B-124693, OCT. 7, 1955
Highlights
STANLEY MADISON: REFERENCE IS MADE TO YOUR LETTER OF MAY 15. YOU ARE RELEASED FROM ACTIVE DUTY AS FIRST LIEUTENANT. YOU WERE ASSIGNED TO FORT JAY. IS LIMITED. TO CASES IN WHICH THE MEMBER IS "ORDERED TO MAKE A CHANGE OF PERMANENT STATION.'. WHERE A MEMBER IS DISCHARGED AND REENLISTS UNDER CIRCUMSTANCES WHICH PERMIT HIS SERVICE TO BE REGARDED AS CONTINUOUS. HIS RIGHT TO TRANSPORTATION OF DEPENDENTS IS LIMITED TO THAT AUTHORIZED FOR ANY ACTUAL CHANGE OF STATION RESULTING FROM HIS CONTINUOUS SERVICE. SINCE YOU REENLISTED WITHOUT A BREAK IN SERVICE YOUR SERVICE WAS CONTINUOUS AND SINCE YOU WERE ASSIGNED TO A NEW PERMANENT STATION . YOU WERE ENTITLED TO TRANSPORTATION FOR YOUR DEPENDENTS FROM THE OLD STATION TO THE NEW IF TRAVEL OUTSIDE THE CORPORATE LIMITS OF YOUR OLD STATION WAS REQUIRED.
B-124693, OCT. 7, 1955
TO MR. STANLEY MADISON:
REFERENCE IS MADE TO YOUR LETTER OF MAY 15, 1955, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MAY 3, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FORT HAMILTON, NEW YORK, TO BROOKTON, MASSACHUSETTS.
BY PARAGRAPH 49, SPECIAL ORDERS NO. 269, DATED NOVEMBER 22, 1954, HEADQUARTERS, FORT HAMILTON, NEW YORK, YOU ARE RELEASED FROM ACTIVE DUTY AS FIRST LIEUTENANT, ARMY OF THE UNITED STATES, EFFECTIVE NOVEMBER 23, 1954. BY PARAGRAPH 32, SPECIAL ORDERS NO. 271, DATED NOVEMBER 24, 1954, HEADQUARTERS, FORT HAMILTON, HAVING REENLISTED ON THAT DATE AS SERGEANT, FIRST CLASS, REGULAR ARMY, YOU WERE ASSIGNED TO FORT JAY, NEW YORK, FOR DUTY. YOUR DEPENDENTS TRAVELED FROM FORT HAMILTON, NEW YORK, TO BROCKTON, MASSACHUSETTS, ON NOVEMBER 23, 1954.
THE AUTHORITY FOR TRANSPORTATION OF DEPENDENTS CONTAINED IN SECTION 3003 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, IS LIMITED, EXCEPT UNDER CERTAIN SPECIFIC CONDITIONS, TO CASES IN WHICH THE MEMBER IS "ORDERED TO MAKE A CHANGE OF PERMANENT STATION.' JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT SECTION PROVIDE (PARAGRAPH 3003-1) THAT A PERMANENT CHANGE OF STATION SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY OR ENLISTMENT, AND FROM LAST STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY. HOWEVER, WHERE A MEMBER IS DISCHARGED AND REENLISTS UNDER CIRCUMSTANCES WHICH PERMIT HIS SERVICE TO BE REGARDED AS CONTINUOUS, HIS RIGHT TO TRANSPORTATION OF DEPENDENTS IS LIMITED TO THAT AUTHORIZED FOR ANY ACTUAL CHANGE OF STATION RESULTING FROM HIS CONTINUOUS SERVICE. IN OTHER WORDS, SINCE YOU REENLISTED WITHOUT A BREAK IN SERVICE YOUR SERVICE WAS CONTINUOUS AND SINCE YOU WERE ASSIGNED TO A NEW PERMANENT STATION , YOU WERE ENTITLED TO TRANSPORTATION FOR YOUR DEPENDENTS FROM THE OLD STATION TO THE NEW IF TRAVEL OUTSIDE THE CORPORATE LIMITS OF YOUR OLD STATION WAS REQUIRED. SINCE BOTH STATIONS APPEAR TO BE IN THE SAME CITY, NO SUCH TRAVEL WAS REQUIRED. THEREFORE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM, AND THE SETTLEMENT OF MAY 3, 1955, IS SUSTAINED.