B-142651, MAY 2, 1960

B-142651, MAY 2, 1960

TO MR. CALVIN N. KIRK:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 2, 1960, REQUESTING REVIEW OF THAT PART OF OUR SETTLEMENT DATED NOVEMBER 23, 1959, WHICH DISALLOWED YOUR CLAIM FOR TRAILER ALLOWANCE INCIDENT TO YOUR ORDERS OF JUNE 12, 1959, BY WHICH YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT FORT RILEY, KANSAS, TO FITZSIMONS ARMY HOSPITAL, DENVER, COLORADO, FOR TREATMENT. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 23, 1959, FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME DID NOT AUTHORIZE PAYMENT OF TRAILER ALLOWANCE TO A MEMBER UPON HIS TRANSFER FROM A STATION IN THE UNITED STATES TO A HOSPITAL FOR PROLONGED TREATMENT. IN YOUR LETTER YOU REFER TO A REVISION IN THE JOINT TRAVEL REGULATIONS WHICH AUTHORIZES PAYMENT OF TRAILER ALLOWANCE UNDER CIRCUMSTANCES SUCH AS INVOLVED IN YOUR CLAIM. APPARENTLY, YOU BELIEVE YOUR CLAIM IS FOR ALLOWANCE UNDER THE NEW REGULATIONS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT, UNDER SUCH REGULATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE, A MEMBER OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO A REASONABLE ALLOWANCE FOR TRANSPORTING A HOUSE TRAILER. THE CURRENT REGULATIONS (PARAGRAPH 10010, JOINT TRAVEL REGULATIONS, EFFECTIVE JANUARY 1, 1960) AUTHORIZE PAYMENT OF TRAILER ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES INCIDENT TO HIS TRANSFER FROM A STATION IN THE UNITED STATES TO A HOSPITAL FOR TREATMENT WHEN IT IS APPROPRIATELY CERTIFIED THAT THE PERIOD OF HOSPITALIZATION IS EXPECTED TO BE PROLONGED. HOWEVER, PRIOR TO JANUARY 1, 1960, THE REGULATIONS MADE NO PROVISION FOR PAYMENT OF TRAILER ALLOWANCE UNDER SUCH CIRCUMSTANCES. HENCE, YOUR CLAIM CAN BE ALLOWED ONLY IF RETROACTIVE EFFECT MAY BE GIVEN TO PARAGRAPH 10010, OF THE REGULATIONS.

IT IS WELL SETTLED THAT WHEN A REGULATION IS ISSUED, RIGHTS THEREUNDER BECOME FIXED, AND ALTHOUGH SUCH REGULATIONS MAY BE AMENDED PROSPECTIVELY TO INCREASE THE RIGHTS GIVEN THEREBY, THEY MAY NOT BE SO AMENDED RETROACTIVELY. CF. ARIZONA GROCERY V. ATCHISON RY. 284 U.S. 370; SEE ALSO, 27 COMP. GEN. 339; 31 ID. 619; 32 ID. 315; AND 33 ID. 505. SINCE PARAGRAPH 10010 OF THE REGULATIONS WAS ISSUED EFFECTIVE JANUARY 1, 1960, IT MAY NOT BE APPLIED RETROACTIVELY TO AUTHORIZE PAYMENT OF YOUR CLAIM FOR TRAILER ALLOWANCE. ACCORDINGLY, THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.

IN ANSWER TO YOUR QUESTION WHETHER YOU WILL BE PAID TRAILER ALLOWANCE UPON YOUR RETIREMENT FROM THE SERVICE, YOUR ATTENTION IS DIRECTED TO PARAGRAPH 10002 OF THE JOINT TRAVEL REGULATIONS, COPY ENCLOSED.