B-124498, OCT. 13, 1955

B-124498: Oct 13, 1955

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JR.: REFERENCE IS MADE TO YOUR LETTER POSTMARKED MAY 18. YOUR DAUGHTER WAS AUTHORIZED TO PROCEED FROM TOKYO. YOU WERE RETURNED TO THE UNITED STATES AND ASSIGNED TO DUTY AT FORT MONROE. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE ADVISED PRIOR TO YOUR DAUGHTER'S DEPARTURE FROM TOKYO THAT YOU WOULD RECEIVE ORDERS FOR YOUR RETURN TO THE UNITED STAES IN NOVEMBER 1953. THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICE AT GOVERNMENT EXPENSE IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF1949. PERMITTED TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION AT GOVERNMENT EXPENSE EVEN WHERE THE DEPENDENTS DEPARTED FROM THE OLD PERMANENT STATION PRIOR TO CHANGE OF STATION ORDERS IF THE VOUCHER WAS SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER.

B-124498, OCT. 13, 1955

TO COLONEL WILLIAM P. RING, JR.:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED MAY 18, 1955, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MAY 13, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF A DEPENDENT (DAUGHTER) FROM SAN FRANCISCO, CALIFORNIA, TO FORT MONROE, VIRGINIA, LESS THE AMOUNT PAID FOR HER TRAVEL FROM SKIDMORE, NEW YORK, TO FORT MONROE.

BY LETTER ORDER 7-51, DATED JULY 24, 1953, AS AMENDED BY LETTER ORDER 8- 29, DATED AUGUST 7, 1953, HEADQUARTERS CENTRAL COMMAND, APO 500, YOUR DAUGHTER WAS AUTHORIZED TO PROCEED FROM TOKYO, JAPAN, TO SKIDMORE COLLEGE, SKIDMORE, NEW YORK. SHE TRAVELED FROM TOKYO TO SAN FRANCISCO DURING THE PERIOD AUGUST 27 TO SEPTEMBER 7, 1953, THENCE TO SKIDMORE, AND FROM THE LATTER PLACE TO FORT MONROE, WHERE SHE ARRIVED ON MARCH 26, 1954. SPECIAL ORDERS NO. 269, ISSUED BY THE SAME HEADQUARTERS ON NOVEMBER 19, 1953, YOU WERE RETURNED TO THE UNITED STATES AND ASSIGNED TO DUTY AT FORT MONROE. YOUR OTHER DEPENDENTS (WIFE AND DAUGHTER MARY) RETURNED TO THE UNITED STATES INCIDENT TO THOSE ORDERS. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE ADVISED PRIOR TO YOUR DAUGHTER'S DEPARTURE FROM TOKYO THAT YOU WOULD RECEIVE ORDERS FOR YOUR RETURN TO THE UNITED STAES IN NOVEMBER 1953, BUT THAT YOU CANNOT FURNISH A CERTIFICATE FROM THE OVERSEAS COMMANDER TO THAT EFFECT.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICE AT GOVERNMENT EXPENSE IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF1949, 63 STAT. 813, 814. PARAGRAPH 7000 OF THOSE REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PERMITTED TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION AT GOVERNMENT EXPENSE EVEN WHERE THE DEPENDENTS DEPARTED FROM THE OLD PERMANENT STATION PRIOR TO CHANGE OF STATION ORDERS IF THE VOUCHER WAS SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. PARAGRAPH 7009 OF THOSE REGULATIONS PROVIDES THAT COMMANDING OFFICERS, WITH THE APPROVAL OF THE THEATER COMMANDER OR OTHER COMPETENT AUTHORITY, MAY, IN THE BEST INTEREST OF THE GOVERNMENT AND UNDER UNUSUAL OR EMERGENCY CONDITIONS, AUTHORIZE THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS ON DUTY AT STATIONS OUTSIDE THE UNITED STATES PRIOR OR SUBSEQUENT TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH MEMBERS FROM THEIR STATION; THAT SUCH TRANSPORTATION MAY BE TO A DESIGNATED PLACE IN THE UNITED STATES, AND THAT UPON ASSIGNMENT OF THE MEMBER TO A PERMANENT STATION IN THE UNITED STATES, FROM SUCH DESIGNATED PLACE TO THE NEW STATION.

THERE IS NO INDICATION OF AN UNUSUAL OR EMERGENCY SITUATION WHICH WOULD HAVE PERMITTED TRAVEL OF YOUR DAUGHTER AT GOVERNMENT EXPENSE FROM YOUR OVERSEAS STATION TO A DESIGNATED PLACE IN THE UNITED STATES PRIOR TO CHANGE OF STATION ORDERS. HENCE, THE LETTER ORDERS OF JULY 24 AND AUGUST 7, 1953, MUST BE REGARDED AS MERELY PERMITTING HER TRAVEL AT PERSONAL EXPENSE IN THE ABSENCE OF A CERTIFICATE FROM THE OVERSEAS COMMANDER THAT YOU PREVIOUSLY WERE ADVISED THAT CHANGE OF STATION ORDERS WOULD BE ISSUED. THE PROVISION IN THE REGULATIONS CONCERNING DEPARTURE OF DEPENDENTS FROM THE OLD STATION PRIOR TO ISSUANCE OF ORDERS, BUT AFTER NOTICE OF A PENDING CHANGE OF STATION, CONTEMPLATES DEPARTURE DURING THE COMPARATIVELY SHORT PERIOD INTERVENING BETWEEN THE TIME A DETERMINATION TO ORDER A MEMBER TO MAKE A CHANGE OF STATION AND THE DATE ON WHICH ORDERS DIRECTING SUCH CHANGE ACTUALLY ARE ISSUED. MERE GENERAL INFORMATION AS TO THE TIME OF EVENTUAL CHANGE OF STATION IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATIONS. 34 COMP. GEN. 241. IN OTHER WORDS, THE CERTIFICATE OF THE OVERSEAS COMMANDER MENTIONED ABOVE WHICH IS REQUIRED IN SUPPORT OF YOUR CLAIM IS FOR THE PURPOSE OF ESTABLISHING THAT IT HAD BEEN OFFICIALLY DETERMINED THAT YOUR STATION ACTUALLY WOULD BE CHANGED, THAT YOU HAD BEEN ADVISED OF THAT FACT, AND THAT AFTER SUCH ADVICE YOUR DEPENDENT TRAVELED. WE MAY NOT ACCEPT YOUR CERTIFICATE MERELY THAT YOU HAD BEEN ADVISED "OF MY RETURN TO THE U.S.' PRIOR TO YOUR DAUGHTER'S TRAVEL AS A SUBSTITUTE FOR THE CERTIFICATE CONTEMPLATED BY THE REGULATION.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF MAY 13, 1955, IS SUSTAINED.