B-116412, AUG 19, 1953

B-116412: Aug 19, 1953

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WAS RETURNED TO THE UNITED STATES FROM HIS OVERSEAS STATION AND ASSIGNED TO OFFICER CANDIDATE SCHOOL. HE WAS ORDERED TO TEMPORARY ACTIVE DUTY PENDING FURTHER ORDERS AND DIRECTED TO PROCEED TO MEDICAL FIELD SERVICE SCHOOL. IT BEING STATED THAT TRANSPORTATION OF DEPENDENTS WAS NOT AUTHORIZED AND THAT HIS HOME WAS SAN ANTONIO. HE WAS ASSIGNED TO BROOKE ARMY MEDICAL CENTER. IN QUESTIONING THE PROPRIETY OF PAYMENT YOU STATE THAT THIS CASE IS NOT COVERED BY JOINT TRAVEL REGULATIONS AND THAT THERE IS DOUBT AS TO THE APPLICABILITY OF PARAGRAPH 8A(1). REGULATIONS PROMULGATED UNDER THE LATTER ACT ARE NOT APPLICABLE TO THE TRAVEL HERE INVOLVED. PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ABOVE PAY GRADE E-4 WITH LESS THAN SEVEN YEARS OF SERVICE ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION INCLUDING ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A STUDENT IF THE COURSE OF INSTRUCTION IS TO BE MORE THAN 20 WEEKS' DURATION.

B-116412, AUG 19, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL R. J. TROUT, FC, U. S. ARMY:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY FIRST INDORSEMENT DATED JULY 27, 1953, YOUR LETTER OF JULY 15, 1953, TRANSMITTING A VOUCHER IN FAVOR OF SECOND LIEUTENANT ALFRED L. MICHAUD IN THE SUM OF $48.30, REPRESENTING MONETARY ALLOWANCE FOR HIS WIFE'S TRAVEL FROM TOPEKA, KANSAS, TO SAN ANTONIO, TEXAS, JANUARY 20 TO 22, 1953.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 75, DATED MARCH 15, 1952, THE CLAIMANT, THEN A CORPORAL WITH LESS THAN SEVEN YEARS' SERVICE, WAS RETURNED TO THE UNITED STATES FROM HIS OVERSEAS STATION AND ASSIGNED TO OFFICER CANDIDATE SCHOOL, FORT RILEY, KANSAS. BY PARAGRAPH 12, SPECIAL ORDERS NO. 341, DATED DECEMBER 6, 1952, HAVING BEEN APPOINTED SECOND LIEUTENANT ON THAT DATE, HE WAS ORDERED TO TEMPORARY ACTIVE DUTY PENDING FURTHER ORDERS AND DIRECTED TO PROCEED TO MEDICAL FIELD SERVICE SCHOOL, BROOKE ARMY MEDICAL CORPS, FORT SAM HOUSTON, TEXAS, TO ATTEND THE JANUARY 7, 1953, ASSOCIATE MSC COMPANY OFFICER COURSE, IT BEING STATED THAT TRANSPORTATION OF DEPENDENTS WAS NOT AUTHORIZED AND THAT HIS HOME WAS SAN ANTONIO, TEXAS. BY PARAGRAPH 8, SPECIAL ORDERS NO. 28, DATED FEBRUARY 11, 1953, UPON COMPLETION OF THE COURSE, HE WAS ASSIGNED TO BROOKE ARMY MEDICAL CENTER, FORT SAM HOUSTON, TEXAS, FOR DUTY, EFFECTIVE MARCH 20, 1953. HIS DEPENDENT (WIFE) TRAVELED FROM TOPEKA TO SAN ANTONIO (FORT RILEY TO FORT SAM HOUSTON) AT PERSONAL EXPENSE INCIDENT TO THE ORDERS OF DECEMBER 6, 1952. IN QUESTIONING THE PROPRIETY OF PAYMENT YOU STATE THAT THIS CASE IS NOT COVERED BY JOINT TRAVEL REGULATIONS AND THAT THERE IS DOUBT AS TO THE APPLICABILITY OF PARAGRAPH 8A(1), ARMY REGULATIONS 55-120, CHANGES 18, DATED MAY 17, 1947.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER REGULATIONS 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 THEIR DEPENDENTS OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO BECAME EFFECTIVE APRIL 1, 1951. SINCE THE SAID ACT (SECTION 531) SPECIFICALLY REPEALED SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED, UPON ISSUANCE OF REGULATIONS THEREUNDER, REGULATIONS PROMULGATED UNDER THE LATTER ACT ARE NOT APPLICABLE TO THE TRAVEL HERE INVOLVED. PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ABOVE PAY GRADE E-4 WITH LESS THAN SEVEN YEARS OF SERVICE ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION INCLUDING ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A STUDENT IF THE COURSE OF INSTRUCTION IS TO BE MORE THAN 20 WEEKS' DURATION. PARAGRAPH 7007, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER IS ASSIGNED TO TEMPORARY DUTY AWAY FROM A PERMANENT STATION UNDER ORDERS WHICH DO NOT PROVIDE FOR HIS RETURN OR WHICH DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM THE PERMANENT STATION, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AS THEREIN SET FORTH.

SINCE THE CLAIMANT WAS A CORPORAL WITH LESS THAN SEVEN YEARS' SERVICE WHEN ASSIGNED TO OFFICER CANDIDATE SCHOOL AT FORT RILEY, HE WAS NOT ENTITLED TO TRANSPORTATION FOR HIS WIFE TO FORT RILEY ALTHOUGH IT WAS A PERMANENT STATION IN THAT THE COURSE OF INSTRUCTION WAS OF MORE THAN 20 WEEKS' DURATION. HOWEVER, AT THE TIME HE WAS ORDERED FROM THAT STATION TO TEMPORARY DUTY AT FORT SAM HOUSTON HE WAS IN A PAY GRADE ENTITLED TO TRANSPORTATION OF DEPENDENTS, AND SINCE THE ORDERS (OF DECEMBER 6, 1952) FULLY DETACHED HIM FROM FORT RILEY, A RIGHT THEREUPON ACCRUED TO HIM TO TRANSPORT HIS DEPENDENT SUBJECT TO REIMBURSEMENT ON THE BASIS OF THE DISTANCE FROM OLD PERMANENT STATION, FORT RILEY, TO THE NEW PERMANENT STATION WHEN ASSIGNED. THIS OFFICER'S DEPENDENT HAVING TRAVELED FROM FORT RILEY, SUBSEQUENT TO HIS DETACHMENT AT THAT STATION, TO FORT SAM HOUSTON, HE IS ENTITLED TO REIMBURSEMENT THEREFOR AS FOR TRAVEL INCIDENT TO PERMANENT CHANGE OF STATION ORDERS NOTWITHSTANDING THE FACT THAT THIS NEW PERMANENT STATION WAS INITIALLY A TEMPORARY STATION OR THE FURTHER FACT THAT IT WAS IN THE IMMEDIATE VICINITY OF HIS HOME OF RECORD.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED, IF OTHERWISE CORRECT.