B-124706, OCT. 3, 1955

B-124706: Oct 3, 1955

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USAF: REFERENCE IS MADE TO YOUR LETTER DATED MAY 26. WHILE YOU WERE STATIONED AT SHEMYA AIR FORCE BASE. NO ORDERS WERE ISSUED AUTHORIZING THE USE OF MILITARY AIRCRAFT FOR THEIR RETURN TRIP TO SHEMYA AIR FORCE BASE. THE TRAVEL WAS PERFORMED BY COMMERCIAL PLANE AT PERSONAL EXPENSE FOR WHICH REIMBURSEMENT IS CLAIMED. THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949. SINCE THE LANGUAGE OF EARLIER STATUTES RELATING TO TRANSPORTATION OF DEPENDENTS WAS SUBSTANTIALLY REENACTED IN SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949. DECISIONS RENDERED UNDER SUCH EARLIER STATUTES ARE PERTINENT IN DETERMINING THE MEANING OF SECTION 303/C).

B-124706, OCT. 3, 1955

TO LIEUTENANT COLONEL CADMAN V. PADGETT, USAF:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 26, 1955, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED DECEMBER 14, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR DEPENDENT WIFE AND MINOR CHILD IN MAY 1952 INCIDENT TO YOUR SERVICE AS MAJOR, UNITED STATES AIR FORCE.

IT APPEARS THAT IN MAY 1952, WHILE YOU WERE STATIONED AT SHEMYA AIR FORCE BASE, ALASKA, YOUR DEPENDENT WIFE AND MINOR CHILD TRAVELED BY MILITARY AIRCRAFT TO ELMENDORF AIR FORCE BASE, ALASKA, FOR MEDICAL TREATMENT OF YOUR CHILD. NO ORDERS WERE ISSUED AUTHORIZING THE USE OF MILITARY AIRCRAFT FOR THEIR RETURN TRIP TO SHEMYA AIR FORCE BASE, AND THE TRAVEL WAS PERFORMED BY COMMERCIAL PLANE AT PERSONAL EXPENSE FOR WHICH REIMBURSEMENT IS CLAIMED.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, WHICH PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. SINCE THE LANGUAGE OF EARLIER STATUTES RELATING TO TRANSPORTATION OF DEPENDENTS WAS SUBSTANTIALLY REENACTED IN SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, DECISIONS RENDERED UNDER SUCH EARLIER STATUTES ARE PERTINENT IN DETERMINING THE MEANING OF SECTION 303/C).

THE DECISIONS UNDER THE PRIOR STATUTES CLEARLY SHOW THAT TRAVEL OF DEPENDENTS FOR WHICH THE GOVERNMENT WAS OBLIGATED HAD TO BE TRAVEL INCIDENT TO A PARTICULAR ORDERED PERMANENT CHANGE OF STATION. IT HAS BEEN HELD THAT THE TRAVEL EXPENSES OF DEPENDENTS FOR THE PURPOSE OF VISITING THE MEMBER, FOR PLEASURE TRIPS, OR FOR OTHER PERSONAL REASONS OTHER THAN A CHANGE OF THE DEPENDENTS' RESIDENCE IN CONNECTION WITH THE CHANGE OF THE MEMBER'S PERMANENT STATION MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. 33 COMP. GEN. 431, AND DECISIONS CITED.

SINCE THE TRAVEL OF YOUR DEPENDENT WIFE AND CHILD FOR WHICH REIMBURSEMENT IS CLAIMED WAS NOT PERFORMED IN CONNECTION WITH A PERMANENT CHANGE OF STATION, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF DECEMBER 14, 1954, IS SUSTAINED.

RESPECTING YOUR REQUEST THAT THE CORRESPONDENCE AND ALL ENCLOSURES SUBMITTED BY YOU IN CONNECTION WITH YOUR CLAIM BE RETURNED TO YOU, YOU ARE ADVISED THAT SUCH PAPERS HAVE BECOME A PART OF OUR PERMANENT RECORDS AND MAY NOT BE RETURNED.