B-125713, FEB. 29, 1956

B-125713, FEB. 29, 1956

TO CAPTAIN ROBERT C. CARSON, USMCR:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 8, 1955, REQUESTING REVIEW OF THE SETTLEMENTS OF NOVEMBER 16, 1954, AND AUGUST 18, 1955, WHICH ALLOWED THE SUMS OF $25.02 AND $33.42, RESPECTIVELY, AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM EDENTON, NORTH CAROLINA, TO CENTRAL CANOVANAS, PUERTO RICO, VIA MIAMI, FLORIDA, AUGUST 6 AND 7, 1953, AND FROM THE LATTER PLACE TO OCEANSIDE, CALIFORNIA, VIA NEW YORK, NEW YORK, JUNE 9 TO 22, 1954.

THE TRAVEL FROM EDENTON TO PUERTO RICO WAS PERFORMED INCIDENT TO ORDERS DATED AUGUST 4, 1953, WHICH TRANSFERRED YOU FROM EDENTON TO A RESTRICTED STATION OVERSEAS (JAPAN). THE TRAVEL FROM PUERTO RICO TO OCEANSIDE WAS PERFORMED INCIDENT TO ORDERS DATED APRIL 24 AND MAY 17, 1954, RETURNING YOU TO THE UNITED STATES FOR RESIGNATION, AND RELEASING YOU FROM ACTIVE DUTY UPON ACCEPTANCE OF RESIGNATION EFFECTIVE MAY 25, 1954. THE AMOUNT ALLOWED BY THE FIRST SETTLEMENT WAS BASED ON THE DISTANCE FROM EDENTON, NORTH CAROLINA, TO NEW YORK, NEW YORK. THE AMOUNT ALLOWED BY THE SECOND SETTLEMENT WAS BASED ON THE DISTANCE FROM SAN FRANCISCO TO OCEANSIDE, CALIFORNIA. THE RECORD SHOWS THAT INCIDENT TO THE TERMINATION OF YOUR SERVICE YOU WERE PAID TRAVEL ALLOWANCES FROM SAN FRANCISCO, CALIFORNIA, TO PLACE OF ACCEPTANCE OF COMMISSION, ANNAPOLIS, MARYLAND; THAT YOUR HOME WHEN ORDERED TO ACTIVE DUTY WAS DENVER, COLORADO, AND THAT UPON RELEASE YOU STATED YOUR HOME ADDRESS WOULD BE OCEANSIDE, CALIFORNIA.

UNDER THE JOINT TRAVEL REGULATIONS IN EFFECT, WHEN YOU WERE ORDERED TO YOUR OVERSEAS STATION, YOU WERE ENTITLED TO TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED IN THE UNITED STATES NOT TO EXCEED THE DISTANCE FROM YOUR OLD STATION TO THE PORT IN THE UNITED STATES APPROPRIATE FOR TRAVEL TO YOUR OVERSEAS STATION. THE REGULATIONS ALSO PROVIDE (PARAGRAPH 3003-1A) THAT THE TERM "PERMANENT CHANGE OF STATION" INCLUDES THE CHANGE FROM LAST STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE. SINCE YOUR DEPENDENTS TRAVELED IN THE UNITED STATES FROM EDENTON TO MIAMI, INCIDENT TO YOUR ORDERS OVERSEAS AND SINCE THE DISTANCE BETWEEN THOSE POINTS IS LESS THAN THE DISTANCE BETWEEN EDENTON AND SAN FRANCISCO, YOUR PORT OF EMBARKATION, REIMBURSEMENT FOR SUCH TRAVEL IS AUTHORIZED.

UPON YOUR RETURN TO THE UNITED STATES, YOU DID NOT HAVE A PERMANENT STATION PRIOR TO RELEASE FROM ACTIVE DUTY. UPON YOUR RELEASE YOU BECAME ENTITLED TO TRANSPORTATION FOR YOUR DEPENDENTS TO YOUR HOME OF RECORD OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, WHICHEVER IS GREATER.

SINCE THE PORT AT WHICH YOU WOULD NORMALLY ENTER THE UNITED STATES FROM YOUR STATION IN JAPAN WOULD APPEAR TO BE SAN FRANCISCO, YOUR MAXIMUM RIGHT TO TRANSPORTATION FOR YOUR DEPENDENT IN THE UNITED STATES COULD NOT EXCEED THE DISTANCE FROM SAN FRANCISCO TO (1) YOUR HOME OF RECORD--- DENVER--- OR (2) THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY--- ANNAPOLIS. FURTHERMORE, AS AN ADDITIONAL LIMITATION, NO RIGHT TO TRANSPORTATION ACCRUED EXCEPT FOR ACTUAL TRAVEL NOT TO EXCEED THE DISTANCE NECESSARY FOR THE DEPENDENT TO TRAVEL IN ORDER TO REACH ONE OF THESE POINTS. IN OTHER WORDS, YOUR DEPENDENT WAS AUTHORIZED TO TRAVEL AT GOVERNMENT EXPENSE FROM NEW YORK, HER PORT OF ENTRY INTO THE UNITED STATES, TO ANNAPOLIS, NOT TO EXCEED THE DISTANCE FROM SAN FRANCISCO TO ANNAPOLIS OR TO TRAVEL FROM NEW YORK TO DENVER, NOT TO EXCEED THE DISTANCE FROM SAN FRANCISCO TO DENVER. YOUR DEPENDENT ACTUALLY TRAVELED FROM NEW YORK TO OCEANSIDE, CALIFORNIA, AND HENCE IT APPEARS THAT TRANSPORTATION TO DENVER, NOT TO EXCEED THE DISTANCE FROM SAN FRANCISCO TO DENVER, WOULD GIVE YOU THE MAXIMUM AUTHORIZED.

ACCORDINGLY, A SUPPLEMENTARY SETTLEMENT FOR THE AMOUNTS DUE ON THE BASIS INDICATED ABOVE LESS THE SUMS PREVIOUSLY PAID WILL ISSUE IN DUE COURSE.