B-123585, AUG. 18, 1955

B-123585: Aug 18, 1955

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SERGEANT CHINI WAS RELEASED FROM ASSIGNMENT AT MONTGOMERY. HE WAS APPOINTED A SECOND LIEUTENANT EFFECTIVE JUNE 18. HE WAS RELEASED FROM SUCH ASSIGNMENT AND ASSIGNED TO DUTY AT PERRIN AIR FORCE BASE. IN YOUR LETTER YOU SAY THAT PAYMENT OF THE VOUCHER HAS BEEN DENIED ON THE BASIS THAT THE TRAVEL OF THE DEPENDENT WAS NOT FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE SINCE THE TRAVEL WAS PERFORMED SO NEAR THE TIME OF THE MEMBER'S GRADUATION FROM OFFICER CANDIDATE SCHOOL. IT WAS HELD IN 33 COMP. IS NOT AUTHORIZED AT GOVERNMENT EXPENSE. THAT TRAVEL WAS AUTHORIZED AT GOVERNMENT EXPENSE UNDER PROPER CONDITIONS BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SUBSECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

B-123585, AUG. 18, 1955

TO LIEUTENANT COLONEL L. A. POOLE, FINANCE OFFICER, DEPARTMENT OF THE AIR FORCE:

YOUR LETTER OF FEBRUARY 23, 1955, REQUESTED AN ADVANCE DECISION ON A VOUCHER STATED IN FAVOR OF TECHNICAL SERGEANT LOUIS E. CHINI, AF 15273125, FOR REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENT (WIFE) FROM SEWICKLEY, PENNSYLVANIA, TO SAN ANTONIO, TEXAS, BETWEEN JUNE 7 AND 10, 1954.

BY PARAGRAPH 9, SPECIAL ORDERS NO. 220, DATED NOVEMBER 12, 1953, SERGEANT CHINI WAS RELEASED FROM ASSIGNMENT AT MONTGOMERY, ALABAMA, WITH DUTY STATION AT PITTSBURGH, PENNSYLVANIA, AND ASSIGNED TO LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, TO ATTEND OFFICER CANDIDATE SCHOOL FOR A SCHEDULED COURSE OF APPROXIMATELY SIX MONTHS, WHICH ORDERS DIRECTED A PERMANENT CHANGE OF STATION FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS. BY ORDERS DATED MAY 26, 1954, HAVING COMPLETED OFFICER CANDIDATE TRAINING, HE WAS APPOINTED A SECOND LIEUTENANT EFFECTIVE JUNE 18, 1954, AND ASSIGNED TO TEMPORARY DUTY AT LACKLAND AIR FORCE BASE PENDING A PERMANENT DUTY ASSIGNMENT. BY ORDERS DATED JUNE 18, 1954, HE WAS RELEASED FROM SUCH ASSIGNMENT AND ASSIGNED TO DUTY AT PERRIN AIR FORCE BASE, TEXAS. HIS DEPENDENT (WIFE) TRAVELED AT PERSONAL EXPENSE FROM SEWICKLEY, PENNSYLVANIA, TO SAN ANTONIO, TEXAS, BETWEEN JUNE 7 AND 10, 1954, FOR WHICH TRAVEL HE CLAIMS REIMBURSEMENT. IN YOUR LETTER YOU SAY THAT PAYMENT OF THE VOUCHER HAS BEEN DENIED ON THE BASIS THAT THE TRAVEL OF THE DEPENDENT WAS NOT FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE SINCE THE TRAVEL WAS PERFORMED SO NEAR THE TIME OF THE MEMBER'S GRADUATION FROM OFFICER CANDIDATE SCHOOL.

IT WAS HELD IN 33 COMP. GEN. 431 THAT TRAVEL OF DEPENDENTS ON A VISIT BASIS, OR FOR PERSONAL REASONS, IS NOT AUTHORIZED AT GOVERNMENT EXPENSE. IN THE PRESENT CASE, THE MEMBER'S WIFE TRAVELED FROM SEWICKLEY, PENNSYLVANIA, TO SAN ANTONIO, TEXAS, HIS NEW DUTY STATION. THAT TRAVEL WAS AUTHORIZED AT GOVERNMENT EXPENSE UNDER PROPER CONDITIONS BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SUBSECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. AT THE TIME THE TRAVEL WAS PERFORMED THE MEMBER HAD GRADUATED FROM OFFICER CANDIDATE SCHOOL AND HAD RECEIVED WHAT HE CONSIDERED RELIABLE INFORMATION THAT HE WOULD BE ASSIGNED TO DUTY AS AN OFFICER AT SAN ANTONIO. IT APPEARS THAT HIS WIFE REMAINED IN SAN ANTONIO UNTIL HE RECEIVED A FURTHER CHANGE OF STATION WHEREUPON SHE ACCOMPANIED HIM TO THE NEW STATION AND TOOK UP RESIDENCE WITH HIM THERE. IN THESE CIRCUMSTANCES, THE TRAVEL OF THE MEMBER'S WIFE FROM SEWICKLEY, PENNSYLVANIA, TO SAN ANTONIO, TEXAS, MAY BE CONSIDERED AS TRAVEL INCIDENT TO A CHANGE OF STATION FOR THE PURPOSE OF ESTABLISHING A RESIDENCE WITHIN THE INTENT AND PURPOSE OF THE STATUTE. ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED, PAYMENT BEING AUTHORIZED.