B-155741, FEB. 11, 1965

B-155741, FEB. 11, 1965

TO LIEUTENANT COLONEL GEORGE D. DOBLER, USAR, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 24, 1964, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED NOVEMBER 17, 1964, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR YOUR TRAVEL AND TRANSPORTATION OF DEPENDENTS (WIFE AND TWO CHILDREN) INCIDENT TO YOUR REASSIGNMENT FROM THE UNIVERSITY OF ILLINOIS, CHAMPAIGN, ILLINOIS, TO REDSTONE ARSENAL, ALABAMA.

SPECIAL ORDERS 29 DATED FEBRUARY 11, 1958, WHICH RELIEVED YOU FROM ASSIGNMENT AT THE UNIVERSITY OF ILLINOIS, CHAMPAIGN, ILLINOIS, AND ASSIGNED YOU TO THE ABERDEEN PROVING GROUND, MARYLAND (EDCSA JUNE 15, 1958), AUTHORIZED 15 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE. YOU SAY THAT YOU WERE NOTIFIED BY TELEPHONE AT HOUSTON, TEXAS, ON JUNE 11, 1958, THAT THOSE ORDERS WERE AMENDED AND YOU WERE REASSIGNED TO REDSTONE ARSENAL, ALABAMA. YOU BELIEVE THAT YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED NOVEMBER 17, 1964, DUE TO IMPROPER PRESENTATION, AND SAY THAT THE CLAIM WAS INTENDED TO BE FOR MILEAGE ALLOWANCES FROM URBANA (CHAMPAIGN), ILLINOIS, TO HOUSTON, TEXAS, AND THEN TO REDSTONE ARSENAL, ALABAMA, LESS THE AMOUNT YOU WERE PREVIOUSLY PAID.

THE TRAVEL OF MEMBERS AND THEIR DEPENDENTS INCIDENT TO A MEMBER'S PERMANENT CHANGE OF STATION IS AUTHORIZED UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. 37 U.S.C. 404 AND 406. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4156 (CASE 9) OF SUCH REGULATIONS PROVIDED, DURING THE PERIOD INVOLVED, THAT WHEN A MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS WHO, BEFORE JOINING THE NEW STATION, AVAILED HIMSELF OF A LEAVE OF ABSENCE WAS NOT DEPRIVED OF THE ALLOWANCES TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE NOT AVAILED HIMSELF OF THE LEAVE. THE LEAVE OF ABSENCE MERELY SUSPENDED THE EXECUTION OF THE ORDER FOR CHANGE OF STATION AND, AT THE EXPIRATION OF THE LEAVE, HE CAME UNDER OPERATION OF THE ORDER. THAT PARAGRAPH ALSO PROVIDED THAT IF THE NEW STATION WAS AGAIN CHANGED BEFORE EXPIRATION OF THE LEAVE, THE MEMBER WAS, UPON JOINING THE LAST NAMED STATION, ENTITLED TO ALLOWANCES FROM THE STATION HE LEFT TO GO ON LEAVE TO THE LAST-NAMED STATION.

SECTION 1 OF THE ACT OF DECEMBER 23, 1963, PUB.L. 88-238, 77 STAT. 475, PROVIDES:

"* * * CHAPTER 7 OF TITLE 37, U.S.C. IS AMENDED AS FOLLOWS:

"/1) THE FOLLOWING NEW SECTION IS INSERTED AFTER SECTION 406:

" "S 406A. TRAVEL AND TRANSPORTATION ALLOWANCES: AUTHORIZED FOR TRAVEL PERFORMED UNDER ORDERS THAT ARE CANCELED, REVOKED, OR MODIFIED

" "UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THIS TITLE, AND TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS UNDER SECTIONS 406 AND 409 OF THIS TITLE, IF OTHERWISE QUALIFIED, FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER---

" "/1) CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED; OR

" "/2) MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION.'"

SECTION 2 OF THE ACT PROVIDES:

"THIS ACT BECOMES EFFECTIVE ON OCTOBER 1, 1949. ANY MEMBER OR FORMER MEMBER OF THE UNIFORMED SERVICES WHO, AFTER SEPTEMBER 30, 1949, BUT BEFORE THE DATE OF ENACTMENT OF THIS ACT, HAS NOT BEEN PAID, OR HAS REPAID THE UNITED STATES, AN AMOUNT TO WHICH HE OTHERWISE WOULD HAVE BEEN ENTITLED HAD SECTION 1 OF THIS ACT BEEN IN EFFECT DURING THAT PERIOD IS ENTITLED TO BE PAID OR REPAID THAT AMOUNT, IF THE PAYMENT OR REPAYMENT IS OTHERWISE PROPER AND HE APPLIES FOR THE PAYMENT OR REPAYMENT WITHIN ONE YEAR AFTER THE DATE OF ENACTMENT OF THIS ACT.'

IMPLEMENTING THE ACT OF DECEMBER 23, 1963, PARAGRAPH 3003-LB (3) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT FOR PERMANENT CHANGE-OF STATION TRAVEL PERFORMED BY A MEMBER OR HIS DEPENDENTS ON OR AFTER OCTOBER 1, 1949, UNDER ORDERS EFFECTIVE SUBSEQUENT TO SUCH DATE, A MEMBER OF THE UNIFORMED SERVICES WHO WOULD HAVE BEEN ENTITLED TO TRAVEL OR TRANSPORTATION ALLOWANCES UNDER THE REGULATIONS APPLICABLE AT THE TIME THE TRAVEL OR TRANSPORTATION WAS PERFORMED HAD SUBPARAGRAPH (2) THEN BEEN IN EFFECT, WILL BE ENTITLED TO PAYMENT OF SUCH ALLOWANCES, IF OTHERWISE PROPER, AND CLAIM THEREFOR IS SUBMITTED WITHIN 1 YEAR AFTER DECEMBER 23, 1963. SUBPARAGRAPH (2) PROVIDES THAT FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO ALLOWANCES FOR TRAVEL AND TRANSPORTATION UNDER PERMANENT CHANGE-OF-STATION ORDERS WHICH ARE MODIFIED, CANCELED, OR REVOKED PRIOR TO THEIR EFFECTIVE DATE, THE ORDERS WILL BE CONSIDERED AS EFFECTIVE WHEN RECEIVED FOR ANY TRAVEL PERFORMED THEREUNDER BY THE MEMBER OR HIS DEPENDENTS EVEN THOUGH LEAVE, DELAY, PROCEED TIME, OR TEMPORARY DUTY EN ROUTE ARE INVOLVED.

THUS, A MEMBER QUALIFYING UNDER THE ACT OF DECEMBER 23, 1963, IS ENTITLED TO REIMBURSEMENT FOR HIS TRAVEL AND THE TRANSPORTATION ALLOWANCE FOR HIS DEPENDENTS' TRAVEL WHERE SUCH TRAVEL WAS PERFORMED BEFORE THE EFFECTIVE DATE OF THE ORDERS DIRECTING HIM TO MAKE A CHANGE OF STATION WHICH ARE LATER CANCELED, REVOKED OR MODIFIED TO DIRECT HIM TO RETURN TO HIS STATION FROM WHICH HE WAS BEING TRANSFERRED, OR THE ORDERS ARE MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION. TO GIVE EFFECT TO THE APPARENT PURPOSE OF THE ACT IT WILL BE CONSIDERED, IN CIRCUMSTANCES SUCH AS WERE INVOLVED IN YOUR CASE, THAT WHEN THE ORDERS ARE MODIFIED TO NAME A NEW STATION, ALLOWANCES ARE AUTHORIZED FOR THE DISTANCE FROM THE OLD STATION TO THE POINT WHERE NOTIFICATION OF THE CHANGE WAS RECEIVED, AND THENCE TO THE LAST-NAMED STATION, NOT TO EXCEED THE DISTANCE FROM THE OLD STATION TO THE LAST NAMED STATION, VIA THE FIRST-NAMED STATION. IN YOUR CASE, IT APPEARS THAT YOU AND YOUR DEPENDENTS PERFORMED TRAVEL FROM CHAMPAIGN, ILLINOIS, TO HOUSTON, TEXAS, PRIOR TO THE EFFECTIVE DATE OF YOUR ORDERS ASSIGNING YOU TO THE ABERDEEN PROVING GROUND, MARYLAND, AND THAT UPON NOTIFICATION THAT THOSE ORDERS WERE AMENDED TO SHOW YOUR NEW STATION AS REDSTONE ARSENAL, ALABAMA, YOU RETURNED TO CHAMPAIGN. THEREAFTER, YOU AND YOUR DEPENDENTS EVENTUALLY ARRIVED AT REDSTONE ARSENAL, ALABAMA, AFTER TRIPS TO ABERDEEN, MARYLAND, TO SELL YOUR HOUSE. WHILE IT APPEARS THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR THE TRAVEL PERFORMED PRIOR TO THE EFFECTIVE DATE OF YOUR ORDERS DATED FEBRUARY 11, 1958, WHICH WERE MODIFIED TO DIRECT YOU TO MAKE A DIFFERENT CHANGE OF STATION, YOUR ENTITLEMENT IS NECESSARILY LIMITED TO THE DISTANCE FROM CHAMPAIGN, ILLINOIS, TO HOUSTON, TEXAS, AND THENCE TO REDSTONE ARSENAL, ALABAMA, NOT TO EXCEED THE DISTANCE FROM CHAMPAIGN, ILLINOIS, TO REDSTONE ARSENAL, ALABAMA, VIA ABERDEEN PROVING GROUND, MARYLAND, LESS THE NET AMOUNT YOU HAVE BEEN PAID FOR SUCH TRAVEL AND TRANSPORTATION.