B-113556, JUNE 9, 1953, 32 COMP. GEN. 543

B-113556, JUNE 9, 1953, 32 COMP. GEN. 543

TRANSPORTATION - DEPENDENTS - MARRIAGE AFTER EFFECTIVE DATE OF CHANGE OF STATION ORDERS A MEMBER OF THE ARMED FORCES, DETACHED FROM AN OVERSEAS PERMANENT STATION AND ASSIGNED TO A TEMPORARY STATION IN THE UNITED STATES FOR PROCESSING AND DISPOSITION, WHO MARRIES AFTER THE EFFECTIVE DATE OF ORDERS WHICH DO NOT AUTHORIZE LEAVE OR DELAY EN ROUTE TO NEW PERMANENT STATION IS NOT ENTITLED UNDER PARAGRAPH 7060-3 OF THE JOINT TRAVEL REGULATIONS TO TRANSPORTATION OF WIFE AT GOVERNMENT EXPENSE FROM THE PLACE OF MARRIAGE TO THE NEW STATION OR FROM TEMPORARY STATION TO THE NEW STATION.

COMPTROLLER GENERAL WARREN TO MAJ. J. G. BOLAND, DEPARTMENT OF THE ARMY, JUNE 9, 1953:

REFERENCE IS MADE TO YOUR LETTER OF JULY 16, 1952, TRANSMITTED HERE BY ENDORSEMENT OF THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, DATED JANUARY 26, 1953, REQUESTING DECISION WHETHER PAYMENT PROPERLY MAY BE MADE ON A VOUCHER PRESENTED THEREWITH IN FAVOR OF SERGEANT CHARLES C. BUTLER, U.S. ARMY, FOR A MONETARY ALLOWANCE FOR DEPENDENTS' TRANSPORTATION INCIDENT TO HIS WIFE'S TRAVEL FROM IRONTON, OHIO, TO FORT ORD, CALIFORNIA, PERFORMED DURING THE PERIOD FROM JUNE 3 TO 8, 1952.

SERGEANT BUTLER WAS RELEASED FROM DUTY OVERSEAS BY ORDERS OF HEADQUARTERS 18TH INFANTRY, APO 1, U.S. ARMY, DATED MARCH 7, 1952, AND REASSIGNED TO THE ARMY PERSONNEL CENTER, CAMP KILMER, NEW JERSEY, AND DIRECTED TO PROCEED THERETO FOR REASSIGNMENT IN THE UNITED STATES. UNDER PARAGRAPH 80, SPECIAL ORDERS NO. 84, HEADQUARTERS, CAMP KILMER, NEW JERSEY, DATED APRIL 9, 1952, HE WAS TRANSFERRED TO THE 5015 AREA SERVICE UNIT, REPLACEMENT DETACHMENT, CAMP ATTERBURY, INDIANA, FOR LEAVE AND REASSIGNMENT AND DIRECTED TO REPORT THERE ON APRIL 12, 1952. UNDER THE PROVISIONS OF PARAGRAPH 5, SPECIAL ORDERS NO. 139, REPLACEMENT DETACHMENT, 5015 AUS STATION COMPLEMENT, CAMP ATTERBURY, INDIANA, DATED MAY 27, 1952, HE WAS RELIEVED FROM HIS ASSIGNMENT AT THAT STATION AND TRANSFERRED AND DIRECTED TO PROCEED TO THE 6230 AREA SERVICE UNIT RECEPTION CENTER, FORD ORD, CALIFORNIA, AND REPORT THEREAT ON JUNE 8, 1952. NO DELAY EN ROUTE OR LEAVE WAS AUTHORIZED THEREIN. TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED. WHILE SUCH ORDERS DESIGNATED THE MOVEMENT A PERMANENT CHANGE OF STATION IT APPEARS THAT THEY DIRECTED TRAVEL TO FORT ORD ONLY ON A TEMPORARY ASSIGNMENT CONTEMPLATING SUBSEQUENT ASSIGNMENT. SERGEANT BUTLER WAS GIVEN PERMANENT DUTY ASSIGNMENT AT FORT ORD BY ORDERS DATED JUNE 25, 1952. HE APPEARS TO HAVE BEEN DETACHED AT CAMP ATTERBURY ON MAY 29, 1952, UNDER ORDERS OF MAY 27 AND HE WAS MARRIED AT IRONTON, OHIO, ON JUNE 2, 1952. HE AND HIS WIFE PROCEEDED BY PRIVATELY OWNED CAR FROM IRONTON TO FORT ORD DURING THE PERIOD JUNE 3 TO 8, 1952, AND CLAIM FOR HIS WIFE'S TRAVEL IS STATED UNDER AUTHORITY OF THE MAY 27 ORDERS ON THE BASIS OF THE DISTANCE FROM CAMP ATTERBURY TO FORT ORD, THAT DISTANCE BEING LESS THAN THAT FROM IRONTON TO FORT ORD.

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 (OR UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES AS DETERMINED BY THE SECRETARIES) 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. REGULATIONS PROMULGATED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 7060-3 OF THOSE REGULATIONS PROVIDES THAT WHERE A MEMBER DETACHED FROM AN OVERSEAS PERMANENT STATION AND ASSIGNED A TEMPORARY STATION IN THE UNITED STATES FOR PROCESSING AND DISPOSITION AND WHO MARRIES PRIOR TO THE EXPIRATION OF LEAVE GRANTED AFTER ARRIVAL AT THE TEMPORARY STATION AND PRIOR TO THE EFFECTIVE DATE OF ORDERS DIRECTING A NEW PERMANENT STATION IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE OF MARRIAGE TO THE NEW STATION NOT TO EXCEED THAT FROM THE TEMPORARY DUTY STATION TO THE NEW PERMANENT STATION. SUCH REGULATION CONTEMPLATES SITUATIONS WHERE A MEMBER WHO AFTER ARRIVAL AT A TEMPORARY STATION IN THE UNITED STATES AND AFTER RECEIPT OF ORDERS TO A PERMANENT STATION MARRIES BEFORE THE EFFECTIVE DATE OF SUCH ORDERS, OR, IN OTHER WORDS, BEFORE REQUIRED TO TRAVEL IN COMPLIANCE WITH THOSE ORDERS. IT HAS BEEN RECOGNIZED THAT AFTER DETACHMENT FROM A PERMANENT STATION WITHOUT ASSIGNMENT TO A NEW PERMANENT STATION DEPENDENTS MAY TRAVEL AT WILL WITH REIMBURSEMENT THEREFOR BASED UPON THE PERMANENT STATION ULTIMATELY ASSIGNED REGARDLESS OF WHETHER THE TRAVEL WAS COMPLETED BEFORE OR AFTER ASSIGNMENT TO THE NEW PERMANENT STATION, THEIR TRAVEL BEING CONSIDERED AS HAVING BEEN PERFORMED INCIDENT TO PERMANENT CHANGE OF STATION INITIATED BY THE DETACHING ORDERS IF AND WHEN COMPLETED BY THE ASSIGNMENT OF A NEW PERMANENT STATION. 25 COMP. GEN. 839. UNDER THE CITED REGULATIONS, THEREFORE, A MEMBER DETACHED OVERSEAS WITHOUT ASSIGNMENT TO A NEW PERMANENT STATION WHO IS MARRIED WHILE ON TEMPORARY ASSIGNMENT IN THE UNITED STATES AND NOT UNDER IMMEDIATE ORDERS TO TRAVEL TO ANOTHER STATION (I.E., BEFORE THE EFFECTIVE DATE OF ORDERS REQUIRING TRAVEL AWAY FROM THE TEMPORARY STATION) WOULD BE ENTITLED UPON ULTIMATE ASSIGNMENT TO A PERMANENT DUTY STATION TO TRANSPORTATION FOR HIS WIFE FROM THE PLACE OF MARRIAGE TO THE NEW PERMANENT STATION NOT TO EXCEED THAT FROM THE TEMPORARY STATION TO SUCH NEW STATION.

PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION ORDERS ISSUED TO A MEMBER WHICH DO NOT INVOLVE LEAVE OR DELAY EN ROUTE IS THE DATE OF THE MEMBERS' RELIEF FROM THE OLD STATION (DETACHMENT). NO LEAVE OR DELAY BEING INVOLVED IN THE ORDERS OF MAY 27, 1952, THEIR EFFECTIVE DATE SHOULD BE CONSIDERED AS THE DATE OF SERGEANT BUTLER'S DETACHMENT ON MAY 29. SINCE HE WAS NOT MARRIED UNTIL A DATE SUBSEQUENT TO SUCH DETACHMENT DATE THERE IS NO AUTHORITY UNDER THE CITED REGULATIONS FOR MAKING PAYMENT ON THE PRESENTED VOUCHER WHICH WILL BE RETAINED IN THIS OFFICE.