B-151828, FEB. 25, 1964

B-151828, FEB. 25, 1964

TO MASTER SERGEANT KERMIT A. BLACK, RA 15 332 049:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 31, 1963, AND ENCLOSURES, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR YOUR TRAVEL AND TRANSPORTATION OF YOUR DEPENDENTS FROM FORT HAMILTON, NEW YORK, TO SEATTLE, WASHINGTON, AND THENCE TO FORT BENJAMIN HARRISON, INDIANA, IN JUNE 1961, WHICH WAS THE SUBJECT OF OUR DECISION OF AUGUST 9, 1963, B-151828, TO YOU.

UNDER ORDERS DATED APRIL 21, 1961, YOU WERE RELIEVED OF YOUR DUTY ASSIGNMENT IN GERMANY AND DIRECTED TO PROCEED TO THE CONTINENTAL UNITED STATES FOR RELEASE FROM MILITARY SERVICE. CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS AUTHORIZED. SPECIAL ORDERS NO. 108 DATED MAY 17, 1961, ISSUED BY HEADQUARTERS FORT HAMILTON, NEW YORK, SHOWS THAT YOU WERE DISCHARGED THERE ON MAY 16, 1961; THAT YOU IMMEDIATELY REENLISTED MAY 17, 1961, FOR A PERIOD OF 3 YEARS AT THE SAME STATION, AND THAT YOU WERE AUTHORIZED 30 DAYS' REENLISTMENT LEAVE. BY SPECIAL ORDERS NO. 119 DATED JUNE 1, 1961, YOU WERE RELEASED FROM YOUR ASSIGNMENT AT FORT HAMILTON AND REASSIGNED TO THE OVERSEAS REPLACEMENT STATION, OAKLAND ARMY TERMINAL, CALIFORNIA, FOR FURTHER ASSIGNMENT OVERSEAS.

A TELEGRAM DATED JUNE 8, 1961, DIRECTED TO YOU AT WABASH, INDIANA, THE INFORMATION FROM WHICH WAS RELAYED TO YOU AT SEATTLE, WASHINGTON, THE SAME DATE, DIRECTED YOU UPON COMPLETION OF YOUR REENLISTMENT LEAVE TO REPORT TO HEADQUARTERS, VI UNITED STATES ARMY CORPS, FORT BENJAMIN HARRISON, INDIANA, PENDING AMENDMENT OF YOUR ORDERS FOR ASSIGNMENT THERE. SPECIAL ORDERS NO. 126 DATED JUNE 9, 1961, REVOKED THE ORDERS OF JUNE 1, 1961, AND CONFIRMED YOUR REASSIGNMENT TO FORT BENJAMIN HARRISON AND DIRECTED YOU UPON COMPLETION OF YOUR REENLISTMENT LEAVE AND TRAVEL TIME TO REPORT THERE NOT LATER THAN JUNE 21, 1961, IF TRAVEL WAS PERFORMED BY PRIVATELY OWNED VEHICLE AND NOT LATER THAN JUNE 19, 1961, IF COMMERCIAL TRANSPORTATION WAS USED. BY OUR CLAIMS DIVISION SETTLEMENT OF SEPTEMBER 20, 1961, YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRANSPORTATION WAS DISALLOWED ON THE BASIS THAT REIMBURSEMENT WAS LIMITED TO THEIR TRANSPORTATION FROM FORT HAMILTON TO FORT BENJAMIN HARRISON UNDER YOUR ORDERS. THE DECISION OF AUGUST 9, 1963, B-151828, SUSTAINED THIS SETTLEMENT AND ALSO DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR TRAVEL ON THE SAME BASIS, AND A DISLOCATION ALLOWANCE FOR YOUR DEPENDENTS' TRAVEL.

JOINT DETERMINATION NO. 3-64 DATED JANUARY 21, 1964, ISSUED BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FOR THE PURPOSE OF CHANGING THE JOINT TRAVEL REGULATIONS TO IMPLEMENT THE PROVISIONS OF THE ACT OF DECEMBER 23, 1963, PUB.L. 88-238, 77 STAT. 475, PROVIDES IN PART:

"PAR. 3003-1B REVISED. NEW SUBPARS. (2) AND (3) ADDED--- EFFECTIVE 23 DECEMBER 1963

"B. EFFECTIVE DATE

"/1) DEFINITION. THE TERM "EFFECTIVE DATE OF ORDERS," UNLESS OTHERWISE QUALIFIED, MEANS THE DATE OF THE MEMBER'S RELIEF (DETACHMENT) FROM THE OLD STATION; EXCEPT:

"1. WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS OR THE MEMBER IS GRANTED ADDITIONAL TRAVEL TIME TO PERMIT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, THE AMOUNT OF SUCH LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME WILL BE ADDED TO THE DATE OF RELIEF (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE;

"IF ALL AUTHORIZED LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME IS NOT UTILIZED, ONLY THAT AMOUNT ACTUALLY UTILIZED WILL BE CONSIDERED IN DETERMINING THE EFFECTIVE DATE OF ORDERS.

"/2) MODIFIED, CANCELED, OR REVOKED ORDERS. FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO ALLOWANCES FOR TRAVEL AND TRANSPORTATION UNDER PERMANENT CHANGE-OF-STATION ORDERS WHICH ARE MODIFIED, CANCELED, OR REVOKED PRIOR TO THEIR EFFECTIVE DATE, THE ORDERS WILL BE CONSIDERED AS EFFECTIVE WHEN RECEIVED FOR ANY TRAVEL PERFORMED THEREUNDER BY THE MEMBER OR HIS DEPENDENTS, OR ANY TRANSPORTATION OF HOUSEHOLD GOODS OR HOUSE TRAILERS COMMENCED OR COMPLETED THEREUNDER, EVEN THOUGH LEAVE, DELAY, PROCEED TIME, OR TEMPORARY DUTY ON ROUTE ARE INVOLVED.

"/3) ADJUSTMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES FOR THE PERIOD 1 OCTOBER 1949 THROUGH 22 DECEMBER 1963 AUTHORIZED BY PUBLIC LAW 88-238 (77 STAT. 475). FOR PERMANENT CHANGE-OF-STATION TRAVEL PERFORMED BY A MEMBER OR HIS DEPENDENTS, OR FOR TRANSPORTATION OF HOUSEHOLD GOODS OR HOUSE TRAILERS UNDER ORDERS ISSUED ON OR AFTER 1 OCTOBER 1949, A MEMBER OR FORMER MEMBER OF THE UNIFORMED SERVICES WHO WOULD HAVE BEEN ENTITLED TO TRAVEL OR TRANSPORTATION ALLOWANCES UNDER THE REGULATIONS APPLICABLE AT THE TIME THE TRAVEL OR TRANSPORTATION WAS PERFORMED HAD SUBPAR. (2) BEEN THEN IN EFFECT, WILL BE ENTITLED TO PAYMENT, OR REPAYMENT, OF SUCH ALLOWANCES, IF OTHERWISE PROPER, AND CLAIM THEREFOR IS SUBMITTED WITHIN ONE YEAR AFTER 23 DECEMBER 1963. CLAIMS WILL BE PROCESSED AND PAID IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED.

"PAR. 4156, CASE 2, 4, AND 9 REVISED--- EFFECTIVE 23 DECEMBER 1963

"CASE 2. DIRECTED TRAVEL OVER OTHER THAN A USUALLY TRAVELED ROUTE

"WHEN ORDERED TO TRAVEL OVER A ROUTE INVOLVING A HIGHER COST TO THE GOVERNMENT ON ORDERS WHICH ARE MODIFIED WHILE EN ROUTE: ALLOWANCES OVER THE ROUTE ACTUALLY TRAVELED IN ACCORDANCE WITH THE ORIGINAL ORDERS.

"CASE 4. PERMANENT CHANGE-OF-STATION ORDERS CANCELED OR MODIFIED EN ROUTE

"A MEMBER TRAVELING UNDER PERMANENT CHANGE-OF-STATION ORDERS WHICH ARE CANCELED OR MODIFIED EN ROUTE WILL BE ENTITLED TO ALLOWANCES AS FOLLOWS:

"1. IF THE ORDERS ARE CANCELED, ROUND-TRIP ALLOWANCES FOR THE DISTANCE FROM THE OLD DUTY STATION TO THE POINT WHERE THE CANCELLATION WAS RECEIVED, NOT TO EXCEED THE DISTANCE FROM THE OLD STATION TO THE CONTEMPLATED NEW STATION AND RETURN;

"2. IF THE ORDERS ARE MODIFIED TO NAME A NEW STATION, ALLOWANCES FOR THE DISTANCE FROM THE OLD STATION TO THE POINT WHERE NOTIFICATION OF THE CHANGE WAS RECEIVED, AND THENCE TO THE LAST-NAMED STATION, NOT TO EXCEED THE DISTANCE FROM THE OLD STATION TO THE LAST-NAMED STATION, VIA THE FIRST -NAMED STATION.

"CASE 9. LEAVE TAKEN WHILE UNDER CHANGE-OF-STATION ORDERS

"A MEMBER UNDER PERMANENT CHANGE-OF-STATION ORDERS WHO, BEFORE JOINING THE NEW STATION, AVAILS HIMSELF OF A LEAVE OF ABSENCE IS NOT DEPRIVED OF THE ALLOWANCES TO WHICH HE WOULD BE ENTITLED HAD HE NOT AVAILED HIMSELF OF THE LEAVE. IF THE ORDERS ARE CANCELED OR MODIFIED WHILE HE IS ON LEAVE, HE WILL BE ENTITLED TO ALLOWANCES AS PRESCRIBED IN CASE 4.

"PAR. 7000-6 DELETED - EFFECTIVE 23 DECEMBER 1963

"PAR. 7050 DELETED - EFFECTIVE 23 DECEMBER 1963

"PAR. 7051 REVISED - EFFECTIVE 23 DECEMBER 1963

"7051 ORDERS MODIFIED, CANCELED, OR REVOKED AFTER COMMENCEMENT OF TRAVEL

"WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION ARE MODIFIED AFTER THE DATE TRAVEL OF DEPENDENTS, UNDER THE ORDERS, IS COMMENCED, CIRCUITOUSLY OR OTHERWISE, AND A NEW PERMANENT STATION IS DESIGNATED, OR THE PERMANENT CHANGE-OF-STATION ORDERS ARE CANCELED OR REVOKED, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FOR TRAVEL PERFORMED FOR THE DISTANCE FROM THE PLACE DEPENDENTS COMMENCED TRAVEL, TO THE PLACE AT WHICH THEY RECEIVED NOTIFICATION OF THE MODIFICATION, CANCELLATION, OR REVOCATION OF ORDERS, AND THENCE TO THE NEW STATION OR RETURN TO THE OLD STATION, NOT TO EXCEED THE DISTANCE FROM THE OLD STATION TO THE FIRST-NAMED STATION AND THENCE TO THE LAST NAMED STATION OR RETURN TO THE OLD STATION.'

IN VIEW OF THE ENACTMENT OF PUBLIC LAW 88-238, AND THE PROVISIONS OF THE REGULATIONS IMPLEMENTING IT, A SETTLEMENT WILL ISSUE FOR THE AMOUNT FOUND DUE FOR YOUR TRAVEL AND THE TRANSPORTATION OF YOUR DEPENDENTS FROM FORT HAMILTON, NEW YORK, TO SEATTLE, WASHINGTON, AND THENCE TO FORT BENJAMIN HARRISON, INDIANA, NOT TO EXCEED THE DISTANCE FROM FORT HAMILTON TO FORT BENJAMIN HARRISON, VIA THE OAKLAND ARMY TERMINAL, CALIFORNIA, LESS THE AMOUNT YOU HAVE BEEN PREVIOUSLY PAID FOR SUCH TRAVEL AND TRANSPORTATION.