B-116009, NOV 24, 1953

B-116009, NOV 24, 1953

PRECIS-UNAVAILABLE

MR. WILLIS J. PARKER:

REFERENCE IS MADE TO YOUR WIFE'S LETTER OF JUNE 1, 1953, REQUESTING REVIEW ON YOUR BEHALF OF SETTLEMENT DATED MAY 13, 1953, WHEREIN YOU WERE ALLOWED THE SUM OF $27.24 ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF HER TRAVEL FROM FORT SILL, OKLAHOMA, TO SAN ANTONIO, TEXAS, AND FROM THE LATTER PLACE TO OKLAHOMA CITY, OKLAHOMA, INCIDENT TO YOUR SERVICE AS A SERGEANT, ARMY OF THE UNITED STATES.

THE RECORD SHOWS THAT BY TEMPORARY DUTY ORDERS DATED MAY 7, 1952, YOU WERE TRANSFERRED FROM THE STATION HOSPITAL AT TINKER AIR FORCE BASE, OKLAHOMA CITY, OKLAHOMA, TO BROOKE ARMY HOSPITAL, FORT SAM HOUSTON, TEXAS, FOR FURTHER OBSERVATION AND TREATMENT, UPON THE COMPLETION OF WHICH YOU WERE DIRECTED TO RETURN TO YOUR PROPER STATION, FORT SILL, OKLAHOMA, FOR DUTY, UNLESS OTHERWISE DIRECTED; THAT INCIDENT TO SUCH ORDERS YOUR WIFE TRAVELED AT PERSONAL EXPENSE FROM FORT SILL, OKLAHOMA, TO SAN ANTONIO, TEXAS, BETWEEN THE DATES AUGUST 4 AND 5, 1952; THAT YOUR WIFE WAS OFFICIALLY ADVISED AT BROOKE ARMY HOSPITAL ON AUGUST 6, 1952, THAT ON THE BASIS OF THE ACTION OF THE ARMY PHYSICAL EVALUATION BOARD IT WAS ANTICIPATED THAT ORDERS WOULD BE ISSUED IN THE NEAR FUTURE RETIRING YOU FROM THE MILITARY SERVICE; THAT ON THE FOLLOWING DAY, AUGUST 7, 1952, YOUR WIFE TRAVELED AT PERSONAL EXPENSE FROM SAN ANTONIO TO OKLAHOMA CITY, AND THAT BY ORDERS DATED AUGUST 26, 1952, YOU WERE RETIRED BY REASON OF PHYSICAL DISABILITY, EFFECTIVE AUGUST 31, 1952. SUCH ORDERS PROVIDED THAT AT THE PROPER TIME YOU WOULD PROCEED TO YOUR HOME AT OKLAHOMA CITY. SETTLEMENT DATED MAY 13, 1953, YOU WERE ALLOWED ON YOUR CLAIM THE SUM OF $27.24 AS REIMBURSEMENT FOR THE TRAVEL OF YOUR WIFE, COMPUTED ON A MILEAGE BASIS ON THE DISTANCE FROM FORT SILL, OKLAHOMA, TO SAN ANTONIO, TEXAS.

THE APPLICABLE REGULATIONS ARE CONTAINED IN PARAGRAPH 7004 OF THE JOINT TRAVEL REGULATIONS. IT IS PROVIDED IN SUBPARAGRAPH 1 THEREOF THAT, SUBJECT TO SUBPARAGRAPH 4, WHEN A MEMBER IS TRANSFERRED FROM EITHER A TEMPORARY OR PERMANENT DUTY STATION TO A HOSPITAL OR FROM A HOSPITAL WHERE LISTED AS A PATIENT TO ANOTHER HOSPITAL FOR OBSERVATION AND TREATMENT, TRANSPORTATION FOR HIS DEPENDENTS IS AUTHORIZED, AS FOR A PERMANENT CHANGE OF STATION, FROM THE LAST PERMANENT DUTY STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED. SUBPARAGRAPH 4 THEREOF PROVIDES THAT WHEN A MEMBER IS HOSPITALIZED AND A CERTIFICATE IS EXECUTED BY THE COMMANDING OFFICER OF THE HOSPITAL SETTING FORTH THE FINDING THAT THE PERIOD OF TREATMENT CAN BE EXPECTED TO BE PROLONGED, DEPENDENTS OF THE MEMBER MAY BE TRANSPORTED AT GOVERNMENT EXPENSE AS PRESCRIBED IN SUBPARAGRAPH 1.

THE REGULATIONS CONTEMPLATE THAT THE REQUIRED CERTIFICATE SHALL BE THAT OF THE COMMANDING OFFICER OF THE RECEIVING HOSPITAL AND THAT IT SHALL BE PROSPECTIVE IN NATURE. IN YOUR CASE, THE PURPORTED CERTIFICATE OF PROLONGED EXPECTED TREATMENT WAS ISSUED AT BROOKE ARMY HOSPITAL ON AUGUST 6, 1952, AND ON THE SAME DATE YOUR WIFE WAS ADVISED THAT ON THE BASIS OF THE ACTION OF THE ARMY PHYSICAL EVALUATION BOARD IT WAS ANTICIPATED THAT IN THE NEAR FUTURE YOU WOULD BE RETIRED FROM THE MILITARY SERVICE, AND, AS ANTICIPATED, YOU WERE RETIRED WITHIN LESS THAN ONE MONTH THEREAFTER PURSUANT TO ORDERS DATED AUGUST 26, 1952, EFFECTIVE AUGUST 31, 1952. THOSE FACTS IT IS CLEAR THAT PROLONGED TREATMENT AT THAT HOSPITAL WAS NOT THEN EXPECTED. HENCE, THE PURPORTED CERTIFICATE OF PROLONGED TREATMENT IN YOUR CASE MAY NOT BE ACCEPTED AS COMPLYING WITH THE REGULATIONS AND THE ORDERS OF MAY 7, 1952, MAY NOT BE CONSIDERED AS DIRECTING A PERMANENT CHANGE OF STATION. THE ORDERS OF MAY 7 AND AUGUST 26, 1952, HOWEVER, EFFECTED A PERMANENT CHANGE OF STATION FROM FORT SILL TO OKLAHOMA CITY AND SINCE YOUR WIFE ACTUALLY TRAVELED A GREATER DISTANCE TO OKLAHOMA CITY UPON BEING ADVISED OF YOUR PROSPECTIVE RETIREMENT ORDERS EFFECTING THE CHANGE, YOU BECAME ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF YOUR WIFE NOT TO EXCEED TRAVEL FROM FORT SILL TO OKLAHOMA CITY, 85 MILES, COMPUTED ON A MILEAGE BASIS AT 6 CENTS PER MILE, OR $5.10. IT FOLLOWS THAT YOU WERE ENTITLED TO REIMBURSEMENT ONLY IN THE AMOUNT OF $5.10, INSTEAD OF THE AMOUNT OF $27.24 ALLOWED ON YOUR CLAIM. THE RESULTING OVERPAYMENT OF $22.14 SHOULD BE REMITTED TO THIS OFFICE BY CHECK, DRAFT, OR MONEY ORDER PAYABLE TO THE TREASURER OF THE UNITED STATES.