B-125608, DEC. 21, 1955

B-125608, DEC. 21, 1955

TO BILL G. CHURCH, M. D.:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 26, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 22, 1955, WHICH DISALLOWED YOUR CLAIM FOR $146.15, REPRESENTING A PORTION OF THE AMOUNT REMITTED BY YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD GOODS FROM GARY AIR FORCE BASE, SAN MARCOS, TEXAS, TO RICHMOND, VIRGINIA, INCIDENT TO YOUR DISCHARGE AS CAPTAIN, UNITED STATES AIR FORCE. REFERENCE IS MADE ALSO TO YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $33.24, ARISING FROM PAYMENT FOR YOUR WIFE'S TRAVEL FROM MOLINE, ILLINOIS, TO MARTINDALE, TEXAS, A GREATER DISTANCE THAN FROM HOME TO FIRST PERMANENT STATION.

THE RECORD SHOWS THAT BY PARAGRAPH 3, SPECIAL ORDERS NO. 227, DATED OCTOBER 2, 1953, GARY AIR FORCE BASE, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE OCTOBER 16, 1953, AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD, BARTLESVILLE, OKLAHOMA. SUBSEQUENTLY, BY PARAGRAPH 17, DEPARTMENT OF THE AIR FORCE SPECIAL ORDERS NO. 204, DATED OCTOBER 19, 1953, THE DEPARTMENT OF AIR FORCE ORDERS OF 1951 (WHICH RECALLED YOU TO ACTIVE DUTY FROM BARTLESVILLE, OKLAHOMA), WERE AMENDED, EFFECTIVE SEPTEMBER 7, 1951, TO INCLUDE "/NOW AT TEMP ADDRESS OF RECORD--- 328 DIXMYTH AVE. CINCINNATI, OHIO).' THE ORDERS FURTHER STATED THAT THIS WAS A CORRECTION OF ADMINISTRATIVE ERROR TO SHOW ORIGINAL INTENT. TO CONFORM WITH THAT AMENDMENT, THE ORDERS OF OCTOBER 2, 1953, ALSO WERE AMENDED (BY PARAGRAPH 9, SPECIAL ORDERS NO. 257, DATED NOVEMBER 9, 1953, GARY AIR FORCE BASE), TO STATE THAT YOU WERE TO PROCEED TO YOUR HOME OF RECORD, CINCINNATI, OHIO. AT YOUR REQUEST, YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM SAN MARCOS, TEXAS, TO RICHMOND, VIRGINIA, AND YOU WERE REQUIRED TO REMIT $191.59 AS THE EXCESS COST OF SHIPMENT FOR A GREATER DISTANCE THAN FROM LAST STATION TO HOME OF RECORD, BARTLESVILLE, OKLAHOMA.

IT IS YOUR CONTENTION THAT, BY REASON OF THE CORRECTION OF THE PLACE SHOWN AS YOUR HOME IN THE ORDERS TO ACTIVE DUTY, YOU ARE ENTITLED TO PARTIAL REFUND BASED ON SHIPPING RIGHTS FROM LAST STATION TO CINCINNATI, OHIO. FOR THE PURPOSE OF ESTABLISHING THAT THE DEPARTMENT OF THE AIR FORCE WAS AWARE OF YOUR RESIDENCE IN CINCINNATI BEFORE YOU WERE ORDERED TO ACTIVE DUTY, YOU HAVE FURNISHED A COPY OF A LETTER ADDRESSED TO YOU THERE BY THAT DEPARTMENT ON JUNE 6, 1951. ALSO, YOU HAVE FURNISHED AN ORDER ISSUED ON JANUARY 5, 1951, BY THE SELECTIVE SERVICE LOCAL BOARD, CINCINNATI, OHIO, DIRECTING YOU TO REPORT FOR PHYSICAL EXAMINATION.

THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. PARAGRAPH 1150-3 OF THOSE REGULATIONS PROVIDES THAT THE TERM "HOME" MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. IT FURTHER PROVIDES THAT TRAVEL AND TRANSPORTATION ALLOWANCES MAY BE BASED ON THE OFFICIALLY CORRECTED RECORDING IN THOSE INSTANCES WHEN, THROUGH BONA FIDE ERROR, THE PLACE ORIGINALLY NAMED AT THE TIME OF CURRENT ENTRY INTO THE SERVICE WAS NOT IN FACT THE ACTUAL HOME, AND THAT ANY SUCH CORRECTIONS MUST BE FULLY JUSTIFIED AND THE HOME, AS CORRECTED, MUST BE THE ACTUAL HOME OF THE MEMBER UPON ENTERING THE SERVICE AND NOT A DIFFERENT PLACE SELECTED FOR HIS CONVENIENCE. IN YOUR CASE, THE AMENDATORY ORDERS OF OCTOBER 19, 1953, DO NOT STATE THAT YOUR ACTUAL HOME UPON ENTERING THE SERVICE WAS CINCINNATI. INSTEAD, IT IS STATED THAT THE ORIGINAL INTENT WAS TO SHOW THAT YOU THEN WERE AT A TEMPORARY ADDRESS OF RECORD, 328 DIXMYTH AVENUE, CINCINNATI, OHIO. NEVERTHELESS, WE REQUESTED THE ADJUTANT GENERAL OF THE AIR FORCE TO FURNISH THE PLACE RECORDED AS YOUR HOME WHEN ORDERED TO ACTIVE DUTY AND TO ADVISE US WHETHER, THROUGH BONA FIDE ERROR, THE PLACE ORIGINALLY NAMED WAS NOT IN FACT YOUR ACTUAL HOME. IN REPLY, THAT OFFICIAL ADVISED US THAT YOU WERE COMMISSIONED AND APPLIED FOR ACTIVE DUTY ON JUNE 14, 1951, AT WHICH TIME YOU WERE IN A SURGICAL RESIDENCY AT GOOD SAMARITAN HOSPITAL, CINCINNATI; THAT YOU COMPLETED SUCH RESIDENCY ON JULY 1, 1951; THAT, WHILE AWAITING ORDERS TO ACTIVE DUTY, YOU MOVED FROM CINCINNATI TO YOUR WIFE'S HOME AT 1865-13TH AVENUE, MOLINE, ILLINOIS, TAKING YOUR FAMILY AND HOUSEHOLD GOODS WITH YOU, AND THAT YOU WERE AT THE LATTER ADDRESS WHEN YOU RECEIVED THE ORDERS TO ACTIVE DUTY WHICH HAD BEEN FORWARDED FROM YOUR "PERMANENT HOME ADDRESS IN BARTLESVILLE, OKLAHOMA.'

THUS, ASIDE FROM DOUBT AS TO WHETHER CINCINNATI WAS EVEN A TEMPORARY ADDRESS WHEN YOU WERE ORDERED TO ACTIVE DUTY, IT SEEMS CLEAR THAT YOUR HOME OF RECORD WAS BARTLESVILLE, OKLAHOMA. SINCE, UPON RELEASE FROM ACTIVE DUTY, YOU WERE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS FROM LAST STATION TO HOME OF RECORD OR BETWEEN OTHER POINTS AT NO GREATER COST, AND SINCE YOUR EFFECTS WERE SHIPPED A GREATER DISTANCE, YOU PROPERLY WERE CHARGED WITH THE EXCESS COST INVOLVED AND ARE NOT ENTITLED TO REFUND. THEREFORE, THE SETTLEMENT OF AUGUST 22, 1955, WAS CORRECT AND IS SUSTAINED.

RESPECTING YOUR INDEBTEDNESS, THE RECORD SHOWS THAT, INCIDENT TO YOUR ORDERS TO ACTIVE DUTY AND ASSIGNMENT TO PERMANENT DUTY AT GARY AIR FORCE BASE, SAN MARCOS, TEXAS, YOUR DEPENDENT TRAVELED FROM MOLINE, ILLINOIS, TO MARTINDALE, TEXAS, DURING THE PERIOD NOVEMBER 29 TO DECEMBER 10, 1951, AND THAT YOU WERE REIMBURSED FOR THE TRAVEL BETWEEN THOSE POINTS (VOUCHER 5390, DECEMBER 1951 ACCOUNTS OF C. R. GLEASON, SYMBOL 225-338). UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS, EXCEPTION WAS TAKEN TO $33.24 FOR THE REASON THAT YOU WERE NOT ENTITLED TO REIMBURSEMENT FOR ANY GREATER DISTANCE THAN FROM HOME OF RECORD (BARTLESVILLE, OKLAHOMA) TO FIRST PERMANENT STATION (GARY AIR FORCE BASE, SAN MARCOS, TEXAS). SINCE THE RECORD FURTHER SHOWS YOU HAVE NOT REMITTED THAT AMOUNT, PAYMENT SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE FOLLOWING ADDRESS:

U. S. GENERAL ACCOUNTING OFFICE

POST OFFICE BOX 2610

WASHINGTON 13, D. C.

THE SELECTIVE SERVICE ORDER OF JANUARY 5, 1951, IS RETURNED AS REQUESTED.