B-141462, JAN. 5, 1960
Highlights
YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE DECEMBER 12. YOUR CLAIM FOR YOUR DEPENDENTS' TRAVEL WAS DISALLOWED BY THE SETTLEMENT OF NOVEMBER 9. FOR THE REASONS THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND THAT THERE WAS NO EVIDENCE IN THE OFFICIAL RECORDS OF A CERTIFICATE FROM THE ORDER ISSUING AUTHORITY THAT YOU WERE ADVISED PRIOR TO SUCH ISSUANCE THAT YOU WOULD BE RELEASED FROM DUTY. YOU SAY THAT YOU WERE ADVISED OF YOUR IMPENDING RELEASE FROM ACTIVE DUTY BECAUSE YOUR REQUEST OF APRIL OR MAY 1951 FOR EXTENDED ACTIVE DUTY WAS DISAPPROVED BY THE DEPARTMENT OF THE ARMY AND THIS WAS KNOWN TO YOUR COMMANDING OFFICER IN SEPTEMBER 1951. IS NOT AUTHORIZED WHEN THE DEPENDENTS DEPART FROM THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER.
B-141462, JAN. 5, 1960
TO MR. ALBERT R. SABAROFF:
YOUR LETTER DATED NOVEMBER 19, 1959, REQUESTS REVIEW OF OUR SETTLEMENT DATED NOVEMBER 9, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF YOUR DEPENDENTS' (WIFE'S AND DAUGHTER-S) TRAVEL FROM RICHMOND, KENTUCKY, TO PHILADELPHIA, PENNSYLVANIA, ON SEPTEMBER 5 AND 6, 1951.
BY ORDERS DATED NOVEMBER 19 AND DECEMBER 11, 1951, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE DECEMBER 12, 1951. YOUR CLAIM FOR YOUR DEPENDENTS' TRAVEL WAS DISALLOWED BY THE SETTLEMENT OF NOVEMBER 9, 1959, FOR THE REASONS THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND THAT THERE WAS NO EVIDENCE IN THE OFFICIAL RECORDS OF A CERTIFICATE FROM THE ORDER ISSUING AUTHORITY THAT YOU WERE ADVISED PRIOR TO SUCH ISSUANCE THAT YOU WOULD BE RELEASED FROM DUTY.
IN YOUR LETTER OF NOVEMBER 19, 1959, YOU SAY THAT YOU WERE ADVISED OF YOUR IMPENDING RELEASE FROM ACTIVE DUTY BECAUSE YOUR REQUEST OF APRIL OR MAY 1951 FOR EXTENDED ACTIVE DUTY WAS DISAPPROVED BY THE DEPARTMENT OF THE ARMY AND THIS WAS KNOWN TO YOUR COMMANDING OFFICER IN SEPTEMBER 1951.
SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES "WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION" SHALL BE ENTITLED TO TRANSPORTATION FOR DEPENDENTS OR TO REIMBURSEMENT IN LIEU THEREOF. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT ACT SPECIFICALLY PROVIDE THAT TRANSPORTATION OF DEPENDENTS INCIDENT TO A PERMANENT CHANGE OF STATION, INCLUDING THE CHANGE FROM LAST DUTY STATION TO HOME, IS NOT AUTHORIZED WHEN THE DEPENDENTS DEPART FROM THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR THE DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS, THAT THE MEMBER WAS ADVISED PRIOR TO THE DEPENDENTS' TRAVEL THAT SUCH ORDERS WOULD BE ISSUED. THIS IS A STATUTORY REGULATION WHICH HAS THE FORCE AND EFFECT OF LAW.
THE ADMINISTRATIVE DISAPPROVAL OF YOUR APPLICATION FOR EXTENDED ACTIVE DUTY WAS MERELY THE NOTICE YOU RECEIVED FROM THE DEPARTMENT OF THE ARMY THAT YOU WERE NOT SELECTED FOR REAPPOINTMENT IN THE ARMY. IT WAS NOT OFFICIAL NOTICE TO YOU THAT ORDERS FOR YOUR RELEASE FROM ACTIVE DUTY WOULD BE ISSUED AND DOES NOT MEET THE REQUIREMENTS OF THE REGULATION.
ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF NOVEMBER 9, 1959, IS SUSTAINED.