B-123549, JUL. 22, 1955

B-123549: Jul 22, 1955

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YOUR STATION WAS CHANGED FROM WASHINGTON. YOUR DEPENDENTS WERE AUTHORIZED. YOU STATED THAT A PORT CALL NOTICE WAS RECEIVED BY YOUR DEPENDENTS AT TAKOMA PARK ON JULY 21. A COPY OF THAT NOTICE WAS NOT ATTACHED TO YOUR CLAIM. IS PRESUMED. THAT THEIR TRAVEL FROM DECATUR TO THE NEW YORK PORT OF EMBARKATION WAS PERFORMED ON AUGUST 5. YOU WERE ALLOWED THE SUM OF $27 FOR THEIR TRAVEL. PROVIDES THAT THE DEPENDENTS OF A MEMBER OF THE ARMED FORCES WHO ARE NOT AUTHORIZED TO TRAVEL TO THE NEW STATION AT THE TIME OF THE MEMBER'S DEPARTURE FROM THE OLD DUTY STATION. MAY BE TRANSPORTED AT GOVERNMENT EXPENSE FROM THE PLACE THEY ARE LOCATED UPON RECEIPT OF THE CHANGE-OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE.

B-123549, JUL. 22, 1955

TO COLONEL GEORGE R. HUNDT, USAF:

YOUR LETTER OF FEBRUARY 10, 1955, FORWARDED HERE BY THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, REQUESTS REVIEW OF SETTLEMENT DATED DECEMBER 21, 1954, OF YOUR CLAIM FOR A MONETARY ALLOWANCE FOR YOUR DEPENDENTS' TRAVEL INCIDENT TO PERMANENT CHANGE OF STATION ORDERS OF MARCH 26, 1954.

UNDER THE ORDERS OF MARCH 26, 1954, YOUR STATION WAS CHANGED FROM WASHINGTON, D.C., TO HEADQUARTERS, UNITED STATES AIR FORCES IN EUROPE. ORDERS OF HEADQUARTERS MILITARY DISTRICT OF WASHINGTON DATED JUNE 24, 1954, YOUR DEPENDENTS WERE AUTHORIZED, UPON CALL OF THE PORT COMMANDER, NEW YORK PORT OF EMBARKATION, TO PROCEED FROM TAKOMA PARK, MARYLAND, YOUR RESIDENCE WHILE STATIONED AT WASHINGTON, D.C., TO THE NEW YORK PORT OF EMBARKATION FOR MOVEMENT OVERSEAS TO YOUR NEW DUTY STATION. YOU STATED THAT A PORT CALL NOTICE WAS RECEIVED BY YOUR DEPENDENTS AT TAKOMA PARK ON JULY 21, 1954. A COPY OF THAT NOTICE WAS NOT ATTACHED TO YOUR CLAIM. IS PRESUMED, HOWEVER, THAT IT DIRECTED THAT YOUR DEPENDENTS REPORT AT THE NEW YORK PORT OF EMBARKATION ON OR SHORTLY AFTER AUGUST 5, 1954. YOU STATED FURTHER THAT YOUR DEPENDENTS TRAVELED FROM WASHINGTON, D.C., TO THE HOME OF YOUR WIFE'S PARENTS AT DECATUR, ALABAMA, ON JULY 22, 1954, THE DAY AFTER RECEIVING THEIR PORT CALL, AND THAT THEIR TRAVEL FROM DECATUR TO THE NEW YORK PORT OF EMBARKATION WAS PERFORMED ON AUGUST 5, 1954. YOUR CLAIM COVERED THE TRAVEL FROM WASHINGTON TO DECATUR AND THENCE TO THE NEW YORK PORT OF EMBARKATION IN THE SETTLEMENT OF DECEMBER 21, 1954, YOU WERE ALLOWED THE SUM OF $27 FOR THEIR TRAVEL, THAT AMOUNT REPRESENTING THE MONETARY ALLOWANCE AUTHORIZED FOR TRAVEL FROM WASHINGTON, D.C., DIRECTLY TO THE NEW YORK PORT OF EMBARKATION.

PARAGRAPH 7008-3 OF THE JOINT TRAVEL REGULATIONS, WHICH YOU QUOTED IN SUPPORT OF YOUR CLAIM, PROVIDES THAT THE DEPENDENTS OF A MEMBER OF THE ARMED FORCES WHO ARE NOT AUTHORIZED TO TRAVEL TO THE NEW STATION AT THE TIME OF THE MEMBER'S DEPARTURE FROM THE OLD DUTY STATION, ON HIS PERMANENT CHANGE OF STATION FROM A POINT IN THE UNITED STATES TO A POINT OUTSIDE THE UNITED STATES, MAY BE TRANSPORTED AT GOVERNMENT EXPENSE FROM THE PLACE THEY ARE LOCATED UPON RECEIPT OF THE CHANGE-OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE. THE COST OF SUCH TRAVEL MAY NOT EXCEED THE COST FROM THE OLD PERMANENT STATION TO SUCH DESIGNATED PLACE. WHEN TRAVEL TO THE OVERSEAS DESTINATION IS PERMITTED TRAVEL IS AUTHORIZED FROM THE DESIGNATED PLACE TO THE NEW DUTY STATION VIA THE APPROPRIATE PORT OF EMBARKATION. SUCH REGULATION CONTEMPLATES THE AUTHORIZATION OF TRANSPORTATION TO A PLACE OTHER THAN THE NEW STATION ONLY UNDER CIRCUMSTANCES WHERE TRAVEL TO THE NEW STATION WILL BE DELAYED FOR AN EXTENDED AND INDEFINITE PERIOD SO THAT AN INTERIM RESIDENCE MIGHT BE ESTABLISHED FOR THE DEPENDENTS WHILE AWAITING AUTHORIZATION TO PROCEED TO THE NEW STATION. SEE PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS. THE TRAVEL OF YOUR DEPENDENTS FROM WASHINGTON TO DECATUR, PERFORMED AFTER RECEIPT OF NOTICE THAT THEY WERE TO PROCEED TO THE NEW YORK PORT OF EMBARKATION WITHIN THE PERIOD OF APPROXIMATELY TWO WEEKS FOR TRANSPORTATION OVERSEAS TO THE NEW DUTY STATION, CLEARLY WAS NOT FOR THE PURPOSE OF ESTABLISHING TEMPORARY RESIDENCE AT DECATUR TO AWAIT FURTHER ORDERS WITHIN THE CONTEMPLATION OF THE REGULATIONS. CONSEQUENTLY, IT IS CONCLUDED THAT YOU WERE ENTITLED TO YOUR DEPENDENTS' TRANSPORTATION AT GOVERNMENT EXPENSE ONLY FROM WASHINGTON, D.C., DIRECTLY TO NEW YORK PORT OF EMBARKATION ON THE BASIS ALLOWED IN THE SETTLEMENT OF DECEMBER 21, 1954. ACCORDINGLY, THAT SETTLEMENT IS SUSTAINED.