B-145818, JUL. 17, 1961

B-145818, JUL. 17, 1961

TO SERGEANT THOMAS R. KORANDA:

REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 1 AND JUNE 29, 1961, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 23, 1961, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM CHARLESTON AIR FORCE BASE, SOUTH CAROLINA, TO METUCHEN, NEW JERSEY, AND FROM THE LATTER PLACE TO FORT HUACHUCA, ARIZONA.

BY PARAGRAPH 16, SPECIAL ORDERS NO. 136, DATED JULY 11, 1960, YOU WERE RELEASED FROM ASSIGNMENT AT FORT CLAYTON, CANAL ZONE, AND ASSIGNED TO FORT HAMILTON, NEW YORK, FOR DISCHARGE UNDER THE PROVISIONS OF ARMY REGULATIONS 635-200. THE ORDERS PROVIDED FOR TRAVEL BY MILITARY AIRCRAFT FROM THE CANAL ZONE TO CHARLESTON, SOUTH CAROLINA, AND FOR CONCURRENT TRAVEL OF DEPENDENTS BETWEEN THE SAME POINTS. YOUR HOME OF RECORD WAS SHOWN TO BE AT METUCHEN, NEW JERSEY. PARAGRAPH 56, SPECIAL ORDERS NO. 189, DATED AUGUST 16, 1960, SHOWS THAT YOU WERE DISCHARGED AT FORT HAMILTON ON AUGUST 15, 1960, AND THAT YOU REENLISTED THE NEXT DAY AT THE SAME PLACE AND WERE ASSIGNED TO FORT HUACHUCA, ARIZONA, FOR DUTY. THE LATTER ORDERS ALSO GRANTED 30 DAYS' REENLISTMENT LEAVE AND GAVE YOUR LEAVE ADDRESS AS METUCHEN, NEW JERSEY. YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION FROM THE CANAL ZONE TO CHARLESTON, SOUTH CAROLINA. THEY TRAVELED AT PERSONAL EXPENSE FROM CHARLESTON TO METUCHEN DURING THE PERIOD FROM AUGUST 9 TO 12, 1960, AND FROM THERE TO FORT HUACHUCA, ARIZONA, BETWEEN SEPTEMBER 13 AND 23, 1960. THE DEPARTMENT OF THE ARMY PROPOSED REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS ON THE BASIS OF TRAVEL DIRECTLY FROM CHARLESTON TO FORT HUACHUCA. WHEN THE SETTLEMENT OF JANUARY 23, 1961, WAS ISSUED IT WAS BELIEVED THAT PAYMENT ON THAT BASIS HAD BEEN MADE. HOWEVER, THE RECORD NOW CONTAINS STATEMENTS BY YOU AND BY THE FINANCE AND ACCOUNTING OFFICER AT FORT HUACHUCA THAT THE PAYMENT WAS REFUSED BY YOU FOR THE REASON THAT REIMBURSEMENT WAS BEING CLAIMED FOR TRAVEL FROM PORT OF DEBARKATION (CHARLESTON) TO HOME OF RECORD (METUCHEN) INCIDENT TO THE DISCHARGE, AND FROM THE LATTER PLACE TO FIRST STATION (HUACHUCA) INCIDENT TO REENLISTMENT AND ASSIGNMENT TO DUTY.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR THEIR DEPENDENTS, OR REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION. PARAGRAPH 3003-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THE PROVISIONS OF THAT SECTION, PROVIDES THAT A PERMANENT CHANGE OF STATION INCLUDES THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION UPON ENLISTMENT AND FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON DISCHARGE. UNDER THAT AUTHORITY TRANSPORTATION OF DEPENDENTS FROM HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO HOME IS AUTHORIZED ON THE SAME BASIS AS IN THE CASE OF A CHANGE OF PERMANENT DUTY STATION, AND THEREFORE SUCH TRANSPORTATION IS SUBJECT TO THE SAME LIMITATIONS AND REIMBURSEMENT IS NOT AUTHORIZED FOR TRAVEL FROM HOME TO FIRST DUTY STATION OR LAST DUTY STATION TO HOME UNLESS A CHANGE OF DUTY STATION TO OR FROM THOSE POINTS ACTUALLY IS INVOLVED. CONSEQUENTLY, IN SITUATIONS WHERE A MEMBER IS DISCHARGED AND REENLISTS UNDER CONDITIONS WHICH PERMIT HIS SERVICE TO BE REGARDED AS CONTINUOUS, HIS RIGHT TO TRANSPORTATION OF DEPENDENTS HAS BEEN HELD TO CONTINUE ON THE SAME BASIS AS THOUGH HE HAD NOT BEEN DISCHARGED, AND THE ONLY TRAVEL OF DEPENDENTS AUTHORIZED AT GOVERNMENT EXPENSE IN SUCH CIRCUMSTANCES IS THAT FROM THE OLD TO THE NEW STATION TO WHICH HE IS REQUIRED TO REPORT AFTER HIS REENLISTMENT. SEE 38 COMP. GEN. 478.

SINCE YOU WERE DISCHARGED ON AUGUST 16, 1960, AND WERE REENLISTED THE FOLLOWING DAY, IT IS CONSIDERED THAT YOUR SERVICE WAS OF THE CONTINUOUS NATURE DISCUSSED AND THAT YOUR DEPENDENTS WERE ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE ONLY FROM FORT CLAYTON TO FORT HUACHUCA, THE NEW STATION TO WHICH YOU WERE TO REPORT FOLLOWING YOUR REENLISTMENT. ACCORDINGLY, SINCE TRANSPORTATION IN KIND WAS FURNISHED TO YOUR DEPENDENTS FROM FORT CLAYTON TO CHARLESTON, REIMBURSEMENT MUST BE LIMITED ON YOUR CLAIM TO THE AMOUNT DUE FOR THE TRAVEL FROM CHARLESTON TO FORT HUACHUCA.

A SETTLEMENT FOR THE AMOUNT DUE ON THE BASIS INDICATED ABOVE WILL ISSUE IN DUE COURSE.