B-163833, JUL. 12, 1968

B-163833: Jul 12, 1968

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TO SERGEANT FIRST CLASS PHILIP WHITEHEAD: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 8. YOU WERE RELEASED FROM YOUR OVERSEAS STATION AND ASSIGNED TO THE MEDICAL HOLDING COMPANY. YOUR DEPENDENTS WERE DIRECTED TO REPORT TO RHEIN -MAIN AIR BASE. SUCH DESTINATION PRESUMABLY WAS INDICATED ON THE BASIS OF A CONSIDERATION THAT ORDERS WOULD BE ISSUED DIRECTING YOUR TRANSFER TO WALTER REED GENERAL HOSPITAL FOR TREATMENT. WHEN YOUR ORDERS WERE ISSUED. YOU WERE DIRECTED TO LETTERMAN GENERAL HOSPITAL IN SAN FRANCISCO. WAS DISALLOWED FOR THE REASON THAT REIMBURSEMENT ON THIS BASIS WOULD EXCEED YOUR ENTITLEMENT UNDER APPLICABLE REGULATIONS FOR THEIR TRANSPORTATION FROM YOUR DUTY STATION AT LETTERMAN GENERAL HOSPITAL TO YOUR NEXT DUTY STATION AT FORT ORD.

B-163833, JUL. 12, 1968

TO SERGEANT FIRST CLASS PHILIP WHITEHEAD:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 8, 1968, AND ENCLOSURES, REQUESTING RECONSIDERATION OF SETTLEMENT DATED AUGUST 22, 1967, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRANSPORTATION ALLOWANCES INCIDENT TO THE TRAVEL OF YOUR DEPENDENTS FROM DETROIT, MICHIGAN, TO FORT ORD, CALIFORNIA, DURING THE PERIOD FEBRUARY 25, 1967, TO MARCH 6, 1967.

BY SPECIAL ORDERS 11, DATED JANUARY 13, 1967, YOU WERE RELEASED FROM YOUR OVERSEAS STATION AND ASSIGNED TO THE MEDICAL HOLDING COMPANY, 97TH GENERAL HOSPITAL, APO 09757. EVACUATION ORDER 67-9 OF HEADQUARTERS, U.S. GENERAL HOSPITAL, FRANKFURT, GERMANY, DATED JANUARY 31, 1967, DIRECTED YOU TO PROCEED ON OR ABOUT FEBRUARY 1, 1967, FROM FRANKFURT TO LETTERMAN GENERAL HOSPITAL, SAN FRANCISCO, CALIFORNIA, FOR FURTHER OBSERVATION, TREATMENT AND/OR DISPOSITION, A PERMANENT CHANGE OF STATION. SPECIAL ORDERS NO. 36, DATED FEBRUARY 14, 1967, REASSIGNED YOU FROM LETTERMAN GENERAL HOSPITAL TO HEADQUARTERS COMPANY, USACCEC (6880), FORT ORD, CALIFORNIA, TO REPORT FEBRUARY 16, 1967.

BY SPECIAL ORDERS NO. 15, DATED JANUARY 19, 1967, HEADQUARTERS, U.S. ARMY TERMINAL COMMAND, EUROPE, YOUR DEPENDENTS WERE DIRECTED TO REPORT TO RHEIN -MAIN AIR BASE, FRANKFURT, NOT LATER THAN JANUARY 25, 1967, FOR TRANSPORTATION TO THE CONTINENTAL UNITED STATES. THESE ORDERS SHOWED THE DESTINATION OF YOUR DEPENDENTS AS WALTER REED HOSPITAL, WASHINGTON, D.C., THEIR FINAL DESTINATION AS 3773 SPRINGHILL STREET, INKSTER, MICHIGAN, AND THAT UPON YOUR RELEASE FROM WALTER REED HOSPITAL, THEIR TRAVEL PAY WOULD BE COMPUTED IN ACCORDANCE WITH PARAGRAPH M7004-5-2 OF THE JOINT TRAVEL REGULATIONS. SUCH DESTINATION PRESUMABLY WAS INDICATED ON THE BASIS OF A CONSIDERATION THAT ORDERS WOULD BE ISSUED DIRECTING YOUR TRANSFER TO WALTER REED GENERAL HOSPITAL FOR TREATMENT. WHEN YOUR ORDERS WERE ISSUED, HOWEVER, ON JANUARY 31, 1967, YOU WERE DIRECTED TO LETTERMAN GENERAL HOSPITAL IN SAN FRANCISCO.

YOUR CLAIM FOR REIMBURSEMENT INCIDENT TO YOUR DEPENDENTS' TRAVEL FROM DETROIT, MICHIGAN, TO FORT ORD, CALIFORNIA, WAS DISALLOWED FOR THE REASON THAT REIMBURSEMENT ON THIS BASIS WOULD EXCEED YOUR ENTITLEMENT UNDER APPLICABLE REGULATIONS FOR THEIR TRANSPORTATION FROM YOUR DUTY STATION AT LETTERMAN GENERAL HOSPITAL TO YOUR NEXT DUTY STATION AT FORT ORD.

PARAGRAPH M7004-3 AND 4 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY OUTSIDE THE UNITED STATES WHO IS TRANSFERRED TO A HOSPITAL IN THE UNITED STATES FOR OBSERVATION AND TREATMENT IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS FROM THE OVERSEAS STATION OR A DESIGNATED PLACE, AS APPLICABLE, TO THE FIRST HOSPITAL TO WHICH HE IS TRANSFERRED FOR OBSERVATION AND TREATMENT, OR, SUBJECT TO SUCH MAXIMUM ENTITLEMENT, BETWEEN OTHER PLACES, AS AUTHORIZED IN PARAGRAPHS M7057, M7058, AND M7059. THOSE PARAGRAPHS COVER TRAVEL FROM THE OLD PERMANENT STATION TO OTHER THAN THE NEW PERMANENT STATION, TRAVEL FROM OTHER THAN THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION, AND TRAVEL FROM OTHER THAN THE OLD PERMANENT STATION TO OTHER THAN THE NEW PERMANENT STATION.

BY VIRTUE OF YOUR ORDERS OF JANUARY 31, 1967, YOU WERE ENTITLED UNDER THE CITED REGULATIONS TO TRANSPORTATION FOR YOUR DEPENDENTS TO A PLACE OTHER THAN YOUR NEW STATION PROVIDED THEIR TRAVEL DID NOT EXCEED THE DISTANCE FROM FRANKFURT TO LETTERMAN GENERAL HOSPITAL. UNDER THAT AUTHORITY YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION TO MCGUIRE AIR FORCE BASE AND YOU WERE REIMBURSED FOR THEIR TRAVEL FROM THAT POINT TO DETROIT, MICHIGAN. SINCE NO FURTHER TRAVEL WAS PERFORMED BY YOUR DEPENDENTS BEFORE THE ISSUANCE OF THE ORDERS OF FEBRUARY 14, 1967, DIRECTING A FURTHER CHANGE OF STATION, THE PAYMENT OF TRAVEL ALLOWANCE FOR THEIR TRAVEL TO DETROIT EXHAUSTED YOUR RIGHT UNDER THOSE REGULATIONS TO FURTHER BENEFITS FOR THEIR TRAVEL UNDER THE ORDERS OF JANUARY 31, 1967,

YOUR RIGHT TO REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL FROM DETROIT TO FORT ORD, CALIFORNIA, PERFORMED DURING THE PERIOD FEBRUARY 25 TO MARCH 6, 1967, IS GOVERNED BY PARAGRAPH M7004-5 OF THE JOINT TRAVEL REGULATIONS AND IS SUBJECT TO THE LIMITATION IN PARAGRAPH M7004-5-2 WHICH PROVIDES THAT A MEMBER RELEASED FROM A HOSPITAL WHERE SENT FOR OBSERVATION AND TREATMENT AND RESTORED TO DUTY IS ENTITLED TO TRANSPORTATION OF DEPENDENTS WHO TRAVELED AT GOVERNMENT EXPENSE INCIDENT TO THE HOSPITALIZATION FROM THE PLACE WHERE THEY ARE LOCATED UPON COMPLETION OF THE HOSPITALIZATION TO THE NEW PERMANENT STATION, NOT TO EXCEED ENTITLEMENT FROM THE HOSPITAL TO THE NEW STATION. UNDER THOSE PROVISIONS YOU WERE PROPERLY ENTITLED TO REIMBURSEMENT FOR THEIR TRANSPORTATION ONLY FOR THE DISTANCE FROM THE LETTERMAN GENERAL HOSPITAL AT SAN FRANCISCO TO FORT ORD, WHICH YOU HAVE RECEIVED.

YOU REFER TO PARAGRAPH M7051 OF THE JOINT TRAVEL REGULATIONS AS AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. THE PROVISIONS OF THAT PARAGRAPH, BASED ON 37 U.S.C. 406A, RELATE ONLY TO CIRCUMSTANCES WHERE THE MEMBER'S ORDERS ARE MODIFIED, CANCELED, OR REVOKED AFTER THE COMMENCEMENT OF THE DEPENDENTS' TRAVEL. WHILE THERE APPEARS TO HAVE BEEN AN INTENTION TO ISSUE ORDERS DIRECTING YOUR TRAVEL TO WALTER REED HOSPITAL IN WASHINGTON, D.C., YOUR ORDERS WHEN ISSUED WERE FOR TRAVEL FROM FRANKFURT TO LETTERMAN GENERAL HOSPITAL IN SAN FRANCISCO. SUCH ORDERS WERE NOT MODIFIED, CANCELED, OR REVOKED. CONSEQUENTLY, PARAGRAPH M7051 HAS NO APPLICATION IN YOUR CASE. SEE 43 COMP. GEN. 621, COPY ENCLOSED.