B-135292, APR. 17, 1958

B-135292, APR. 17, 1958

TO MR. DAVID P. WEHRLE:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 3, 1958, REQUESTING REVIEW OF YOUR INDEBTEDNESS TO THE GOVERNMENT IN THE SUM OF $271.80. THE INDEBTEDNESS REPRESENTS THE EXCESS MILEAGE PAYMENTS YOU RECEIVED FOR YOUR WIFE'S TRAVEL DURING APRIL 1952 FROM ST. LOUIS, MISSOURI, TO PITTSBURG, CALIFORNIA, AND FROM OAKLAND, CALIFORNIA, TO ALTOONA, PENNSYLVANIA, DURING JULY 1953. THE FACTS OF THIS CASE WERE STATED IN OUR LETTER TO YOU DATED JANUARY 28, 1958, AND NEED NOT BE REPEATED HERE.

IN YOUR LETTER YOU REFER TO THE ORDERS OF MAY 29, 1953, ASSIGNING YOU TO PARKS AIR FORCE BASE FOR SEPARATION FROM THE SERVICE AND ORDERS OF JULY 16, 1953, WHICH DIRECTED YOU TO PROCEED TO YOUR HOME OF RECORD, ALTOONA, PENNSYLVANIA. YOU SAY THAT EACH SET OF ORDERS DIRECTED PERMANENT CHANGE OF STATION AND THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF YOUR WIFE'S TRAVEL FROM INDIANAPOLIS, INDIANA, TO PARKS AIR FORCE BASE AND FROM THERE TO YOUR HOME OF RECORD,ALTOONA, PENNSYLVANIA, ON THE BASIS OF THESE TWO PERMANENT CHANGES OF STATION.

YOUR ORDERS OF MAY 29, 1953, WERE ISSUED IN ACCORDANCE WITH AIR FORCE REGULATION 36-17 DATED SEPTEMBER 26, 1950. THIS REGULATION SETS OUT THE PROCEDURES FOR PROCESSING OFFICERS FOR SEPARATION FROM THE SERVICE. PARAGRAPH 4 PROVIDES AS FOLLOWS:

"4. PLACE OF SEPARATION:

B. OFFICERS RETURNED FROM OVERSEAS FOR SEPARATION:

"/1) OFFICERS WHO ARE RETURNED FROM OVERSEAS COMMANDS FOR

SEPARATION FROM THE SERVICE WILL BE SEPARATED AT

THE AERIAL PORT OF DEBARKATION OR THE AFORG AT THE

WATER PORT OF DEBARKATION.

"/2) OFFICERS WHO ARE ACCOMPANIED BY DEPENDENTS WILL BE

ACCORDED PRIORITY IN SEPARATION PROCESSING.'

IN VIEW OF SUCH PROVISIONS IT CLEARLY APPEARS THAT OFFICERS WHO, UNDER THAT AUTHORITY, WERE RETURNED FROM OVERSEAS COMMANDS FOR SEPARATION WERE ASSIGNED TO A PROCESSING CENTER TEMPORARILY ONLY FOR THE PURPOSE OF ACCOMPLISHING THE NECESSARY PROCEDURES INCIDENT TO THEIR SEPARATION. YOUR ORDERS OF MAY 29, 1953, PLAINLY STATED THAT YOU WERE ASSIGNED TO "DET 2 2349TH PERS PROC CP PARKS AFB CALIF FOR SEP FR MIL AV.' THEREFORE, IT MUST HAVE BEEN CLEAR TO YOU THAT YOU WERE NOT ASSIGNED TO PARKS AIR FORCE BASE FOR PERMANENT DUTY, BUT ONLY FOR PROCESSING FOR RELEASE FROM ACTIVE DUTY EVEN THOUGH YOUR ORDERS BORE THE NOTATION "PCS.' IN THAT CONNECTION, THE QUESTION OF WHETHER AN ASSIGNMENT TO A STATION IS FOR PERMANENT OR TEMPORARY DUTY IS ONE OF FACT TO BE DETERMINED NOT ONLY FROM THE ORDERS BUT, WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT--- PARTICULARLY AS TO THE DURATION AND NATURE OF THE DUTY ENJOINED. 33 COMP. GEN. 98. ORDERS DATED JUNE 22, 1951, YOU WERE ORDERED TO ACTIVE DUTY EFFECTIVE JULY 27, 1951, FOR A PERIOD OF 24 MONTHS AND SINCE YOU WERE ASSIGNED TO PARKS AIR FORCE BASE FOR PROCESSING FOR RELEASE FROM ACTIVE DUTY IT, NO DOUBT, WAS CLEAR TO YOU THAT YOU WOULD BE RELEASED FROM THAT STATION SO AS TO ARRIVE HOME DURING JULY. BY ORDERS DATED JULY 16, 1953, YOU WERE DIRECTED TO DEPART THAT STATION ON JULY 21 SO AS TO ARRIVE HOME NOT LATER THAN JULY 29, 1953, THE DATE OF YOUR RELEASE FROM ACTIVE DUTY.

IN THE FOREGOING CIRCUMSTANCES YOUR ASSIGNMENT TO PARKS AIR FORCE BASE MAY NOT BE CONSIDERED TO HAVE BEEN OTHER THAN A TEMPORARY ASSIGNMENT AND IT IS APPARENT THAT YOU WIFE DID NOT TRAVEL THERE FOR THE PURPOSE OF ESTABLISHING A RESIDENCE, BUT RATHER, TO MEET YOU UPON YOUR ARRIVAL FROM OVERSEAS AND TO ACCOMPANY YOU TO YOUR HOME AT ALTOONA, PENNSYLVANIA. PARKS AIR FORCE BASE AND FROM THERE TO YOUR HOME UNDER SUCH CIRCUMSTANCES. CF. 33 COMP. GEN. 307. SINCE YOUR RELEASE FROM ACTIVE DUTY WAS EFFECTED BY YOUR ORDERS OF MAY 29, 1953, TOGETHER WITH YOUR ORDERS OF JULY 16, 1953, YOUR RIGHT TO TRAVEL ALLOWANCE FOR YOUR DEPENDENT WAS LIMITED BY THOSE ORDERS TO TRANSPORTATION AT GOVERNMENT EXPENSE FROM HER DESIGNATED PLACE OF RESIDENCE TO YOUR HOME OF RECORD. (PARAGRAPH 7008 -4, JOINT TRAVEL REGULATIONS). ON THAT BASIS YOU WERE ALLOWED THE SUM OF $29.10 AS MILEAGE FOR HER TRAVEL COMPUTED ON THE DISTANCE FROM INDIANAPOLIS TO ALTOONA AND THE PRESENT RECORD AFFORDS NO BASIS FOR ALLOWING ANY ADDITIONAL AMOUNT.

ACCORDINGLY, YOU ARE AGAIN REQUESTED TO MAKE PROMPT PAYMENT OF YOUR DEBT IN THE SUM OF $271.80 BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE.' THE PAYMENT SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, P.O. BOX 2610, WASHINGTON 13, D.C. ..END :