B-156562, JUL. 6, 1965

B-156562, JUL. 6, 1965

TO MAJOR BILLY C. BUCHANAN, AUS, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 4, 1965, REQUESTING RECONSIDERATION OF SETTLEMENT DATED FEBRUARY 25, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL (WIFE AND 2 DAUGHTERS) FROM CHICAGO, ILLINOIS, TO DENISON, TEXAS, DURING THE PERIOD AUGUST 3 TO 4, 1964, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY ON DECEMBER 31, 1964, AND PLACEMENT ON THE RETIRED LIST, USAR, EFFECTIVE JANUARY 1, 1965.

YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION IN SETTLEMENT DATED FEBRUARY 25, 1965, IN VIEW OF THE PROVISIONS OF PARAGRAPH 7000-8 OF THE JOINT TRAVEL REGULATIONS.

IN YOUR PRESENT LETTER YOU SAY THAT PARAGRAPH 7000-8 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS PRIOR TO ISSUANCE OF ORDERS MAY BE PAID IF SUPPORTED BY A CERTIFICATE OF APPROVAL BY THE COMMANDER AND THAT YOU FURNISHED SUCH CERTIFICATE WITH YOUR CLAIM. ALSO, YOU ENCLOSED A LETTER DATED DECEMBER 15, 1964, FROM THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., TO THE COMMANDING OFFICER OF THE ORGANIZATION TO WHICH YOU WERE ATTACHED IN WHICH IT IS STATED THAT ORDERS HAD BEEN ISSUED, EXTRACT COPIES OF WHICH WERE ENCLOSED WITH THAT LETTER, ANNOUNCING YOUR RETIREMENT. THESE ORDERS WERE ALSO DATED DECEMBER 15, 1964, AND WERE ISSUED BY HEADQUARTERS DEPARTMENT OF THE ARMY. YOU SAY THIS SHOWS THAT YOUR COMMANDING OFFICER HAD AUTHORITY TO ISSUE THE CERTIFICATE OF APPROVAL WITH RESPECT TO YOUR DEPENDENTS' TRAVEL PRIOR TO ORDERS.

THE PROVISIONS OF 37 U.S.C. 404 AND 406 AUTHORIZE TRAVEL AND TRANSPORTATION ALLOWANCES, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, FOR MEMBERS OF THE UNIFORMED SERVICES, THEIR DEPENDENTS AND THEIR HOUSEHOLD EFFECTS, UPON CHANGE OF PERMANENT STATION (INCLUDING LAST DUTY STATION TO HOME OF SELECTION UPON RETIREMENT), PERFORMED UNDER ORDERS.

PARAGRAPH 7000-8 OF THE REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION EXCEPT WHERE THE DEPENDENTS DEPARTED FROM THE OLD PERMANENT STATION PRIOR TO ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS, THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. THIS REGULATION CONTEMPLATES THAT TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED UNTIL THE MEMBER HAS DEFINITE KNOWLEDGE OF AN IMPENDING PERMANENT CHANGE OF STATION. THEREFORE, IT HAS BEEN THE RULE THAT THE REGULATION IS APPLICABLE ONLY WHERE THE DEPARTURE OF THE DEPENDENTS IS DURING THE COMPARATIVELY SHORT PERIOD OF TIME WHICH MAY ELAPSE BETWEEN THE TIME OF AN ADMINISTRATIVE DETERMINATION TO ORDER A MEMBER TO MAKE A CHANGE OF STATION AND THE DATE ON WHICH ORDERS DIRECTING SUCH CHANGE ACTUALLY ARE ISSUED. MERE GENERAL INFORMATION OF AN IMPENDING CHANGE IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATION. COMP. GEN. 241.

THE CERTIFICATE DATED DECEMBER 3, 1964, FROM THE COMMANDING OFFICER 113 INTELLIGENCE CORPS GROUP, CHICAGO, ILLINOIS, WHICH YOU SUBMITTED IN SUPPORT OF YOUR CLAIM IS AS FOLLOWS:

"I HEREBY CERTIFY THAT MAJOR BILLY C. BUCHANAN, A MEMBER OF THIS ORGANIZATION SUBMITTED A REQUEST FOR VOLUNTARY RETIREMENT ON 3 SEPTEMBER 1964. PRIOR TO THIS TIME HE TOOK HIS PHYSICAL EXAMINATION FOR ATTACHMENT TO THE REQUEST FOR RETIREMENT ON 1 JULY 1964. IT WAS RECOMMENDED ON 1 JULY 1964 THAT MAJOR BUCHANAN NOT ENTER GREAT LAKES NAVAL HOSPITAL FOR FURTHER ORTHOPEDIC EVALUATION UNTIL A DATE CLOSER TO HIS REQUESTED RETIREMENT OF 30 NOVEMBER 1964. HE SUBSEQUENTLY ENTERED THE GREAT LAKES NAVAL HOSPITAL ON 8 SEPTEMBER 1964 AND REMAINED THERE FOR 31 DAYS, THEN WAS ASSIGNED TO THE US ARMY ELEMENT, GREAT LAKES NAVAL HOSPITAL ON 9 OCTOBER 1964, AWAITING FURTHER EVALUATION BY THE 5TH US ARMY PHYSICAL EVALUATION BOARD AND FURTHER RETIREMENT ORDERS FROM DEPARTMENT OF THE ARMY. ON 3 AUGUST 1964, MAJOR BUCHANAN ACCOMPANIED HIS FAMILY TO THEIR RETIREMENT HOME IN DENISON, TEXAS, AND RELOCATED THEM PRIMARILY TO PUT HIS CHILDREN IN SCHOOL AND NOT INCUR THIS RELOCATION AFTER THE START OF THE SCHOOL TERM. HE RETURNED TO HIS DUTY STATION ON 12 AUGUST TO AWAIT FINAL RETIREMENT ORDERS. THIS CERTIFICATE IS PREPARED PURSUANT TO THE REQUIREMENTS OF JOINT TRAVEL REGULATIONS, PAR 7000.8.'

ASIDE FROM THE FACT THAT THE ABOVE CERTIFICATE WAS NOT ISSUED BY THE COMMANDING OFFICER OR HIS DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS WHICH ISSUED YOUR RETIREMENT ORDERS AS REQUIRED BY THE REGULATIONS, A READING OF THE CERTIFICATE WILL SHOW THAT IT IS MERELY A STATEMENT THAT ON AUGUST 3, 1964, YOU MOVED YOUR FAMILY TO DENISON; THAT SUBSEQUENTLY ON SEPTEMBER 3, 1964, YOU SUBMITTED A REQUEST FOR VOLUNTARY RETIREMENT AND IS A RECITATION OF GENERAL INFORMATION CONCERNING THAT EVENT WHICH WAS TO TAKE PLACE SOME TIME IN THE FUTURE. THE CERTIFICATE CONTAINS NO STATEMENT THAT AT THE TIME YOU MOVED YOUR DEPENDENTS YOU HAD DEFINITE KNOWLEDGE THAT YOUR RETIREMENT WAS APPROVED AND THAT PERMANENT CHANGE OF STATION ORDERS WOULD ISSUE SHORTLY. THIS INFORMATION COULD NOT HAVE BEEN INCLUDED IN THE CERTIFICATE FOR THE REASON THAT YOUR COMMANDING OFFICER APPARENTLY WAS NOT ADVISED THAT ORDERS ANNOUNCING YOUR RETIREMENT WOULD BE ISSUED UNTIL HE RECEIVED THE LETTER OF DECEMBER 15, 1964, WHICH YOU ENCLOSED WITH YOUR LETTER.

SINCE THE RECORD BEFORE US SHOWS THAT YOUR DEPENDENTS LEFT CHICAGO ON AUGUST 3, 1964, FOR DENISON BEFORE YOU REQUESTED VOLUNTARY RETIREMENT ON SEPTEMBER 3, 1964, AND LONG BEFORE THE DEPARTMENT OF THE ARMY MADE ANY DETERMINATION APPROVING YOUR RETIRMENT FROM THE SERVICE, THE CERTIFICATE FURNISHED BY YOU MAY NOT BE ACCEPTED AS ESTABLISHING THAT YOU HAD DEFINITE KNOWLEDGE OF AN IMPENDING CHANGE OF STATION PRIOR TO THEIR TRAVEL AS REQUIRED BY THE REGULATIONS. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 25, 1965, WAS CORRECT AND IS SUSTAINED.