B-149242, SEP. 25, 1962

B-149242, SEP. 25, 1962

TO LIEUTENANT COLONEL JOSEPH F. SCHULTZ:

THERE HAS BEEN RECEIVED HERE FROM THE COLLECTIONS DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, YOUR LETTER OF JUNE 11, 1962, WITH ENCLOSURES, REQUESTING A DECISION ON CERTAIN NOTICES OF EXCEPTION TAKEN TO PAYMENTS MADE TO YOU FOR MILEAGE, DEPENDENT TRAVEL ALLOWANCE AND DISLOCATION ALLOWANCE, FOR YOUR TRAVEL AND DEPENDENTS' TRAVEL FROM FORT EUSTIS, VIRGINIA, TO PITTSBURGH, PENNSYLVANIA, AND RETURN TO THAT STATION DURING MARCH AND APRIL 1958 INCIDENT TO ORDERS ASSIGNING YOU TO AN OVERSEAS STATION.

UNDER THE PROCEDURE OF THIS OFFICE, A DECISION MAY NOT BE RENDERED ON A REQUEST OF A PAYEE FOR RECONSIDERATION OF EXCEPTIONS OR DISALLOWANCES MADE IN THE SETTLEMENT OF A DISBURSING OFFICER'S ACCOUNT. 19 COMP. GEN. 306 AND 26 ID. 783. SINCE, HOWEVER, THE FULL AMOUNT OF THE EXCEPTIONS HAS BEEN COLLECTED FROM YOU, YOUR LETTER OF JUNE 11, 1962, WILL BE CONSIDERED AS A CLAIM FOR REFUND OF SUCH AMOUNT AND DISPOSED OFON THAT BASIS.

BY PARAGRAPH 72 OF SPECIAL ORDERS NO. 242 ISSUED BY HEADQUARTERS, DEPARTMENT OF THE ARMY, ON DECEMBER 12, 1957, YOU WERE RELEASED FROM ASSIGNMENT AT FORT EUSTIS, VIRGINIA, AND ASSIGNED TO A MILITARY ASSISTANCE ADVISORY GROUP AT SAIGON, VIETNAM. ORDERS DIRECTED YOU TO BE AVAILABLE FOR MOVEMENT TO PORT OF EMBARKATION ON OR ABOUT APRIL 1, 1958, AND, WHEN NOTIFIED THAT TRANSPORTATION WAS AVAILABLE, TO PROCEED TO PORT DESIGNATED IN PORT CALL TO BE ISSUED BY THE UNITED STATES ARMY TRANSPORTATION TERMINAL CENTER, FORT MASON, CALIFORNIA. ORDERS PROVIDED FOR TEMPORARY DUTY EN ROUTE FOR APPROXIMATELY ONE DAY AT FORT MASON FOR THE PURPOSE OF ORIENTATION AND FOR ARRIVAL AT OVERSEAS DESIGNATION NOT LATER THAN APRIL 9, 1958. THE ORDERS AUTHORIZED 30 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE AND PROVIDED THAT WHEN THE PORT CALL WAS SUBSEQUENT TO THE AVAILABILITY DATE THE PORT CALL WOULD CONSTITUTE AN AMENDMENT TO DEPARTMENT OF THE ARMY ORDERS TO AUTHORIZE ADDITIONAL LEAVE IN ORDER TO COMPLY WITH THE REPORTING DATE INDICATED IN THE PORT CALL. THE ORDERS STATED THAT CONCURRENT TRAVEL OF DEPENDENTS TO VIETNAM WAS NOT AUTHORIZED. BY DA MESSAGE 328526 OF APRIL 9, 1958, FROM THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, SO MUCH OF THE UNEXECUTED PORTION OF PARAGRAPH 72 OF YOUR ORDERS OF DECEMBER 12, 1957, WAS REVOKED AND YOU WERE REASSIGNED TO FORT EUSTIS, VIRGINIA. THE MESSAGE STATED THAT YOU WERE THEN AT BETHEL PARK, PENNSYLVANIA.

THE RECORD SHOWS THAT YOU AND YOUR DEPENDENTS DEPARTED FORT EUSTIS, ON MARCH 3 AND ARRIVED AT PITTSBURGH (BETHEL PARK) PENNSYLVANIA, ON MARCH 4, 1958. YOU WERE HOSPITALIZED FROM MARCH 19 TO 31, 1958, AT CARLISLE BARRICKS, PENNSYLVANIA, AND AT VALLEY FORGE ARMY HOSPITAL, PHOENIXVILLE, PENNSYLVANIA, APPARENTLY RETURNING TO YOUR LEAVE ADDRESS AT BETHEL PARK AFTER MARCH 31, 1958. PURSUANT TO DA MESSAGE OF APRIL 9, 1958, YOU AND YOUR DEPENDENTS DEPARTED PITTSBURGH ON APRIL 9 AND RETURNED TO FORT EUSTIS ON APRIL 10, 1958. ACCOMPANYING THE ENCLOSURES IS A COPY OF THE FINDINGS AND RECOMMENDATIONS OF THE VALLEY FORGE ARMY HOSPITAL DATED APRIL 1, 1958, STATING IN SUBSTANCE, THAT YOU WERE QUALIFIED FOR IMMEDIATE RETURN TO LIMITED DUTY FOR SIX MONTHS BUT THAT YOU SHOULD BE ASSIGNED TO AN AREA WHERE ADEQUATE MEDICAL FACILITIES ARE AVAILABLE.

NOTICE OF EXCEPTION FOR $28.14 WAS ISSUED AGAINST VOUCHER 32950, APRIL 1958 ACCOUNT OF E. J. SKEATH, FOR DEPENDENT'S TRAVEL FROM FORT EUSTIS TO PITTSBURGH; EXCEPTION OF $42.21 WAS ISSUED AGAINST VOUCHER 32949, SAME ACCOUNT, FOR DEPENDENT'S TRAVEL FROM PITTSBURGH TO FORT EUSTIS; AND EXCEPTION OF $175.98 WAS ISSUED AGAINST CREDITS ON YOUR MILITARY PAY RECORD FOR YOUR TRAVEL FROM FORT EUSTIS TO PITTSBURGH AND RETURN ($56.28), AND FOR DISLOCATION ALLOWANCE ($119.70). THE TOTAL AMOUNT OF THESE EXCEPTIONS ($246.33) WAS COLLECTED FROM YOU. THE NOTICES OF EXCEPTION WERE BASED ON THE LONG-ESTABLISHED RULE HEREINAFTER DISCUSSED.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A). PARAGRAPH 3003- 1B OF THESE REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO A NEW STATION IS AUTHORIZED IN THE ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. THIS IS IN ACCORD WITH THE LONG-ESTABLISHED RULE THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE-OF-STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER IS REQUIRED TO DEPART FROM HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (UNLESS OTHERWISE SPECIFIED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED IN THE ORDERS. WHEN A MEMBER IS AUTHORIZED TO DELAY IN THE PERFORMANCE OF THE REQUIRED TRAVEL FOR PERSONAL REASONS, IT HAS BEEN CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF THE LEAVE OR DELAY AND IF THE ORDERS ARE MODIFIED OR CANCELLED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED PRIOR TO THE EXPIRATION OF THE LEAVE PERIOD IS REGARDED AS INCIDENT TO THE LEAVE OR DELAY AND THE EXPENSE THEREOF MUST BE BORNE BY THE TRAVELER CONCERNED. 31 COMP. GEN. 156; 33 ID. 289; 36 ID. 257.

UNDER ORDERS OF DECEMBER 12, 1957, YOU WERE REQUIRED TO BE AVAILABLE FOR MOVEMENT TO A PORT OF EMBARKATION ON OR ABOUT APRIL 1, 1958, IN ACCORDANCE WITH A PORT CALL TO BE ISSUED. IF THE PORT CALL WAS SUBSEQUENT TO THAT DATE YOUR LEAVE WAS THEREBY EXTENDED SO AS TO COMPLY WITH THE CALL. THERE IS NO EVIDENCE THAT A PORT CALL WAS EVER ISSUED FOR YOU PURSUANT TO THOSE ORDERS. WHEN YOU WERE HOSPITALIZED ON MARCH 19, 1958, YOUR LEAVE STATUS WAS GOVERNED BY THE PROVISIONS OF PARAGRAPH 16, ARMY REGULATIONS 630-5 DATED NOVEMBER 5, 1957, IN EFFECT DURING THE PERIOD HERE INVOLVED. PARAGRAPH 16 OF THE REGULATIONS PROVIDED THAT THE STATUS OF PERSONNEL WHO ARE HOSPITALIZED WHILE ON LEAVE WILL CHANGE FROM "LEAVE" TO "SICK IN HOSPITAL" AS OF THE DATE OF ADMISSION TO THE HOSPITAL. THE PARAGRAPH FURTHER PROVIDED THAT THE COMMAND WHICH GRANTED THE LEAVE WILL BE NOTIFIED PROMPTLY OF THE ADMISSION TO THE HOSPITAL AND UNLESS OTHERWISE DIRECTED BY THE COMMAND WHICH GRANTED THE ORIGINAL LEAVE, PERSONNEL WILL REVERT TO LEAVE STATUS FOR THE UNEXPIRED PORTION OF LEAVE UPON COMPLETION OF HOSPITALIZATION. PRESUMABLY ON MARCH 19, 1958, OR SHORTLY THEREAFTER, THE HOSPITAL NOTIFIED YOUR COMMAND OF YOUR ADMISSION TO THE HOSPITAL. SINCE UNDER THE REGULATIONS, AND IN THE ABSENCE OF A DIRECTIVE FROM YOUR COMMAND, YOU REVERTED TO A LEAVE STATUS ON APRIL 1, 1958, AND SINCE YOU APPARENTLY CONTINUED IN A LEAVE STATUS UNTIL APRIL 9, 1958-- REMAINING AT YOUR LEAVE ADDRESS IN BETHEL PARK, PENNSYLVANIA--- WHEN YOUR ORDERS OF DECEMBER 12, 1957, WERE REVOKED BY DA MESSAGE OF APRIL 9, 1958, SO THAT YOU WERE NOT ACTUALLY REQUIRED TO PROCEED UNDER THE ORIGINAL ORDERS WHICH NEVER BECAME EFFECTIVE, THE TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS MUST BE REGARDED ON THE PRESENT RECORD AS INCIDENT TO LEAVE AND NOT IN CONNECTION WITH A PERMANENT CHANGE OF STATION.

IN YOUR LETTER OF JUNE 11, 1962, YOU REFER TO PARAGRAPH 7008-3 OF THE JOINT TRAVEL REGULATIONS AND YOU SAY THAT THIS REGULATION DOES NOT STIPULATE THAT THE MOVE OF DEPENDENTS IS CONTINGENT ON THE PORT CALL OF THE SPONSOR. YOU FURTHER STATE THAT IT WOULD BE IMPOSSIBLE TO WITHHOLD THE MOVE OF A FAMILY UNTIL A PORT CALL IS RECEIVED. IN THIS RESPECT, PARAGRAPH 7008-3 OF THE JOINT TRAVEL REGULATIONS (CHANGE 42, JANUARY 1, 1956), IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDED THAT WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION OUTSIDE THE UNITED STATES AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE PLACE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF THE CHANGE OF STATION ORDERS, NOT TO EXCEED THE COST FROM THE MEMBER'S OLD STATION TO A DESIGNATED PLACE. THUS, THE REGULATION CONTEMPLATES ONLY PERMANENT CHANGE OF STATION ORDERS WHICH BECOME EFFECTIVE AND THE WORDS "FROM THE PLACE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF THE CHANGE OF STATION ORDERS" LIMIT THE DISTANCE FOR WHICH DEPENDENT TRAVEL IS AUTHORIZED. THE REGULATIONS MAKE NO EXCEPTION TO THE LONG-ESTABLISHED RULE IN DETERMINING THE EFFECTIVE DATE OF ORDERS IN CASES WHERE, AS IN YOUR CASE, THE MEMBER IS ASSIGNED TO AN OVERSEAS AREA AND DEPENDENT TRAVEL IS NOT AUTHORIZED.

ACCORDINGLY, ON THE PRESENT RECORD, REFUND OF THE AMOUNTS COLLECTED FROM YOU FOR MILEAGE, DEPENDENT TRAVEL ALLOWANCE AND DISLOCATION ALLOWANCE, INCIDENT TO THE ABOVE NOTICES OF EXCEPTION, IS NOT AUTHORIZED.