B-157304, SEPT. 1, 1965

B-157304, SEPT. 1, 1965

TO LIEUTENANT COLONEL WILLIAM A. PIERCE, AUS, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 16, 1965, ADDRESSED TO THE DEPARTMENT OF THE ARMY, IN EFFECT REQUESTING REVIEW OF THAT PORTION OF SETTLEMENT OF THIS OFFICE DATED SEPTEMBER 16, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM ALEXANDRIA, VIRGINIA, TO SAN ANTONIO, TEXAS, DURING THE PERIOD JUNE 14 TO 17, 1963, INCIDENT TO YOUR RETIREMENT.

BY PARAGRAPH 155, SPECIAL ORDERS NO. 147, ISSUED ON JUNE 9, 1964, BY HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., YOU WERE RETIRED AFTER MORE THAN 22 YEARS' SERVICE; RELIEVED FROM ACTIVE DUTY AND ASSIGNMENT IN WASHINGTON, D.C., EFFECTIVE JUNE 30, 1964, AND PLACED ON THE RETIRED LIST JULY 1, 1964. ON THE BASIS OF THOSE ORDERS YOU TRAVELED FROM WASHINGTON, D.C., TO YOUR HOME OF SELECTION, SAN ANTONIO, TEXAS, JUNE 20 TO 23, 1964. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $95.76 AS MILEAGE FOR YOUR TRAVEL, WHICH AMOUNT WAS APPLIED IN REDUCTION OF THE EXCESS COST INCURRED IN SHIPPING YOUR HOUSEHOLD EFFECTS. REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS, HOWEVER, WAS DENIED FOR THE REASON THAT THE TRAVEL PRECEDED THE ORDERS FOR YOUR RETIREMENT AND YOUR CLAIM WAS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVES, OF THE HEADQUARTERS ISSUING THE ORDERS THAT YOU WERE ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED, AS REQUIRED BY THE JOINT TRAVEL REGULATIONS. PRIOR TO THE ISSUANCE OF THAT SETTLEMENT YOUR CLAIM FOR TRAVEL OF YOUR DEPENDENTS WAS DENIED BY THE ARMY FOR THE SAME REASON BY LETTER OF JULY 23, 1964, FROM THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA. YOU WERE FURTHER ADVISED TO THE SAME EFFECT BY ARMY LETTER OF JUNE 8, 1965.

IN YOUR PRESENT LETTER YOU SAY THAT YOU MADE APPLICATION FOR TRAVEL OF YOUR DEPENDENTS ON APRIL 22, 1963, FOLLOWING RECEIPT OF A LETTER DATED MARCH 20, 1963, ADVISING YOU OF IMPENDING MANDATORY RELEASE FROM ACTIVE DUTY AS A RESERVE OFFICER; THAT YOU DID NOT APPLY FOR RETIREMENT UNTIL THE SPRING OF 1964, AND THAT YOU WERE NOT ADVISED BY THE ARMY OF THE CERTIFICATE REQUIREMENT FOR EARLY TRAVEL OF YOUR DEPENDENTS UNTIL YOU RECEIVED THE LETTER OF JULY 23, 1964. YOU REQUEST THAT YOU BE FURNISHED WITH A COPY OF THE REGULATIONS CONCERNING TRAVEL OF DEPENDENTS IN EFFECT DURING JUNE 1963, AND THAT COPIES OF ALL CORRESPONDENCE RELATING TO THE CLAIM BE FORWARDED TO THE ARMY BOARD FOR THE CORRECTION OF MILITARY RECORDS.

THE PROVISIONS OF 37 U.S.C. 404 AND 406, AUTHORIZE TRAVEL AND TRANSPORTATION ALLOWANCES, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, FOR MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS UPON CHANGE OF PERMANENT STATION (INCLUDING THE CHANGE FROM LAST DUTY STATION TO HOME OF SELECTION UPON RETIREMENT) PERFORMED UNDER ORDERS.

PARAGRAPH M7000-9 OF THE JOINT TRAVEL REGULATIONS (CHANGE 123, FEBRUARY 1, 1963) IN EFFECT IN JUNE 1963, COPY ENCLOSED, SPECIFICALLY PROVIDED THAT MEMBERS WERE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION EXCEPT WHEN THE DEPENDENTS DEPARTED FROM THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER WAS 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 OF PERMANENT CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. THAT PROVISION (NOW PARAGRAPH M7000-8) HAS BEEN IN EFFECT FOR MANY YEARS. THE REGULATION CONTEMPLATES THAT TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED UNTIL THE MEMBER HAS DEFINITE KNOWLEDGE THAT CERTAIN PERMANENT CHANGE OF STATION ORDERS WILL BE ISSUED. THEREFORE, IT LONG HAS BEEN THE RULE THAT THE REGULATION IS APPLICABLE ONLY WHERE THE DEPARTURE OF THE DEPENDENTS IS DURING THE COMPARATIVELY SHORT PERIOD OF TIME WHICH MAY ELAPSE BETWEEN THE TIME OF AND ADMINISTRATIVE DETERMINATION TO ORDER A MEMBER TO MAKE A CHANGE OF STATION AND THE DATE ON WHICH ORDERS DIRECTING SUCH CHANGE ACTUALLY ARE ISSUED. MERE GENERAL INFORMATION IS NOT SUFFICIENT TO MEET THE REQUIREMENTS. 34 COMP. GEN. 241.

WHILE YOU MAY HAVE APPLIED FOR TRAVEL OF YOUR DEPENDENTS IN APRIL 1963, SUCH APPLICATION APPARENTLY WAS MADE BECAUSE YOU EXPECTED TO BE RELEASED FROM ACTIVE DUTY PURSUANT TO THE LETTER OF MARCH 20, 1963, AND NOT BECAUSE YOU HAD DEFINITE KNOWLEDGE THAT RETIREMENT ORDERS WOULD BE ISSUED MORE THAN A YEAR LATER. IN THIS CONNECTION IT APPEARS FROM YOUR OWN STATEMENT THAT YOUR RETIREMENT ORDERS WERE ISSUED PURSUANT TO YOUR APPLICATION MADE IN THE SPRING OF 1964, LONG AFTER YOUR DEPENDENTS HAD PERFORMED THE TRAVEL INVOLVED. IN ANY EVENT IN THE ABSENCE OF A CERTIFICATE AS REQUIRED BY THE REGULATIONS THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR TRAVEL OF YOUR DEPENDENTS NOTWITHSTANDING THAT YOU MAY NOT HAVE BEEN AWARE OF THE REGULATION. AND, IN VIEW OF THE CIRCUMSTANCES APPEARING IT IS DOUBTFUL THAT ANY PROPER BASIS EXISTS FOR THE ISSUANCE OF SUCH A CERTIFICATE IN YOUR CASE.

ANY ACTION YOU MAY WISH TO PURSUE WITH THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS (OFFICE OF THE SECRETARY OF THE ARMY, WASHINGTON, D.C. 20315), UNDER 10 U.S.C. 1552, IS FOR SUBMISSION TO THE BOARD BY YOU AND MAY NOT BE INITIATED BY THIS OFFICE BY FORWARDING COPIES OF THE CLAIM PAPERS TO THAT OFFICE.

ON THE PRESENT RECORD THE SETTLEMENT OF SEPTEMBER 16, 1964, WAS CORRECT AND IS SUSTAINED.