B-116665, AUG 28, 1953

B-116665: Aug 28, 1953

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THERE WAS FORWARDED TO THIS OFFICE YOUR LETTER OF JULY 22. REQUESTING DECISION WHETHER PAYMENT IS LEGALLY AUTHORIZED ON A VOUCHER. COLONEL POTTER WAS RELIEVED FROM ASSIGNMENT AND DUTY AT HEADQUARTERS. THAT ON THE DATE THE OFFICER RECEIVED HIS CHANGE OF STATION ORDERS HIS SON WAS LOCATED AT PALO ALTO. AN OFFICER ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR. WAS ENTITLED TO TRANSPORTATION OF HIS DEPENDENT SON FROM THE PLACE WHERE THE SON WAS LOCATED WHEN HE WAS ORDERED TO HIS NEW DUTY STATION. SINCE IT APPEARS THAT COLONEL POTTER'S SON WAS FURNISHED TRANSPORTATION IN KIND (MILITARY PLANE) FROM PALO ALTO.

B-116665, AUG 28, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL WILSON HOOVER, FC, U. S. ARMY:

BY FIRST INDORSEMENT DATED AUGUST 14, 1953, OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, THERE WAS FORWARDED TO THIS OFFICE YOUR LETTER OF JULY 22, 1953, REQUESTING DECISION WHETHER PAYMENT IS LEGALLY AUTHORIZED ON A VOUCHER, TRANSMITTED THEREWITH, STATED IN FAVOR OF COLONEL WILLIS A. POTTER, 0-299742, JAGC, IN THE AMOUNT OF $24.90, REPRESENTING MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND FOR A DEPENDENT SON FROM AKRON, OHIO, TO WASHINGTON, D. C., INCIDENT TO THE OFFICER'S PERMANENT CHANGE OF STATION.

IT APPEARS FROM THE ENCLOSURES WITH YOUR LETTER THAT BY SPECIAL ORDERS NO. 94 DATED MAY 15, 1953, DEPARTMENT OF THE ARMY, WASHINGTON 25, D. C., COLONEL POTTER WAS RELIEVED FROM ASSIGNMENT AND DUTY AT HEADQUARTERS, FIFTH ARMY, CHICAGO, ILLINOIS, AND ASSIGNED TO DUTY AT THE PENTAGON, WASHINGTON, D. C.; THAT ON THE DATE THE OFFICER RECEIVED HIS CHANGE OF STATION ORDERS HIS SON WAS LOCATED AT PALO ALTO, CALIFORNIA, AND THAT THE SON ACTUALLY TRAVELED FROM PALO ALTO, CALIFORNIA, TO WASHINGTON, D. C., BETWEEN JUNE 28 AND JULY 1, 1953, BY MILITARY PLANE, FROM PALO ALTO, CALIFORNIA, TO AKRON, OHIO, AND BY PRIVATELY OWNED AUTOMOBILE FROM AKRON, OHIO, TO WASHINGTON, D.C.

UNDER THE PROVISIONS OF SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AND REGULATIONS ISSUED PURSUANT THERETO (CHAPTER 7, JOINT TRAVEL REGULATIONS), AN OFFICER ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND, FROM THE OLD STATION TO THE NEW PERMANENT STATION BY THE SHORTEST USUALLY TRAVELED ROUTE. THE SAID REGULATIONS ALSO AUTHORIZE THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED FROM OTHER THAN THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION, NOT TO EXCEED THE ENTITLEMENT FROM THE OLD TO THE NEW STATION. COLONEL POTTER, THEREFORE, WAS ENTITLED TO TRANSPORTATION OF HIS DEPENDENT SON FROM THE PLACE WHERE THE SON WAS LOCATED WHEN HE WAS ORDERED TO HIS NEW DUTY STATION, NOT TO EXCEED COST OF THE SON'S TRANSPORTATION FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION. HENCE, SINCE IT APPEARS THAT COLONEL POTTER'S SON WAS FURNISHED TRANSPORTATION IN KIND (MILITARY PLANE) FROM PALO ALTO, CALIFORNIA, TO AKRON, OHIO, A DISTANCE IN EXCESS OF THAT FROM CHICAGO, ILLINOIS, TO WASHINGTON, D. C., THERE IS NO BASIS FOR REIMBURSEMENT FOR THE FURTHER TRAVEL PERFORMED AT PERSONAL EXPENSE. ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER WHICH, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH RESPECT THERETO, WILL BE RETAINED IN THIS OFFICE.