B-134012, DEC. 30, 1957

B-134012, DEC. 30, 1957

TO LIEUTENANT COLONEL J. E. KING, A.U.S., RETIRED:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF NOVEMBER 15, 1957, ENCLOSING YOUR CHECK FOR $48.44 AND REQUESTING FURTHER CONSIDERATION OF OUR DECISION TO YOU DATED NOVEMBER 5, 1957, B-134012. THAT DECISION SUSTAINED THE SETTLEMENT DATED JULY 23, 1957, WHICH ALLOWED YOU $76.32, REPRESENTING MILEAGE REIMBURSEMENT AND MONETARY ALLOWANCE FOR TRAVEL TO CLARKESVILLE, GEORGIA, PERFORMED BY YOU AND YOUR WIFE FROM WASHINGTON, D.C., AND FORT HAMILTON, NEW YORK, RESPECTIVELY.

THE SUM FOUND DUE YOU UNDER THE SETTLEMENT WAS APPLIED AS A CREDIT TO PARTIALLY LIQUIDATE YOUR INDEBTEDNESS TO THE UNITED STATES BY REASON OF AN ERRONEOUS PAYMENT TO YOU IN THE AMOUNT OF $124.76 FOR YOUR WIFE'S TRAVEL PERFORMED DURING APRIL 1950, FROM FORT HAMILTON TO YOUR THEN HOME OF RECORD, MARYSVILLE, CALIFORNIA.

THE RECORD SHOWS THAT YOU AND YOUR WIFE ARRIVED AT FORT HAMILTON, NEW YORK, FROM BREMERHAVEN, GERMANY, ON APRIL 6, 1950, SUCH TRAVEL HAVING BEEN PERFORMED IN COMPLIANCE WITH SPECIAL ORDERS NO. 64, DATED MARCH 21, 1950, WHICH CONTEMPLATED YOUR EARLY RELEASE FROM ACTIVE DUTY. SHORTLY AFTER YOUR ARRIVAL AT THE PORT OF DEBARKATION IT WAS DETERMINED THAT YOU WERE IN NEED OF MEDICAL TREATMENT. CONSEQUENTLY, YOU WERE IMMEDIATELY HOSPITALIZED AT FORT JAY, GOVERNORS ISLAND, AND LATER, YOU WERE TRANSFERRED TO THE WALTER REED ARMY MEDICAL CENTER, WASHINGTON, D.C., FOR MEDICAL TREATMENT AND HOSPITALIZATION. ON OR ABOUT APRIL 10, 1950, SHORTLY AFTER BEING HOSPITALIZED AT FORT JAY, YOUR WIFE TRAVELED TO MARYSVILLE, CALIFORNIA, AND THENCE TO WASHINGTON, D.C., AT PERSONAL EXPENSE. SUBSEQUENTLY, YOU WERE PAID MONETARY ALLOWANCE FOR HER TRAVEL TO MARYSVILLE. SINCE YOUR RELEASE FROM THE SERVICE WAS NOT EFFECTED UNTIL NOVEMBER 30, 1952, WHEN YOU WERE RETIRED BY REASON OF PHYSICAL DISABILITY, IT HAS BEEN DETERMINED THAT THE PAYMENT FOR YOUR WIFE'S TRAVEL TO MARYSVILLE WAS ERRONEOUS.

PARAGRAPH NO. 4A SPECIAL REGULATIONS NO. 55-120-50 (DEPARTMENT OF THE ARMY), IN EFFECT ON APRIL 10, 1950, READS AS FOLLOWS:

"FROM DUTY STATIONS OR HOSPITALS WITHIN THE UNITED STATES.--- WHEN PERSONNEL ON ACTIVE DUTY ARE TRANSFERRED FROM EITHER A PERMANENT OR A TEMPORARY DUTY STATION OR FROM A HOSPITAL WHERE THEY ARE LISTED AS PATIENTS TO A HOSPITAL FOR FURTHER OBSERVATION AND TREATMENT, TRANSPORTATION OF THEIR DEPENDENTS IS AUTHORIZED FROM THE LAST PERMANENT DUTY STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED; PROVIDED THAT---

(1) ORDERS DIRECTING TRAVEL SPECIFY PERMANENT CHANGE OF STATION, AND

(2) THE CERTIFICATE DESCRIBED IN PARAGRAPH 5 IS FURNISHED.'

THE CERTIFICATE NECESSARY TO SUPPORT TRANSPORTATION OF DEPENDENTS IS A STATEMENT FROM THE COMMANDING OFFICER OF THE DESTINATION HOSPITAL, AFTER AN EVALUATION OF THE CASE, CERTIFYING THAT THE PERIOD OF TREATMENT IN THAT HOSPITAL CAN BE EXPECTED TO BE PROLONGED.

WHILE THE CERTIFICATE FILED IN SUPPORT OF YOUR CLAIM INDICATES THAT YOUR PERIOD OF TREATMENT AT THE WALTER REED ARMY MEDICAL CENTER WAS EXPECTED TO BE PROLONGED, SINCE YOU WERE NOT RELEASED FROM ACTIVE DUTY UNTIL NOVEMBER 30, 1952, WHEN YOU RETIRED, YOUR RIGHT TO A MONETARY ALLOWANCE FOR DEPENDENT'S TRAVEL WAS SPECIFICALLY LIMITED TO THE DISTANCE BETWEEN FORT HAMILTON AND WASHINGTON. MANIFESTLY, THE GOVERNMENT'S OBLIGATION WOULD NOT BE INCREASED BY REASON OF YOUR HAVING PERFORMED TRAVEL TO OTHER MORE DISTANT POINTS IN THE PROCESS OF SELECTING YOUR HOME AT CLARKESVILLE.

SUBSEQUENT TO YOUR RETIREMENT, SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, WAS AMENDED BY SECTION 1 OF THE ACT OF AUGUST 11, 1955, 69 STAT. 691, TO PROVIDE THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A RESERVE COMPONENT OF THE UNIFORMED SERVICES WHO IS RETIRED FOR PHYSICAL DISABILITY OR PLACED UPON THE TEMPORARY DISABILITY RETIRED LIST, MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES. SECTION 2 THEREOF AMENDED SECTION 303 (C) OF THE 1949 ACT TO PROVIDE THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, SUCH MEMBER IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS TO THE HOME SELECTED. SECTION 3 PROVIDES THAT THE ACT SHALL BE EFFECTIVE FROM APRIL 1, 1951, AND THAT NO ADDITIONAL AMOUNT MAY BE PAID TO A MEMBER RETIRED FOR PHYSICAL DISABILITY AS A RESULT OF ENACTMENT OF THE AMENDATORY ACT UNLESS TRAVEL TO SUCH SELECTED HOME IS PERFORMED ON OR BEFORE APRIL 28, 1953, OR WITHIN ONE YEAR AFTER SUCH RETIREMENT WHICHEVER IS LATER.

IN CONFORMITY WITH THE PROVISIONS OF THE AMENDATORY STATUTE, THE JOINT TRAVEL REGULATIONS (APPENDIX D) WERE CHANGED EFFECTIVE RETROACTIVELY SO AS TO PERMIT A MEMBER OF A RESERVE COMPONENT RETIRED FOR PHYSICAL DISABILITY, ON OR AFTER APRIL 29, 1952, WHO SELECTED A HOME AND PERFORMED TRAVEL THERETO WITHIN THE TIME LIMIT THEREIN PRESCRIBED, TO CLAIM AND RECEIVE MILEAGE ALLOWANCE FOR HIMSELF AND MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR HIS DEPENDENTS FROM HIS LAST DUTY STATION TO THE HOME SELECTED. OF COURSE ANY PREVIOUS PAYMENT FOR TRAVEL TO THE MEMBER'S HOME OF RECORD OR PLACE OF ENTRY INTO THE SERVICE IS FOR DEDUCTION FROM THE AMOUNT OTHERWISE DUE FOR TRAVEL TO THE HOME SELECTED. SINCE THE TOTAL SUM ALLOWABLE FOR AUTHORIZED TRAVEL TO CLARKESVILLE, GEORGIA, IS $76.32, AND YOU WERE PREVIOUSLY PAID THE SUM OF $124.76, FOR DEPENDENT'S TRAVEL TO MARYSVILLE, THE DIFFERENCE OF $44.84 IS AN OVERPAYMENT AND DUE THE UNITED STATES.

SINCE UPON FURTHER REVIEW NO BASIS IS FOUND FOR ANY MODIFICATION OF THE PRIOR ACTION IN THE MATTER, THE DECISION OF NOVEMBER 5, 1957, IS AFFIRMED. ACCORDINGLY, YOUR CHECK WILL BE DEPOSITED AND CREDITED TO YOUR ACCOUNT IN FULL SATISFACTION OF YOUR OBLIGATION.