B-148588, MAY 21, 1962

B-148588, MAY 21, 1962

TO FRANK T. CRISH, MSGT., USAR, RETIRED:

YOUR LETTER OF MARCH 26, 1962, REQUESTS RECONSIDERATION OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED MARCH 2, 1962, WHICH DISALLOWED YOUR CLAIM FOR TRANSPORTATION ALLOWANCE FOR YOUR DEPENDENTS' TRAVEL FROM FORT KNOX, KENTUCKY, TO PARMA, OHIO, AUGUST 28 TO 30, 1960, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY ON DECEMBER 31, 1960, AND PLACEMENT ON THE RETIRED LIST, USAR, EFFECTIVE JANUARY 1, 1961.

THE RECORD SHOWS THAT BY LETTER ORDER 793, HEADQUARTERS, USA ARMOR CENTER, FORT KNOX, KENTUCKY, DATED AUGUST 26, 1960, YOUR ASSIGNMENT TO GOVERNMENT QUARTERS WAS TERMINATED AUGUST 27, 1960. BY SPECIAL ORDERS NO. 275, HEADQUARTERS, DEPARTMENT OF THE ARMY, DATED DECEMBER 2, 1960, YOU WERE RELIEVED FROM ACTIVE DUTY AT FORT KNOX EFFECTIVE DECEMBER 31, 1960, PLACED ON THE RETIRED LIST AND TRANSFERRED TO THE USAR (RETIRED RESERVE) EFFECTIVE JANUARY 1, 1961. IN YOUR CERTIFICATE FOR TRAVEL TO HOME OF SELECTION YOU SHOW YOUR DEPENDENTS TRAVELED TO PARMA, OHIO, YOUR HOME OF SELECTION, AUGUST 28 TO 30, 1960, WHEREAS YOU TRAVELED TO YOUR HOME DECEMBER 31, 1960, TO JANUARY 3, 1961.

YOUR CLAIM FOR TRANSPORTATION ALLOWANCE FOR YOUR DEPENDENTS' TRAVEL WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT OF MARCH 2, 1962, IN VIEW OF THE PROVISIONS OF PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS. THAT REGULATION PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED ON PERMANENT CHANGE OF STATION (INCLUDING FROM LAST STATION TO HOME) WHEN DEPENDENTS DEPART THE OLD PERMANENT STATION PRIOR TO ISSUANCE OF ORDERS UNLESS THE VOUCHER IS SUPPORTED BY A CERTIFICATE BY THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF ORDERS THAT SUCH ORDERS WOULD BE ISSUED. SINCE YOUR DEPENDENTS DEPARTED FORT KNOX, KENTUCKY, LONG PRIOR TO YOUR RETIREMENT ORDERS DATED DECEMBER 2, 1960, AND THE CLAIM WAS NOT SUPPORTED BY THE REQUIRED CERTIFICATE, YOU WERE ADVISED THAT THERE WAS NO AUTHORITY FOR ALLOWING YOUR CLAIM.

IN YOUR LETTER YOU STATED THAT IN AUGUST 1960, PRIOR TO YOUR IMPENDING RETIREMENT, YOU REQUESTED THE TERMINATION OF YOUR ASSIGNMENT OF GOVERNMENT QUARTERS SO AS TO HAVE YOUR CHILDREN START SCHOOL AT THE BEGINNING OF THE SCHOOL YEAR AT THE HOME OF RETIREMENT. YOU SAY THAT PERMISSION FOR SUCH TERMINATION WAS GRANTED WITH THE UNDERSTANDING THAT YOU WOULD REQUEST RETIREMENT IN SEPTEMBER 1960. YOU ALSO SAY THAT YOU WERE NOT ADVISED THAT YOUR DEPENDENTS WOULD NOT BE ALLOWED TO TRAVEL AT GOVERNMENT EXPENSE PRIOR TO RETIREMENT ORDERS AND YOU HAD NO KNOWLEDGE OF THE PERTINENT TRAVEL REGULATIONS. YOU MENTIONED FURTHER IN YOUR LETTER THAT YOUR WIFE RETURNED TO FORT KNOX ON DECEMBER 26, 1960, AND SINCE SHE TRAVELED WITH YOU WHEN YOU LEFT YOUR LAST DUTY STATION, YOU REQUEST WHETHER THERE IS ANY ENTITLEMENT FOR HER TRAVEL.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 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 OF DEPENDENTS OR TO REIMBURSEMENT IN LIEU THEREOF. AS YOU WERE ADVISED IN THE CLAIMS DIVISION SETTLEMENT, THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT ACT SPECIFICALLY PROVIDE THAT TRANSPORTATION OF DEPENDENTS INCIDENT TO A PERMANENT CHANGE OF STATION, INCLUDING THE CHANGE FROM LAST DUTY STATION TO HOME, IS NOT AUTHORIZED WHEN THE DEPENDENTS DEPART FROM THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE DEPENDENTS' TRAVEL THAT SUCH ORDERS WOULD BE ISSUED. MERE GENERAL INFORMATION AS TO THE TIME OF EVENTUAL RELEASE FROM ACTIVE DUTY ON THE BASIS OF AN APPLICATION FOR RETIREMENT IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATIONS. 34 COMP. GEN. 241.

IN YOUR CASE IT SEEMS APPARENT THAT THE PRIMARY REASON FOR YOUR DEPENDENTS' TRAVEL PRIOR TO YOUR SEPARATION WAS FOR PERSONAL REASONS AND WAS NOT BECAUSE OF NOTICE THAT YOU WERE TO BE RELEASED FROM ACTIVE DUTY. NO CERTIFICATE WAS ISSUED BY THE ORDER-ISSUING AUTHORITY THAT YOU WERE ADVISED PRIOR TO THEIR TRAVEL THAT SUCH ORDERS WOULD BE ISSUED, AND IT WOULD SEEM THAT SUCH A CERTIFICATE COULD NOT HAVE BEEN PROPERLY ISSUED IN YOUR CASE SINCE YOU INDICATE THAT AT THE TIME YOUR DEPENDENTS PERFORMED THE TRAVEL YOU HAD NOT EVEN SUBMITTED AN APPLICATION FOR RETIREMENT. THEREFORE YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL PERFORMED PRIOR TO THE ISSUANCE OF YOUR RETIREMENT ORDERS. NEITHER YOUR LACK OF KNOWLEDGE OF GOVERNING REGULATIONS NOR THE FAILURE OF THE OFFICERS OR AGENTS OF THE GOVERNMENT TO ADVISE YOU IN THE MATTER AFFORDS ANY BASIS FOR ALLOWANCE OF YOUR CLAIM. FURTHERMORE, SINCE YOUR DEPENDENTS ESTABLISHED THEIR HOME AT PARMA, YOUR HOME OF SELECTION, PRIOR TO YOUR ORDERS, NO FURTHER TRAVEL BY THEM WAS NECESSARY INCIDENT TO YOUR RETIREMENT AND THE FACT THAT YOUR WIFE RETURNED TO YOUR STATION AT FORT KNOX FOR A FEW DAYS' VISIT PRIOR TO YOUR RELEASE FROM ACTIVE DUTY AND RETURNED WITH YOU AT THE TIME YOU PERFORMED YOUR TRAVEL TO YOUR HOME OF SELECTION, PROVIDES NO BASIS FOR THE REIMBURSEMENT OF HER TRAVEL EXPENSES FOR SUCH TRAVEL. ACCORDINGLY, THE SETTLEMENT OF MARCH 2, 1962, WAS CORRECT AND IS SUSTAINED.

CONCERNING YOUR REQUEST FOR INFORMATION AS TO HOW TO PROCEED FURTHER IN THIS MATTER, YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS BY LAW MADE FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT. THEREFORE, THERE IS NO FURTHER ACTION THAT MAY BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM. HOWEVER, YOU ARE ADVISED THAT THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE UNITED STATES IF FILED THERE WITHIN SIX YEARS AFTER THE CLAIMS FIRST ACCRUED. 28 U.S.C. 2501.