B-116453, AUGUST 14, 1953, 33 COMP. GEN. 77

B-116453: Aug 14, 1953

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REQUESTING A DECISION AS TO WHETHER PAYMENT IS AUTHORIZED. THE OFFICER WAS TRANSFERRED FROM FORT SAM HOUSTON. HIS DEPENDENTS (WIFE AND SEVEN CHILDREN) WERE AUTHORIZED UPON CALL OF THE PORT COMMANDER TO PROCEED FROM SAN ANTONIO. WERE ISSUED TRANSPORTATION REQUESTS AND TRAVELED BY RAIL FROM SAN ANTONIO TO SAN FRANCISCO AT GOVERNMENT EXPENSE. THE MONETARY ALLOWANCE CLAIMED FOR THE TRAVEL IS COMPUTED AT THE RATE OF 18 CENTS PER MILE. JOINT TRAVEL REGULATIONS AND THE FACT THAT TRANSPORTATION REQUESTS WERE FURNISHED FOR TRAVEL OF THREE DEPENDENTS. WHILE PARAGRAPH 7003 OF THE REGULATIONS PROVIDES THAT A MEMBER WHO ELECTS TO TRANSPORT HIS DEPENDENTS AT HIS OWN EXPENSE IS ENTITLED TO A MONETARY ALLOWANCE AT THE RATES SPECIFIED THEREIN FOR ALL TRAVEL PERFORMED WITHIN THE UNITED STATES REGARDLESS OF THE MODE OF TRANSPORTATION PROVIDED THAT THE "MAXIMUM REIMBURSEMENT PAYABLE FOR ALL DEPENDENTS SHALL NOT EXCEED 18 CENTS PER MILE" COMPUTED ON THE BASIS OF 6 CENTS PER MILE FOR EACH DEPENDENT 12 YEARS OF AGE OR OVER NOT TO EXCEED TWO SUCH DEPENDENTS.

B-116453, AUGUST 14, 1953, 33 COMP. GEN. 77

TRANSPORTATION - DEPENDENTS - MILITARY, NAVAL, ETC., PERSONNEL - DEPENDENTS TRANSPORTED BY AUTOMOBILE AND COMMON CARRIER THE CAREER COMPENSATION ACT OF 1949 AND THE REGULATIONS ISSUED PURSUANT THERETO ENTITLE A MEMBER OF THE ARMED FORCES ORDERED TO MAKE A PERMANENT CHANGE OF STATION TO BE FURNISHED TRANSPORTATION FOR ALL ELIGIBLE DEPENDENTS AND THEREFORE, WHERE AN ARMY OFFICER HAS DEPENDENTS IN SUCH NUMBERS THAT WHEN TRAVELING AT THE SAME TIME BETWEEN THE SAME POINTS ALL CANNOT TRAVEL BY PRIVATELY OWNED CONVEYANCE AND SOME NECESSARILY TRAVEL BY COMMON CARRIER ON TRANSPORTATION REQUESTS, SAID OFFICER MAY BE REIMBURSED FOR DEPENDENT TRAVEL PERFORMED BY PRIVATE CONVEYANCE WITHOUT REFERENCE TO THE VALUE OF THE TRANSPORTATION IN KIND FURNISHED FOR THE OTHERS.

ACTING COMPTROLLER GENERAL WEITZEL TO COLONEL L. R. STOREY, DEPARTMENT OF THE ARMY, AUGUST 14, 1953:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY SECOND ENDORSEMENT DATED JULY 30, 1953, YOUR LETTER OF JULY 6, 1953, TRANSMITTING A VOUCHER IN FAVOR OF COLONEL PAUL A. JACCARD, IN THE SUM OF $342.72 REPRESENTING A MONETARY ALLOWANCE FOR TRAVEL OF FIVE DEPENDENTS FROM SAN ANTONIO, TEXAS, TO SAN FRANCISCO, CALIFORNIA, AND REQUESTING A DECISION AS TO WHETHER PAYMENT IS AUTHORIZED.

BY PARAGRAPH 36, SPECIAL ORDERS NO. 187 DATED SEPTEMBER 17, 1951, THE OFFICER WAS TRANSFERRED FROM FORT SAM HOUSTON, TEXAS, TO FAR EAST COMMAND, YOKOHAMA, JAPAN, FOR DUTY. BY TRAVEL AUTHORIZATION NO. 3-70, DATED MARCH 23, 1953, HIS DEPENDENTS (WIFE AND SEVEN CHILDREN) WERE AUTHORIZED UPON CALL OF THE PORT COMMANDER TO PROCEED FROM SAN ANTONIO, TEXAS TO THE PORT OF DEBARKATION FOR FURTHER MOVEMENT BY WATER TRANSPORTATION TO YOKOHAMA, JAPAN. THREE DEPENDENTS (AGES 18, 17, AND 5 YEARS, RESPECTIVELY), WERE ISSUED TRANSPORTATION REQUESTS AND TRAVELED BY RAIL FROM SAN ANTONIO TO SAN FRANCISCO AT GOVERNMENT EXPENSE. FIVE DEPENDENTS (WIFE AND 4 CHILDREN, AGES 4, 10, 13, AND 16 YEARS, RESPECTIVELY), TRAVELED BETWEEN THE SAME POINTS BY PRIVATELY OWNED AUTOMOBILE, JUNE 7 TO 11, 1953, AT PERSONAL EXPENSE. THE MONETARY ALLOWANCE CLAIMED FOR THE TRAVEL IS COMPUTED AT THE RATE OF 18 CENTS PER MILE. YOUR DOUBT AS TO THE PROPRIETY OF PAYMENTS ARISES FROM THE PROVISIONS OF PARAGRAPHS 7002 AND 7003, JOINT TRAVEL REGULATIONS AND THE FACT THAT TRANSPORTATION REQUESTS WERE FURNISHED FOR TRAVEL OF THREE DEPENDENTS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND. PARAGRAPH 7002, JOINT TRAVEL REGULATIONS PROVIDES THAT TRANSPORTATION IN KIND MAY BE FURNISHED TO DEPENDENTS OF A MEMBER, REGARDLESS OF THE NUMBER OF DEPENDENTS, FOR TRAVEL FROM HIS OLD STATION TO HIS NEW PERMANENT STATION OR BETWEEN OTHER AUTHORIZED POINTS, WHILE PARAGRAPH 7003 OF THE REGULATIONS PROVIDES THAT A MEMBER WHO ELECTS TO TRANSPORT HIS DEPENDENTS AT HIS OWN EXPENSE IS ENTITLED TO A MONETARY ALLOWANCE AT THE RATES SPECIFIED THEREIN FOR ALL TRAVEL PERFORMED WITHIN THE UNITED STATES REGARDLESS OF THE MODE OF TRANSPORTATION PROVIDED THAT THE "MAXIMUM REIMBURSEMENT PAYABLE FOR ALL DEPENDENTS SHALL NOT EXCEED 18 CENTS PER MILE" COMPUTED ON THE BASIS OF 6 CENTS PER MILE FOR EACH DEPENDENT 12 YEARS OF AGE OR OVER NOT TO EXCEED TWO SUCH DEPENDENTS; 3 CENTS PER MILE FOR EACH ADDITIONAL DEPENDENT 12 YEARS OF AGE OR OVER, AND 3 CENTS PER MILE FOR EACH DEPENDENT 5 YEARS OF AGE AND OVER BUT UNDER 12 YEARS OF AGE.

IT IS CLEARLY THE INTENT OF THE STATUTE AND OF THE REGULATIONS ISSUED PURSUANT THERETO THAT AN OFFICER ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE FURNISHED TRANSPORTATION FOR ALL ELIGIBLE DEPENDENTS REGARDLESS OF NUMBERS. HENCE, WHERE AN OFFICER, AS IN THIS CASE, HAS DEPENDENTS IN SUCH NUMBERS THAT EVEN WHEN TRAVELING AT THE SAME TIME BETWEEN THE SAME POINTS ALL CANNOT TRAVEL BY PRIVATELY OWNED CONVEYANCE, AND SOME NECESSARILY TRAVEL BY COMMON CARRIER ON TRANSPORTATION REQUESTS, NO REASON IS PERCEIVED WHY THE OFFICER SHOULD NOT BE REIMBURSED FOR DEPENDENT TRAVEL PERFORMED BY PRIVATE CONVEYANCE COMPUTED WITHOUT REFERENCE TO THE VALUE OF THE TRANSPORTATION IN KIND FURNISHED FOR THE REMAINING DEPENDENTS.

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