B-159465, JUL. 25, 1966

B-159465, JUL. 25, 1966

TO COLONEL DAVID SPIEGEL, USAR, RET.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 10, 1966, IN EFFECT REQUESTING RECONSIDERATION OF SETTLEMENT DATED MAY 12, 1966, WHICH ALLOWED YOUR CLAIM FOR TRAVEL YOU PERFORMED FROM FORT BELVOIR, VIRGINIA, TO MIAMI, FLORIDA, BUT DISALLOWED THAT PORTION OF YOUR CLAIM PERTAINING TO YOUR DEPENDENTS' TRAVEL INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY OCTOBER 13, 1965, AND PLACEMENT ON THE ARMY OF THE UNITED STATES RETIRED LIST, OCTOBER 14, 1965.

BY SPECIAL ORDERS NO. 259, HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED SEPTEMBER 28, 1965, YOU WERE RELIEVED FROM ASSIGNMENT AT DEWITT ARMY HOSPITAL, FORT BELVOIR, VIRGINIA, OCTOBER 13, 1965, AND PLACED ON THE ARMY OF THE UNITED STATES RETIRED LIST, OCTOBER 14, 1965. A REPORT FROM THE PERSONNEL OFFICER, HEADQUARTERS, DEWITT ARMY HOSPITAL, STATES THAT THEIR RECORD SHOWS THAT DURING THE PERIOD FROM JUNE 3 TO SEPTEMBER 12, 1965, YOU WERE A HOSPITAL PATIENT ON CONVALESCENT LEAVE. YOU RETURNED TO THE HOSPITAL ON SEPTEMBER 13 FOR A SHORT PERIOD, LEAVING SEPTEMBER 16, AND AGAIN RETURNED TO THE HOSPITAL OCTOBER 7, AT WHICH TIME YOU REMAINED WHILE BEING PROCESSED FOR RELEASE FROM ACTIVE DUTY FOR PHYSICAL DISABILITY RETIREMENT, WHICH WAS EFFECTED OCTOBER 13, 1965, UNDER THE ORDERS OF SEPTEMBER 28, 1965. BY FIRST INDORSEMENT TO LETTER DATED JUNE 28, 1965, HEADQUARTERS, MILITARY DISTRICT OF WASHINGTON, U.S. ARMY, ADVISED THE COMMANDING OFFICER, U.S. ARMY CONSOLIDATED HOUSEHOLD GOODS SHIPPING OFFICE FOR THE ARMED FORCES, CAMERON STATION, ALEXANDRIA, VIRGINIA, THAT YOUR REQUEST FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS PRIOR TO ISSUANCE OF RETIREMENT ORDERS, FROM FALLS CHURCH, VIRGINIA, TO FLORIDA, HOME OF SELECTION, WITH STORAGE IN TRANSIT AT ORIGIN, WAS APPROVED.

ON JANUARY 3, 1966, YOU FILED A CLAIM FOR REIMBURSEMENT FOR YOUR TRAVEL AND THAT OF YOUR DEPENDENTS FROM WASHINGTON, D.C., TO MIAMI, FLORIDA, PERFORMED JULY 29 TO AUGUST 1, 1965. THAT PORTION OF YOUR CLAIM PERTAINING TO YOUR TRAVEL WAS ALLOWED SINCE THE RECORD INDICATED THAT YOU WERE AT THE DEWITT ARMY HOSPITAL THROUGH OCTOBER 13, 1965, BUT THE PORTION PERTAINING TO YOUR DEPENDENTS' TRAVEL WAS DISALLOWED SINCE THE RECORD INDICATED THAT YOUR DEPENDENTS TRAVELED TO YOUR HOME OF SELECTION PRIOR TO THE ISSUANCE OF ORDERS DATED SEPTEMBER 28, 1965, AND THE CLAIM WAS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, 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.

THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION (INCLUDING CHANGE FROM LAST DUTY STATION TO HOME OF SELECTION UPON RETIREMENT) IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO 37 U.S.C. 406. PARAGRAPH M8015-1 OF THE REGULATIONS PERMITS TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE PRIOR TO ORDERS IN CASES OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE UNIFORMED SERVICE CONCERNED. SHIPMENT OF YOUR HOUSEHOLD EFFECTS PRIOR TO ORDERS APPARENTLY WAS MADE PURSUANT TO A DETERMINATION MADE UNDER THAT PROVISION.

HOWEVER, UNLIKE THE GENERAL AUTHORITY GRANTED WITH RESPECT TO THE EARLY MOVEMENT OF HOUSEHOLD EFFECTS, PARAGRAPH M7000-8 OF THE REGULATIONS PROVIDES THAT REIMBURSEMENT IS NOT AUTHORIZED FOR ANY TRAVEL OF DEPENDENTS WHEN THE DEPENDENTS DEPARTED THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE BY THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. THE PLAIN TERMS OF THE PROVISION LIMIT REIMBURSEMENT FOR TRANSPORTATION WHERE DEPENDENTS DEPART THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF ORDERS, TO THOSE SITUATIONS WHERE THE VOUCHER IS SUPPORTED BY THE PRESCRIBED CERTIFICATE OF THE COMMANDING OFFICER. SUCH PROVISION IS CONSIDERED APPLICABLE ONLY TO SITUATIONS WHERE CERTIFICATION IS ISSUED CONCERNING DEPENDENTS' TRAVEL DURING THE COMPARATIVELY SHORT PERIOD AFTER AN ADMINISTRATIVE DETERMINATION HAS BEEN MADE THAT ORDERS WILL BE ISSUED AND THE DATE THEY ARE ISSUED. 34 COMP. GEN. 241.

IN YOUR LETTER OF JUNE 10, 1966, YOU STATE THAT YOU INITIALLY FORWARDED ALL THE REQUIRED DOCUMENTS, INCLUDING THE CERTIFICATE OF AUTHORIZATION, BUT WHEN YOU AGAIN HAD TO SUBMIT A CLAIM YOU NO LONGER HAD COPIES OF THE CERTIFICATE. YOU THEREFORE REQUEST THAT WE CONTACT THE TRANSPORTATION OFFICE, HEADQUARTERS MILITARY DISTRICT OF WASHINGTON AND THE TRANSPORTATION OFFICE, CAMERON STATION, ALEXANDRIA, VIRGINIA, TO OBTAIN THE NECESSARY DOCUMENTS INITIALLY FORWARDED. HOWEVER, REPLY TO AN INFORMAL REQUEST TO DOCUMENTS BRANCH, CAMERON STATION, WHICH HAS THE FILE PERTAINING TO THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS, DISCLOSED THAT ALTHOUGH THE FILE CONTAINS THE AUTHORITY TO SHIP HOUSEHOLD GOODS PRIOR TO ORDERS, THERE IS NOTHING IN THE FILE AUTHORIZING EARLY TRAVEL OF DEPENDENTS.

SINCE THE RECORD DOES NOT CONTAIN THE REQUIRED CERTIFICATE, REIMBURSEMENT FOR THE EARLY TRAVEL OF YOUR DEPENDENTS IS NOT AUTHORIZED AND, ACCORDINGLY, THE SETTLEMENT OF MAY 12, 1966, IS SUSTAINED.