B-129609, NOV. 26, 1956
Highlights
IT WAS STATED IN THOSE ORDERS THAT "IN THE EVENT YOU ARE HOSPITALIZED 90 DAYS OR LESS YOU WILL RETURN TO PROPER ORG AND STA UNLESS OTHERWISE DIRECTED BY PROPER AUTH.'. THE COMMANDING OFFICER OF THE LATTER HOLDING DETACHMENT CERTIFIED THAT THE ENLISTED MAN'S PERIOD OF TREATMENT AT WALTER REED ARMY HOSPITAL WAS EXPECTED TO BE PROLONGED. PROVIDE THAT WHEN A MEMBER IS TRANSFERRED FROM A PERMANENT DUTY STATION TO A HOSPITAL FOR OBSERVATION AND TREATMENT. TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED. IF THE COMMANDING OFFICER AT THE HOSPITAL ISSUES A CERTIFICATE SETTING FORTH THE FINDING THAT THE PERIOD OF TREATMENT IS EXPECTED TO BE PROLONGED.
B-129609, NOV. 26, 1956
TO LIEUTENANT COLONEL J. B. REGAN, FC, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:
BY FIRST INDORSEMENT OF OCTOBER 23, 1956, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF OCTOBER 8, 1956, AND ATTACHED VOUCHER, FOR ADVANCE DECISION AS TO THE RIGHT OF MASTER SERGEANT HANNIBAL C. ROSE, RA, TO REIMBURSEMENT FOR HIS DEPENDENT WIFE'S TRAVEL FROM COLUMBIA, SOUTH CAROLINA, TO WASHINGTON, D.C., ON AUGUST 1 AND 2, 1956.
LETTER ORDERS NO. 7-408, ISSUED AT FORT JACKSON, SOUTH CAROLINA, UNDER DATE OF JULY 31, 1956, RELEASED THE ENLISTED MAN FROM ATTACHMENT TO MEDICAL HOLDING DETACHMENT, 3431 SU, AT THAT STATION AND TRANSFERRED HIM TO WALTER REED ARMY HOSPITAL, WASHINGTON, D.C., WITH ATTACHMENT TO MEDICAL HOLDING DETACHMENT AT THAT HOSPITAL, FOR FURTHER OBSERVATION AND TREATMENT. IT WAS STATED IN THOSE ORDERS THAT "IN THE EVENT YOU ARE HOSPITALIZED 90 DAYS OR LESS YOU WILL RETURN TO PROPER ORG AND STA UNLESS OTHERWISE DIRECTED BY PROPER AUTH.' HOSPITAL TRANSFER ORDER NR 125, AUGUST 15, 1956, WALTER REED ARMY HOSPITAL, RELEASED HIM FROM THE DUTY ASSIGNMENT AT FORT JACKSON AND REASSIGNED HIM TO THE MEDICAL HOLDING DETACHMENT (9901) AT THAT HOSPITAL. ON AUGUST 29, 1956, THE COMMANDING OFFICER OF THE LATTER HOLDING DETACHMENT CERTIFIED THAT THE ENLISTED MAN'S PERIOD OF TREATMENT AT WALTER REED ARMY HOSPITAL WAS EXPECTED TO BE PROLONGED.
PARAGRAPHS 9004-1 AND 4, JOINT TRAVEL REGULATIONS, PROVIDE THAT WHEN A MEMBER IS TRANSFERRED FROM A PERMANENT DUTY STATION TO A HOSPITAL FOR OBSERVATION AND TREATMENT, TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED, IF THE COMMANDING OFFICER AT THE HOSPITAL ISSUES A CERTIFICATE SETTING FORTH THE FINDING THAT THE PERIOD OF TREATMENT IS EXPECTED TO BE PROLONGED. WHILE THE ORDERS OF JULY 31 DID NOT DETACH SERGEANT ROSE FROM HIS ASSIGNED DUTIES AT FORT JACKSON, THEY INDICATED THAT SUCH ASSIGNMENT WOULD BE TERMINATED IF HE WAS HOSPITALIZED MORE THAN 90 DAYS. SUCH ACTION ACTUALLY WAS TAKEN UNDER THE ORDER OF AUGUST 15, 1956--- IT APPARENTLY HAVING BEEN DETERMINED THAT HE WOULD BE HOSPITALIZED FOR MORE THAN 90 DAYS --- AND THE REQUISITE CERTIFICATE WAS ISSUED TWO WEEKS LATER.
PARAGRAPH 7000-9, JOINT TRAVEL REGULATIONS, APPEARS TO CONTEMPLATE THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS WHO DEPART FROM THE OLD STATION PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS, IF THE VOUCHER IS SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER OF THE ORDER ISSUING AUTHORITY THAT THE MEMBER WAS ADVISED THAT PERMANENT CHANGE OF STATION ORDERS WOULD BE ISSUED AT A LATER TIME. THE ORDERS OF JULY 31 CONTAINED ADVANCE INFORMATION CONCERNING PERMANENT CHANGE OF STATION ORDERS. WHILE SUCH INFORMATION WAS OF A CONDITIONAL NATURE, THE PERMANENT CHANGE OF STATION ORDERS ACTUALLY WERE ISSUED AND THE REQUISITE FINDING CONCERNING THE EXPECTED PROLONGATION OF THE PERIOD OF TREATMENT, WAS MADE. IN SUCH CIRCUMSTANCES, THERE APPEARS NO SUFFICIENT BASIS TO QUESTION THE ENLISTED MAN'S RIGHT TO TRANSPORTATION OF HIS WIFE AT GOVERNMENT EXPENSE FROM COLUMBIA TO WASHINGTON. SEE IN THIS CONNECTION DECISION OF MAY 1, 1952, B-109221.
ACCORDINGLY, PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.