B-126678, SEP. 4, 1956

B-126678: Sep 4, 1956

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THE TRAVEL WAS PERFORMED PURSUANT TO INVITATIONAL TRAVEL ORDERS OF HEADQUARTERS UNITED STATES ARMY CARIBBEAN. ISSUED WHILE YOU WERE ON ACTIVE DUTY AS A COMMISSIONED OFFICER OF THE UNITED STATES ARMY RESERVE AND STATIONED AT SANTIAGO. THE ORDERS STATED THAT YOUR WIFE AND DAUGHTER WERE AUTHORIZED AND INVITED. THEY WERE AUTHORIZED AND INVITED TO PROCEED TO BROOKLEY AIR FORCE BASE. IT BEING INDICATED THAT THE MOVEMENT WAS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 7009-3. IT WAS STATED FURTHER THAT TRAVEL OF YOUR DEPENDENTS BEYOND THE PORT OF DEBARKATION WOULD NOT BE FURNISHED PRIOR TO YOUR MOVEMENT UNDER PERMANENT CHANGE OF STATION ORDERS. YOUR CLAIM COVERS THAT PART OF THE TRAVEL FROM SANTIAGO TO THE CANAL ZONE AND FROM BROOKLEY AIR FORCE BASE TO OAKLAND WHICH WAS PERFORMED BY COMMERCIAL AIRCRAFT AT YOUR EXPENSE.

B-126678, SEP. 4, 1956

TO MR. JOHN E. MARTIN:

YOUR LETTER OF JULY 10, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED JUNE 29, 1956, WHICH DISALLOWED YOUR CLAIM FOR YOUR DEPENDENTS' TRAVEL (WIFE AND MINOR DAUGHTER) FROM SANTIAGO, CHILE, TO OAKLAND, CALIFORNIA, DURING THE PERIOD DECEMBER 31, 1954, TO JANUARY 6, 1955.

THE TRAVEL WAS PERFORMED PURSUANT TO INVITATIONAL TRAVEL ORDERS OF HEADQUARTERS UNITED STATES ARMY CARIBBEAN, FORT AMADOR, CANAL ZONE, DATED DECEMBER 30, 1954, ISSUED WHILE YOU WERE ON ACTIVE DUTY AS A COMMISSIONED OFFICER OF THE UNITED STATES ARMY RESERVE AND STATIONED AT SANTIAGO. THE ORDERS STATED THAT YOUR WIFE AND DAUGHTER WERE AUTHORIZED AND INVITED, AS YOUR LEGAL DEPENDENTS, TO PROCEED BY COMMERCIAL AIRCRAFT ON OR ABOUT JANUARY 3, 1955, FROM SANTIAGO TO THE CANAL ZONE, AND THAT ON OR ABOUT JANUARY 5, 1955, THEY WERE AUTHORIZED AND INVITED TO PROCEED TO BROOKLEY AIR FORCE BASE, ALABAMA, VIA MILITARY AIRCRAFT, IT BEING INDICATED THAT THE MOVEMENT WAS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 7009-3, ITEM 7, OF THE JOINT TRAVEL REGULATIONS, AS AMENDED, PRIOR TO YOUR TRANSFER TO THE UNITED STATES. IT WAS STATED FURTHER THAT TRAVEL OF YOUR DEPENDENTS BEYOND THE PORT OF DEBARKATION WOULD NOT BE FURNISHED PRIOR TO YOUR MOVEMENT UNDER PERMANENT CHANGE OF STATION ORDERS. YOUR DEPENDENTS TRAVELED FROM SANTIAGO TO OAKLAND, CALIFORNIA, BY WAY OF BROOKLEY AIR FORCE BASE, DURING THE PERIOD DECEMBER 31, 1954, TO JANUARY 6, 1955. YOUR CLAIM COVERS THAT PART OF THE TRAVEL FROM SANTIAGO TO THE CANAL ZONE AND FROM BROOKLEY AIR FORCE BASE TO OAKLAND WHICH WAS PERFORMED BY COMMERCIAL AIRCRAFT AT YOUR EXPENSE. IT APPEARS THAT YOUR DUTY STATION AT SANTIAGO REMAINED UNCHANGED UNTIL THE ISSUANCE OF TRAVEL ORDERS DATED FEBRUARY 11, 1955, WHICH RELIEVED YOU OF THAT ASSIGNMENT.

AS WE EXPLAINED IN OUR SETTLEMENT OF JUNE 29, 1956, ORDINARILY TRANSPORTATION OF DEPENDENTS IS AUTHORIZED ONLY AFTER ISSUANCE OF CHANGE OF STATION ORDERS FOR THE MEMBER CONCERNED. IN ADDITION TO THE AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT PUBLIC EXPENSE ON THE BASIS OF A PERMANENT CHANGE OF DUTY STATION, SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED OR WHEN ORDERS ARE OF SUCH NATURE AS TO NOT AUTHORIZE TRANSPORTATION OF DEPENDENTS THE SECRETARIES CONCERNED MAY, NEVERTHELESS, AUTHORIZE THE MOVEMENT OF THE DEPENDENTS AT GOVERNMENT EXPENSE "ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES.' REGULATIONS PROVIDING FOR TRANSPORTATION OF DEPENDENTS FROM STATIONS OUTSIDE THE UNITED STATES ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN PARAGRAPH 7009 OF THE JOINT TRAVEL REGULATIONS.

THE INTENT OF PARAGRAPH 7009, IT IS STATED, IS TO COVER SITUATIONS NOT OTHERWISE SPECIFICALLY PROVIDED FOR WHERE MOVEMENT OF DEPENDENTS FROM AN OVERSEAS COMMAND MUST BE ACCELERATED FOR REASONS CONSIDERED TO BE IN THE BEST INTEREST OF THE SERVICE. SUBPARAGRAPH 7009-3 PROVIDES THAT, UPON THE REQUEST OF A MEMBER OTHERWISE ENTITLED TO TRANSPORTATION OF DEPENDENTS, ORDERS MAY BE ISSUED AUTHORIZING ADVANCE RETURN OF HIS DEPENDENTS TO THE UNITED STATES PROVIDED THE ORDERS SPECIFICALLY LIMIT THE TRANSPORTATION TO BE FURNISHED TO TRANSPORTATION FROM THE OVERSEAS STATION TO THE PORT OF DEBARKATION IN THE UNITED STATES, AND STATE THAT TRANSPORTATION BEYOND THAT POINT WILL NOT BE FURNISHED UNTIL AFTER THE RETURN OF THE MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS. LISTED AS AMONG THE REASONS FOR AUTHORIZING TRANSPORTATION UNDER THE SUBPARAGRAPH ARE SEVEN SUGGESTED CATEGORIES. CATEGORY NO. 7, THE REASONS CITED IN THE ORDERS OF DECEMBER 30, 1954, FOR YOUR DEPENDENTS' TRAVEL, IS "FINANCIAL DIFFICULTIES.' THERE IS NO REQUIREMENT IN THE REGULATION THAT THE REASON ASSIGNED FOR THE TRAVEL BE FOUNDED UPON UNUSUAL OR EMERGENCY CIRCUMSTANCES AS REQUIRED BY SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

AS STATED IN OUR SETTLEMENT, THE TERM "FINANCIAL DIFFICULTIES," STANDING ALONE, DOES NOT CONSTITUTE A SHOWING OF UNUSUAL OR EMERGENCY CIRCUMSTANCES REQUIRING THE MOVEMENT OF DEPENDENTS INDEPENDENTLY OF THE MEMBER AS CONTEMPLATED BY SECTION 303 (C) SINCE SUCH DIFFICULTIES MAY NOT HAVE ARISEN BECAUSE OF THE OVERSEAS ASSIGNMENT OR MAY NOT HAVE BEEN OTHER THAN THE FINANCIAL DIFFICULTIES A MEMBER AND HIS DEPENDENTS WERE EXPERIENCING IN THE UNITED STATES BEFORE THE OVERSEAS ASSIGNMENT. IN THE ABSENCE OF UNUSUAL OR EMERGENCY CONDITIONS AS CONTEMPLATED BY THE STATUTE, THERE IS NO AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE PRIOR TO THE ISSUANCE OF ORDERS FOR THE MEMBER'S CHANGE OF STATION REGARDLESS OF THE REASONS THAT MAY BE ASSIGNED IN THE ORDERS AS NECESSITATING THE TRAVEL.

ACCORDINGLY, IN THE ABSENCE OF A SHOWING THAT YOUR DEPENDENTS' TRAVEL WAS AUTHORIZED BECAUSE OF UNUSUAL OR EMERGENCY CIRCUMSTANCES AS CONTEMPLATED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT TO YOU OF THE COST OF THEIR TRAVEL.