B-130048, JAN. 28, 1957

B-130048, JAN. 28, 1957

TO COLONEL S. W. FRENCH, III, MC, 023603:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 2, 1956, CONCERNING THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED OCTOBER 25, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF AN EXAMINATION FEE IN THE AMOUNT OF $100 PAID BY YOU TO THE AMERICAN BOARD OF SURGERY IN 1951, TOGETHER WITH TRAVEL EXPENSES FROM SAN ANTONIO, TEXAS, TO BALTIMORE, MARYLAND, AND RETURN, INCIDENT TO AN EXAMINATION GIVEN BY THE AMERICAN BOARD OF SURGERY ON DECEMBER 11, 1951. ALSO, ON DECEMBER 12, 1956, THERE WAS FORWARDED TO US FROM THE SETTLEMENTS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, THE ORIGINAL OF YOUR LETTER OF AUGUST 2, 1956, TOGETHER WITH RELATED PAPERS MAKING CLAIM FOR REIMBURSEMENT OF THE FEE AND THE TRAVEL IN QUESTION.

BY PARAGRAPH 10 OF SPECIAL ORDERS NO. 254, DATED DECEMBER 21, 1951, YOU WERE RELIEVED FROM ASSIGNMENT TO CAMP PICKETT, VIRGINIA (WHILE EN ROUTE TO THAT STATION AND ON LEAVE AT SAN ANTONIO, TEXAS), AND ASSIGNED TO WALTER REED ARMY MEDICAL CENTER, WASHINGTON, D.C. IN YOUR LETTER OF NOVEMBER 2, 1956, YOU STATE THAT YOU WERE ORDERED FROM YOUR OVERSEAS STATION TO CAMP PICKETT, VIRGINIA, AND THAT AFTER ARRIVAL IN THE UNITED STATES ON NOVEMBER 20, 1951, YOU RECEIVED A DELAYED LETTER FROM THE AMERICAN BOARD OF SURGERY INFORMING YOU TO TAKE AN EXAMINATION IN BALTIMORE, MARYLAND, ON DECEMBER 11, 1951. FOLLOWING THAT EXAMINATION YOUR ORDERS WERE CHANGED ASSIGNING YOU TO WALTER REED ARMY MEDICAL CENTER PURSUANT TO ORDERS DATED DECEMBER 21, 1951. YOU FURTHER STATE THAT "THE TIME INVOLVED IN TAKING THESE EXAMINATIONS AND THE TRAVEL WAS DONE ON MY OWN PERSONAL LEAVE AND THERE WAS NO AUTHORIZATION FOR REIMBURSEMENT OF THE EXAMINATION FEE OR AUTHORIZATION TO TRAVEL AT GOVERNMENT EXPENSE BECAUSE I HAD NO HEADQUARTERS TO WHICH I COULD TURN TO REQUEST SUCH AUTHORIZATION.' YOU CONCLUDE: "I REALIZE THAT MY CLAIM FOR THE TRANSPORTATION INVOLVED IS NOT WELL-DOCUMENTED, BUT CERTAINLY THE CLAIM FOR REIMBURSEMENT FOR THE FEE IS.'

PARAGRAPH 3002-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO AUTHORITY CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDES THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT TO SUCH TRAVEL. YOU ADMIT THAT NO COMPETENT ORDERS WERE ISSUED AUTHORIZING OR DIRECTING YOU TO REPORT TO BALTIMORE, MARYLAND, FOR THE PURPOSE OF TAKING THE EXAMINATION IN QUESTION OR AUTHORIZING REIMBURSEMENT FOR THE EXAMINATION FEE. REQUESTING REIMBURSEMENT FOR SUCH EXPENSES, HOWEVER, YOU SAY THAT YOU "ONLY RECENTLY BECAME AWARE THAT THESE WERE REIMBURSABLE ACTIVITIES.' APPARENTLY YOUR CLAIM IS BASED ON ARMY REGULATION NO. 40-219, DATED FEBRUARY 23, 1956, WHICH SETS FORTH PROCEDURES FOR THE TAKING OF PROFESSIONAL SPECIALTY BOARD AND COMPARABLE EXAMINATIONS BY OFFICERS OF THE ARMY MEDICAL SERVICE, UPON APPROVAL OF THE SURGEON GENERAL, AND PROVIDES FOR REIMBURSEMENT OF TRAVEL EXPENSES AND FEES CONNECTED WITH THE TAKING OF SUCH EXAMINATIONS. SUCH REGULATION IS NOT RETROACTIVELY EFFECTIVE AND CONSTITUTES NO AUTHORITY FOR REIMBURSEMENT OF THE EXPENSES INVOLVED IN YOUR CLAIM. NO SIMILAR REGULATION IN EFFECT DURING SUCH PERIOD HAS BEEN LOCATED OR CALLED TO OUR ATTENTION. HENCE, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT TO YOU OF THE COST OF THE TRAVEL INVOLVED AND FOR REIMBURSEMENT OF THE EXAMINATION FEE PAID BY YOU.