B-116722, NOV 18, 1953

B-116722: Nov 18, 1953

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WAS AN ENROLLEE IN ORDNANCE OFFICERS' CANDIDATE SCHOOL - A COURSE OF INSTRUCTION OF NOT LESS THAN 20 WEEKS' DURATION - AT ABERDEEN PROVING GROUND. WHEN HE WAS DISCHARGED ON NOVEMBER 21. FOLLOWING A PERIOD OF TEMPORARY DUTY AT ABERDEEN PROVING GROUND AS A COMMISSIONED OFFICER HE WAS ORDERED ON PERMANENT CHANGE OF STATION TO DUTY AT SEATTLE PORT OF EMBARKATION. YOUR QUESTION AS TO WHETHER PAYMENT ON THE PRESENT VOUCHER IS AUTHORIZED ARISES FROM PARAGRAPH 7053. WHICH PROVIDES THAT WHEN A MEMBER CALLED TO ACTIVE DUTY IS FIRST ASSIGNED TO A TEMPORARY DUTY STATION AND IS SUBSEQUENTLY ORDERED TO MAKE A PERMANENT CHANGE OF STATION. HE IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED TO THE PERMANENT STATION.

B-116722, NOV 18, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL F. W. BAEHR, U. S. ARMY:

THERE HAS BEEN RECEIVED BY FIRST INDORSEMENT DATED AUGUST 18, 1953, YOUR LETTER OF JULY 31, 1953, TRANSMITTING FOR ADVANCE DECISION A VOUCHER IN FAVOR OF SECOND LIEUTENANT RICHARD R. WADE, IN THE SUM OF $83.64, REPRESENTING MONETARY ALLOWANCE FOR HIS WIFE'S TRAVEL FROM ABERDEEN, MARYLAND, TO SEATTLE, WASHINGTON, LESS THE AMOUNT OF $97.26 PREVIOUSLY PAID TO HIM.

CLAIMANT, THEN AN ENLISTED MAN, REGULAR ARMY, WAS AN ENROLLEE IN ORDNANCE OFFICERS' CANDIDATE SCHOOL - A COURSE OF INSTRUCTION OF NOT LESS THAN 20 WEEKS' DURATION - AT ABERDEEN PROVING GROUND, MARYLAND, WHEN HE WAS DISCHARGED ON NOVEMBER 21, 1952, TO ACCEPT A COMMISSION AS SECOND LIEUTENANT, ORDNANCE CORPS, USAR, ON NOVEMBER 22, 1952. FOLLOWING A PERIOD OF TEMPORARY DUTY AT ABERDEEN PROVING GROUND AS A COMMISSIONED OFFICER HE WAS ORDERED ON PERMANENT CHANGE OF STATION TO DUTY AT SEATTLE PORT OF EMBARKATION, SEATTLE, WASHINGTON, BY ORDERS DATED FEBRUARY 5, 1953, AT WHICH TIME HE HAD A WIFE AT ABERDEEN PROVING GROUND, FOR WHOSE TRANSPORTATION FROM ABERDEEN, MARYLAND, TO SEATTLE, WASHINGTON, HE NOW CLAIMS REIMBURSEMENT, LESS THE AMOUNT PREVIOUSLY PAID HIM FOR THE DISTANCE FROM CHOKIO, MINNESOTA, HIS HOME OF RECORD, TO SEATTLE. YOUR QUESTION AS TO WHETHER PAYMENT ON THE PRESENT VOUCHER IS AUTHORIZED ARISES FROM PARAGRAPH 7053, JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT WHEN A MEMBER CALLED TO ACTIVE DUTY IS FIRST ASSIGNED TO A TEMPORARY DUTY STATION AND IS SUBSEQUENTLY ORDERED TO MAKE A PERMANENT CHANGE OF STATION, HE IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED TO THE PERMANENT STATION, PROVIDED THAT ENTITLEMENT WILL NOT EXCEED THAT FROM HIS HOME TO THE PERMANENT STATION.

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ABOVE PAY GRADE E-4 ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON A PERMANENT CHANGE OF STATION INCLUDING ASSIGNMENTS TO AND FROM SCHOOLS IF THE COURSE OF INSTRUCTION IS OF NOT LESS THAN 20 WEEKS' DURATION. PARAGRAPH 7053 OF SAID REGULATIONS, TO WHICH YOU REFER, IS FOR APPLICATION IN THE CASE OF MEMBERS NOT ON ACTIVE DUTY AND FIRST ASSIGNED A TEMPORARY DUTY STATION AND LATER A PERMANENT DUTY STATION. CLAIMANT WAS IN AN ACTIVE DUTY STATUS WHEN ORDERED FROM FORT KNOX, KENTUCKY, TO ABERDEEN PROVING GROUND. HENCE, THE PERIOD OF TEMPORARY DUTY AS AN OFFICER AT ABERDEEN, HIS LAST PERMANENT STATION IMMEDIATELY PRECEDING HIS DEPARTURE FOR HIS NEW PERMANENT STATION IN NO WAY AFFECTS HIS RIGHT TO TRANSPORTATION OF HIS DEPENDENT FROM ABERDEEN,, MARYLAND TO SEATTLE, WASHINGTON.

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