B-166365, JUN. 6, 1969

B-166365: Jun 6, 1969

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KOSUDA: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18. YOU WERE DIRECTED TO PROCEED FROM THE U.S.S. IT IS REPORTED BY THE U.S. THAT YOU COULD HAVE DEPARTED FROM THERE BY GOVERNMENT AIR TO NAPLES. THE NAVAL SUPPORT ACTIVITY ALSO REPORTED THAT SINCE YOUR HOUSEHOLD GOODS WERE NOT DUE TO BE PICKED UP UNTIL SEPTEMBER 1. RESERVATIONS WERE MADE FOR YOU AND YOUR WIFE ON PAN AMERICAN AIRWAYS FLIGHT 155 ON SEPTEMBER 2. THAT AT YOUR REQUEST SUCH RESERVATIONS WERE CANCELLED. THAT YOU COULD HAVE THEN DEPARTED BY GOVERNMENT AIR ON SEPTEMBER 3. THAT YOU WERE HELD UNTIL SEPTEMBER 9 FOR A COMMERCIAL PLANE FLIGHT SO YOU COULD TRAVEL CONCURRENTLY WITH YOUR WIFE SINCE THERE WAS NO TRANSPORTATION FROM THE AREA OF THE NAVAL SUPPORT ACTIVITY TO ROTA.

B-166365, JUN. 6, 1969

TO MR. STANLEY J. KOSUDA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18, 1969, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED NOVEMBER 20, 1968, WHICH DISALLOWED THAT PART OF YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR THE DAYS SEPTEMBER 1 AND 9, 1966, AND PER DIEM DURING THE PERIOD FROM AUGUST 31, 1966, TO SEPTEMBER 9, 1966, INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVY.

BY TRANSFER ORDER 376-66 DATED AUGUST 23, 1966, YOU WERE DIRECTED TO PROCEED FROM THE U.S.S. SPRINGFIELD (CLG-7) AT VILLEFRANCHE, FRANCE, TO THE GENERAL ARMY HOSPITAL, LANDSTUHL, GERMANY, AND FROM THERE TO AN APPROPRIATE ACTIVITY IN CONTINENTAL UNITED STATES FOR TREATMENT AND UPON COMPLETION, SEPARATION FROM THE SERVICE. IT IS REPORTED BY THE U.S. NAVAL SUPPORT ACTIVITY AT VILLEFRANCHE THAT YOU WENT TO THE GENERAL ARMY HOSPITAL AT LANDSTUHL ON AUGUST 24, 1966; THAT YOU RETURNED TO THE NAVAL SUPPORT ACTIVITY ON AUGUST 29; AND THAT YOU COULD HAVE DEPARTED FROM THERE BY GOVERNMENT AIR TO NAPLES, ITALY, FOR A FLIGHT TO THE CONTINENTAL UNITED STATES ON AUGUST 31.

THE NAVAL SUPPORT ACTIVITY ALSO REPORTED THAT SINCE YOUR HOUSEHOLD GOODS WERE NOT DUE TO BE PICKED UP UNTIL SEPTEMBER 1, RESERVATIONS WERE MADE FOR YOU AND YOUR WIFE ON PAN AMERICAN AIRWAYS FLIGHT 155 ON SEPTEMBER 2, BUT THAT AT YOUR REQUEST SUCH RESERVATIONS WERE CANCELLED; THAT YOU COULD HAVE THEN DEPARTED BY GOVERNMENT AIR ON SEPTEMBER 3, 6, 7 AND 8 FROM NICE TO ROTA, SPAIN, FOR A FLIGHT TO THE CONTINENTAL UNITED STATES; AND THAT YOU WERE HELD UNTIL SEPTEMBER 9 FOR A COMMERCIAL PLANE FLIGHT SO YOU COULD TRAVEL CONCURRENTLY WITH YOUR WIFE SINCE THERE WAS NO TRANSPORTATION FROM THE AREA OF THE NAVAL SUPPORT ACTIVITY TO ROTA, SPAIN, FOR DEPENDENTS. SUCH CIRCUMSTANCES IT WAS THE OPINION OF THAT ACTIVITY THAT FROM AUGUST 31 TO SEPTEMBER 9 YOU WERE IN THE VILLEFRANCHE AREA FOR YOUR OWN CONVENIENCE AND CONSEQUENTLY SHOULD BE CONSIDERED IN A LEAVE STATUS. YOUR CLAIM FOR PER DIEM FOR THE INDICATED PERIOD WAS DISALLOWED ON THAT BASIS IN THE SETTLEMENT OF NOVEMBER 20, 1968.

CONTRARY TO THE INFORMATION FURNISHED BY THE NAVAL SUPPORT ACTIVITY, YOU SAY THAT WHEN YOU REPORTED AT THAT ACTIVITY ON AUGUST 29 FOR FURTHER TRANSPORTATION YOU WERE TOLD THAT THE EARLIEST FLIGHT YOU AND YOUR WIFE COULD OBTAIN FOR THE UNITED STATES WAS ON SEPTEMBER 9, 1966, AND THAT YOU WERE NOT INFORMED OF ANY RESERVATIONS MADE FOR YOU FOR SEPTEMBER 2. ALSO, YOU SAY THAT YOU WERE REQUIRED TO REPORT TO THE ACTIVITY EVERY MORNING DURING THE INDICATED PERIOD, A SITUATION THAT WOULD NOT EXIST IF YOU WERE IN A LEAVE STATUS.

IT HAS BEEN INFORMALLY ASCERTAINED FROM THE NAVY DEPARTMENT THAT YOU WERE NOT CHARGED LEAVE AND THAT YOU WERE REQUIRED TO REPORT DAILY AT VILLEFRANCHE WHILE YOU WERE AWAITING TRANSPORTATION TO THE UNITED STATES. IN SUCH CIRCUMSTANCES WE WILL CONSIDER THAT YOU WERE IN A TRAVEL STATUS (PARAGRAPH M3050-2-3, JOINT TRAVEL REGULATIONS) DURING THE PERIOD AUGUST 29 UNTIL SEPTEMBER 9 AWAITING TRANSPORTATION IN THE PERFORMANCE OF THE TRAVEL DIRECTED BY THE ORDERS OF AUGUST 23, 1966, AND SO ENTITLED TO PER DIEM AT THE RATE OF $19 FOR 11 DAYS, AUGUST 29 TO SEPTEMBER 8, UNDER THE PROVISIONS OF PARAGRAPH M4253 (CHANGE 158) OF THE JOINT TRAVEL REGULATIONS AND FOR ONE DAY, SEPTEMBER 9, AT THE RATE OF $8 UNDER PARAGRAPH M4205-5A (1) OF THE REGULATIONS.

CONCERNING YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR YOUR WIFE FOR THE PERIOD SEPTEMBER 1 TO 9, 1966, PARAGRAPH M4303-2 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO 37 U.S.C. 405, PROVIDES THAT THE TEMPORARY LODGING ALLOWANCE IS PAYABLE FOR ANY DAY A MEMBER'S DEPENDENTS, NOT FURNISHED GOVERNMENT QUARTERS, ARE REQUIRED TO AND DO OCCUPY HOTEL OR HOTEL-LIKE ACCOMMODATIONS AT PERSONAL EXPENSE DURING THE LAST 10 DAYS PRECEDING THE DAY OF THEIR DEPARTURE FROM THE PERMANENT DUTY STATION IN COMPLIANCE WITH PERMANENT CHANGE-OF STATION ORDERS, PROVIDED SUCH DEPARTURE IS WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THE MEMBER'S ORDERS.

SINCE THE RECORD INDICATES THAT YOUR HOUSEHOLD GOODS WERE PICKED UP ON SEPTEMBER 1 AND RECEIPTS FURNISHED SHOW THAT HOTEL ACCOMMODATIONS WERE OCCUPIED BY YOUR WIFE FROM SEPTEMBER 1 TO SEPTEMBER 9 AT YOUR EXPENSE, IT WILL BE CONSIDERED THAT YOU ARE ENTITLED TO THE TEMPORARY LODGING ALLOWANCE FOR HER FOR THE PERIOD SEPTEMBER 1 TO SEPTEMBER 8 (THE DAY PRECEDING DATE OF DEPARTURE) AT THE RATE OF $9.50 PER DAY (50 PERCENT OF THE APPLICABLE TRAVEL PER DIEM ALLOWANCE).

OUR CLAIMS DIVISION IS BEING INSTRUCTED TODAY TO ISSUE A SETTLEMENT FOR THE AMOUNT FOUND DUE YOU FOR PER DIEM AND TEMPORARY LODGING ALLOWANCE ON THE ABOVE INDICATED BASIS, LESS THE SUM OF $66.50 ALLOWED YOU BY THE SETTLEMENT OF NOVEMBER 20, 1968.