B-148752, JUL. 12, 1962

B-148752, JUL. 12, 1962

YOUR LETTER OF MARCH 17, 1962, CONCERNING (1) YOUR CLAIM FOR REIMBURSEMENT FOR DEPENDENTS' TRAVEL, WHICH WAS DISALLOWED BY SETTLEMENT DATED APRIL 15, 1958, (2) YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES IN THE SHIPMENT OF HOUSEHOLD EFFECTS, WHICH WAS DISAPPROVED BY THE DEPARTMENT OF THE ARMY, AND (3) YOUR INDEBTEDNESS IN THE AMOUNT OF $163.90 ON ACCOUNT OF EXCESS LEAVE AT DATE OF RELEASE FROM ACTIVE DUTY, NOVEMBER 26, 1957, AS FIRST LIEUTENANT, REGULAR ARMY, IN EFFECT REQUESTS RECONSIDERATION OF THE ACTION THAT HAS BEEN TAKEN WITH RESPECT TO THOSE ITEMS.

BY ORDERS DATED NOVEMBER 18, 1957, YOU WERE RELIEVED FROM DUTY ASSIGNMENT AT AUGSBURG, GERMANY, AND ASSIGNED TO FORT HAMILTON, NEW YORK, TO REPORT NOVEMBER 20, 1957, FOR SEPARATION FROM MILITARY SERVICE. BY PARAGRAPH 95, SPECIAL ORDERS 229, DEPARTMENT OF THE ARMY, NOVEMBER 22, 1957, YOUR RESIGNATION FROM THE REGULAR ARMY WAS ACCEPTED UPON EXECUTION OF THE OATH OF OFFICE AS AN OFFICER OF THE UNITED STATES ARMY RESERVE ON NOVEMBER 26, 1957, AND YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT FORT HAMILTON ON THAT DATE. THE PAY RECORDS SHOW THAT IN ADDITION TO THE REGULAR PAY AND ALLOWANCES PAID YOU AT TIME OF RELEASE, YOU WERE CREDITED WITH PAY AND ALLOWANCES FOR ONE DAY'S ACCRUED LEAVE AND TRAVEL ALLOWANCES TO YOUR HOME IN ATHENS, OHIO.

IT APPEARS THAT WHILE YOU WERE ON DUTY WITH THE FIRST AIRBORNE BATTLE GROUP, 187TH INFANTRY, U.S. ARMY AUGSBURG, GERMANY, YOU TRAVELED WITH YOUR DEPENDENTS JULY 6-7, 1957, TO THE UNITED STATES FOR THE PURPOSE OF ATTENDING THE FUNERAL OF YOUR WIFE'S MOTHER. YOU WERE GRANTED EMERGENCY LEAVE FOR THE OCCASION, AND ALTHOUGH YOU HAD PREVIOUSLY REQUESTED ADVANCE TRAVEL FOR YOUR DEPENDENTS, THE AUTHORIZATION WAS DELAYED AND YOUR DEPENDENTS TRAVELED BY COMMERCIAL AIR FROM AUGSBURG TO GYPSUM, OHIO, PRIOR TO THE RECEIPT OF ORDERS AUTHORIZING SUCH ADVANCE RETURN. LETTER ORDER 7- 36, HEADQUARTERS FIRST AIRBORNE BATTLE GROUP, 187TH INFANTRY, DATED AUGUST 1, 1957, PURPORTED TO AUTHORIZE THE ADVANCE RETURN OF YOUR DEPENDENTS, COMMENCING ON OR ABOUT JUNE 6, 1957, FROM AUGSBURG TO A DEBARKATION POINT IN THE UNITED STATES, BY COMMERCIAL TRANSPORTATION. IT APPEARS FURTHER THAT YOUR HOUSEHOLD EFFECTS WERE SHIPPED AT YOUR OWN EXPENSE AT THAT TIME, FROM THE NEW YORK PORT OF ENTRY TO YOUR HOME IN GYPSUM.

BY SETTLEMENT DATED APRIL 15, 1958, YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF DEPENDENTS FROM AUGSBURG TO GYPSUM WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THEIR TRANSOCEANIC TRAVEL AND WAS NOT UTILIZED, ALTHOUGH ITS USE WAS REQUIRED BY PARAGRAPH 7002-1B OF THE JOINT TRAVEL REGULATIONS IN THE CIRCUMSTANCES INVOLVED, AND THAT THE ORDERS AND REGULATIONS (PARAGRAPH 7009-3) AUTHORIZED ADVANCE TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE TO A DEBARKATION POINT IN THE UNITED STATES, WITH SUBSEQUENT TRAVEL AUTHORIZED ONLY UPON PERMANENT CHANGE OF STATION OF THE MEMBER. YOUR CLAIM FOR REIMBURSEMENT OF SHIPPING EXPENSES OF HOUSEHOLD GOODS FROM PORT OF DEBARKATION TO GYPSUM, OHIO, WAS ADMINISTRATIVELY DISAPPROVED ON JUNE 12, 1958, FOR THE REASON THAT ADVANCE SHIPMENT OF HOUSEHOLD EFFECTS FROM OVERSEAS ALSO WAS AUTHORIZED BY THE JOINT TRAVEL REGULATIONS ONLY TO A DEBARKATION POINT IN THE UNITED STATES.

IN A LETTER DATED FEBRUARY 27, 1962, FROM THE DEBT BRANCH OF OUR CLAIMS DIVISION, YOU WERE INFORMED THAT AS A RESULT OF AN AUDIT OF YOUR PAY RECORD BY MEMBERS OF OUR AUDIT DIVISION, IT WAS DETERMINED THAT YOU WERE INDEBTED TO THE UNITED STATES IN THE SUM OF $163.90 ON ACCOUNT OF EXCESS LEAVE. THIS EXCESS WAS CAUSED BY FAILURE TO RECORD 10 DAYS' LEAVE PREVIOUSLY TAKEN, NAMELY, APRIL 11 TO 13, 1955, AND JUNE 25 TO JULY 1, 1955. AS A RESULT THEREOF AND PURSUANT TO SECTION 4B OF THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, 37 U.S.C. 33 (E), YOU WERE ADVISED THAT YOU WERE NOT ENTITLED TO CREDIT FOR 1 DAY'S ACCRUED LEAVE, AND THAT YOUR LAST LEAVE PERIOD JULY 6 TO 30, 1957, WAS CONSIDERED TO HAVE INCLUDED 9 DAYS' ABSENCE IN EXCESS OF THE NUMBER OF DAYS AUTHORIZED BY THE SECRETARY OF THE ARMY UNDER THAT ACT SINCE IT WAS DURING THAT PERIOD THAT YOU WERE IN EXCESS OF YOUR LEAVE CREDITS BECAUSE OF THE FAILURE TO RECORD ALL OF THE LEAVE PROPERLY CHARGEABLE TO YOUR ACCOUNT.

UPON REVIEW, THE CONCLUSION REACHED IN THE SETTLEMENT OF APRIL 15, 1958, IS FOUND TO BE CORRECT AND IS SUSTAINED, AND IT APPEARS THAT THE INDICATED ACTION TAKEN WITH RESPECT TO YOUR EXCESS LEAVE AND THE SHIPMENT OF YOUR HOUSEHOLD GOODS WAS PROPER AND REQUIRED UNDER APPLICABLE LAW AND REGULATIONS, AS YOU WERE ADVISED IN THE LETTER OF FEBRUARY 27, 1962. HOWEVER, WE HAVE RECOGNIZED THAT IN CASES ARISING DURING THE PERIOD IN QUESTION, WHERE DEPENDENTS ARE AUTHORIZED, AS DISTINGUISHED FROM SPECIFICALLY DIRECTED, TO TRAVEL BY AVAILABLE MILITARY SEA TRANSPORTATION SERVICE FACILITIES BUT USE COMMERCIAL TRANSPORTATION FOR TRAVEL AT PERSONAL EXPENSE, THE MEMBER MAY BE REIMBURSED FOR THE COST OF SUCH TRAVEL ON THE BASIS OF THE STANDARD PRICES WHICH THE SPONSORING SERVICE WOULD HAVE BEEN REQUIRED TO PAY TO THE MILITARY SEA TRANSPORTATION SERVICE HAD THE TRAVEL BEEN BY GOVERNMENT TRANSPORTATION. SEE 40 COMP. GEN. 482; 41 ID. 100.

ACCORDINGLY, SINCE IT APPEARS THAT ORDERS HAD BEEN ISSUED FOR THE ADVANCE TRAVEL FOR YOUR DEPENDENTS BUT WERE RETURNED FOR CORRECTION, THE ORDERS DATED AUGUST 1, 1957, WILL BE CONSIDERED AS AUTHORITY FOR REIMBURSEMENT OF THE COST OF YOUR DEPENDENTS' TRAVEL TO NEW YORK, NEW YORK, PORT OF DEBARKATION, LIMITED TO THE COST TO THE DEPARTMENT OF THE ARMY, HAD THE TRAVEL BEEN PERFORMED BY GOVERNMENT SURFACE TRANSPORTATION. SUCH REIMBURSEMENT WILL BE USED TO REDUCE YOUR REPORTED INDEBTEDNESS TO THE UNITED STATES, AND YOU WILL BE ADVISED OF THE REVISED AMOUNT. IN THE EVENT THAT IT IS FOUND THAT THE AMOUNT TO WHICH YOU ARE ENTITLED ON THAT BASIS EXCEEDS THE AMOUNT OF YOUR INDEBTEDNESS, A SETTLEMENT WILL ISSUE FOR THE AMOUNT FOUND DUE IN THE NEAR FUTURE.