B-132096, JUL. 24, 1957

B-132096, JUL. 24, 1957

TO MR. CHARLES G. BON ESKE:

BY LETTER DATED MAY 22, 1957, YOUR ATTORNEY, MR. HAGER, DIRECTED OUR ATTENTION TO A LETTER OF JULY 25, 1955, FROM YOU TO THE AIR FORCE FINANCE CENTER. ASSUMING THAT THE RECORD IS NOW COMPLETE, THE SETTLEMENT OF MARCH 23, 1956, WILL BE REVIEWED.

ON MARCH 9, 1951, YOU WERE ORDERED TO EXTENDED ACTIVE DUTY, EFFECTIVE APRIL 5, 1951. AFTER REPORTING AT NORTON AIR FORCE BASE, SAN BERNARDINO, CALIFORNIA, YOUR RECEIVED ORDERS DATED MAY 25, 1951, TO WESTOVER AIR FORCE BASE, MASSACHUSETTS, TO REPORT NOT LATER THAN JUNE 18, 1951, FOR FURTHER ASSIGNMENT OVERSEAS. THESE ORDERS CONTAINED AN EXPRESS STATEMENT THAT COORDINATED TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED. AFTER YOUR ARRIVAL OVERSEAS YOU EXECUTED A VOUCHER, ON JUNE 30, 1951, FOR REIMBURSEMENT OF EXPENSES INCIDENT TO OFFICIAL TRAVEL, CERTIFYING THAT TRAVEL WAS ACTUALLY PERFORMED BY YOUR DEPENDENT WIFE, BEVERLY, FROM JUNE 1, 1951, TO JUNE 18, 1951, BETWEEN REDLANDS, CALIFORNIA, AND QUOGUE, LONG ISLAND, NEW YORK. THIS VOUCHER WAS THE BASIS FOR A PAYMENT IN THE AMOUNT OF $188.10.

AFTER RETURNING FROM OVERSEAS YOU RECEIVED ORDERS DATED APRIL 28, 1952, RELEASING YOU FROM DUTY AT WESTOVER AIR FORCE BASE, MASSACHUSETTS, AND ASSIGNING YOU TO LARSON AIR FORCE BASE, WASHINGTON. YOU CLAIMED AND RECEIVED $175.50 FOR THE TRAVEL OF YOUR WIFE TO LARSON AIR FORCE BASE. THIS CLAIM WAS MADE BY VOUCHER SIGNED JUNE 12, 1952, IN WHICH YOU CERTIFIED THAT MRS. BON ESKE REMAINED AT WESTOVER AIR FORCE BASE UNTIL YOUR RETURN FROM OVERSEAS.

PAYMENT OF $74.64 WAS MADE ON A VOUCHER IN WHICH YOU CLAIMED THAT YOUR WIFE TRAVELED FROM LARSON AIR FORCE BASE TO SOUTH PASADENA, CALIFORNIA, BETWEEN DECEMBER 30, 1952, AND JANUARY 7, 1953, INCIDENT TO ORDERS OF DECEMBER 24, 1952, RELEASING YOU FROM ACTIVE DUTY EFFECTIVE JANUARY 2, 1953.

FROM THE DISCREPANCIES BETWEEN STATEMENTS ON THE THREE VOUCHERS AND UPON OTHER INFORMATION, NOTICES OF EXCEPTION WERE PLACED AGAINST ALL PAYMENTS RELATING TO MRS. BON ESKE'S TRAVEL. TO CLARIFY THE SITUATION CORRESPONDENCE WAS INITIATED WITH YOU BY THE AIR FORCE FINANCE CENTER. REPLY, BY LETTER OF JULY 25, 1955, YOU SAID:

"IN THE MATTER OF TRAVEL, MY WIFE ACCOMPANIED ME IN JUNE 1951 FROM REDLANDS TO WESTOVER A.F.B.MASS. WHEN I DEPARTED FOR GOOSE BAY, LABRADOR, MY WIFE ESTABLISHED RESIDENCE AT QUOGUE, LONG ISLAND, NEW YORK, WHERE SHE INTENDED TO LIVE UNTIL I COULD ARRANGE TRANSPORTATION FOR HER TO GOOSE BAY. I APPLIED IMMEDIATELY FOR HOUSING, BUT AFTER SEVERAL MONTHS IT BECAME APPARENT THAT BECAUSE OF INSUFFICIENT FACILITIES FOR THE EXPANDED PROGRAM I WOULD NOT BE ABLE TO SECURE FAMILY LIVING SPACE. WHEN MY WIFE LEARNED OF THIS SHE BECAME DESPONDENT AND SUBSEQUENTLY PREVAILED UPON MY SISTER TO COME FROM CALIFORNIA AND ACCOMPANY HER BACK TO CALIFORNIA. WIFE ESTABLISHED RESIDENCE IN THE VICINITY OF EL MONTE. SHE WAS UNABLE TO RETURN TO OUR FORMER HOME IN SOUTH PASADENA BECAUSE WE HAD LEASED IT WHEN I WAS RECALLED.

"IN THE MATTER OF MONETARY ALLOWANCE, I ASSUMED I WAS ENTITLED TO SUCH MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR MY DEPENDENT. I PROVIDED ALL OF THE MONEY FOR MY WIFE'S TRANSPORTATION, AS WELL AS ALL OTHER LIVING EXPENSES, AND SOUGHT REIMBURSEMENT FOR THE TRAVEL COSTS. I APPLIED FOR REIMBURSEMENT AT WESTOVER A.F.B. BUT WAS TOLD TO WAIT UNTIL I ARRIVED OVERSEAS. I LATER APPLIED AT GOOSE BAY AND RECEIVED PAYMENT THERE. WHEN I RETURNED FROM OVERSEAS I APPLIED FOR REIMBURSEMENT OF MY WIFE'S TRANSPORTATION BACK TO CALIFORNIA. I WAS TOLD THAT I COULD NOT AT THAT TIME COLLECT THE FULL AMOUNT BUT ONLY THAT PORTION FROM WESTOVER A.F.B. TO LARSON A.F.B., BASED ON MY P.C.S. ORDERS, AND THAT THE REMAINDER WHEN I RECEIVED MY FINAL ORDERS TO RETURN HOME. I RECEIVED PART OF THE REIMBURSEMENT IN ABOUT JUNE OF 1952 AND THE REMAINDER WHEN RECEIVED MY SEPARATION ORDERS IN DECEMBER 1952.'

WE UNDERSTAND YOUR STATEMENT TO MEAN THAT MRS. BON ESKE ACCOMPANIED YOU TO WESTOVER, PROCEEDED TO QUOGUE WHERE SHE INTENDED TO AWAIT TRANSPORTATION TO GOOSE BAY, AND THEN RETURNED TO CALIFORNIA WHERE SHE ESTABLISHED A RESIDENCE AND REMAINED UNTIL YOU WERE RELEASED FROM ACTIVE DUTY.

TRAVEL ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES ARE PROVIDED FOR BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, AND THE JOINT TRAVEL REGULATIONS. AT THE TIME YOU WERE ASSIGNED OVERSEAS, PARAGRAPH 7008 OF THE JOINT TRAVEL REGULATIONS PROVIDED THAT UPON A PERMANENT CHANGE OF STATION OUTSIDE THE UNITED STATES A MEMBER WAS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE. SUBPARAGRAPH 3 EXPLAINED THAT DEPENDENTS, NOT AUTHORIZED TO TRAVEL AT THE TIME AS THE MEMBER, COULD TRAVEL AT GOVERNMENT EXPENSE TO ANY PLACE IN THE UNITED STATES WHICH THE MEMBER DESIGNATED, AND THENCE, TO THE MEMBER'S OVERSEAS STATION. ASSUMING THAT QUOGUE, LONG ISLAND, WAS THE PLACE DESIGNATED BY YOU, THE PAYMENT OF $188.10 WILL NOT BE FURTHER QUESTIONED.

AT THE TIME OF YOUR RETURN FROM OVERSEAS, PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS SET FORTH THE GENERAL REQUIREMENTS AS TO ENTITLEMENT OF TRANSPORTATION FOR DEPENDENTS, BUT SUBPARAGRAPH 11 THEREOF PROHIBITED REIMBURSEMENT IN A SITUATION WHEN THE DEPENDENT DEPARTED FROM THE OLD PERMANENT STATION--- IN YOUR CASE, THE PLACE TO WHICH SHE TRAVELED IN LIEU OF YOUR PERMANENT STATION--- PRIOR TO THE ISSUANCE OF ORDERS, UNLESS THE VOUCHER WAS SUPPORTED BY A CERTIFICATE FROM THE COMMANDING OFFICER STATING THAT THE MEMBER WAS ADVISED OF THE CHANGE IN ADVANCE OF THE ISSUANCE.

SINCE YOU STATE THAT MRS. BON ESKE RETURNED TO CALIFORNIA WITH YOUR SISTER IN ADVANCE OF YOUR RETURN FROM OVERSEAS AND PRIOR TO ORDERS ASSIGNING YOU TO LARSON AIR FORCE BASE, NO RIGHT ACCRUED FOR REIMBURSEMENT OF HER TRANSPORTATION FROM QUOGUE, LONG ISLAND, TO CALIFORNIA. COMPARE SMITH V. UNITED STATES, 214 F.2D 305. THEREFORE, EXCEPTIONS STATED AGAINST THE LAST TWO VOUCHERS WERE CORRECT. ACCORDINGLY, REFUND OF THE TOTAL AMOUNT NOW DUE, $250.14, SHOULD BE MADE WITHOUT FURTHER DELAY.