B-116439, AUG 19, 1953

B-116439, AUG 19, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL R. J. TROUT, FC, U. S. ARMY:

BY FIRST INDORSEMENT OF JULY 28, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF JULY 9, 1953, TO THIS OFFICE FOR ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT ON TWO VOUCHERS, SUBMITTED THEREWITH, STATED TO COVER CLAIMS "FOR TRAVEL" PERFORMED BY TWO ENLISTED MEN NAMED THEREIN. NEITHER OF THE VOUCHERS INDICATE THE AMOUNT, IF ANY, BELIEVED TO BE DUE NOR DO THEY DISCLOSE THE BASIS ON WHICH IT IS PROPOSED TO COMPUTE THAT AMOUNT. SUCH INFORMATION SHOULD BE SHOWN ON VOUCHERS SUBMITTED TO THIS OFFICE FOR ADVANCE DECISION.

PARAGRAPH 10, SPECIAL ORDERS NO. 234, SEPTEMBER 22, 1952, HEADQUARTERS, 196TH REGIMENTAL COMBAT TEAM, APO 949, C/O POSTMASTER, SEATTLE, WASHINGTON, RELIEVED SERGEANT ATHANASIUS S. DZIUK, FROM DUTY AT FORT RICHARDSON, ALASKA, AND DIRECTED HIM TO PROCEED ON OCTOBER 3, 1952, TO FORT HOOD, TEXAS, FOR SEPARATION FROM THE SERVICE. EIGHT DAYS' LEAVE EN ROUTE WAS GRANTED IN SUCH ORDERS AND TRAVEL BY DIFFERENT MEANS OF CONVEYANCE, INCLUDING COMMERCIAL AIR, WAS AUTHORIZED. IT IS STATED THAT HE TRAVELED BY COMMERCIAL AIRCRAFT FROM SEATTLE, WASHINGTON, TO SAN ANTONIO, TEXAS, AT PERSONAL EXPENSE DURING THE PERIOD OCTOBER 3 TO 4, 1952, AND THAT SINCE HE BECAME ILL EN ROUTE, HE WAS ADMITTED TO BROOKE ARMY HOSPITAL, FORT SAM HOUSTON, TEXAS, AS A DIRECT CASUAL AFTER HIS ARRIVAL AT SAN ANTONIO. UNDER DATE OF JANUARY 2, 1953, HE WAS RELIEVED FROM ASSIGNMENT AND DUTY AT FORT HOOD AND REASSIGNED IN GRADE TO MEDICAL HOLDING DETACHMENT, BROOKE ARMY HOSPITAL, BY HOSPITAL TRANSFER ORDERS NO. 3, ISSUED AT THAT HOSPITAL. IT IS STATED THAT HIS DISCHARGE FROM THE SERVICE WAS EFFECTED AT FORT SAM HOUSTON.

THE FACT THAT SERGEANT DZIUK TRAVELED FROM SEATTLE TO FORT SAM HOUSTON IN A LEAVE STATUS, DOES NOT AFFECT HIS RIGHT TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR SUCH TRAVEL (CASE 16(A), PARAGRAPH 4156, JOINT TRAVEL REGULATIONS), AND WHILE HE DID NOT COMPLETE TRAVEL TO FORT HOOD, THE REQUIREMENT THAT HE TRAVEL THERETO WAS CHANGED BY HIS REASSIGNMENT TO MEDICAL HOLDING DETACHMENT, BROOKE ARMY HOSPITAL. UNDER SUCH CIRCUMSTANCES HE IS ENTITLED TO MILEAGE FOR THE TRAVEL FROM SEATTLE TO FORT SAM HOUSTON. SEE IN THIS CONNECTION CASE 16(C), PARAGRAPH 4156, JOINT TRAVEL REGULATIONS.

BY PARAGRAPH 23, SPECIAL ORDERS NO. 299, HEADQUARTERS, THE INFANTRY CENTER, FORT BENNING, GEORGIA, W. G. DICKERSON, PRIVATE, WAS DIRECTED TO PROCEED ON DECEMBER 27, 1952, TO FORT LAWTON, WASHINGTON, REPORTING NOT LATER THAN JANUARY 9, 1953, FOR JANUARY SHIPMENT TO USAFFE. EIGHT DAYS' DELAY ACCOUNTABLE AS LEAVE WAS AUTHORIZED THEREIN. IT IS STATED THAT AFTER EXPIRATION OF SUCH LEAVE AND WHILE PROCEEDING TO FORT LAWTON BY PRIVATELY OWNED CONVEYANCE, HE WAS INJURED IN AN AUTOMOBILE ACCIDENT AT ELOY, ARIZONA, ON JANUARY 9, AND THAT HE WAS HOSPITALIZED AT DAVIS MONTHAN AIR FORCE BASE, TUCSON, ARIZONA. LETTER ORDERS NO. 383, ISSUED AT THE LATTER AIR FORCE BASE ON APRIL 21, 1953, DIRECTED HIM TO PROCEED ON TEMPORARY DUTY TO BROOKE ARMY HOSPITAL FOR HOSPITALIZATION AND TREATMENT FOR APPROXIMATELY 30 DAYS, UPON COMPLETION OF WHICH HE WAS TO "RTRN" TO FORT LAWTON. HOSPITAL TRANSFER ORDERS NO. 285, MAY 13, 1953, BROOKE ARMY HOSPITAL, RELIEVED HIM FROM ATTACHMENT WITH ARMY PERSONNEL CENTER AT FORT LAWTON AND REASSIGNED HIM IN GRADE TO MEDICAL HOLDING DETACHMENT AT THAT HOSPITAL.

IT APPEARS THAT PRIVATE DICKERSON WAS INJURED ON THE SAME DAY THAT HE WAS REQUIRED TO REPORT AT FORT LAWTON. AT THAT TIME HE WAS TRAVELING BY AUTOMOBILE, A MEANS OF TRANSPORTATION NOT AUTHORIZED IN HIS TRAVEL ORDERS, AND ON A ROUTE OF TRAVEL WHICH WAS FAR AWAY FROM THE OFFICIAL ROUTE BETWEEN FORT BENNING AND FORT LAWTON. THE PLACE OF THE ACCIDENT WAS APPROXIMATELY 1,800 MILES FROM SEATTLE. NO EXPLANATION OF THE FOREGOING CIRCUMSTANCES HAS BEEN FURNISHED AND IT DOES NOT APPEAR THAT THE DEPARTMENT OF THE ARMY HAS MADE A REPORT IN THE MATTER. UNTIL SUFFICIENT INFORMATION HAS BEEN FURNISHED AS WILL PERMIT OF A DETERMINATION AS TO WHETHER HE WAS COMPLYING WITH HIS ORDERS, THERE IS NO BASIS FOR A CONCLUSION THAT HE WAS TRAVELING UNDER COMPETENT ORDERS. ON THE PRESENT RECORD, THIS OFFICE IS UNABLE TO DETERMINE HIS RIGHTS IN THE PREMISES. ACCORDINGLY, THE VOUCHER SIGNED BY HIM WILL BE FORWARDED TO THE CLAIMS DIVISION OF THIS OFFICE FOR DEVELOPMENT AND SETTLEMENT AS A CLAIM.

PAYMENT ON THE VOUCHER IN FAVOR OF SERGEANT DZIUK, RETURNED HEREWITH, IS AUTHORIZED AT THE RATE OF SIX CENTS PER MILE FOR THE DISTANCE FROM SEATTLE TO FORT SAM HOUSTON.