B-107988, FEB 27, 1952

B-107988: Feb 27, 1952

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REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. SERGEANT TURNIPSEED WAS ORDERED TO ACTIVE DUTY WITH THE ORGANIZED RESERVES AND DIRECTED TO PROCEED FROM FRESNO. HE WAS TRANSFERRED TO ST. THAT PAYMENT FOR HER TRAVEL WAS LIMITED TO $31.74 BASED ON TRAVEL FROM CAMP MCCOY. YOUR QUESTION IN THE MATTER ARISES FROM THE FACT THAT AT THE TIME THE CLAIMANT WAS ORDERED TO ACTIVE DUTY APPLICABLE REGULATIONS DID NOT PERMIT REIMBURSEMENT FOR TRAVEL OF DEPENDENTS FROM HOME TO SECOND STATION IF THE DISTANCE WAS GREATER THAN FROM HOME TO FIRST STATION. WERE ISSUED AND THE TRAVEL PERFORMED FROM HOME TO SECOND STATION THERE WAS IN EFFECT PARAGRAPH 7055. RETAINS HIS DEPENDENTS AT THE PLACE THAT THEY WERE LOCATED WHEN SUCH ORDERS WERE RECEIVED.

B-107988, FEB 27, 1952

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL H.D. LLOYD, F.C., DEPARTMENT OF THE ARMY:

THERE HAS BEEN RECEIVED BY FIRST INDORSEMENT DATED FEBRUARY 4, 1952, YOUR LETTER OF OCTOBER 12, 1951, TRANSMITTING VOUCHER IN FAVOR OF SERGEANT DORMAN B. TURNIPSEED, FOR A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND FOR HIS WIFE'S TRAVEL FROM FRESNO, CALIFORNIA, TO ST. LOUIS, MISSOURI, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

THE ENCLOSURES SUBMITTED WITH YOUR REQUEST SHOW THAT BY COMPANY MOVEMENT ORDER NO. 1, DATED SEPTEMBER 12, 1950, SERGEANT TURNIPSEED WAS ORDERED TO ACTIVE DUTY WITH THE ORGANIZED RESERVES AND DIRECTED TO PROCEED FROM FRESNO, CALIFORNIA, TO CAMP MCCOY, WISCONSIN, FOR DUTY; THAT BY SPECIAL ORDERS NO. 125, DATED MAY 31, 1951, HE WAS TRANSFERRED TO ST. LOUIS, MISSOURI, FOR DUTY; THAT HIS WIFE TRAVELED FROM FRESNO, CALIFORNIA, TO ST. LOUIS, MISSOURI, JUNE 8 TO 10, 1951, BY RAIL AT PERSONAL EXPENSE; THAT PAYMENT FOR HER TRAVEL WAS LIMITED TO $31.74 BASED ON TRAVEL FROM CAMP MCCOY, WISCONSIN, TO ST. LOUIS, MISSOURI (VOUCHER 1211 IN YOUR JULY 1951 ACCOUNTS), AND THAT SERGEANT TURNIPSEED NOW CLAIMS A MONETARY ALLOWANCE FOR THE FULL DISTANCE TRAVELED LESS THE AMOUNT PAID ON SAID VOUCHER. YOUR QUESTION IN THE MATTER ARISES FROM THE FACT THAT AT THE TIME THE CLAIMANT WAS ORDERED TO ACTIVE DUTY APPLICABLE REGULATIONS DID NOT PERMIT REIMBURSEMENT FOR TRAVEL OF DEPENDENTS FROM HOME TO SECOND STATION IF THE DISTANCE WAS GREATER THAN FROM HOME TO FIRST STATION, BUT AUTHORIZED TRANSPORTATION ON THE BASIS OF TRAVEL FROM THE FIRST STATION TO THE SECOND STATION; WHEREAS, WHEN THE ORDERS OF MAY 31, 1951, WERE ISSUED AND THE TRAVEL PERFORMED FROM HOME TO SECOND STATION THERE WAS IN EFFECT PARAGRAPH 7055, JOINT TRAVEL REGULATIONS, AS FOLLOWS:

"IF A MEMBER, UPON RECEIPT OF PERMANENT CHANGE OF STATION ORDERS, RETAINS HIS DEPENDENTS AT THE PLACE THAT THEY WERE LOCATED WHEN SUCH ORDERS WERE RECEIVED, AND HE RECEIVES ASSIGNMENT TO SOME SUBSEQUENT PERMANENT STATION, HE SHALL BE ENTITLED (UPON ASSIGNMENT TO SUCH SUBSEQUENT PERMANENT STATION) TO TRANSPORTATION FOR HIS DEPENDENTS AT GOVERNMENT EXPENSE NOT IN EXCESS OF THE DISTANCE FROM THE STATION FROM WHICH HE TRAVELED WHEN HIS DEPENDENTS WERE SO RETAINED TO SUCH SUBSEQUENT PERMANENT STATION, IRRESPECTIVE OF ANY INTERIM PERMANENT CHANGES OF STATION UPON WHICH HE DID NOT EXERCISE HIS RIGHTS TO DEPENDENTS TRANSPORTATION."

SECTION 303(C), OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND AT A RATE TO BE PRESCRIBED.

WHILE THE ORDERS OF SEPTEMBER 12, 1950, SERVE TO ESTABLISH THE POINT AT WHICH THE DEPENDENT WAS RETAINED THE QUESTION OF TRAVEL FROM THAT POINT (HOME) TO SECOND STATION DID NOT ARISE UNTIL THE ORDERS OF MAY 31, 1951, WERE ISSUED AND THE WIFE TRAVELED DIRECTLY FROM THE ENLISTED MAN'S HOME TO HIS SECOND PERMANENT STATION (JUNE 8 TO 10, 1951). REGULATIONS IN EFFECT AT THAT TIME (PARAGRAPH 7055, JOINT TRAVEL REGULATIONS) UNDER WHICH SERGEANT TURNIPSEED'S RIGHTS TO TRANSPORTATION OF HIS DEPENDENT INCIDENT TO SAID ORDERS PROPERLY ARE TO BE DETERMINED CLEARLY AUTHORIZED TRANSPORTATION OF DEPENDENTS FROM THE STATION AT WHICH RETAINED TO A SUBSEQUENT PERMANENT STATION IRRESPECTIVE OF INTERIM PERMANENT CHANGES OF STATION, WITH NOTHING TO SUGGEST THAT THE RETENTION COULD NOT HAVE OCCURRED PRIOR TO THE EFFECTIVE DATE OF THE NEW REGULATIONS.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED FOR TRAVEL OF MRS. TURNIPSEED FROM FRESNO, CALIFORNIA, TO ST. LOUIS, MISSOURI, LESS THE SUM OF $31.74 PREVIOUSLY PAID BY YOU.