B-124785, OCT 17, 1955

B-124785, OCT 17, 1955

PRECIS-UNAVAILABLE

CAPTAIN WRAY B. THOMAS, INFANTRY:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 13, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 27, 1955, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FORT HAMILTON, NEW YORK, TO COLUMBUS, GEORGIA.

BY PARAGRAPH ONE, LETTER ORDER 3-243, DATED MARCH 25, 1954, HEADQUARTERS SEVENTH ARMY, APO 46, YOU WERE RETURNED TO THE UNITED STATES FOR FURTHER ASSIGNMENT TO FORT BENNING, GEORGIA. BY PARAGRAPH 24, SPECIAL ORDERS NO. 119, DATED MAY 29, 1954, FORT HAMILTON, NEW YORK, YOU WERE ASSIGNED TO FORT BENNING FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION FOR APPROXIMATELY SIX MONTHS. YOUR DEPENDENTS (WIFE AND THREE CHILDREN) TRAVELED FROM YOUR OVERSEAS STATION, STUTTGART, GERMANY, TO FORT HAMILTON, NEW YORK, AT GOVERNMENT EXPENSE, THENCE TO ASHLAND, KENTUCKY, BY PRIVATELY OWNED AUTOMOBILE, JUNE 1 AND 2, 1954. IN SUBMITTING A VOUCHER TO THE FINANCE OFFICER AT FORT BENNING FOR REIMBURSEMENT FOR THEIR COMPLETED TRAVEL, YOU CERTIFIED THAT THE TRAVEL WAS PERFORMED FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AT 1116 BETH AVENUE, ASHLAND, KENTUCKY. ON THE BASIS OF YOUR REPRESENTATIONS, YOU WERE PAID $61.20 IN JUNE 1954, AS REIMBURSEMENT FOR THEIR TRAVEL BETWEEN THOSE POINTS. THEREAFTER YOUR DEPENDENTS TRAVELED FROM ASHLAND, KENTUCKY, TO COLUMBUS, GEORGIA, AND YOU EXECUTED A SUPPLEMENTAL VOUCHER STATING THAT THEY ARRIVED AT COLUMBUS ON JULY 18, 1954, AND CERTIFYING THAT THE TRAVEL WAS PERFORMED FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AT 8338 TERRY DRIVE, COLUMBUS, GEORGIA. THE PURPOSE OF SUCH VOUCHER IS TO CLAIM REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FORT HAMILTON TO COLUMBUS, LESS THE AMOUNT PREVIOUSLY PAID FOR THEIR TRAVEL FROM FORT HAMILTON TO ASHLAND.

IN YOUR PRESENT LETTER YOU STATE THAT WHEN YOU FILED THE FIRST VOUCHER YOU DEPENDED UPON ADVICE FURNISHED YOU BY FINANCE OFFICE PERSONNEL AS TO CLAIMING REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS IN TWO INCREMENTS, THAT THE CLAIM WAS MADE IN GOOD FAITH WITH NO THROUGHT OR ATTEMPT TO DEFRAUD THE GOVERNMENT AND THAT ALL THE MONEY CLAIMED IS ONLY THE AMOUNT YOU WOULD HAVE RECEIVED WITHOUT QUESTION HAD YOUR CLAIM NOT BEEN IMPROPERLY PREPARED.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICE IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THOSE REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDE (PARAGRAPH 7057) THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION MAY BE TO A POINT OTHER THAN THE NEW STATION PROVIDED THAT THE COST IS NO GREATER THAN FROM THE OLD STATION TO THE NEW; THAT (PARAGRAPH 7000) TRANSPORTATION OF DEPENDENTS TO PLACES WHERE THEY DO NOT INTEND TO REMAIN UNTIL FURTHER TRANSPORTATION IS AUTHORIZED IS NOT CONSIDERED TO BE PROPER NOTWITHSTANDING THE FACT THAT A PERMANENT CHANGE OF STATION MAY HAVE OCCURRED WHICH MAY APPEAR TO PERMIT SUCH MOVEMENT, AND (PARAGRAPH 7003-2) THAT THE MONETARY ALLOWANCE FOR TRAVEL OF DEPENDENTS IS NOT PAYABLE UNTIL AFTER THE TRAVEL HAS BEEN COMPLETED.

FROM THE INFORMATION SHOWN ON YOUR VOUCHER FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FORT HAMILTON TO ASHLAND, IT SEEMED CLEAR THAT YOUR DEPENDENTS HAD COMPLETED TRAVEL TO A POINT OTHER THAN YOUR NEW STATION FOR THE PURPOSE OF ESTABLISHING A RESIDENCE THERE. YOU WERE PAID ON THAT BASIS FOR THE TRAVEL PERFORMED. THERE WAS NO INDICATION THAT FURTHER TRAVEL WOULD BE PERFORMED SHORTLY THEREAFTER, AND YOU CERTIFIED THAT THE TRAVEL WAS FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE IN ASHLAND. THEREFORE, WHILE IT IS REGRETTED THAT YOU WERE ERRONEOUSLY ADVISED AS TO YOUR RIGHTS IN THE MATTER, THERE IS NO LEGAL BASIS UNDER THE REGULATIONS FOR THE ALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT FOR THE SUBSEQUENT TRAVEL OF YOUR DEPENDENTS TO COLUMBUS, GEORGIA.

ACCORDINGLY, THE SETTLEMENT OF MAY 27, 1955, IS SUSTAINED.