B-132588, SEP. 18, 1957
Highlights
BRIGGS BAUGH: REFERENCE IS MADE TO YOUR LETTER OF JUNE 27. YOU WERE TRANSFERRED FROM LACKLAND AIR FORCE BASE. YOU WERE RELIEVED FROM ASSIGNMENT AT NORTON AIR FORCE BASE AND DIRECTED TO PROCEED ON OR ABOUT MAY 2. THE ORDERS STATED THAT CONCURRENT TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION WAS NOT AUTHORIZED. YOU SUBMITTED A CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL STATING THAT SHE WAS LOCATED AT SAN BERNARDINO WHEN THE ORDERS OF APRIL 3. WERE ISSUED. YOU WERE PAID $182.52 AS REIMBURSEMENT FOR THE TRAVEL. YOU EXECUTED A FORM FOR FAMILY ALLOWANCE PURPOSES ON WHICH YOU STATED YOUR WIFE'S ADDRESS WAS 1038 N. EVIDENCE AS TO THE PLACES AND DATES ON WHICH YOUR WIFE NEGOTIATED ALLOTMENT CHECKS CAUSED US TO QUESTION WHETHER THE TRAVEL WAS PERFORMED AS CLAIMED OR.
B-132588, SEP. 18, 1957
TO MR. BRIGGS BAUGH:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 27, 1957, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES ARISING FROM YOUR SERVICE AS SECOND LIEUTENANT, UNITED STATES AIR FORCE.
BY ORDERS DATED MARCH 19, 1952, YOU WERE TRANSFERRED FROM LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, TO NORTON AIR FORCE BASE, SAN BERNARDINO, CALIFORNIA. BY ORDERS DATED APRIL 4, 1953, YOU WERE RELIEVED FROM ASSIGNMENT AT NORTON AIR FORCE BASE AND DIRECTED TO PROCEED ON OR ABOUT MAY 2, 1953, TO CAMP STONEMAN, CALIFORNIA, FOR FURTHER ASSIGNMENT TO DUTY OVERSEAS, A DELAY OF 30 DAYS' EN ROUTE BEING AUTHORIZED. THE ORDERS STATED THAT CONCURRENT TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION WAS NOT AUTHORIZED. ON JUNE 3, 1953, AFTER REPORTING AT CAMP STONEMAN, YOU SUBMITTED A CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL STATING THAT SHE WAS LOCATED AT SAN BERNARDINO WHEN THE ORDERS OF APRIL 3, 1953, WERE ISSUED, AND THAT SHE TRAVELED FROM THAT CITY TO NEW YORK, NEW YORK, DURING THE PERIOD MAY 1 TO 15, 1953. ON JUNE 9, 1953, YOU WERE PAID $182.52 AS REIMBURSEMENT FOR THE TRAVEL. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS, HOWEVER, WE LEARNED THAT ON JANUARY 1, 1953, YOU EXECUTED A FORM FOR FAMILY ALLOWANCE PURPOSES ON WHICH YOU STATED YOUR WIFE'S ADDRESS WAS 1038 N. SHORE DRIVE, NORFOLK, VIRGINIA. ALSO, EVIDENCE AS TO THE PLACES AND DATES ON WHICH YOUR WIFE NEGOTIATED ALLOTMENT CHECKS CAUSED US TO QUESTION WHETHER THE TRAVEL WAS PERFORMED AS CLAIMED OR, IF PERFORMED, WHETHER YOUR WIFE HAD ESTABLISHED A RESIDENCE IN SAN BERNARDINO.
BY LETTER OF APRIL 9, 1956, YOU ADVISED US THAT YOUR WIFE ACCOMPANIED YOU TO SAN BERNARDINO IN APRIL 1952; THAT IN JULY 1952, YOU AND YOUR WIFE SEPARATED AND SHE LEFT TO RESIDE WITH HER MOTHER IN NORFOLK, VIRGINIA; THAT THEREAFTER SHE MOVED TO NEW YORK CITY, HER ORIGINAL HOME; THAT YOU BECAME RECONCILED IN APRIL 1953; THAT SHE JOINED YOU AT SAN BERNARDINO, AND THAT YOU ACCOMPANIED HER TO NEW YORK CITY BEFORE YOU REPORTED TO CAMP STONEMAN. WHILE THAT LETTER INDICATES YOUR WIFE RESIDED IN SAN BERNARDINO FOR SEVERAL MONTHS IN 1952, AND FURNISHES A REASON FOR HER VARIOUS ADDRESSES THEREAFTER, IT DOES NOT SHOW THAT SHE HAD AGAIN ESTABLISHED A RESIDENCE IN SAN BERNARDINO PRIOR TO THE ORDERS OF APRIL 4, 1953. YOUR PRESENT LETTER IS ACCOMPANIED BY A LETTER WRITTEN BY YOU ON APRIL 4, 1957, TO THE CALIFORNIA HOTEL, SAN BERNARDINO, CALIFORNIA, FOR THE PURPOSE OF ESTABLISHING THAT YOUR WIFE WAS REGISTERED THERE "FOR SEVERAL DAYS" IN APRIL 1953. WHILE THE REPLY FROM THE HOTEL STATES THEIR RECORDS ARE NOT AVAILABLE, IT SEEMS CLEAR THAT A FAVORABLE REPLY WOULD HAVE ESTABLISHED NO MORE THAN A BRIEF VISIT.
THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. TRANSPORTATION OF DEPENDENTS IS AUTHORIZED UPON PERMANENT CHANGE OF STATION. WHEN THE MEMBER IS ORDERED TO DUTY OVERSEAS AND CONCURRENT TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION IS NOT AUTHORIZED, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE MEMBER'S STATION TO A DESIGNATED PLACE IN THE UNITED STATES. HOWEVER, THE LAW AND REGULATIONS CONTEMPLATE THAT TRAVEL BE INCIDENT TO A CHANGE OF RESIDENCE FOR THE DEPENDENTS BY REASON OF A CHANGE OF STATION FOR THE MEMBER. TRANSPORTATION IS NOT AUTHORIZED WHEN DEPENDENTS RESIDING AT A POINT AWAY FROM THE MEMBER'S STATION TRAVEL TO THE STATION WHEN CHANGE OF STATION ORDERS ARE ISSUED OR IN ANTICIPATION OF SUCH ORDERS, AND AFTER A BRIEF VISIT RETURN TO THE POINT FROM WHICH TRAVEL BEGAN. SINCE THE RECORD INDICATES THAT YOUR WIFE DID NOT HAVE A BONA FIDE RESIDENCE AT SAN BERNARDINO WHEN THE ORDERS OF APRIL 4, 1953, WERE ISSUED; THAT SHE MERELY VISITED YOU FOR A SHORT TIME PRIOR TO THE TRAVEL, AND THAT HER TRAVEL DID NOT INVOLVE A CHANGE OF RESIDENCE AS A RESULT OF THE CHANGE OF STATION, THERE WOULD APPEAR TO BE NO AUTHORITY FOR THE TRAVEL AT GOVERNMENT EXPENSE.
THEREFORE, ON THE BASIS OF THE PRESENT RECORD, YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $182.50. YOUR ADMITTANCE SHOULD BE MADE IN ACCORDANCE WITH INSTRUCTIONS PREVIOUSLY FURNISHED YOU.