B-116900, OCTOBER 9, 1953, 33 COMP. GEN. 160

B-116900, OCTOBER 9, 1953, 33 COMP. GEN. 160

TRANSPORTATION - DEPENDENTS - MILITARY, NAVAL, ETC., PERSONNEL - DEBARMENT FROM NEW DUTY STATIONS - CONCURRENT TRAVEL SUBSEQUENTLY AUTHORIZED PRIOR TO MEMBER'S DEPARTURE AN ARMY OFFICER TRANSFERRED OVERSEAS, WHOSE DEPENDENT WIFE WAS AUTHORIZED TO TRAVEL TO THE OVERSEAS STATION AT THE SAME TIME AS THE OFFICER, IS NOT ENTITLED UNDER PARAGRAPHS 7008-2 AND 7008-3 JOINT TRAVEL REGULATIONS, TO REIMBURSEMENT FOR THE COST OF TRANSPORTING WIFE FROM OLD STATION TO A DESIGNATED PLACE IN THE UNITED STATES AND THENCE TO THE PORT OF EMBARKATION, BUT IS LIMITED TO THE COST OF TRAVEL FROM THE OLD STATION TO THE EMBARKATION PORT EVEN THOUGH THE OFFICER WAS ORIGINALLY ADVISED THAT CONCURRENT TRAVEL FOR DEPENDENT WIFE COULD NOT BE AUTHORIZED.

COMPTROLLER GENERAL WARREN TO LIEUTENANT COLONEL F. E. BARR, DEPARTMENT OF THE ARMY, OCTOBER 9, 1953:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY SECOND ENDORSEMENT DATED AUGUST 31, 1953, YOUR LETTER OF AUGUST 10, 1953, TRANSMITTING A VOUCHER IN FAVOR OF LIEUTENANT JOHN R. TAPIA (0947809) IN THE SUM OF $325.26 AS MONETARY ALLOWANCE FOR HIS WIFE'S TRAVEL FROM FORT KNOX, KENTUCKY, TO LOS ANGELES, CALIFORNIA, THENCE TO FORT HAMILTON, NEW YORK, PORT OF EMBARKATION, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY PARAGRAPH 24, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 17 DATED JANUARY 27, 1953, THE OFFICER WAS RELIEVED FROM ASSIGNMENT AT FORT KNOX, KENTUCKY, AND TRANSFERRED TO CAMP KILMER, NEW JERSEY, EFFECTIVE MAY 13, 1953, FOR SHIPMENT TO FORT AMADOR, CANAL ZONE, WITH 30 DAYS DELAY TO COUNT AS LEAVE. BY FORM LETTER OF FEBRUARY 9, 1953, HEADQUARTERS, UNITED STATES ARMY, CARIBBEAN, FORT AMADOR, CANAL ZONE, WHICH EVIDENTLY DID NOT RELATE SPECIFICALLY TO AN APPLICATION BY THE OFFICER, HE WAS ADVISED THAT HOUSING FOR DEPENDENTS WAS CRITICALLY SHORT IN THE CANAL ZONE, AND THAT CONCURRENT TRAVEL FOR HIS DEPENDENT COULD NOT BE AUTHORIZED. HOWEVER, BY LETTER OF MAY 15, 1953, HEADQUARTERS, UNITED STATES ARMY, CARIBBEAN, ADDRESSED TO THE MEMBER AT FORT KNOX, HE WAS ADVISED THAT DUE TO UNEXPECTED EVACUATION OF PERSONNEL AND AVAILABILITY OF QUARTERS, COORDINATED TRAVEL IN HIS CASE WAS AUTHORIZED. BY HEADQUARTERS SECOND ARMY TRAVEL AUTHORIZATION OF DEPENDENTS NO. 538, DATED MAY 28, 1953, HIS WIFE (ADDRESS SHOWN AS FORT KNOX, KENTUCKY) WAS DIRECTED UPON CALL OF THE PORT COMMANDER TO PROCEED TO A PORT OF EMBARKATION FOR FURTHER TRANSPORTATION TO THE OVERSEAS STATION. BY PARAGRAPH 30, SPECIAL ORDERS NO. 141, DATED JUNE 15, 1953, THE MEMBER WAS TRANSFERRED FROM CAMP KILMER, NEW JERSEY, TO FORT HAMILTON, NEW YORK FOR CONCURRENT TRAVEL TO HIS OVERSEAS STATION.

THE OFFICER HAS CERTIFIED THAT HIS DEPENDENT COMMENCED TRAVEL FROM FORT KNOX ON APRIL 10, 1953, THE DATE ON WHICH HE PRESUMABLY DEPARTED HIS OLD DUTY STATION IN A LEAVE STATUS AND ARRIVED AT LOS ANGELES ON APRIL 15, 1953, AND THAT SHE TRAVELED FROM LOS ANGELES TO FORT CLAYTON, CANAL ZONE, VIA FORT HAMILTON, NEW YORK, PORT OF EMBARKATION, JUNE 10 TO 29, 1953, FOR ALL OF WHICH HE HAS BEEN PAID $54 REPRESENTING ALLOWANCE AS FOR DEPENDENT TRAVEL FROM FORT KNOX TO FORT HAMILTON. YOUR QUESTION IS WHETHER YOU NOW MAY PAY THE OFFICER TRAVEL ALLOWANCE FOR SUCH TRAVEL FROM FORT KNOX TO LOS ANGELES UNDER AUTHORITY OF PARAGRAPH 7008-3 OF THE JOINT TRAVEL REGULATIONS, AND FROM LOS ANGELES TO FORT HAMILTON UNDER PARAGRAPH 7008-2A OF SAID REGULATIONS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION FOR DEPENDENTS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 7008-2A AND B, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SAID ACT, PROVIDES THAT IRRESPECTIVE OF WHETHER TRAVEL IN FACT IS PERFORMED CONCURRENTLY WHERE THE DEPENDENTS ARE AUTHORIZED TO TRAVEL AT THE SAME TIME THE MEMBER TRAVELS TO THE OVERSEAS STATION THE MEMBER SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE POINT WHERE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF CHANGE OF STATION ORDERS TO THE PORT OF EMBARKATION, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO THE PORT. PARAGRAPH 7008-3, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE PLACE WHERE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO SUCH DESIGNATED PLACE, AND LATER FROM SUCH DESIGNATED PLACE TO THE MEMBER'S OVERSEAS STATION VIA THE APPROPRIATE PORT OF EMBARKATION. THUS, WHERE OFFICERS ARE ORDERED OVERSEAS ON A PERMANENT CHANGE OF STATION WITH NO PROHIBITION AGAINST THEIR DEPENDENTS ACCOMPANYING THEM TO THEIR NEW STATION, THE TRANSPORTATION FOR DEPENDENTS WITHIN CONTINENTAL UNITED STATES TO WHICH THEY ARE ENTITLED INCIDENT TO SUCH ORDERS IS LIMITED TO TRAVEL FROM OLD STATION TO THE PORT OF EMBARKATION, AND WHERE THE ORDERS ARE TO A STATION AT WHICH DEPENDENTS ARE NOT PERMITTED, OR TO WHICH THEY MAY NOT TRAVEL UNTIL AFTER THE OFFICERS' ARRIVAL THEREAT, THEY ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE OLD STATION TO SUCH PLACE AS THE OFFICER MAY DESIGNATE AND FROM THAT PLACE TO THE NEW STATION UPON RECEIPT OF PROPER AUTHORIZATION. THE ADDITIONAL TRANSPORTATION AUTHORIZED IN CASES WHERE DEPENDENTS ARE NOT PERMITTED TO ACCOMPANY OFFICERS TO THEIR NEW STATION IS FOR THE PURPOSE OF TRAVEL TO THE PLACE WHERE THE DEPENDENTS WILL RESIDE DURING THE PERIOD OF SEPARATION, AND WHETHER TRAVEL PERFORMED WAS TO SUCH PLACE CAN BE ESTABLISHED ONLY BY THE FACT OF SEPARATION. HENCE, WHILE UNDER THE PROVISION OF SAID PARAGRAPH 7008-3 AN OFFICER'S DEPENDENTS ARE NOT REQUIRED TO REMAIN AT HIS OLD STATION OR, IF NOT AT HIS STATION, AT THE PLACE WHERE THEY WERE LOCATED UPON RECEIPT OF THE CHANGE OF STATION ORDERS, UNTIL HIS DEPARTURE FROM CONTINENTAL UNITED STATES, THE CONCLUSION APPEARS REQUIRED THAT THE TRAVEL TO THE OVERSEAS STATION AS PERFORMED, THAT IS, CONCURRENTLY WITH THAT OF THE OFFICER, OR SEPARATELY BECAUSE TRAVEL CONCURRENT WITH THAT OF THE OFFICER WAS PROHIBITED, IS DETERMINATIVE OF THE EXTENT OF THE ENTITLEMENT OF AN OFFICER TO TRANSPORTATION OF HIS DEPENDENTS FOR TRAVEL PERFORMED BY THEM WHILE HE IS IN A LEAVE STATUS OR ON TEMPORARY DUTY AT OR NEAR THE PORT OF EMBARKATION AWAITING TRANSPORTATION.

IN THE PRESENT CASE, SINCE THE WIFE WAS AUTHORIZED TO AND DID TRAVEL TO THE OVERSEAS STATION AT THE SAME TIME AS THE MEMBER, FOR WHICH HE HAS BEEN REIMBURSED ON THE BASIS OF THE DISTANCE FROM THE OLD STATION TO THE PORT OF EMBARKATION, NO FURTHER PAYMENT IS AUTHORIZED. ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS WILL BE RETAINED IN THIS OFFICE.