B-110904, JAN 30, 1953

B-110904, JAN 30, 1953

PRECIS-UNAVAILABLE

WARRANT OFFICER (JG) ORLAN C. BRYAN, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 24, 1952, WITH ENCLOSURES, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 17, 1952, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL ALLOWANCE FOR TRAVEL OF SELF AND DEPENDENTS FROM CAMP STONEMAN, CALIFORNIA, TO LANGLEY AIR FORCE BASE, VIRGINIA, MAY 21 TO JULY 5, 1951.

BY PARAGRAPH 31, SPECIAL ORDERS NO. 81, DATED APRIL 28, 1951, YOU WERE TRANSFERRED FROM YOUR OVERSEAS STATION TO YOKOHAMA, JAPAN, FOR TRANSPORTATION TO THE UNITED STATES, IT BEING STATED THEREIN THAT TRANSPORTATION WAS AUTHORIZED ALSO FOR YOUR DEPENDENTS (WIFE AND FOUR CHILDREN), AND THAT 30 DAYS' LEAVE WAS DESIRED AT 5953 ENRIGHT AVENUE, ST. LOUIS, MISSOURI. BY PARAGRAPH 7, LETTER ORDERS NO. 2, DATED APRIL 30, 1951, YOU WERE ASSIGNED TO CAMP STONEMAN, CALIFORNIA, PENDING RECEIPT OF NEW ASSIGNMENT INSTRUCTIONS, WHERE BY PARAGRAPH 19, SPECIAL ORDERS NO. 100, DATED MAY 18, 1951, YOU WERE AUTHORIZED 30 DAYS' ORDINARY LEAVE EFFECTIVE MAY 21, 1951, AT 5953 ENRIGHT AVENUE, ST. LOUIS, MISSOURI. PARAGRAPH 16, SPECIAL ORDERS NO. 109, DATED JUNE 1, 1951, YOU WERE ASSIGNED TO LANGLEY AIR FORCE BASE, VIRGINIA, FOR DUTY UPON COMPLETION OF LEAVE, IT BEING STATED THEREIN THAT YOU WERE "PRESENTLY ON 30 DAYS ORDINARY LV." BY PARAGRAPH 24, SPECIAL ORDERS NO. 206, CAMP STONEMAN, CALIFORNIA, SEPTEMBER 14, 1951, THE SAID ORDERS OF JUNE 1, 1951, WERE AMENDED TO READ "PRESENTLY ON 30 DDALV."

JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDE (PARAGRAPH 4153, CASE 14) THAT IF THE STATION OF A MEMBER IS CHANGED WHILE HE IS ON LEAVE HE WILL BE ENTITLED TO ALLOWANCES FROM THE PLACE WHERE HE RECEIVED THE ORDERS DIRECTING THE CHANGE, NOT TO EXCEED THE DISTANCE FROM THE OLD TO THE NEW STATION, AND THAT (PARAGRAPH 7052) WHEN A MEMBER RECEIVES "PERMANENT" CHANGE OF STATION ORDERS WHILE ON LEAVE HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED THEREAFTER NOT TO EXCEED FROM THE OLD TO THE NEW PERMANENT STATION.

SINCE THE RECORD SHOWS THAT YOUR STATION WAS CHANGED FROM TEMPORARY DUTY AT CAMP STONEMAN TO PERMANENT DUTY AT LANGLEY AIR FORCE BASE WHILE YOU WERE ON LEAVE AND THAT YOU RECEIVED MILEAGE FROM THE PLACE WHERE YOU RECEIVED THE ORDERS (ST. LOUIS) TO YOUR NEW STATION YOU ARE NOT ENTITLED TO ADDITIONAL MILEAGE AS CLAIMED. THE AMENDATORY ORDERS OF SEPTEMBER 14, 1951, ISSUED LONG AFTER YOUR NEW STATION WAS ASSIGNED AND TRAVEL THERETO PERFORMED, MAY NOT BE ACCEPTED AS AFFECTING YOUR ENTITLEMENT. HOWEVER, A DIFFERENT SITUATION EXISTS WITH RESPECT TO YOUR DEPENDENTS SINCE TRAVEL OF DEPENDENTS AT PUBLIC EXPENSE, EXCEPT IN CASES OF CERTAIN ASSIGNMENTS TO TEMPORARY DUTY EXPRESSLY PROVIDED FOR BY REGULATIONS, RELATES ONLY TO CHANGES BETWEEN PERMANENT STATIONS. SINCE YOUR DEPENDENTS DEPARTED TOKYO INCIDENT TO ORDERS DETACHING YOU FROM YOUR PERMANENT STATION OVERSEAS, SAID PARAGRAPH 7052, JOINT TRAVEL REGULATIONS, WHICH RELATES TO TRAVEL OF DEPENDENTS PERFORMED INCIDENT TO PERMANENT CHANGE OF STATION ORDERS RECEIVED BY THE OFFICER CONCERNED DURING A PERIOD OF LEAVE HAS NO APPLICATION. HENCE, THE FACT THAT THE FINAL ORDER COMPLETING YOUR PERMANENT CHANGE OF STATION FROM KOREA TO LANGLEY AIR FORCE BASE WAS ISSUED WHILE YOU WERE ON LEAVE IS NOT TO BE CONSIDERED AS AFFECTING YOUR RIGHT TO TRANSPORTATION FOR YOUR DEPENDENTS FROM THEIR OVERSEAS LOCATION TO YOUR NEW PERMANENT STATION. SINCE YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION FROM TOKYO TO CAMP STONEMAN AND SINCE YOU WERE PAID $92.07 FOR THEIR TRAVEL FROM ST. LOUIS TO LANGLEY AIR FORCE BASE, YOU ARE ENTITLED TO AN ADDITIONAL ALLOWANCE BASED ON TRAVEL FROM CAMP STONEMAN TO LANGLEY AIR FORCE BASE LESS $92.07. A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.

THE PAPERS WHICH ACCOMPANIED YOUR LETTER (EXTRACT COPY OF THE ORDERS OF MAY 18, JUNE 1 AND SEPTEMBER 14, 1951) ARE RETURNED HEREWITH AS REQUESTED.