B-143957, NOV. 29, 1960

B-143957, NOV. 29, 1960

TO SERGEANT ALBERT B. CIPRIANI, USA:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 1, 1960, TRANSMITTING A CERTIFICATE OF TREATMENT BY THE CHIEF, REGISTRAR DIVISION, MARTIN ARMY HOSPITAL, FORT BENNING, GEORGIA, IN SUBSTANTIATION OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN YOUR TRAVEL AND TRANSPORTATION OF YOUR DEPENDENTS FROM COLUMBUS, GEORGIA, TO ALBUQUERQUE, NEW MEXICO, JANUARY 29 TO FEBRUARY 1, 1960, INCIDENT TO YOUR RETIREMENT EFFECTIVE JANUARY 1, 1959. SINCE THE LETTER WAS RECEIVED SUBSEQUENT TO THE DISALLOWANCE OF YOUR CLAIM ON AUGUST 12, 1960, IT IS BEING CONSIDERED IN THE NATURE OF REQUEST FOR REVEIW OF THE DISALLOWANCE ACTION TAKEN.

UPON YOUR RETIREMENT ON JANUARY 1, 1959, YOU WERE ENTITLED TO TRAVEL ALLOWANCES FOR YOURSELF AND YOUR DEPENDENTS UNDER PARAGRAPHS 4158 AND 7012 OF THE JOINT TRAVEL REGULATIONS FROM YOUR LAST DUTY STATION TO A SELECTED HOME PROVIDED THE TRAVEL WAS PERFORMED WITHIN ONE YEAR AFTER THE TERMINATION OF ACTIVE DUTY UNLESS, ON THAT DATE, YOU WERE CONFINED IN OR UNDERGOING TREATMENT AT A GOVERNMENT HOSPITAL OR CIVILIAN HOSPITAL AT GOVERNMENT EXPENSE, IN WHICH EVENT THE TRAVEL COULD BE PERFORMED WITHIN ONE YEAR AFTER DATE OF DISCHARGE FROM THE HOSPITAL OR TERMINATION OF MEDICAL TREATMENT, OR TWO YEARS AFTER DATE OF TERMINATION OF ACTIVE SERVICE, WHICHEVER IS EARLIER. YOUR CLAIM, BASED ON TRAVEL PERFORMED MORE THAN A YEAR AFTER THE TERMINATION OF ACTIVE DUTY, WAS SUPPORTED BY A STATEMENT BY AN OFFICER OF THE MEDICAL CORPS, SIGNING AS ASSISTANT CHIEF OF THE MEDICAL CLINIC, DATED JANUARY 18, 1960, INDICATING THAT YOU WERE TREATED THREE TIMES MONTHLY SINCE OCTOBER 28, 1958, TO DESENSITIZE YOU TO HOUSE DUST IN AN EFFORT TO RELIEVE CERTAIN ASTHMATIC SYMPTOMS. SUCH CLAIM WAS DISALLOWED IN OUR SETTLEMENT OF AUGUST 12, 1960, FOR THE REASON THAT THE STATEMENT OF THE MEDICAL OFFICER DID NOT MEET THE REQUIREMENTS OF THE REGULATIONS TO SUBSTANTIATE YOUR CLAIM IN THAT IT DID NOT SHOW THAT YOU WERE ORDERED TO A HOSPITAL FOR TREATMENT AND DID NOT CONTAIN THE NAME OF THE HOSPITAL OR INSTALLATION OR SHOW THE DATE YOU WERE RELEASED FROM MEDICAL TREATMENT.

THE ABOVE-CITED PROVISIONS OF THE JOINT TRAVEL REGULATIONS CONTEMPLATE AN EXTENSION OF THE TIME DURING WHICH TRAVEL MAY BE PERFORMED UPON RETIREMENT IN CASES WHERE THE MEMBER IS ACTUALLY HOSPITALIZED ON THE DATE HIS ACTIVE SERVICE IS TERMINATED OR IS OTHERWISE NOT FREE TO PERFORM TRAVEL TO A SELECTED HOME BECAUSE HE IS UNDERGOING NECESSARY MEDICAL TREATMENT WHICH REQUIRES THAT HE REMAIN IN THE VICINITY OF THE MEDICAL FACILITY, THE EXTENSION RUNNING FOR A PERIOD NO LONGER THAN THAT SITUATION CONTINUES. THE CERTIFICATE OF TREATMENT ACCOMPANYING YOUR LETTER OF AUGUST 1, 1960, STATES THAT YOU RECEIVED OUTPATIENT TREATMENT AT MARTIN ARMY HOSPITAL ON THREE OCCASIONS, JANUARY 20 AND NOVEMBER 27, 1959, AND JANUARY 14, 1960, FOR VARYING AILMENTS, AND THAT YOU ALSO RECEIVED ALLERGY INJECTIONS FOR HOUSE DUST DESENSITIZATION APPROXIMATELY ONCE WEEKLY FROM OCTOBER 28, 1958, THROUGH JANUARY 24, 1960. THOSE INJECTIONS, IT WAS STATED,"WERE ON A VOLUNTARY BASIS AND NOT A PART OF TREATMENT REQUIRING HIM TO REMAIN IN THIS AREA.' SUCH RECORD NEGATIVES A CONCLUSION THAT THE TREATMENTS INVOLVED PREVENTED YOUR TRAVEL TO A SELECTED HOME UPON YOUR RETIREMENT. ACCORDINGLY, INASMUCH AS TRAVEL WAS NOT PERFORMED WITHIN ONE YEAR FROM THE DATE OF THE TERMINATION OF YOUR ACTIVE SERVICE, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IS ..END :