B-128805, SEP. 6, 1956

B-128805, SEP. 6, 1956

TO LIEUTENANT LLOYD C. NIELSEN, AO 225 5620:

REFERENCE IS MADE TO YOUR REQUEST FOR RECONSIDERATION OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED FEBRUARY 11, 1954, WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD JUNE 3 TO JULY 12, 1953, INCLUDING TRAVEL ALLOWANCE, INCIDENT TO REPORTING FOR ACTIVE DUTY AT LACKLAND AIR FORCE BASE, TEXAS, AS A SECOND LIEUTENANT, UNITED STATES AIR FORCE RESERVE. IN ADDITION, YOU NOW CLAIM REIMBURSEMENT OF YOUR WIFE'S TRAVEL FROM HAMPTON, VIRGINIA, TO SAN ANTONIO, TEXAS, DURING THE PERIOD AUGUST 1 TO 5, 1953, AND REIMBURSEMENT OF THE COST OF PACKING, DRAYAGE TO STORAGE, AND HAULING YOUR EFFECTS FROM HAMPTON, VIRGINIA, TO ALBUQUERQUE, NEW MEXICO.

IT APPEARS THAT BY LETTER OF HEADQUARTERS FIRST AIR FORCE, DIRECTORATE OF MILITARY PERSONNEL PROCUREMENT, MITCHEL AIR FORCE BASE, NEW YORK, DATED APRIL 23, 1953, YOU WERE NOTIFIED THAT YOU WERE SELECTED FOR APPOINTMENT IN THE AIR FORCE RESERVE. A LETTER OF APPOINTMENT, OATH OF OFFICE AND WAIVER OF USUAL 30 DAYS OF NOTICE PRIOR TO ENTRY INTO ACTIVE MILITARY SERVICE WERE ENCLOSED WITH THE LETTER OF APRIL 23, 1953. THAT LETTER IS IN PART AS FOLLOWS:

"YOU WILL BE ORDERED TO REPORT TO LACKLAND AIR FORCE BASE, TEXAS NOT LATER THAN 7 JUNE 1953 FOR THE PURPOSE OF PURSUING THE UNITED STATES AIR FORCE OFFICERS BASIC MILITARY COURSE. THEREFORE, IT WILL BE NECESSARY FOR YOU TO ACCOMPLISH WAIVER OF THE NORMAL THIRTY DAY OFFICIAL NOTICE PRIOR TO ENTRY INTO ACTIVE MILITARY SERVICE. THIS LETTER IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS ACTIVE DUTY ORDERS.

"SPECIAL ORDERS WILL BE ISSUED AND FORWARDED TO YOU WITHIN A REASONABLE TIME AFTER RECEIPT OF COMPLETED FORMS BY THIS HEADQUARTERS. IF THERE ARE ANY FURTHER QUESTIONS PERTAINING TO THIS APPOINTMENT, DO NOT HESITATE TO CALL UPON THIS OFFICE, OR THE UNDERSIGNED AT ANY TIME.'

YOU STATE THAT YOU FULLY COMPLIED WITH THE PROVISIONS OF THAT LETTER.

SUBSEQUENTLY YOU RECEIVED FROM MITCHEL AIR FORCE BASE A TELEGRAM DATED MAY 15, 1953, READING AS FOLLOWS:

"* * * YOU HAVE BEEN SELECTED FOR ACTIVE MILITARY SERVICE IN GRAD OF 2ND LT FOR ASSIGNMENT TO 3721ST OFFICERS TRAINING SQUADRON 3700TH AIR FORCE INDOCTRINATION WING LACKLAND AIR FORCE BASE TEXAS FOR OFFICERS BASIC MILITARY COURSE COMMENCING REPORTING DATE 7 JUNE 1953. REQUEST YOU REPORT AT NO EXPENSE TO THE GOVERNMENT TO NEAREST AIR FORCE INSTALLATION AND ACCOMPLISH A MEDICAL EXAMINATION PAREN NON FLYING PAREN AND UPON COMPLETION FORWARD 2 COMPLETED COPIES STANDARD FORM 88 AND ONE COPY STANDARD FORM 89 TO THIS HEADQUARTERS ATTN CLN RAR PAREN AS EXPEDITIOUSLY AS POSSIBLE NECESSARY YOU WAIVE NORMAL 30 DAYS ADMINISTRATIVE DELAY IN ORDER TO REPORT TO LACKLAND AIR FORCE BASE TEXAS BY 7 JUNE 1953. REQUEST REPLY BY RETURN WIRE.'

YOU STATE THAT YOU ASSUMED THE TELEGRAM WAS AN ORDER TO REPORT FOR ACTIVE DUTY AND THAT YOU WERE ADVISED AT LANGLEY AIR FORCE BASE, VIRGINIA, TO FOLLOW THE INSTRUCTIONS IN THE TELEGRAM AND REPORT TO LACKLAND AIR FORCE BASE BY JUNE 7, 1953. YOU THEN NOTIFIED THE COMMANDING GENERAL AT MITCHEL AIR FORCE BASE BY TELEGRAM THAT YOU WOULD REPORT TO LACKLAND AIR FORCE BASE ON JUNE 7, 1953. THE RECORD SHOWS THAT YOU WERE FOUND PHYSICALLY QUALIFIED FOR GENERAL MILITARY SERVICE AT LANGLEY AIR FORCE BASE, VIRGINIA, ON MAY 27, 1953.

YOU FURTHER STATE THAT YOU PROCEEDED TO LACKLAND AIR FORCE BASE AND REPORTED THERE ON JUNE 7, 1953. YOU WERE ACCEPTED ON THE BASIS OF THE TELEGRAM OF MAY 15, 1953, AND ENTERED ON THE MORNING REPORT OF THE 3721ST OFFICERS TRAINING SQUADRON AS PRESENT FOR DUTY. YOU WERE THEN ENROLLED IN CLASS 53-F OF THE OFFICERS' BASIC MILITARY COURSE. YOU ALSO STATE THAT AFTER UNDERGOING TRAINING FOR APPROXIMATELY ONE MONTH YOU MADE INQUIRY INTO YOUR PAY STATUS AND THE POSSIBILITY OF HAVING ORDERS ISSUED. THEREAFTER, HEADQUARTERS FIRST AIR FORCE, ISSUED ORDERS ORDERING YOU TO ACTIVE DUTY (SPECIAL ORDERS NO. 136, DATED JULY 13, 1953, AT LACKLAND AIR FORCE BASE) SHOWING THE EFFECTIVE DATE OF DUTY AS JULY 13, 1953. YOUR PAY RECORD SHOWS THAT YOU WERE PAID THE SUM OF $100 PRIOR TO JULY 13, 1953.

THE TELEGRAM OF MAY 15, 1953, INDICATED A DATE ON WHICH AND A PLACE AT WHICH YOU WERE TO REPORT FOR ACTIVE DUTY; IT DID NOT INDICATE THAT YOU SHOULD REMAIN AT HOME UNTIL FURTHER NOTIFIED TO REPORT. IT APPEARS THAT YOU, ACTING IN GOOD FAITH, DEPARTED FROM YOUR HOME BY PRIVATELY OWNED CONVEYANCE SO AS TO ARRIVE AT LACKLAND AIR FORCE BASE ON JUNE 7, 1953, WHERE YOU WERE ACCEPTED AND ENTERED IN TRAINING. UNDER SUCH CIRCUMSTANCES, THE TELEGRAM MAY BE CONSIDERED AS AN ORDER TO YOU TO REPORT FOR ACTIVE DUTY. HENCE, IT IS CONCLUDED THAT YOU TRAVELED PURSUANT TO COMPETENT ORDERS AND, THEREFORE, YOU ARE ENTITLED TO TRAVEL ALLOWANCE FROM HAMPTON, VIRGINIA, TO LACKLAND AIR FORCE BASE, TEXAS, AND ACTIVE DUTY PAY AND ALLOWANCES FROM JUNE 4 TO JULY 13, 1953, LESS THE AMOUNT PREVIOUSLY PAID YOU FOR SUCH PERIOD.

YOUR CLAIM FOR PACKING AND DRAYAGE OF YOUR HOUSEHOLD EFFECTS FROM YOUR RESIDENCE IN HAMPTON, VIRGINIA, TO COMMERCIAL STORAGE IN THAT CITY ON MAY 26, 1953, AS SHOWN BY A PAID RECEIPT OF THE MONROE TRANSFER AND STORAGE COMPANY, WAS ADMINISTRATIVELY DENIED SOLELY FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO RECEIPT OF ORDERS DATED JULY 13, 1953. WHILE AT LACKLAND AIR FORCE BASE YOU RECEIVED SPECIAL ORDERS DATED JULY 20, 1953, HEADQUARTERS, LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, RELEASING YOU FROM ASSIGNMENT AND DUTY AT THAT STATION AND ASSIGNING YOU TO DUTY AT THE 1090TH USAF SP REPT GP, SANDIA B, ALBUQUERQUE, NEW MEXICO, WITH TEMPORARY DUTY EN ROUTE AT KEESLER AIR FORCE BASE, MISSISSIPPI, TO REPORT THERE NOT LATER THAN AUGUST 19, 1953. THEREAFTER ON DECEMBER 17, 1953, YOUR EFFECTS WERE SHIPPED FROM STORAGE AT HAMPTON, VIRGINIA, TO ALBUQUERQUE, NEW MEXICO, YOUR NEW DUTY STATION. THE GOVERNMENT REIMBURSED YOU FOR THOSE SHIPPING CHARGES NOT TO EXCEED THE COST FROM YOUR OLD DUTY STATION AT LACKLAND AIR FORCE BASE, TEXAS, TO YOUR NEW DUTY STATION AT ALBUQUERQUE, NEW MEXICO, IN THE AMOUNT OF $93.50 AS SHOWN ON VOUCHER NO. 951715, JANUARY 1955 ACCOUNTS OF S. GADDIS.

SINCE WE HAVE NOT RECOGNIZED THE TELEGRAPH OF MAY 15, 1953, AS CONSTITUTING COMPETENT ORDERS, YOU ARE ENTITLED, UNDER THE PROVISIONS OF PARAGRAPH 8000-6, JOINT TRAVEL REGULATIONS, TO REIMBURSEMENT FOR THE CHARGES OF PACKING AND DRAYAGE FROM YOUR RESIDENCE TO STORAGE. PURSUANT TO THE ORDERS OF JULY 20, 1953, YOU WERE ENTITLED, UNDER THE PROVISIONS OF PARAGRAPH 8009-4 OF THE JOINT TRAVEL REGULATIONS, TO REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM STORAGE AT HAMPTON, VIRGINIA, TO YOUR NEW DUTY STATION AT ALBUQUERQUE, NEW MEXICO. ACCORDINGLY, A SETTLEMENT WILL BE MADE ON THAT BASIS LESS THE AMOUNT PREVIOUSLY PAID.

CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF YOUR WIFE'S TRAVEL FROM HAMPTON, VIRGINIA, TO LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, YOU CERTIFIED THAT YOUR WIFE PERFORMED THE TRAVEL BETWEEN AUGUST 1 AND 5, 1953. WE HELD IN 33 COMP. GEN. 431, THAT SUBSECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, WHICH AUTHORIZES TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE "WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION," UNDER SUCH CONDITIONS AND LIMITATIONS AS PRESCRIBED BY THE SECRETARIES CONCERNED, DOES NOT AUTHORIZE SUCH TRANSPORTATION FOR VISITS OR PERSONAL TRAVEL. SINCE YOU STATE THAT YOUR WIFE PERFORMED TRAVEL FROM HAMPTON, VIRGINIA, TO SAN ANTONIO, TEXAS, BETWEEN AUGUST 1 AND 5, 1953--- AFTER THE RECEIPT BY YOU OF ORDERS DATED JULY 20, 1953,TRANSFERRING YOU FROM SAN ANTONIO, TEXAS, TO ALBUQUERQUE, NEW MEXICO--- IT SEEMS CLEAR THAT HER TRIP TO SAN ANTONIO WAS TO VISIT YOU PRIOR TO YOUR DEPARTURE FOR TEMPORARY DUTY AT KEESLER AIR FORCE BASE, MISSISSIPPI, RATHER THAN FOR THE PURPOSE OF ESTABLISHING A RESIDENCE AT SAN ANTONIO, TEXAS. ALSO, YOUR CLAIM IS INCONSISTENT WITH THE STATEMENTS MADE IN YOUR LETTER OF AUGUST 7, 1953, TO THE EFFECT THAT WHEN YOU WENT ON ACTIVE DUTY YOUR WIFE TRAVELED TO UTAH. HENCE, ON THE PRESENT RECORD, YOU ARE NOT ENTITLED TO REIMBURSEMENT OF THE COST OF YOUR WIFE'S TRAVEL FROM HAMPTON, VIRGINIA, TO SAN ANTONIO, TEXAS.