B-118552, APRIL 15, 1954, 33 COMP. GEN. 458

B-118552, APRIL 15, 1954, 33 COMP. GEN. 458

ORDERS - MILITARY, NAVAL, ETC., PERSONNEL - TRAVEL - EFFECTIVE DATE THE EFFECTIVE DATE OF AN ORDER, WHICH DIRECTS A PERMANENT CHANGE OF DUTY STATION AND WHICH AUTHORIZES LEAVE EN ROUTE IN ADDITION TO PROCEED TIME AND TRAVEL TIME IS DETERMINED BY ADDING TO THE DATE OF DETACHMENT THE PROCEED TIME AND AUTHORIZED DELAY SO THAT AN OFFICER WHO WAS MARRIED SUBSEQUENT TO THE EXPIRATION OF THE AUTHORIZED DELAY EN ROUTE, BUT PRIOR TO THE EXPIRATION OF THE ,PROCEED TIME," IS ENTITLED TO REIMBURSEMENT OF TRAVEL EXPENSES FOR DEPENDENT WIFE.

ACTING COMPTROLLER GENERAL WEITZEL TO MAJOR W. O. ADAMS, UNITED STATES MARINE CORPS, APRIL 15, 1954:

BY FIRST ENDORSEMENT OF JANUARY 26, 1954, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF OCTOBER 28, 1953, REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUBMITTED VOUCHER, COVERING REIMBURSEMENT FOR THE TRAVEL OF THE DEPENDENT WIFE OF SECOND LIEUTENANT DONALD J. CINCOTTA, U.S.M.C., FROM WOODHAVEN, NEW YORK, TO OCEANSIDE, CALIFORNIA, NOT TO EXCEED FROM QUANTICO, VIRGINIA, TO CAMP PENDLETON, CALIFORNIA.

BY ORDERS OF DECEMBER 17, 1952, FROM THE COMMANDANT OF THE MARINE CORPS, THE OFFICER WAS DIRECTED TO PROCEED UPON DETACHMENT FROM QUANTICO TO CAMP PENDLETON, CALIFORNIA, AND REPORT FOR DUTY, THE ORDERS STATING THAT IN ADDITION TO PROCEED TIME AND TRAVEL TIME, 10 DAYS' DELAY IN REPORTING WAS AUTHORIZED, SUCH DELAY TO BE CHARGEABLE AS LEAVE. THE FIRST ENDORSEMENT ON THE ORDERS SHOWS THAT HE WAS DETACHED ON DECEMBER 21, 1952. HE STATES THAT HE WAS MARRIED ON JANUARY 3, 1953, AT WOODHAVEN, AND THAT HIS WIFE TRAVELED TO OCEANSIDE BY PRIVATELY OWNED CONVEYANCE DURING THE PERIOD JANUARY 4 TO 15, 1953.

PARAGRAPH 7060-1, JOINT TRAVEL REGULATIONS, STATES THAT THE DETERMINING FACTOR WITH RESPECT TO ENTITLEMENT TO TRANSPORTATION OF A DEPENDENT WIFE AT GOVERNMENT EXPENSE WHEN THE DATE OF MARRIAGE IS FOR CONSIDERATION, IS WHETHER THE MARRIAGE WAS PRIOR OR SUBSEQUENT TO "THE EFFECTIVE DATE" OF AN ORDER DIRECTING A PERMANENT CHANGE OF STATION, AND SUBPARAGRAPH 2 STATES THAT WHERE LEAVE IS GRANTED IN CONNECTION WITH AN ORDERED CHANGE OF STATION, TRANSPORTATION IS AUTHORIZED IF THE MARRIAGE WAS BEFORE THE "EFFECTIVE DATE" OF THE ORDERS. PARAGRAPH 3003 1B, PROVIDES THAT "WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDER, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF ORDERS.' PROCEED TIME IS DEFINED IN PARAGRAPH 1150-8 OF SAID REGULATIONS, AS BEING AN INTERVAL SUBSEQUENT TO DETACHMENT WHICH IS EXCLUSIVE OF ANY AUTHORIZED DELAY AND IS IN ADDITION TO THE NECESSARY TRAVEL TIME REQUIRED TO REPORT TO THE FIRST STATION NAMED IN THE TRAVEL ORDERS.

THIS OFFICE HAS HELD IN A NUMBER OF DECISIONS THAT THE EFFECTIVE DATE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION IS THE DATE ON WHICH TRAVEL IS REQUIRED TO BE COMMENCED IN ORDER TO COMPLY WITH SUCH ORDERS. SINCE NO TRAVEL ACTUALLY IS REQUIRED UNTIL BOTH LEAVE AND PROCEED TIME HAVE EXPIRED, THE DECISIONS OF THIS OFFICE RENDERED PRIOR TO THE JOINT TRAVEL REGULATIONS REGARDED LEAVE AND PROCEED TIME AS BEING IN THE SAME CATEGORY, IN THAT BOTH MUST BE ADDED TO THE DATE OF DETACHMENT IN ORDER TO DETERMINE THE EFFECTIVE DATE OF TRAVEL ORDERS. PARAGRAPH 8100, MARINE CORPS MANUAL, STATES THAT BOTH PROCEED TIME AND LEAVE PRECEDE TRAVEL TIME.

THE JOINT TRAVEL REGULATIONS WERE PROMULGATED UNDER AUTHORITY CONTAINED IN SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, WHICH DOES NOT MENTION PROCEED TIME. WHILE PARAGRAPH 3003 1B OF THE JOINT TRAVEL REGULATIONS REQUIRES THAT THE AMOUNT OF LEAVE BE ADDED TO THE DATE OF DETACHMENT TO DETERMINE THE EFFECTIVE DATE OF ORDERS, THE FAILURE TO MENTION PROCEED TIME IN THAT CONNECTION DID NOT DISPOSE OF THE PROBLEM RELATING TO THE EFFECT OF PROCEED TIME ON THE EFFECTIVE DATE OF ORDERS. IT SEEMS PROBABLE THAT PROCEED TIME WAS NOT MENTIONED IN PARAGRAPH 3003-1B BECAUSE THAT PARAGRAPH IS APPLICABLE TO ALL THE UNIFORM SERVICES WHEREAS NOT ALL OF SUCH SERVICES HAVE AUTHORIZED PROCEED TIME. BUT, HOWEVER THAT MAY BE, THE FACT REMAINS THAT AN OFFICER IS NOT REQUIRED TO COMMENCE TRAVEL BEFORE THE EXPIRATION OF PROCEED TIME AND IT FOLLOWS THAT TRAVEL ORDERS MAY NOT BE REGARDED AS BECOMING EFFECTIVE PRIOR TO THAT TIME.

IT APPEARS THAT THE 4 DAYS' PROCEED TIME AND 10 DAYS' LEAVE HAD NOT EXPIRED ON JANUARY 3, 1953, DATE OF LIEUTENANT CINCOTTA'S MARRIAGE AND, SINCE IT THUS APPEARS THAT HE WAS MARRIED BEFORE THE EFFECTIVE DATE OF HIS ORDERS, HE WAS ENTITLED TO HAVE HIS WIFE TRANSPORTED TO HIS NEW STATION AT GOVERNMENT EXPENSE. ACCORDINGLY, PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.