B-117174, MAR 8, 1954

B-117174: Mar 8, 1954

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USAF: REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 2 AND NOVEMBER 9. WHILE YOU WERE ABSENT DURING A PERIOD OF TRAINING AND MANEUVERS IN ENGLAND. WAS VIA KANSAS CITY FOR THE PURPOSE OF TAKING YOUR DEPENDENTS WITH YOU TO MATHER AIR FORCE BASE. WHERE THEY WERE LOCATED WHEN ORDERS OF JULY 11. WERE ISSUED REASSIGNING YOU TO DUTY AT THAT PLACE ON A PERMANENT CHANGE OF STATION. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT PERMANENT CHANGE OF STATION ORDERS HAD NOT BEEN ISSUED WHEN YOUR DEPENDENTS TRAVELED TO YOUR NEW STATION. SAID PARAGRAPH 7056 STATES THAT WHEN DEPENDENTS ARE TEMPORARILY ABSENT FROM THE OLD PERMANENT STATION AT THE TIME THE MEMBER RECEIVES PERMANENT CHANGE OF STATION ORDERS HE IS ENTITLED TO THE MOVEMENT OF HIS DEPENDENTS FROM THE OLD STATION TO THE NEW STATION.

B-117174, MAR 8, 1954

PRECIS-UNAVAILABLE

LIEUTENANT CLAIR H. PETERSON, USAF:

REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 2 AND NOVEMBER 9, 1953, AND JANUARY 4, 1954, RELATIVE TO SETTLEMENT DATED AUGUST 20, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR DEPENDENTS' TRANSPORTATION FROM YOUR OLD STATION AT HUNTER AIR FORCE BASE, SAVANNAH, GEORGIA, TO YOUR NEW PERMANENT STATION AT MATHER AIR FORCE BASE, CALIFORNIA.

IT APPEARS THAT YOUR DEPENDENTS (WIFE AND MINOR CHILD) TRAVELED FROM YOUR STATION AT HUNTER AIR FORCE BASE, GEORGIA, TO YOUR HOME AT KANSAS CITY, MISSOURI, IN APRIL 1951, WHILE YOU WERE ABSENT DURING A PERIOD OF TRAINING AND MANEUVERS IN ENGLAND. FOLLOWING A FURTHER PERIOD OF TEMPORARY DUTY AT ELLINGTON AIR FORCE BASE, TEXAS, YOU TRAVELED FROM THAT STATION TO MATHER AIR FORCE BASE PURSUANT TO TEMPORARY DUTY ORDERS OF SEPTEMBER 11, 1951. THE LATTER TRAVEL, BY PRIVATELY OWNED CONVEYANCE, WAS VIA KANSAS CITY FOR THE PURPOSE OF TAKING YOUR DEPENDENTS WITH YOU TO MATHER AIR FORCE BASE, WHERE THEY WERE LOCATED WHEN ORDERS OF JULY 11, 1952, WERE ISSUED REASSIGNING YOU TO DUTY AT THAT PLACE ON A PERMANENT CHANGE OF STATION.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT PERMANENT CHANGE OF STATION ORDERS HAD NOT BEEN ISSUED WHEN YOUR DEPENDENTS TRAVELED TO YOUR NEW STATION. YOU NOW STATE THAT THEY LATER TRAVELED FROM MATHER AIR FORCE BASE TO HUNTER AIR FORCE BASE, AND RETURN, AND YOU REFER TO PARAGRAPH 7056, JOINT TRAVEL REGULATIONS, AS A POSSIBLE BASIS FOR THE PAYMENT OF YOUR CLAIM.

SAID PARAGRAPH 7056 STATES THAT WHEN DEPENDENTS ARE TEMPORARILY ABSENT FROM THE OLD PERMANENT STATION AT THE TIME THE MEMBER RECEIVES PERMANENT CHANGE OF STATION ORDERS HE IS ENTITLED TO THE MOVEMENT OF HIS DEPENDENTS FROM THE OLD STATION TO THE NEW STATION, PROVIDED THE DEPENDENTS RETURN TO THE OLD STATION AND PERFORM THE TRAVEL FROM THE OLD TO THE NEW STATION. SUCH REGULATIONS WERE ISSUED UNDER AUTHORITY CONTAINED IN SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, WHICH PERMITS THE FURNISHING OF TRANSPORTATION AT GOVERNMENT EXPENSE TO DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION. THE PRIMARY PURPOSE OF THE REGULATIONS GOVERNING THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE AS EXPRESSED IN PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, IS TO KEEP THE MEMBER AND HIS DEPENDENTS TOGETHER. THE RIGHT WHICH NORMALLY ACCRUES TO AN OFFICER WHO TRANSPORTS HIS DEPENDENTS AT PERSONAL EXPENSE UPON BEING ORDERED TO MAKE A PERMANENT CHANGE OF STATION IS TO REIMBURSEMENT FOR SUCH TRAVEL, COMPUTED ON THE BASIS OF TRAVEL FROM THE PLACE WHERE HIS DEPENDENTS WERE LOCATED WHEN CHANGE OF STATION ORDERS WERE RECEIVED TO THE NEW STATION, NOT TO EXCEED THE COST HAD THE TRAVEL BEEN FROM THE OLD TO THE NEW STATION. HENCE, PARAGRAPH 7056 OF THE JOINT TRAVEL REGULATIONS MUST BE REGARDED AS INTENDED ONLY TO AFFORD AN OFFICER WHOSE DEPENDENTS ARE RESIDING AT HIS STATION, BUT ARE TEMPORARILY AWAY FROM SUCH HOME WHEN CHANGE OF STATION ORDERS ARE RECEIVED, AN OPPORTUNITY TO ACCOMPLISH THE CHANGE TO HIS NEW STATION, INCLUDING THE MOVEMENT OF HIS DEPENDENTS, IN THE SAME MANNER AS OFFICERS WHOSE DEPENDENTS ARE PRESENT AT THE OLD STATION WHEN A PERMANENT CHANGE OF STATION IS ORDERED.

SINCE YOUR DEPENDENTS HAD TRAVELED AND WERE PRESENT AT MATHER AIR FORCE BASE WHEN THAT PLACE BECAME YOUR PERMANENT STATION, NO RIGHT TO REIMBURSEMENT FOR THEIR INITIAL TRAVEL ACCRUED UPON ISSUANCE OF THE ORDERS ASSIGNING YOU TO PERMANENT STATION THERE. NOR DO SUCH ORDERS AFFORD ANY BASIS FOR NOW REIMBURSING YOU, AS FOR TRAVEL INCIDENT TO PERMANENT CHANGE OF STATION, FOR THEIR SUBSEQUENT TRAVEL FROM OR THROUGH SAVANNAH LONG AFTER HUNTER AIR FORCE BASE AT THAT PLACE HAD CEASED TO BE YOUR STATION.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 20, 1953, IS SUSTAINED.