B-145240, MAR. 31, 1961

B-145240, MAR. 31, 1961

TO MR. ORVILLE E. CLEESEN:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 18, 1961, REQUESTING REVIEW OF THE SETTLEMENT DATED AUGUST 12, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENT (WIFE) FROM FORBES AIR FORCE BASE, KANSAS, TO WICHITA FALLS, TEXAS, DURING THE PERIOD NOVEMBER 17 TO 19, 1958, WHILE YOU WERE SERVING IN THE UNITED STATES AIR FORCE. YOU ALSO CLAIM DISLOCATION ALLOWANCE INCIDENT TO SUCH MOVE.

BY SPECIAL ORDERS NO. A-1100, HEADQUARTERS, 21ST AIR DIVISION (SAC), UNITED STATES AIR FORCE, FORBES AIR FORCE BASE, KANSAS, DATED SEPTEMBER 19, 1958, YOU WERE DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 19, 1958, FROM FORBES AIR FORCE BASE, KANSAS, TO THE UNITED STATES AIR FORCE HOSPITAL, SHEPPARD AIR FORCE BASE, TEXAS, ON TEMPORARY DUTY FOR APPROXIMATELY 90 DAYS FOR THE PURPOSE OF FURTHER HOSPITALIZATION AND TREATMENT. THEREAFTER, BY SPECIAL ORDERS NO. A-1359, ISSUED AT FORBES AIR FORCE BASE, KANSAS, DATED NOVEMBER 7, 1958, YOU WERE RELIEVED FROM ASSIGNMENT TO THE 320TH STRATEGIC RECONNAISSANCE SQUADRON, SAC, AT FORBES AIR FORCE BASE AND ASSIGNED TO THE PATIENT SQUADRON SECTION, UNITED STATES AIR FORCE HOSPITAL, SHEPPARD AIR FORCE BASE, TEXAS, THE CHANGE IN ASSIGNMENT BEING DESIGNATED AS A PERMANENT CHANGE OF STATION. THE ORDERS OF NOVEMBER 7, 1958, AS WELL AS THE PRIOR ORDERS OF SEPTEMBER 19, 1958, CITED AS THEIR AUTHORITY AFM 35-11.

THE RECORD SHOWS THAT SHORTLY AFTER THE ORDERS OF NOVEMBER 7, 1958, WERE ISSUED, BY DIRECTIVE DATED NOVEMBER 13, 1958, YOUR WIFE WAS NOTIFIED OF THE TERMINATION OF HER PUBLIC QUARTERS ON FORBES AIR FORCE BASE AND DIRECTED TO VACATE THOSE QUARTERS AS SOON AS POSSIBLE AND NO LATER THAN DECEMBER 7, 1958. THE DIRECTIVE STATED THAT "SUCH TERMINATION OF QUARTERS IS RENDERED NECESSARY DUE TO PERMANENT CHANGE OF STATION TO UNITED STATES AIR FORCE HOSPITAL, SHEPPARD AIR FORCE BASE, TEXAS, AS INDICATED IN PARAGRAPH 1 OF ATTACHED SPECIAL ORDERS NUMBER A-1359, 7 NOVEMBER 1958.' THE RECORD FURTHER SHOWS THAT YOUR WIFE DEPARTED FORBES AIR FORCE BASE ON OR ABOUT NOVEMBER 17, 1958, AND ARRIVED ON NOVEMBER 19, 1958, AT WICHITA FALLS, TEXAS, TO JOIN YOU AT THE SHEPPARD AIR FORCE BASE HOSPITAL. INCIDENT TO SUCH MOVE TO WICHITA FALLS, SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS MADE ON A GOVERNMENT BILL OF LADING ON THE BASIS OF A PERMANENT CHANGE OF STATION.

YOUR CLAIM FOR REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR WIFE FROM FORBES AIR FORCE BASE TO WICHITA FALLS WAS DISALLOWED BY OUR CLAIMS DIVISION ON THE BASIS THAT UNDER PARAGRAPH 7004-1 AND PARAGRAPH 7004-4, JOINT TRAVEL REGULATIONS, WHEN A MEMBER IS TRANSFERRED FROM EITHER A TEMPORARY OR PERMANENT DUTY STATION, TO A HOSPITAL, OR FROM A HOSPITAL WHERE LISTED AS A PATIENT TO ANOTHER HOSPITAL FOR FURTHER TREATMENT,TRANSPORTATION FOR HIS DEPENDENT IS AUTHORIZED, AS FOR A PERMANENT CHANGE OF STATION, FROM THE LAST PERMANENT DUTY STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED PROVIDED THERE HAS BEEN ISSUED A CERTIFICATE BY THE COMMANDING OFFICER OF THE HOSPITAL SETTING FORTH THE FINDING THAT THE PERIOD OF TREATMENT CAN BE EXPECTED TO BE PROLONGED. NO SUCH A CERTIFICATE WAS ISSUED PRIOR TO THE TRAVEL OF YOUR WIFE, THE ONLY CERTIFICATE OF PROLONGED HOSPITALIZATION SUBMITTED IN SUPPORT OF YOUR CLAIM BEING DATED JUNE 27, 1960, AND STATING THAT:

"MASTER SERGEANT ORVILLE E. CLEESEN, AF16054227, WAS A PATIENT IN THE USAF HOSPITAL SHEPPARD, SHEPPARD AIR FORCE BASE, TEXAS. HE WAS ADMITTED TO THIS HOSPITAL ON 19 SEPTEMBER 1958 AND WAS DISCHARGED ON 26 FEBRUARY 1959. HE WAS HOSPITALIZED FOR A PROLONGED PERIOD OF TIME.'

WHILE THE ABOVE CERTIFICATE, OF ITSELF, DOES NOT SATISFY THE REQUIREMENTS OF PARAGRAPH 7004-4, JOINT TRAVEL REGULATIONS, NOT BEING PROSPECTIVE IN NATURE, WE HAVE NOTED THAT AIR FORCE MANUAL 35-11, PART 1, CHAPTER 4, DATED JULY 18, 1958, DEALING WITH THE ASSIGNMENT OF AIR FORCE HOSPITAL PATIENTS, PROVIDES IN PARAGRAPH 4B THAT:

"/1) WHEN PATIENTS MUST BE REASSIGNED TO AN AIR FORCE HOSPITAL UNIT, THE HOSPITAL COMMANDER WILL REQUEST ORDERS REASSIGNING THE PATIENT TO THE DESIGNATED AIR FORCE HOSPITAL UNIT FROM THE COMMANDER OF THE UNIT TO WHICH THE PATIENT IS ASSIGNED. * * *

"ORDERS WILL BE ISSUED BY THE COMMANDER HAVING REASSIGNMENT JURISDICTION OVER THE PERSON WITHIN 5 DAYS SUBSEQUENT TO RECEIPT OF SUCH REQUEST. REQUEST WILL BE MADE AND ORDERS ISSUED REASSIGNING PATIENTS FOR ANY OF THE FOLLOWING REASONS:

"/A) WHEN, IN THE OPINION OF THE HOSPITAL COMMANDER, IT BECOMES EVIDENT THAT AIR FORCE MILITARY PERSONNEL, EITHER IN THE ZONE OF INTERIOR OR IN AN OVERSEA MAJOR AIR COMMAND:

"1. WILL BE HOSPITALIZED IN EXCESS OF 90 DAYS.

"2. MAY NOT BE RETURNED TO THEIR PREVIOUS ORGANIZATION.'

THE ORDERS OF NOVEMBER 7, 1958, DESIGNATING SHEPPARD AIR FORCE BASE AS YOUR PERMANENT STATION APPARENTLY WERE ISSUED IN ACCORDANCE WITH THE ABOVE PROVISIONS, AT THE REQUEST OF THE HOSPITAL COMMANDER AT SHEPPARD AIR FORCE BASE, AFTER HE CONCLUDED THAT YOU WOULD BE HOSPITALIZED IN EXCESS OF 90 DAYS. IN VIEW THEREOF AND SINCE THE OCCUPANCY OF QUARTERS BY YOUR WIFE AT FORBES AIR FORCE BASE APPARENTLY WAS TERMINATED ON THAT BASIS, IT IS CONCLUDED THAT THERE WAS A SUBSTANTIAL COMPLIANCE WITH PARAGRAPH 7004 OF THE JOINT TRAVEL REGULATIONS AND THAT THE TRANSPORTATION OF YOUR WIFE TO WICHITA FALLS, TEXAS, WAS AUTHORIZED AT GOVERNMENT EXPENSE INCIDENT TO YOUR HOSPITALIZATION. THEREFORE, SINCE YOUR WIFE ACTUALLY DID TRAVEL TO YOUR NEW STATION AT WICHITA FALLS AFTER THE TERMINATION OF HER PUBLIC QUARTERS AT FORBES AIR FORCE BASE, A SETTLEMENT FOR THE AMOUNT DUE YOU FOR SUCH TRAVEL WILL ISSUE IN DUE COURSE.

INSOFAR AS YOUR CLAIM FOR DISLOCATION ALLOWANCE FOR YOUR WIFE'S MOVE FROM FORBES AIR FORCE BASE, KANSAS, TO WICHITA FALLS, TEXAS, IS CONCERNED, YOU ARE ADVISED THAT UNDER THE PROVISIONS OF PARAGRAPH 9002, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME OF YOUR WIFE'S TRAVEL, A RIGHT TO A DISLOCATION ALLOWANCE CAN ACCRUE TO A MEMBER ONLY WHEN AN OTHERWISE PROPER MOVEMENT OF HS DEPENDENTS IS MADE IN CONNECTION WITH A PERMANENT CHANGE OF STATION. WHILE YOUR TRANSFER TO SHEPPARD AIR FORCE BASE HOSPITAL WAS DESIGNATED AS "PCS" (PERMANENT CHANGE OF STATION), THE PURPOSE OF SUCH ASSIGNMENT WAS FOR YOUR HOSPITALIZATION. IT MAY NOT BE REGARDED AS A PERMANENT CHANGE OF YOUR DUTY STATION ENTITLING YOU TO PAYMENT OF DISLOCATION ALLOWANCE UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS SINCE YOU WERE NOT ASSIGNED THERE FOR DUTY. SEE B-130298, APRIL 3, 1957, AND B-132713, SEPTEMBER 20, 1957. ACCORDINGLY, THERE IS NO BASIS FOR PAYMENT OF A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES OF YOUR CASE.