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PRECIS-UNAVAILABLE SECRETARY OF THE ARMY: REFERENCE IS MADE TO LETTER OF JULY 14. MEMBERS OF THE REGULAR SERVICES PRESENTLY ON THE TEMPORARY DISABILITY RETIRED LIST TO BE PAID TRAVEL AND TRANSPORTATION ALLOWANCES FROM THE PLACE AT WHICH THEY WERE PLACED ON THE TEMPORARY DISABILITY RETIRED LIST TO A SELECTED HOME. THAT IN THE EVENT THE MEMBER IS SUBSEQUENTLY RECALLED TO ACTIVE DUTY. HE WILL NOT AGAIN BE PERMITTED TO SELECT A HOME FOR THE PURPOSE OF RECEIVING PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES.". WHICH WERE IN EFFECT AT THE TIME THE LETTER OF JULY 14. WAS WRITTEN. APPEARS UNNECESSARY NOW TO DISCUSS SUCH QUESTIONS IN DETAIL IN VIEW OF THE CHANGES WHICH HAVE BEEN MADE IN THE LAW BY THE ACT OF AUGUST 11.

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B-124680, OCT 28, 1955

PRECIS-UNAVAILABLE

SECRETARY OF THE ARMY:

REFERENCE IS MADE TO LETTER OF JULY 14, 1955, FROM THE ASSISTANT SECRETARY OF THE ARMY, REQUESTING A DECISION AS TO WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO PERMIT:

"1. MEMBERS OF THE REGULAR SERVICES PRESENTLY ON THE TEMPORARY DISABILITY RETIRED LIST TO BE PAID TRAVEL AND TRANSPORTATION ALLOWANCES FROM THE PLACE AT WHICH THEY WERE PLACED ON THE TEMPORARY DISABILITY RETIRED LIST TO A SELECTED HOME, LESS ANY ALLOWANCES RECEIVED BY SUCH MEMBER IN CONNECTION WITH PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST; AND,

"2. MEMBERS OF THE REGULAR SERVICES HEREAFTER PLACED ON THE TEMPORARY DISABILITY RETIRED LIST TO BE PAID TRAVEL AND TRANSPORTATION ALLOWANCES IN THE SAME MANNER AS FOR A PERMANENT RETIREMENT, PROVIDED, THAT IN THE EVENT THE MEMBER IS SUBSEQUENTLY RECALLED TO ACTIVE DUTY, HE WILL NOT AGAIN BE PERMITTED TO SELECT A HOME FOR THE PURPOSE OF RECEIVING PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES."

THE QUESTIONS RELATE TO THE AUTHORITY CONTAINED IN THE PROVISIONS OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, WHICH WERE IN EFFECT AT THE TIME THE LETTER OF JULY 14, 1955, WAS WRITTEN. APPEARS UNNECESSARY NOW TO DISCUSS SUCH QUESTIONS IN DETAIL IN VIEW OF THE CHANGES WHICH HAVE BEEN MADE IN THE LAW BY THE ACT OF AUGUST 11, 1955 (PUBLIC LAW 368), 69 STAT. 691. IT MAY BE STATED, HOWEVER, THAT THE PROVISIONS OF SECTION 303 IN EFFECT PRIOR TO AUGUST 11, 1955, WERE NOT REGARDED AS AUTHORIZING TRAVEL ALLOWANCES TO A HOME SELECTED BY A MEMBER UPON HIS PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST OR THE TRANSPORTATION OF HIS DEPENDENTS AND HOUSEHOLD GOODS AT GOVERNMENT EXPENSE TO A HOME SO SELECTED.

THE ACT OF AUGUST 11, 1955, AMENDED SECTION 303 TO AUTHORIZE THE PROMULGATION OF REGULATIONS RETROACTIVE TO APRIL 1, 1951, PERMITTING, AMONG OTHER THINGS, THE SELECTION OF A HOME BY A MEMBER OF THE UNIFORMED SERVICES UPON HIS PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, AND THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES, INCLUDING TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS, TO THAT PLACE. IT IS PROVIDED FURTHER THAT NO ADDITIONAL AMOUNT MAY BE PAID TO MEMBERS OF THE UNIFORMED SERVICES AS A RESULT OF THE ENACTMENT OF THAT ACT, UNLESS TRAVEL TO THE SELECTED PLACE BE PERFORMED ON OR BEFORE APRIL 28, 1953, OR WITHIN ONE YEAR AFTER PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, WHICHEVER IS LATER.

REGULATIONS ISSUED, OR TO BE ISSUED, UNDER AUTHORITY CONTAINED IN SECTION 303, AS AMENDED, NO DOUBT WILL SERVE TO REMOVE, IN MOST CASES, THE HARDSHIP IMPOSED UPON THE MEMBERS TO WHOM THE ASSISTANT SECRETARY REFERS IN HIS LETTER.

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