B-146002, JUL. 10, 1961

B-146002, JUL. 10, 1961

TO MAJOR THEODORE E. ROHR, AUS, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF MAY 13, 1961, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 18, 1961, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE AND REIMBURSEMENT ON A MONETARY ALLOWANCE BASIS FOR TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS FROM FORT LEE, VIRGINIA, TO MUNICH, GERMANY, DURING THE PERIOD MAY 20 TO JUNE 3, 1960, INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES.

BY ORDERS DATED APRIL 14, 1960, YOU WERE GRANTED 96 DAYS' LEAVE EFFECTIVE MAY 23, 1960, TO VISIT GERMANY AND SWITZERLAND. THE ORDERS PROVIDED THAT THE TRAVEL INVOLVED WAS TO BE AT NO EXPENSE TO THE GOVERNMENT BUT YOU WERE GRANTED PERMISSION TO TRAVEL BY MILITARY AIR TRANSPORT SERVICE ON A "SPACE -AVAILABLE" BASIS ONLY. BY ORDERS DATED JULY 23, 1960, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT FORT LEE EFFECTIVE AUGUST 31, 1960, AND PLACED ON THE RETIRED LIST SEPTEMBER 1, 1960. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU AND YOUR DEPENDENTS WERE AT THE PLACE SELECTED TO BE YOUR HOME UPON RETIREMENT WHEN YOUR RETIREMENT ORDERS WERE ISSUED. YOU STATE THAT OUR SETTLEMENT OMITTED THE FOLLOWING IMPORTANT POINTS WHICH YOU BELIEVE ARE OF PARAMOUNT IMPORTANCE REGARDING THE DECISION MADE: THAT THE ADJUTANT GENERAL ADVISED YOU THAT YOU WOULD BE RETIRED AUGUST 31, 1960; THAT AFTER RECEIPT OF THIS ADVICE YOU REQUESTED AND RECEIVED PERMISSION TO TRAVEL TO EUROPE PRIOR TO RECEIPT OF YOUR ORDERS; THAT YOUR LEAVE ORDERS WERE PURELY AN ADMINISTRATIVE DOCUMENT COVERING YOUR ABSENCE FROM YOUR DUTY STATION AT FORT LEE; AND THAT YOU WERE AUTHORIZED GOVERNMENT TRAVEL TO EUROPE BY THE CHIEF OF TRANSPORTATION.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES UPON RETIREMENT SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS FROM LAST DUTY STATION TO HOME. ALSO, IT IS PROVIDED THAT THE RESPECTIVE SECRETARIES CONCERNED MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED. UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY REIMBURSEMENT FOR TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES ON RETIREMENT IS AUTHORIZED ONLY FOR TRAVEL PERFORMED PURSUANT TO RETIREMENT ORDERS. CONSISTENT WITH THE ESTABLISHED RULE THAT MILEAGE OR OTHER TRAVEL ALLOWANCE DOES NOT ACCRUE INCIDENT TO TRAVEL PERFORMED BY A MEMBER IN ANTICIPATION OF ORDERS SUBSEQUENTLY ISSUED, IT UNIFORMLY HAS BEEN HELD THAT THE PAYMENT OF MILEAGE IS NOT AUTHORIZED UPON RETIREMENT WHERE A MEMBER OF THE ARMED FORCES IS AT THE PLACE SELECTED BY HIM AS HIS HOME WHEN RETIRED, NO TRAVEL BEING REQUIRED TO COMPLY WITH THE RETIREMENT ORDERS UNDER SUCH CIRCUMSTANCES. 33 COMP. GEN. 373, 36 ID. 632. SINCE YOU TRAVELED TO MUNICH PRIOR TO RECEIPT OF YOUR RETIREMENT ORDERS FOR YOUR OWN CONVENIENCE DURING A PERIOD OF LEAVE AUTHORIZED BY EARLIER ORDERS, THERE IS NO PROPER BASIS TO ALLOW YOU A TRAVEL ALLOWANCE INCIDENT TO YOUR RETIREMENT FROM ACTIVE DUTY.

WITH REGARD TO THE REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS, PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPART FROM THE OLD STATION PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS, UNLESS THE VOUCHER IS SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. WHILE SUCH A CERTIFICATE HAS NOT BEEN FURNISHED IN SUPPORT OF YOUR CLAIM, WE HAVE OBTAINED A COPY OF THE LETTER OF NOVEMBER 10, 1959, FROM THE ADJUTANT GENERAL INFORMING YOU THAT IN ACCORDANCE WITH THE ARMY'S MAXIMUM SERVICE POLICY ANNOUNCED IN SECTION V, AR 135-173, YOU WOULD BE RELEASED FROM ACTIVE DUTY SEPTEMBER 30, 1960; THAT YOU WOULD BE ELIGIBLE BY AUGUST 31, 1960, FOR RETIREMENT AND THAT YOU COULD APPLY FOR RETIREMENT TO BE EFFECTIVE NOT LATER THAN SEPTEMBER 30, 1960. THAT LETTER TOGETHER WITH THE OTHER EVIDENCE OF RECORD WILL BE ACCEPTED AS ESTABLISHING THAT, PRIOR TO THE TRAVEL OF YOUR DEPENDENTS, YOU RECEIVED NOTICE THAT ORDERS WOULD BE ISSUED RELEASING OR RETIRING YOU FROM THE SERVICE NOT LATER THAN SEPTEMBER 30, 1960. ACCORDINGLY, OUR CLAIMS DIVISION IS BEING INSTRUCTED TO ISSUE A SETTLEMENT FOR REIMBURSEMENT ON A MONETARY ALLOWANCE BASIS FOR THE LAND TRAVEL PERFORMED BY YOUR DEPENDENTS FROM FORT LEE TO MUNICH, NOTICE OF WHICH YOU SHOULD RECEIVE IN THE NEAR FUTURE.