B-142391, APR. 12, 1960

B-142391, APR. 12, 1960

TO MRS. FLORENCE M. KELLY:

REFERENCE IS MADE TO A LETTER DATED MARCH 14, 1960, WITH ENCLOSURES, FROM MR. B. J. LLOYD, JR., CHIEF, ARMED FORCES CLAIMS, VETERANS OF FOREIGN WARS OF THE UNITED STATES, REQUESTING ON YOUR BEHALF REVIEW OF SETTLEMENT DATED JANUARY 22, 1960, WHICH DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOURSELF AND CHILDREN AS THE DEPENDENTS OF WILLIAM JOSEPH KELLY IN CONNECTION WITH THE PERFORMANCE OF TRAVEL BETWEEN ROCKLAND, MASSACHUSETTS, AND SAN DIEGO, CALIFORNIA, INCIDENT TO YOUR HUSBAND'S ORDERS TO DUTY ABOARD THE U.S.S. INGERSOLL. IT IS STATED, AMONG OTHER THINGS, THAT THE CIRCUMSTANCES INVOLVED IN YOUR CASE WARRANTING RECONSIDERATION OF YOUR CLAIM ARE THAT YOUR LATE HUSBAND PROBABLY MADE THE MOVE PRIOR TO THE TIME WHEN HE WOULD HAVE BEEN REQUIRED TO LEAVE BOSTON IN COMPLIANCE WITH THE ORDERS SO THAT HE MIGHT HAVE HIS FAMILY SETTLED PRIOR TO THE DATE ON WHICH HE WOULD REPORT FOR DUTY, AND THAT HAD HE WAITED UNTIL THE OFFICIAL TIME TO LEAVE HE WOULD, UNDER NORMAL CONDITIONS, HAVE HAD TO TAKE TIME OFF FROM HIS NEW STATION FOR THIS PURPOSE.

THE RECORD SHOWS THAT BY ORDER NO. 29-60, DATED SEPTEMBER 16, 1959, YOUR LATE HUSBAND WAS TRANSFERRED FROM HEADQUARTERS, FIRST NAVAL DISTRICT, BOSTON, MASSACHUSETTS, TO THE U.S.S. INGERSOLL AT SAN DIEGO, CALIFORNIA. HE WAS AUTHORIZED THIRTY DAYS' DELAY TO COUNT AS LEAVE, PLUS FOURTEEN DAYS TRAVEL TIME AND FOUR DAYS PROCEED TIME, AND WAS REQUIRED TO REPORT NOT LATER THAN NOVEMBER 17, 1959. THE DEPARTMENT OF THE NAVY REPORTS THAT YOU AND YOUR CHILDREN PERFORMED TRAVEL TO SAN DIEGO CONCURRENTLY WITH YOUR HUSBAND, ARRIVING AT THAT PLACE ON OCTOBER 26, 1959. YOUR HUSBAND DIED TWO DAYS LATER AT SAN DIEGO AND PRIOR TO REPORTING FOR DUTY UNDER THE ORDERS.

THE TRAVEL OF MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814 PARAGRAPH 3003-1 (B) OF THOSE REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. FURTHER, IT HAS LONG BEEN THE RULE THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS PRIOR TO THE EFFECTIVE DATE, THAT IS, UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION IN ORDER TO REPORT AT HIS NEW STATION ON THE DATE DESIGNATED IN THE CHANGE OF STATION ORDERS. WHILE A MEMBER MAY TRAVEL AND TRANSPORT HIS DEPENDENTS AT ANY TIME AFTER RECEIPT OF ORDERS AND PRIOR TO THEIR EFFECTIVE DATE, SUCH TRAVEL AND TRANSPORTATION IS AT THE MEMBER'S OWN RISK.

IN VIEW OF THE CITED REGULATIONS, AND SINCE IT IS CLEAR THAT YOUR LATE HUSBAND WOULD NOT HAVE HAD TO LEAVE HIS STATION AT BOSTON UNTIL AFTER OCTOBER 28, 1959--- THE DATE OF HIS DEATH--- IN ORDER TO REACH SAN DIEGO BY NOVEMBER 17, THERE IS NO LEGAL BASIS ON WHICH WE MAY ALLOW YOUR CLAIM.