B-122767, FEB 18, 1955

B-122767, FEB 18, 1955

PRECIS-UNAVAILABLE

MR. HAROLD S. GRAHAM:

YOUR LETTER OF JANUARY 13, 1955, IN EFFECT REQUESTED REVIEW OF THE SETTLEMENT OF JANUARY 3, 1955, WHICH ALLOWED YOU $46.16 AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND SON) FROM MONTGOMERY, ALABAMA, TO BALDWINEVILLE, NEW YORK, MAY 1 TO 5, 1950, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS CAPTAIN, UNITED STATES AIR FORCE RESERVE, BY PARAGRAPH 18, SPECIAL ORDERS NO. 69, DATED MARCH 22, 1950.

THE ORDERS DIRECTED YOU TO PROCEED FROM MAXWELL AIR FORCE BASE, ALABAMA, TO YOUR HOME OF RECORD, ST. LOUIS, MISSOURI, IT BEING FURTHER STATED THAT YOUR MAILING ADDRESS WAS BALDWINEVILLE, NEW YORK. YOUR FINAL PAY INCLUDED $46.16 AS MILEAGE FOR YOUR TRAVEL FROM LAST STATION TO HOME OF RECORD, AND THE AMOUNT ALLOWED AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS WAS COMPUTED ON THE BASIS OF THE DISTANCE BETWEEN THOSE POINTS AT THE RATE OF FOUR CENTS PER MILE FOR EACH DEPENDENT. IN YOUR REQUEST FOR REVIEW YOU STATE THAT YOUR HOME WAS ST. LOUIS, MISSOURI, WHEN YOU WERE CALLED TO ACTIVE DUTY IN 1942, AND THAT FOLLOWING YOUR MARRIAGE IN 1945 YOU ESTABLISHED A LEGAL RESIDENCE IN BALDWINEVILLE, NEW YORK. ON THAT BASIS, YOU CONTEND THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS COMPUTED ON THE DISTANCE FROM MAXWELL AIR FORCE BASE TO BALDWINEVILLE. YOU CONTEND, FURTHER, THAT REIMBURSEMENT SHOULD HAVE BEEN AT THE RATE OF SIX CENTS A MILE FOR EACH DEPEDENT.

UNDER THE LAW AND REGULATIONS IN EFFECT AT THE TIME, YOU WERE ENTITLED TO MILEAGE FOR YOUR OWN TRAVEL AND TO REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM YOUR LAST STATION TO YOUR HOME OF RECORD, IT BEING FURTHER PROVIDED THAT THE MONETARY ALLOWANCE FOR TRAVEL OF DEPENDENTS WOULD BE AT THE RATE OF FOUR CENTS A MILE FOR DEPENDENTS 12 YEARS OF AGE AND OVER. LONG HAS BEEN HELD THAT THE HOME OF A RESERVE OFFICER TO WHICH HE IS ENTITLED TO MILEAGE AND TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS UPON RELEASE FROM ACTIVE DUTY IS THE PLACE RECORDED AS HIS HOME AT THE TIME OF ENTERING UPON THE RELEVANT TOUR OF ACTIVE DUTY. FURTHER, WHILE AN OFFICER MAY REPORT A CHANGE OF HOME ADDRESS AT ANY TIME DURING A TOUR OF ACTIVE DUTY, WHICH PLACE, IF NOT AGAIN CHANGED, WILL BE TREATED AS HIS HOME OF RECORD IF AGAIN CALLED TO ACTIVE DUTY, SUCH CHANGE IN HOME ADDRESS IS INEFFECTIVE TO OBLIGATE THE GOVERNMENT FOR ANY GREATER TRAVEL OR TRANSPORTATION ALLOWANCES UPON RELEASE FROM THE THEN CURRENT TOUR OF ACTIVE DUTY THAN FROM HIS LAST STATION TO THE PLACE RECORDED AS HIS HOME UPON ENTERING SUCH TOUR OF DUTY. 19 COMP. GEN. 731. AS TO THE MILEAGE RATE, PRIOR TO APRIL 1, 1951, THE EFFECTIVE DATE OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, WHICH ESTABLISHED A MILEAGE RATE OF SIX CENTS A MILE, THE STATUTORY AUTHORITY FOR PAYMENT OF MILEAGE FOR DEPENDENT TRAVEL WAS THE ACT OF APRIL 27, 1946, 60 STAT. 126, WHICH PROVIDED EXPRESSLY THAT REIMBURSEMENT FOR TRAVEL OF DEPENDENTS 12 YEARS OF AGE AND OVER SHALL BE AT THE RATE OF FOUR CENTS A MILE.

SINCE THE RECORD CLEARLY SHOWS THAT YOUR HOME WHEN YOU ENTERED UPON THE TOUR OF ACTIVE DUTY HERE INVOLVED WAS ST. LOUIS, MISSOURI, YOU ARE NOT ENTITLED TO ADDITIONAL REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS TO BALDWINEVILLE, NOTWITHSTANDING THAT YOU MAY HAVE ESTABLISHED A RESIDENCE THERE WHILE ON ACTIVE DUTY, OR THAT IT MAY HAVE BEEN YOUR HOME DURING A SUBSEQUENT TOUR OF ACTIVE DUTY. ALSO, SINCE THE TRAVEL IN QUESTION WAS PERFORMED BY YOUR DEPENDENTS PRIOR TO APRIL 1, 1951, INCIDENT TO ORDERS DATED MARCH 22, 1950, THERE IS NO AUTHORITY FOR REIMBURSING YOU FOR SUCH TRAVEL AT A RATE HIGHER THAN FOUR CENTS A MILE.

ACCORDINGLY, THE SETTLEMENT AS MADE WAS CORRECT AND IS SUSTAINED.