B-116809, JAN 4, 1954

B-116809: Jan 4, 1954

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RA (6706627): REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13. WHILE YOU WERE STATIONED IN ALASKA. WHILE THE ORDERS DIRECTING YOUR RETURN TO THE UNITED STATES HAVE NOT BEEN FURNISHED. YOU WERE ASSIGNED TO PERMANENT DUTY AT FORT ORD BY ORDERS DATED NOVEMBER 23. SINCE TRAVEL TO THE UNITED STATES WAS NOT PERFORMED UNTIL SEPTEMBER 29. IT IS ASSUMED THAT THE ORDERS DIRECTING THAT TRAVEL WERE NOT ISSUED WHEN YOUR DEPENDENTS WENT TO SEASIDE AND IT WAS ON THAT PREMISE THAT YOUR CLAIM WAS DISALLOWED. EXPRESS THE OPINION THAT PAYMENT OF YOUR CLAIM IS AUTHORIZED BY PARAGRAPH 7000-11. THE REGULATION ON WHICH YOU RELY PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION EXCEPT WHERE DEPENDENTS TRAVEL PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY "A CERTIFICATE OF THE COMMANDING OFFICER.

B-116809, JAN 4, 1954

PRECIS-UNAVAILABLE

EDWARD F. LAWTON, SERGEANT, RA (6706627):

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 7, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FEURA BUSH, NEW YORK, TO SEASIDE, CALIFORNIA.

YOUR DEPENDENTS (WIFE AND TWO CHILDREN) TRAVELED BETWEEN THE POINTS INDICATED DURING THE PERIOD JUNE 10 TO 20, 1951 (LATER STATED BY YOU AS AUGUST 20, 1951), WHILE YOU WERE STATIONED IN ALASKA. WHILE THE ORDERS DIRECTING YOUR RETURN TO THE UNITED STATES HAVE NOT BEEN FURNISHED, THE RECORD SHOWS THAT YOU ARRIVED AT FORT LAWTON, WASHINGTON, ON SEPTEMBER 29, 1951, AND THAT FOLLOWING TEMPORARY DUTY AT FORT LAWTON, CAMP ROBERTS, AND FORT ORD, CALIFORNIA, YOU WERE ASSIGNED TO PERMANENT DUTY AT FORT ORD BY ORDERS DATED NOVEMBER 23, 1951. SINCE TRAVEL TO THE UNITED STATES WAS NOT PERFORMED UNTIL SEPTEMBER 29, 1951, IT IS ASSUMED THAT THE ORDERS DIRECTING THAT TRAVEL WERE NOT ISSUED WHEN YOUR DEPENDENTS WENT TO SEASIDE AND IT WAS ON THAT PREMISE THAT YOUR CLAIM WAS DISALLOWED. IN YOUR REQUEST FOR REVIEW YOU STATE THAT YOU UNDERSTOOD YOU WOULD BE STATIONED AT FORT ORD UPON YOUR RETURN TO THE UNITED STATES, AND EXPRESS THE OPINION THAT PAYMENT OF YOUR CLAIM IS AUTHORIZED BY PARAGRAPH 7000-11, JOINT TRAVEL REGULATIONS.

THE REGULATION ON WHICH YOU RELY PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION EXCEPT WHERE DEPENDENTS TRAVEL PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY "A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED." SUCH A CERTIFICATE HAS NOT BEEN FURNISHED IN YOUR CASE NOR HAS ANY INFORMATION BEEN DISCLOSED WHICH WOULD INDICATE THAT SUCH A CERTIFICATE WOULD BE APPROPRIATE. THEREFORE, ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.