B-126796, MAR. 23, 1956

B-126796: Mar 23, 1956

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THE MEMBER WAS TRANSFERRED FROM DUTY AT THE U.S. THE VOUCHERS SUBMITTED BY THE CLAIMANT FOR REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS ARE SUPPORTED BY A COPY OF A CERTIFICATE SIGNED BY LIEUTENANT COMMANDER L. THIS IS TO CERTIFY THAT THE SUBJECT NAMED MAN WAS ADVISED ON 1 MARCH 1954 THAT ORDERS TRANSFERRING HIM TO SEA DUTY WOULD BE ISSUED AS SOON AS A SPECIFIC ASSIGNMENT WAS RECEIVED FROM COMMANDER. ISSUED PURSUANT TO THAT ACT PROVIDES THAT WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION OUTSIDE THE UNITED STATES AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION. IS AUTHORIZED FROM THE PLACE WHERE DEPENDENTS ARE LOCATED UPON RECEIPT OF CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO SUCH DESIGNATED PLACE AND LATER FROM SUCH DESIGNATED PLACE TO THE MEMBER'S OVERSEAS STATION.

B-126796, MAR. 23, 1956

TO A. LIPMAN, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY LETTER OF JANUARY 25, 1956, THE ACTING JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF NOVEMBER 17, 1955, SUBMITTING FOR ADVANCE DECISION TWO VOUCHERS STATED IN FAVOR OF GEORGE A. BONZAGNI, HM1, USN, FOR REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS FROM SAN FRANCISCO, CALIFORNIA, TO PLYMOUTH, MASSACHUSETTS, AND RETURN.

BY ORDERS DATED MARCH 31, 1954, AND AUGUST 7, 1954, THE MEMBER WAS TRANSFERRED FROM DUTY AT THE U.S. NAVAL RADIOLOGICAL DEFENSE LABORATORY, SAN FRANCISCO, CALIFORNIA, TO DUTY IN JAPAN. MR. BONZAGNI HAS CERTIFIED THAT HIS DEPENDENTS (WIFE AND TWO CHILDREN) TRAVELED AT PERSONAL EXPENSE FROM SAN FRANCISCO, CALIFORNIA, TO PLYMOUTH, MASSACHUSETTS, BETWEEN MARCH 7 AND 17, 1954. ALSO, HE HAS CERTIFIED THAT PURSUANT TO A PORT CALL FOR HIS DEPENDENTS TO REPORT AT SAN FRANCISCO ON DECEMBER 9, 1954, FOR FURTHER MOVEMENT TO JAPAN, THEY TRAVELED AT PERSONAL EXPENSE FROM PLYMOUTH TO SAN FRANCISCO BETWEEN DECEMBER 6 AND 7, 1954. THE VOUCHERS SUBMITTED BY THE CLAIMANT FOR REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS ARE SUPPORTED BY A COPY OF A CERTIFICATE SIGNED BY LIEUTENANT COMMANDER L. J. SMITH, USN, NAVAL PERSONNEL OFFICER, U.S. NAVAL RADIOLOGICAL DEFENSE LABORATORY, SAN FRANCISCO, CALIFORNIA, DATED JANUARY 18, 1955, AS FOLLOWS:

"1. THIS IS TO CERTIFY THAT THE SUBJECT NAMED MAN WAS ADVISED ON 1 MARCH 1954 THAT ORDERS TRANSFERRING HIM TO SEA DUTY WOULD BE ISSUED AS SOON AS A SPECIFIC ASSIGNMENT WAS RECEIVED FROM COMMANDER, SERVICE FORCES, PACIFIC.

"2. IN ANTICIPATION OF SUBJECT NAMED MAN'S TRANSFER TO SEA DUTY THIS COMMAND GRANTED HIM LEAVE OF ABSENCE COMMENCING 7 MARCH 1954 AND FURTHER ADVISED HIM THAT ANY PERSONAL AFFAIRS WHICH COULD NOT BE TAKEN CARE OF ON SHORT NOTICE SHOULD BE PROVIDED FOR DURING THIS LEAVE PERIOD.'

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 7008-3, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT ACT PROVIDES THAT WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION OUTSIDE THE UNITED STATES AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE, OTHERWISE AUTHORIZED UPON PERMANENT CHANGE OF STATION, IS AUTHORIZED FROM THE PLACE WHERE DEPENDENTS ARE LOCATED UPON RECEIPT OF CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO SUCH DESIGNATED PLACE AND LATER FROM SUCH DESIGNATED PLACE TO THE MEMBER'S OVERSEAS STATION. PARAGRAPH 7000-11 OF THE SAME REGULATIONS PROVIDES, AS TO TRANSPORTATION OF DEPENDENTS TO BE FURNISHED INCIDENT TO AN ORDERED CHANGE OF PERMANENT STATION, THAT SUCH TRANSPORTATION IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPART PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF THE CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. THIS 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.

THE CERTIFICATE IN THE PRESENT CASE, HOWEVER, SHOWS IT HAD BEEN OFFICIALLY DETERMINED TO ORDER MR. BONZAGNI TO MAKE A CHANGE OF STATION, THE EXACT LOCATION OF THE NEW STATION IN THE FAR EAST NOT BEING KNOWN, AND THAT HE WAS ADVISED OF THAT FACT PRIOR TO THE DEPARTURE OF HIS DEPENDENTS FROM HIS OLD STATION. WHILE IT MAY BE THAT MR. BONZAGNI TRANSPORTED HIS DEPENDENTS AT THE RISK THAT HIS ULTIMATE DUTY STATION WOULD BE SUCH AS NOT TO ENTITLE HIM TO REIMBURSEMENT FOR THEIR TRAVEL, THE CERTIFICATE IS NONE THE LESS EFFECTIVE FOR THE PURPOSE FOR WHICH IT WAS INTENDED, SINCE HE WAS IN FACT ASSIGNED TO DUTY AT A STATION IN JAPAN TO WHICH CONCURRENT TRAVEL OF HIS DEPENDENTS WAS NOT AUTHORIZED.

ACCORDINGLY, HE IS ENTITLED TO REIMBURSEMENT FOR DEPENDENT TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO PLYMOUTH, MASSACHUSETTS, AND RETURN, AND PAYMENT ON THE VOUCHERS, RETURNED HEREWITH, IS AUTHORIZED IF OTHERWISE CORRECT.