B-115594, MAR 1, 1954

B-115594, MAR 1, 1954

PRECIS-UNAVAILABLE

MR. HOWARD L. DANIELS:

REFERENCE IS MADE TO YOUR LETTER OF MAY 16, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 10, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM WICHITA, KANSAS, TO FORT WORTH, TEXAS, WHILE SERVING AS CAPTAIN, USAF.

SINCE RECEIPT OF YOUR LETTER YOUR CLAIM HAS BEEN FURTHER DEVELOPED AND IT NOW APPEARS THAT BY PARAGRAPH 4, SPECIAL ORDERS NO. 83, JULY 4, 1952, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT WICHITA, KANSAS, AND DIRECTED TO PROCEED TO FORT WORTH, TEXAS, ON OR ABOUT JULY 6, 1952. BY PARAGRAPH 5 OF THE SAME ORDERS YOU WERE DIRECTED TO PROCEED FROM THE LATTER PLACE TO YOUR HOME, HARTFORD, CONNECTICUT, TO ARRIVE ON JULY 15, 1952, ON WHICH DATE YOU WERE TO REVERT TO AN INACTIVE STATUS. YOU AND YOUR DEPENDENTS TRAVELED FROM WICHITA TO FORT WORTH, JULY 5 AND 6, 1952, THENCE TO WEST HARTFORD, CONNECTICUT. YOU CONTEND THAT YOU WERE ORDERED TO FORT WORTH ON A PERMANENT CHANGE OF STATION AND THAT, IF SUCH IS NOT THE CASE, YOU ARE ENTITLED TO PER DIEM FROM 1700 ON JULY 5, 1952, WHEN YOU DEPARTED WICHITA, UNTIL 0800 ON JULY 9, 1952, WHEN YOU DEPARTED FORT WORTH.

WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE AND FROM THE CHARACTER OF THE ASSIGNMENT, THE DURATION THEREOF AND THE NATURE OF THE DUTY ENJOINED. IT SEEMS CLEAR THAT PARAGRAPHS 4 AND 5 OF THE ORDERS OF JULY 4, 1952, WHEN CONSIDERED TOGETHER, DID NOT CONTEMPLATE A PERMANENT ASSIGNMENT AT FORT WORTH BUT INSTEAD SIMPLY DESIGNATED FORT WORTH AS THE STATION TO WHICH YOU WERE TO REPORT FOR SEPARATION PROCESSING. UNDER SUCH CIRCUMSTANCES YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM WICHITA TO FORT WORTH AND THE MAXIMUM REIMBURSEMENT TO WHICH YOU WERE ENTITLED FOR TRAVEL OF YOUR DEPENDENTS INCIDENT TO RELEASE FROM ACTIVE DUTY WAS FROM WICHITA TO HARTFORD, CONNECTICUT, OR $194.76. SINCE YOU WERE PAID $217.20 BASED ON TRAVEL FROM FORT WORTH TO HARTFORD, YOU WERE OVERPAID $22.44 FOR TRAVEL OF YOUR DEPENDENTS.

JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDE THAT, UPON PERMANENT CHANGE OF STATION WITH TEMPORARY DUTY DIRECTED IN THE ORDERS, PER DIEM WILL BE ALLOWED ON THE DAY FOLLOWING THE DAY OF ARRIVAL AND INCLUDING THE DAY PRIOR TO THE DAY OF DEPARTURE AND WILL NOT BE PRORATED FOR FRACTIONAL DAYS. ALSO, IT IS PROVIDED THAT IN NO CASE WILL MILEAGE AND PER DIEM BE ALLOWED FOR THE SAME DAY. SINCE YOU TRAVELED TO FORT WORTH ON JULY 5 AND 6, 1952, AND STATE YOU DEPARTED THEREFROM ON JULY 9, 1952, YOU ARE ENTITLED TO PER DIEM FOR TWO DAYS, JULY 7 AND 8, 1952, AT THE RATE OF $5 PER DAY (QUARTERS APPARENTLY AVAILABLE).

ON YOUR CLAIM FOR UNIFORM ALLOWANCE, THE RECORD SHOWS THAT ON OCTOBER 13, 1950, YOU ENTERED ON ACTIVE DUTY OF MORE THAN 90 DAYS' DURATION AND THAT SUCH ACTIVE DUTY COMMENCED MORE THAN TWO YEARS AFTER COMPLETING A PREVIOUS PERIOD OF ACTIVE DUTY. SINCE IT APPEARS THAT YOU DID NOT RECEIVE AN INITIAL UNIFORM ALLOWANCE IN EXCESS OF $200 DURING THAT TOUR OF ACTIVE DUTY NOR WITHIN TWO YEARS PRIOR THERETO, YOU ARE ENTITLED TO A UNIFORM ALLOWANCE OF $100 PURSUANT TO THE PROVISIONS OF SECTION 243(C) OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 493.

A SETTLEMENT FOR THE AMOUNTS DUE AS PER DIEM AND UNIFORM ALLOWANCE LESS THE OVERPAYMENT OF $22.14 WILL ISSUE IN DUE COURSE.