B-131712, JUN. 19, 1957

B-131712, JUN. 19, 1957

TO CAPTAIN RALPH PUCKETT, JR., USA:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 20, 1957, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 16, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION FOR YOUR DEPENDENTS FROM CAMP LOSEY, PUERTO RICO, TO COLUMBUS, GEORGIA, IN JUNE 1955.

BY ORDERS DATED JUNE 6, 1955, AS AMENDED BY ORDERS DATED OCTOBER 12, 1955, ISSUED AT FORT BROOKE, PUERTO RICO, YOU WERE ORDERED FROM YOUR DUTY STATION, CAMP LOSEY, PUERTO RICO, TO BOGOTA, COLOMBIA, SOUTH AMERICA, ON TEMPORARY DUTY FOR APPROXIMATELY ONE YEAR AND 13 DAYS, EFFECTIVE ON OR ABOUT JUNE 18, 1955, AND UPON COMPLETION OF SUCH TEMPORARY DUTY TO RETURN TO YOUR PROPER STATION. YOU HAVE CERTIFIED THAT YOUR DEPENDENTS (WIFE AND INFANT DAUGHTER) TRAVELED AT PERSONAL EXPENSE FROM SAN JUAN, PUERTO RICO, TO COLUMBUS, GEORGIA, IN JUNE 1955. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SUCH TRAVEL WAS DISALLOWED BY SETTLEMENT DATED APRIL 16, 1957, ON THE BASIS THAT SINCE YOUR ORDERS DIRECTED TEMPORARY DUTY AND RETURN TO YOUR PERMANENT STATION UPON COMPLETION OF SUCH DUTY THERE WAS NO AUTHORITY FOR TRAVEL OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE INCIDENT TO SUCH ORDERS.

IN SUPPORT OF YOUR CLAIM YOU SAY THAT YOU WERE FORCED TO VACATE YOUR QUARTERS AT CAMP LOSEY; THAT UPON COMPLETION OF THE TEMPORARY DUTY INVOLVED YOU RETURNED TO YOUR OLD STATION IN PUERTO RICO; AND THAT SUBSEQUENTLY YOU WERE ASSIGNED TO DUTY AT FORT BENNING, GEORGIA.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES "WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION" SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS UNDER SUCH CONDITIONS AND LIMITATIONS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT SECTION PROVIDE IN PARAGRAPH 7000 THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS, EXCEPT IN CERTAIN SPECIFIED CIRCUMSTANCES. PARAGRAPH 7007-1 OF THE SAME REGULATIONS PROVIDES THAT WHEN A MEMBER IS ASSIGNED TO TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION UNDER ORDERS WHICH DO NOT PROVIDE FOR RETURN TO HIS PERMANENT STATION, OR WHICH DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM THE PERMANENT STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED AS SET FORTH IN THIS PARAGRAPH. PARAGRAPHS 7007-2 AND 3 PROVIDE THAT, WHEN A PERIOD OF TEMPORARY DUTY FOR 20 WEEKS OR MORE AT ANY ONE DUTY STATION IS CONTEMPLATED AND THE ORDERS DO NOT PROVIDE FOR RETURN TO THE PERMANENT STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FOR TRAVEL PERFORMED BY THE DEPENDENTS TO THE TEMPORARY DUTY STATION NOT TO EXCEED ENTITLEMENT FOR TRAVEL FROM THE PERMANENT TO THE TEMPORARY STATION.

SINCE THE ORDERS OF JUNE 6, 1955, AS AMENDED, DIRECTED YOU TO RETURN TO YOUR OLD PERMANENT STATION, CAMP LOSEY, PUERTO RICO, UPON THE COMPLETION OF THE SPECIFIED PERIOD OF TEMPORARY DUTY, IT APPEARS CLEAR THAT NO RIGHT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE ACCRUED TO YOU UNDER THOSE ORDERS.