNING YOU TO A RESTRICTED ISLAND OFF OKINAWA. THE CLAIM SHOULD SHOW YOUR WIFE'S LOCATION UPON RECEIPT OF THOSE ORDERS AND THE DATES AND POINTS OF HER TRAVEL INCIDENT TO THE ORDERS.