B-132052, JUL. 17, 1957
Highlights
SMITH: REFERENCE IS MADE TO YOUR LETTER OF MAY 15. YOU WERE RELIEVED FROM FURTHER DUTY WITH THE 86TH ORD.BN. YOU WERE- - UPON YOUR REQUEST. ON WHICH DATE YOU WERE TO REVERT TO A RETIRED STATUS. THE RECORD SHOWS THAT THE TRAVEL OF YOUR DEPENDENTS WAS IN ANTICIPATION OF RETIREMENT ORDERS WHICH SUBSEQUENTLY ISSUED. THAT THE PRINCIPAL REASON FOR THEIR TRAVEL TO YOUR HOME PRIOR TO AUTHORIZATION WAS TO FACILITATE THE ENROLLMENT OF YOUR DAUGHTER IN COLLEGE DURING THE EARLY PART OF SEPTEMBER. THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER OR HIS DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS. THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.
B-132052, JUL. 17, 1957
TO MR. WILLIAM M. SMITH:
REFERENCE IS MADE TO YOUR LETTER OF MAY 15, 1957, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 1, 1957, WHICH DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCES FOR TRAVEL OF YOUR DEPENDENTS (WIFE, AND DAUGHTER AGE 19), FROM KILLEEN, TEXAS, TO BURBANK, CALIFORNIA, AUGUST 21-23, 1956.
BY SPECIAL ORDERS NO. 192, DATED SEPTEMBER 26, 1956, YOU WERE RELIEVED FROM FURTHER DUTY WITH THE 86TH ORD.BN., FORT HOOD, TEXAS, AND PERMANENTLY ASSIGNED TO STA.COM., CAMP IRWIN, CALIFORNIA, OCTOBER 12, 1956. SPECIAL ORDERS NO. 200, DATED OCTOBER 8, 1956, YOU WERE- - UPON YOUR REQUEST--- RETIRED FROM ACTIVE SERVICE ON OCTOBER 31, 1956. HOWEVER, THESE ORDERS PLACED YOU ON ACTIVE DUTY AT YOUR ASSIGNED STATION EFFECTIVE NOVEMBER 1, 1956, THE DATE FOLLOWING YOUR RETIREMENT, AND PROVIDED FOR YOUR RELEASE FROM FURTHER ACTIVE DUTY AT CAMP IRWIN, CALIFORNIA, JANUARY 31, 1957, ON WHICH DATE YOU WERE TO REVERT TO A RETIRED STATUS. DURING AUGUST 1956, WHILE PERMANENTLY STATIONED AT FORT HOOD, TEXAS, AND PRIOR TO ORDERS EFFECTING A PERMANENT CHANGE OF STATION, YOUR DEPENDENTS TRAVELED FROM KILLEEN, TEXAS, TO YOUR HOME LOCATED AT 261 WEST LINDEN AVENUE, BURBANK, CALIFORNIA. THE RECORD SHOWS THAT THE TRAVEL OF YOUR DEPENDENTS WAS IN ANTICIPATION OF RETIREMENT ORDERS WHICH SUBSEQUENTLY ISSUED, AND THAT THE PRINCIPAL REASON FOR THEIR TRAVEL TO YOUR HOME PRIOR TO AUTHORIZATION WAS TO FACILITATE THE ENROLLMENT OF YOUR DAUGHTER IN COLLEGE DURING THE EARLY PART OF SEPTEMBER.
THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDE FOR TRANSPORTATION IN KIND (OR MONETARY ALLOWANCES IN LIEU OF SUCH TRANSPORTATION) OF DEPENDENTS OF MEMBERS WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION, INCLUDING THE CHANGE FROM HOME TO FIRST DUTY STATION AND FROM LAST STATION TO HOME. HOWEVER, PARAGRAPH 7000-9 (CHANGE 48) OF THE REGULATIONS, IN EFFECT AT THE TIME OF THE TRAVEL INVOLVED, SPECIFICALLY PRECLUDES PAYMENT OF MONETARY ALLOWANCES TO MEMBERS FOR DEPENDENTS' TRAVEL WHERE THE DEPENDENTS DEPARTED FROM THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS, AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER OR HIS DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS, THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. MERE GENERAL INFORMATION AS TO THE TIME OF EVENTUAL RELEASE FROM ACTIVE DUTY IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATIONS. 34 COMP. GEN. 241. IN THE ABSENCE OF THE SUPPORTING CERTIFICATE AS CONTEMPLATED AND REQUIRED BY VALID REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW AND ARE BINDING UPON OUR OFFICE, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. AS YOU WELL KNOW, THE BURDEN IS ON THE CLAIMANT TO ESTABLISH A CLEAR LIABILITY ON THE UNITED STATES AND THE CLAIMANT'S RIGHT TO PAYMENT.
ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THE SETTLEMENT OF APRIL 1, 1957, MUST BE AND IS, SUSTAINED.