B-126670, MAR. 27, 1956

B-126670, MAR. 27, 1956

TO LIEUTENANT COLONEL J. CARROLL, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF OCTOBER 5, 1955, WITH ENCLOSURES, FORWARDED HERE BY SEVENTH ENDORSEMENT DATED JANUARY 16, 1956, REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER STATED IN FAVOR OF LIEUTENANT COLONEL ROBERT H. CLAGETT, JR., 024803, INFANTRY, FOR REIMBURSEMENT FOR HIS WIFE'S TRAVEL FROM FORT BENNING, GEORGIA, TO TEMPLE CITY, CALIFORNIA, DURING THE PERIOD JUNE 18 TO JULY 15, 1955, PURSUANT TO ORDERS DATED APRIL 12, 1955. YOU EXPRESS DOUBT AS TO THE SUFFICIENCY OF THE OFFICER'S CERTIFICATE TO ESTABLISH THAT THE TRAVEL WAS PERFORMED WITH AN INTENT TO REMAIN AT TEMPLE CITY PENDING TRANSPORTATION TO A NEW DUTY STATION AS CONTEMPLATED BY PARAGRAPH 7000 1 OF THE JOINT TRAVEL REGULATIONS.

BY PARAGRAPH 29, SPECIAL ORDERS NO. 72, DATED APRIL 12, 1955, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C., THE OFFICER WAS RELEASED FROM ASSIGNMENT AND DUTY AT FORT BENNING, GEORGIA, AND ASSIGNED TO THE OVERSEAS REPLACEMENT STATION, FORT LEWIS, WASHINGTON, FOR FURTHER ASSIGNMENT OVERSEAS. THE VOUCHER CONTAINS A CERTIFICATE EXECUTED BY THE OFFICER THAT "I CERTIFY THAT TRAVEL OF MY DEPENDENTS HAS BEEN PERFORMED AS CLAIMED HEREIN FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AT 5660 N. SULTANA, TEMPLE CITY, CALIF.' IN SUPPORT OF THAT CERTIFICATE COLONEL GLAGETT SUBMITTED A STATEMENT, IN SUBSTANCE, THAT HE DECIDED THAT HIS WIFE SHOULD LIVE WITH HER SISTER AND BROTHER-IN LAW, MR. AND MRS. A. L. THORNTON, AT TEMPLE CITY, CALIFORNIA, UNTIL HE RETURNED TO THE UNITED STATES, OR UNTIL SUCH TIME AS SHE COULD JOIN HIM IN THE FAR EAST; THAT THEY DEPARTED FROM FORT BENNING, GEORGIA, ON JUNE 18, 1955, AND ARRIVED AT TEMPLE CITY, CALIFORNIA, JULY 15, 1955; BUT THAT SUBSEQUENT TO HIS ARRIVAL IN KOREA, MR. THORNTON ACCEPTED A NEW JOB IN MEMPHIS, TENNESSEE, AND HIS WIFE THEN TOOK UP RESIDENCE WITH MR. AND MRS. THORNTON AT THAT CITY ON AUGUST 16, 1955, TRAVELING BY COMMERCIAL AIR AT HIS PERSONAL EXPENSE.

PARAGRAPH 7008-3, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION (OVERSEAS) AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE PLACE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF THE CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE. PARAGRAPH 7000-1 OF THE SAME REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS TO PLACES WHERE THEY DO NOT INTEND TO REMAIN UNTIL FURTHER TRANSPORTATION IS AUTHORIZED IS NOT CONSIDERED TO BE PROPER, NOTWITHSTANDING THAT A PERMANENT CHANGE OF STATION MAY HAVE OCCURRED WHICH MAY APPEAR TO PERMIT SUCH MOVEMENT. WHILE THE OFFICER'S WIFE REMAINED AT THE NEW RESIDENCE AT TEMPLE CITY, CALIFORNIA, ONLY DURING THE PERIOD JULY 15 TO AUGUST 16, 1955, THE CERTIFICATE AND THE STATEMENT FURNISHED BY THE OFFICER MAY BE ACCEPTED AS ESTABLISHING THAT WHEN THE TRAVEL WAS PERFORMED HIS WIFE INTENDED TO REMAIN IN TEMPLE CITY, CALIFORNIA, AS CONTEMPLATED BY THE REGULATIONS. SEE ALSO PARAGRAPH 7000-17 OF THE CURRENT JOINT TRAVEL REGULATIONS.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT ON THE VOUCHER BEING AUTHORIZED, IF OTHERWISE CORRECT.