B-115159, MAY 28, 1953

B-115159: May 28, 1953

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REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. MAJOR MAXWELL WAS RELIEVED FROM ASSIGNMENT AND DUTY AT FORT HOOD. DAUGHTERS AGE 5 AND 2 RESPECTIVELY) WERE AUTHORIZED TO PROCEED FROM MARKSVILLE. REIMBURSEMENT IN THE SUM OF $172.50 FOR THE WIFE'S TRAVEL WAS EFFECTED BY YOU ON VOUCHER 6468 (DATE OF PAYMENT NOT SHOWN). NO PAYMENT WAS MADE FOR TRAVEL OF THE CHILDREN FOR THE REASON THAT BOTH WERE LESS THAN 5 YEARS OF AGE WHEN THE OFFICER WAS ORDERED OVERSEAS. THE ADDITIONAL AMOUNT PROPOSED FOR PAYMENT ON THE PRESENT VOUCHER IS FOR ONE CHILD (DATE OF BIRTH NOT SHOWN) WHO WAS 5 YEARS OF AGE WHEN THE TRAVEL AUTHORIZATION WAS ISSUED AND TRAVEL OF DEPENDENTS PERFORMED. WHEN THE OFFICER WAS ORDERED OVERED OVERSEAS AND WERE NOT PERMITTED TO TRAVEL TO HIS OVERSEAS STATION PRIOR TO THE ISSUANCE OF THE AUTHORIZATION OF JNNUARY 10.

B-115159, MAY 28, 1953

PRECIS-UNAVAILABLE

MAJOR L. E. WILLIAMS, FC, U.S. ARMY:

THERE HAS BEEN RECEIVED BY 3RD INDORSEMENT DATED MAY 8, 1953, YOUR LETTER DATED MARCH 14, 1953, PRESENTING VOUCHER IN FAVOR OF MAJOR BENJAMIN B. MAXWELL, JR., IN THE SUM OF $86.25 REPRESENTING ADDITIONAL REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS FROM MARKSVILLE, LOUISIANA, TO SEATTLE, WASHINGTON, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY ORDERS DATED SEPTEMBER 18, 1950, MAJOR MAXWELL WAS RELIEVED FROM ASSIGNMENT AND DUTY AT FORT HOOD, TEXAS, AND DIRECTED TO PROCEED TO CAMP STONEMAN PERSONNEL CENTER, PITTSBURG, CALIFORNIA, TO AWAIT TRANSPORTATION TO OVERSEAS DESTINATION. BY TRAVEL AUTHORIZATION NO. 1 54, DATED JANUARY 10, 1952, UPON CALL OF THE PORT COMMANDER, HIS DEPENDENTS (WIFE, AND DAUGHTERS AGE 5 AND 2 RESPECTIVELY) WERE AUTHORIZED TO PROCEED FROM MARKSVILLE, LOUISIANA, TO THE PORT INDICATED IN THE PORT CALL FOR FURTHER TRANSPORTATION TO DESTINATION. THE DEPENDENTS TRAVELED FROM MARKSVILLE, LOUISIANA, TO SEATTLE, WASHINGTON, FEBRUARY 19 TO 28, 1952, AT PERSONAL EXPENSE. REIMBURSEMENT IN THE SUM OF $172.50 FOR THE WIFE'S TRAVEL WAS EFFECTED BY YOU ON VOUCHER 6468 (DATE OF PAYMENT NOT SHOWN). NO PAYMENT WAS MADE FOR TRAVEL OF THE CHILDREN FOR THE REASON THAT BOTH WERE LESS THAN 5 YEARS OF AGE WHEN THE OFFICER WAS ORDERED OVERSEAS. THE ADDITIONAL AMOUNT PROPOSED FOR PAYMENT ON THE PRESENT VOUCHER IS FOR ONE CHILD (DATE OF BIRTH NOT SHOWN) WHO WAS 5 YEARS OF AGE WHEN THE TRAVEL AUTHORIZATION WAS ISSUED AND TRAVEL OF DEPENDENTS PERFORMED. IT APPEARS THAT THE DEPENDENTS TRAVELED TO MARKSVILLE, LOUISIANA, WHEN THE OFFICER WAS ORDERED OVERED OVERSEAS AND WERE NOT PERMITTED TO TRAVEL TO HIS OVERSEAS STATION PRIOR TO THE ISSUANCE OF THE AUTHORIZATION OF JNNUARY 10, 1952.

IT IS WELL ESTABLISHED THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS IS FIXED BY THE EFFECTIVE DATE OF CHANGE OF STATION ORDERS AND MAY NOT BE INCRESED BY DELAY IN PERFORMING THE TRAVEL. 2 COMP. GEN. 712; 4 ID. 438; 9 ID. 439; 24 ID. 887; 26 ID. 339, AND 31 ID. 433. HOWEVER, SUCH RULE RESTS UPON THE PREMISE THAT, EXCEPT FOR DELAYS FOR PERSONAL REASONS, DEPENDENTS THEN MAY COMMENCE TRAVEL TO THE NEW STATION AND, HENCE, WHERE ACTION BY THE GOVERNMENT DELAYS THE TRAVEL AND RESULTS IN INCREASED COST OF TRAVEL AT A LATER DATE, SUCH ACTION PROPERLY IS FOR CONSIDERATION IN DETERMINING THE RIGHT OF THE MEMBER TO REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS. 21 COMP. GEN. 195. IN THE PRESENT CASE, THE TRAVEL OF THE DEPENDENTS TO THE OVERSEAS STATION WAS CONTROLLED BY THE DEPARTMENT OF THE ARMY IN THAT APPROVAL OF THE OVERSEAS COMMANDER OR OTHER COMPETENT AUTHORITY WAS REQUIRED (PARAGRAPH 7008, JOINT TRAVEL REGULATIONS), AND SUCH APPROVAL WAS CONTINGENT UPON NUMEROUS FACTORS. UNDER SUCH CIRCUMSTANCES, AND SINCE IT APPEARS THAT THE COST OF TRANSPORTATION BY REASON OF THE OLDER CHILD BECOMING 5 YEARS OF AGE WAS NOT DUE TO DELAY CAUSED BY MAJOR MAXWELL OR HIS DEPENDENTS, REIMBURSEMENT AT THE RATE OF 3 CENTS PER MILE FOR THE OLDER CHILD'S TRAVEL IS AUTHORIZED IF OTHERWISE PROPER.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH.