B-136681, MAY 27, 1959, 38 COMP. GEN. 790

B-136681, MAY 27, 1959, 38 COMP. GEN. 790

MILITARY PERSONNEL - GRADUATES OF UNITED STATES MILITARY ACADEMY - DEPENDENTS' TRANSPORTATION TRAVEL PERFORMED BY A DEPENDENT INCIDENT TO ORDERS RECEIVED BY A GRADUATE OF THE UNITED STATES MILITARY ACADEMY UPON RECEIPT OF COMMISSION AS AN OFFICER, WHICH ORDERS ASSIGN THE MEMBER TO AN INITIAL PERMANENT DUTY STATION, WITH TEMPORARY DUTY EN ROUTE, AND WHICH ENTITLE THE MEMBER TO A TRAVEL ALLOWANCE FOR HIS OWN TRAVEL ON THE BASIS OF THE DISTANCE ACTUALLY TRAVELED NOT TO EXCEED THAT FROM HOME OR FROM WEST POINT TO THE NEW STATION BY WAY OF ANY TEMPORARY DUTY STATION, WOULD ENTITLE THE MEMBER TO REIMBURSEMENT FOR DEPENDENT TRAVEL NOT TO EXCEED THE FARTHER POINT, HOME OR WEST POINT, TO THE NEW STATION, IRRESPECTIVE OF WHETHER THE OFFICER'S TRAVEL IS DIRECTED FROM WEST POINT OR FROM HOME. A GRADUATE OF THE UNITED STATES MILITARY ACADEMY WHO, UPON RECEIPT OF A COMMISSION AS AN OFFICER, IS ASSIGNED TO A NEW PERMANENT DUTY STATION, WITH TEMPORARY DUTY EN ROUTE, AND WHO ACQUIRES A DEPENDENT BEFORE THE DATE HE IS REQUIRED TO COMMENCE TRAVEL TO REPORT TO THE TEMPORARY DUTY STATION, IS ENTITLED TO REIMBURSEMENT FOR TRAVEL OF THE DEPENDENT TO THE NEW STATION NOT TO EXCEED TRAVEL FROM FARTHEST POINT UNDER THE OFFICER'S ORDERS TO THE NEW STATION; HOWEVER, IF THE DEPENDENT IS ACQUIRED AFTER THE DATE OF REQUIRED TRAVEL TO THE TEMPORARY STATION, REIMBURSEMENT MAY NOT EXCEED ENTITLEMENT FROM THE TEMPORARY TO THE PERMANENT STATION IRRESPECTIVE OF THE PLACE WHERE THE DEPENDENT IS ACQUIRED. A GRADUATE OF THE UNITED STATES MILITARY ACADEMY WHO, AFTER RECEIPT OF A COMMISSION AND ORDERS TO A NEW PERMANENT DUTY STATION WITH TEMPORARY DUTY EN ROUTE, ACQUIRES A DEPENDENT FOLLOWING ARRIVAL AT, BUT ON OR BEFORE THE DATE HE IS REQUIRED TO DEPART FROM THE TEMPORARY DUTY POINT, IS ENTITLED TO REIMBURSEMENT FOR TRAVEL PERFORMED BY THE DEPENDENT TO THE PERMANENT DUTY STATION, NOT TO EXCEED ENTITLEMENT FROM THE TEMPORARY TO THE PERMANENT DUTY STATION, IRRESPECTIVE OF THE PLACE WHERE THE DEPENDENT IS ACQUIRED.

TO THE SECRETARY OF THE ARMY, MAY 27, 1959:

REFERENCE IS MADE TO LETTER OF FEBRUARY 10, 1959, FROM THE ASSISTANT SECRETARY OF THE ARMY ( FM), PDTATAC CONTROL NO. 58-16, REQUESTING RECONSIDERATION OF OUR DECISION OF AUGUST 21, 1958, B-136681, RELATING TO THE ENTITLEMENT OF UNITED STATES MILITARY ACADEMY GRADUATES TO TRANSPORTATION OF THEIR DEPENDENTS AT GOVERNMENT EXPENSE.

IN THE DECISION OF AUGUST 21, 1958, IT IS POINTED OUT THAT UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (C), AND JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT STATUTE, GRADUATES OF THE UNITED STATES MILITARY ACADEMY, WHEN COMMISSIONED AND ORDERED TO ACTIVE DUTY AND ASSIGNED TO A PERMANENT DUTY STATION, WITH OR WITHOUT TEMPORARY DUTY EN ROUTE, ARE ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS ACQUIRED ON OR BEFORE THE EFFECTIVE DATE OF ORDERS. THE DECISION STATES THAT THE OFFICERS INVOLVED ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE AS PROVIDED BY THE STATUTE AND CHAPTER 7 OF THE JOINT TRAVEL REGULATIONS, THE SAME AS OTHER OFFICERS OF THE UNIFORMED SERVICES WHEN ORDERED TO ACTIVE DUTY AND ASSIGNED A PERMANENT DUTY STATION. THE APPLICABLE STATUTE AND REGULATIONS APPLY TO ALL MEMBERS OF THE UNIFORMED SERVICES, INCLUDING GRADUATES OF THE UNITED STATES MILITARY ACADEMY. THE RULING IN THAT DECISION WAS INTENDED TO BE FOR APPLICATION ON A GENERAL BASIS RATHER THAN TO SPECIFIC SITUATIONS.

THE LETTER OF THE ASSISTANT SECRETARY, DATED FEBRUARY 10, 1959, EXPRESSES THE ADMINISTRATIVE VIEW THAT UNDER THE RULING IN THE DECISION OF AUGUST 21, 1958, THE OFFICERS INVOLVED ARE NOT ACCORDED THE SAME RIGHT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE AS OTHER OFFICERS OF THE UNIFORMED SERVICES WHO ARE ORDERED TO ACTIVE DUTY AND ASSIGNED A PERMANENT DUTY STATION. ON SUCH BASIS, THE LETTER REQUESTS ANSWERS AS TO THE ENTITLEMENT OF A UNITED STATES MILITARY ACADEMY GRADUATE TO DEPENDENT TRAVEL TO HIS FIRST PERMANENT DUTY STATION IN THREE SPECIFIC SITUATIONS.

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, PROVIDES THAT, OTHER THAN FOR CERTAIN SPECIFICALLY ENUMERATED EXCEPTIONS, MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION WHICH INCLUDES (PARAGRAPH 3003- 1) THE CHANGE FROM HOME, OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, TO FIRST STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, OR INDUCTION. PARAGRAPH 7053 OF THE SAME REGULATIONS PROVIDES THAT WHEN A MEMBER CALLED TO ACTIVE DUTY IS FIRST ASSIGNED TO A TEMPORARY STATION AND IS SUBSEQUENTLY ORDERED TO MAKE A PERMANENT CHANGE OF STATION, HE IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED TO THE PERMANENT STATION, NOT TO EXCEED ENTITLEMENT FROM HIS HOME TO THE PERMANENT STATION. THE WORD "HOME" AS USED IN THIS REGULATION IS CONSTRUED AS INCLUDING THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. THUS, UNDER THIS REGULATION, A MEMBER ORDERED TO ACTIVE DUTY AND ASSIGNED A PERMANENT DUTY STATION, WITH TEMPORARY DUTY EN ROUTE DIRECTED IN THE SAME ORDER, IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED TO THE PERMANENT STATION, NOT TO EXCEED ENTITLEMENT FROM HIS HOME, OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, TO THE PERMANENT STATION.

IT IS UNDERSTOOD THAT GRADUATES OF THE UNITED STATES MILITARY ACADEMY, UPON BEING COMMISSIONED AS OFFICERS IN THE REGULAR ARMY, ARE IMMEDIATELY ORDERED TO ACTIVE DUTY FROM WEST POINT, NEW YORK, AND ASSIGNED A PERMANENT DUTY STATION WITH TEMPORARY DUTY EN ROUTE. THEIR INITIAL ORDERS, DATED PRIOR TO GRADUATION, GENERALLY ARE RECEIVED BY THEM AT WEST POINT. SUCH ORDERS DESIGNATE EITHER WEST POINT OR THEIR HOME OF RECORD AS THE PLACE FROM WHICH THEIR PERSONAL TRAVEL IS TO BE PERFORMED. THIS IS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253 (A), AND PARAGRAPH 5000-2 OF THE JOINT TRAVEL REGULATIONS, ISSUED UNDER THE STATUTE. PARAGRAPH 5000-2 PROVIDES THAT OFFICERS GRADUATED FROM ANY OF THE SERVICE ACADEMIES WHEN TRAVELING UNDER COMPETENT ORDERS TO THE FIRST STATION TO WHICH THEY ARE PERMANENTLY ASSIGNED FOR DUTY WILL RECEIVE ALLOWANCES AUTHORIZED FOR MEMBERS TRAVELING UNDER COMPETENT ORDERS IN CONNECTION WITH A PERMANENT CHANGE OF STATION, FOR THE DISTANCE ACTUALLY TRAVELED UNDER ORDERS, NOT TO EXCEED THE OFFICIAL DISTANCE FROM THEIR HOME OR FROM THE SERVICE ACADEMY, AS MAY BE DESIGNATED IN THEIR ORDERS, TO SUCH FIRST DUTY STATION BY WAY OF ANY TEMPORARY DUTY STATION AS MAY BE DIRECTED EN ROUTE INCLUDING THE SERVICE ACADEMY IN CASES INVOLVING AUTHORIZED TRAVEL FROM HOME.

QUESTION 1, CONCERNING THE ENTITLEMENT OF SUCH OFFICERS TO TRANSPORTATION OF DEPENDENTS, AS PRESENTED IN YOUR LETTER IS AS FOLLOWS:

(1) FROM WHERE DOES THIS ENTITLEMENT STEM IN THE EVENT A MEMBER IN THIS CATEGORY HAS DEPENDENTS ON THE DATE OF RECEIPT OF HIS INITIAL ORDERS?

A. THEIR LOCATION ON THAT DATE WITHOUT REGARD TO THE PLACE DESIGNATED IN HIS ORDERS?

B. THEIR LOCATION ON THAT DATE, NOT TO EXCEED THE PLACE DESIGNATED IN HIS ORDERS?

C. THEIR LOCATION ON THAT DATE, NOT TO EXCEED THE FARTHER POINT, HOME OR WEST POINT, REGARDLESS OF WHICH MAY BE DESIGNATED IN HIS ORDERS?

D. FROM THE FARTHEST POINT FROM WHICH SUCH TRAVEL MAY BE PERFORMED, VIZ., THEIR LOCATION ON THAT DATE, OR FROM THE HOME OR WEST POINT, PROVIDED THEY TRAVEL VIA THE PLACE (HOME OR WEST POINT) FROM WHICH ALLOWANCES ARE CLAIMED?

THE ENTITLEMENT OF THE OFFICER, IN SUCH CASE, IS TO REIMBURSEMENT FOR TRAVEL PERFORMED BY HIS DEPENDENTS INCIDENT TO SUCH ORDERS, NOT TO EXCEED ENTITLEMENT FROM THE FARTHER POINT, HOME OR WEST POINT, TO HIS PERMANENT STATION, IRRESPECTIVE OF WHETHER THE OFFICER'S TRAVEL IS DIRECTED TO BE PERFORMED FROM WEST POINT OR FROM HIS HOME OF RECORD. QUESTION 1 IS ANSWERED ACCORDINGLY.

QUESTION 2 AS PRESENTED IN YOUR LETTER IS AS FOLLOWS:

(2) FROM WHERE DOES THIS ENTITLEMENT STEM IN THE EVENT A MEMBER ACQUIRES A DEPENDENT SUBSEQUENT TO RECEIPT OF HIS INITIAL ORDERS BUT PRIOR TO HIS ARRIVAL AT A TEMPORARY DUTY STATION?

A. PLACE OF MARRIAGE, NOT TO EXCEED THE PLACE DESIGNATED IN HIS ORDERS?

B. PLACE OF MARRIAGE, NOT TO EXCEED THE FARTHER POINT, HOME OR WEST POINT, REGARDLESS OF WHICH MAY BE DESIGNATED IN HIS ORDERS?

C. FROM THE FARTHER POINT, HOME OR WEST POINT, PROVIDED TRAVEL IS PERFORMED VIA THE PLACE FROM WHICH ALLOWANCES ARE CLAIMED, REGARDLESS OF THE PLACE OF MARRIAGE OR THE PLACE DESIGNATED IN HIS ORDERS? (SHOULD TRAVEL NOT BE PERFORMED VIA THE HOME OR WEST POINT, ENTITLEMENT THEN WOULD BE DETERMINED ON THE BASIS OF YOUR ANSWER TO A OR B, ABOVE).

THE ENTITLEMENT OF THE OFFICER WHO ACQUIRES A DEPENDENT BEFORE THE DATE HE IS REQUIRED TO COMMENCE TRAVEL FROM THE PLACE AS DIRECTED BY HIS ORDERS, IN ORDER TO REPORT AT HIS TEMPORARY DUTY STATION ON THE DATE DESIGNATED IN THE ORDERS, IS THE SAME AS THE OFFICER IN QUESTION 1. SUCH OFFICER ACQUIRES A DEPENDENT AFTER THE DATE HE IS REQUIRED TO COMMENCE TRAVEL TO HIS TEMPORARY DUTY STATION, HIS ENTITLEMENT IS FOR TRAVEL PERFORMED BY THE DEPENDENT TO THE PERMANENT DUTY STATION, NOT TO EXCEED ENTITLEMENT FROM THE TEMPORARY TO THE PERMANENT DUTY STATION, IRRESPECTIVE OF THE PLACE WHERE THE DEPENDENT IS ACQUIRED. QUESTION 2 IS ANSWERED ACCORDINGLY.

QUESTION 3 AS PRESENTED IN YOUR LETTER IS AS FOLLOWS:

(3) FROM WHERE DOES THIS ENTITLEMENT STEM IN THE EVENT A MEMBER ACQUIRES A DEPENDENT FOLLOWING ARRIVAL AT, BUT ON OR BEFORE THE DATE HE IS REQUIRED TO DEPART FROM, A TEMPORARY DUTY POINT?

THE ENTITLEMENT OF THE OFFICER, IN THE CIRCUMSTANCES DESCRIBED, TO DEPENDENT TRAVEL IS THE SAME AS THE OFFICER IN THE SITUATION MENTIONED IN THE LAST PART OF QUESTION 2. QUESTION 3 IS ANSWERED ACCORDINGLY.

OUR DECISION OF AUGUST 21, 1958, B-136681, AS HEREIN AMPLIFIED, IS AFFIRMED.