B-126891, APR. 16, 1956

B-126891: Apr 16, 1956

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YOU WERE TRANSFERRED FROM PENSACOLA. YOU WERE REIMBURSED AT THE RATE OF SIX CENTS PER MILE FOR HER TRAVEL FROM PENSACOLA TO BROOKLYN. STATING THAT YOUR DEPENDENT (WIFE) THEN WAS IN PARIS. THAT SHIPMENT OF HOUSEHOLD GOODS WAS DESIRED AND THAT YOU WERE "NOT" APPLYING FOR YOUR WIFE'S TRAVEL AT GOVERNMENT EXPENSE. YOUR REQUEST WAS APPROVED ON FEBRUARY 4. NO ORDERS WERE ISSUED TO AUTHORIZE YOUR WIFE'S TRAVEL. YOU STATE THAT AT THE TIME OF MAKING THE APPLICATION YOU WERE ADVISED THAT IF YOU REQUESTED YOUR WIFE'S TRAVEL AT GOVERNMENT EXPENSE IT WOULD BE NECESSARY TO HAVE HER RETURN TO THE UNITED STATES IN ORDER TO RECEIVE A PORT CALL. THAT RATHER THAN UNDERGO SUCH EXPENSE YOU ELECTED TO HAVE HER TRAVEL BY COMMERCIAL VESSEL FROM MARSEILLES.

B-126891, APR. 16, 1956

TO LIEUTENANT COLONEL MILTON D. LEDERMAN, GS:

YOUR LETTER OF JANUARY 18, 1956, REQUESTS REVIEW OF OUR SETTLEMENT OF DECEMBER 1, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL TO JAPAN.

BY PARAGRAPH 29, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 110, DATED JUNE 8, 1953, YOU WERE TRANSFERRED FROM PENSACOLA, FLORIDA, TO FORT LEWIS, WASHINGTON, FOR FURTHER ASSIGNMENT TO DUTY IN JAPAN. THE ORDERS MADE NO PROVISION FOR TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION. YOUR WIFE TRAVELED FROM PENSACOLA, FLORIDA, TO BROOKLYN, NEW YORK, DURING THE PERIOD SEPTEMBER 10 TO 14, 1953, AND FROM THE LATTER POINT TO PARIS, FRANCE. YOU WERE REIMBURSED AT THE RATE OF SIX CENTS PER MILE FOR HER TRAVEL FROM PENSACOLA TO BROOKLYN. ON FEBRUARY 2, 1954, YOU EXECUTED A REQUEST FOR PERMISSION TO ENTER INTO A PRIVATE RENTAL AGREEMENT FOR QUARTERS FOR YOUR DEPENDENT, STATING THAT YOUR DEPENDENT (WIFE) THEN WAS IN PARIS, FRANCE; THAT SHIPMENT OF HOUSEHOLD GOODS WAS DESIRED AND THAT YOU WERE "NOT" APPLYING FOR YOUR WIFE'S TRAVEL AT GOVERNMENT EXPENSE. YOUR REQUEST WAS APPROVED ON FEBRUARY 4,1954. NO ORDERS WERE ISSUED TO AUTHORIZE YOUR WIFE'S TRAVEL. YOU STATE THAT AT THE TIME OF MAKING THE APPLICATION YOU WERE ADVISED THAT IF YOU REQUESTED YOUR WIFE'S TRAVEL AT GOVERNMENT EXPENSE IT WOULD BE NECESSARY TO HAVE HER RETURN TO THE UNITED STATES IN ORDER TO RECEIVE A PORT CALL, AND THAT RATHER THAN UNDERGO SUCH EXPENSE YOU ELECTED TO HAVE HER TRAVEL BY COMMERCIAL VESSEL FROM MARSEILLES, FRANCE, EASTWARD TO YOKOHAMA, JAPAN. SHE PERFORMED THE TRAVEL FROM PARIS, FRANCE, TO TOKYO, JAPAN, DURING THE PERIOD JANUARY 11 TO FEBRUARY 11, 1954. YOU CLAIMED REIMBURSEMENT ON THE BASIS OF CONSTRUCTIVE TRAVEL AT THE RATE OF SIX CENTS PER MILE FROM NEW YORK, NEW YORK, TO A WEST COAST PORT PLUS THE COST TO THE GOVERNMENT OF COMMERCIAL WATER TRANSPORTATION FROM THE LATTER POINT TO JAPAN. IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT APPROVAL OF YOUR REQUEST TO ENTER INTO A PRIVATE RENTAL AGREEMENT CONSTITUTED APPROVAL OF YOUR WIFE'S TRAVEL TO JAPAN, AND STATE THAT YOU NEVER ENTERTAINED ANY DOUBT AS TO YOUR RIGHT TO REIMBURSEMENT FOR HER TRAVEL FROM NEW YORK TO A WEST COAST PORT.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE ARMED SERVICES IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, WHICH EXPRESSLY PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A MEMBER'S ORDERED CHANGE OF STATION SHALL BE UNDER SUCH CONDITIONS AND LIMITATIONS, AND TO AND FROM SUCH LOCATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE.

JOINT TRAVEL REGULATIONS ISSUED BY THE SECRETARIES TO IMPLEMENT THIS STATUTORY AUTHORITY, PROVIDE (PARAGRAPH 7002) THAT MEMBERS, GENERALLY, ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN SUCH REGULATIONS. WHEN A MEMBER IS ORDERED ON A PERMANENT CHANGE OF STATION TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY HIM, THE REGULATIONS (PARAGRAPH 7005) PROVIDE FOR THEIR TRANSPORTATION AT GOVERNMENT EXPENSE TO A DESIGNATED PLACE IN THE UNITED STATES OR, SUBJECT TO PRIOR APPROVAL OF THE SECRETARY CONCERNED TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES, AND FROM SUCH DESIGNATED PLACE TO HIS DUTY STATION WHEN THE RESTRICTION IS REMOVED, OR WHEN HE IS TRANSFERRED TO A DUTY STATION TO WHICH MOVEMENT OF DEPENDENTS IS AUTHORIZED.

TRANSPORTATION OF DEPENDENTS TO OVERSEAS STATIONS TO WHICH, IN GENERAL, COORDINATED TRAVEL OF A MEMBER AND HIS DEPENDENTS IS NOT AUTHORIZED IS GOVERNED, INSOFAR AS ARMY PERSONNEL IS CONCERNED, BY A PRIORITY SYSTEM AS PUBLISHED IN SPECIAL REGULATIONS NO. 55-765-5, BY ORDER OF THE SECRETARY OF THE ARMY. THE PURPOSE IS TO PROVIDE A FAIR AND EQUITABLE MEANS OF REUNITING FAMILIES SEPARATED BY OVERSEAS SERVICE, AND TO INSURE THAT TRANSPORTATION TO OVERSEAS COMMANDS WILL BE AVAILABLE FIRST TO THOSE FAMILIES SUFFERING THE GREATER PERIODS OF SEPARATION. THE EFFECT OF THESE REGULATIONS WHERE A MEMBER IS ORDERED TO AN OVERSEAS COMMAND OPERATING UNDER THE PRIORITY SYSTEM IS TO LIMIT HIS ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS, NOTWITHSTANDING THE ORDERED PERMANENT CHANGE OF STATION, TO TRANSPORTATION TO AN AUTHORIZED BY THE OVERSEAS COMMANDER CONCERNED, OR THE RESTRICTION IS REMOVED. 35 COMP. GEN. 61.

IN YOUR CASE, YOUR DEPENDENT DID NOT TRAVEL TO A DESIGNATED PLACE IN THE UNITED STATES OR TO AN APPROVED DESIGNATED LOCATION IN A TERRITORY OR POSSESSION OF THE UNITED STATES. UNDER THOSE CIRCUMSTANCES A RIGHT NEVERTHELESS WAS SAVED, UNDER PARAGRAPH 7057, JOINT TRAVEL REGULATIONS, TO REIMBURSEMENT FOR ACTUAL TRAVEL IN THE UNITED STATES NOT TO EXCEED FROM YOUR OLD STATION TO THE APPROPRIATE PORT OF DEBARKATION FOR YOUR NEW STATION. SINCE THE TRAVEL ACTUALLY PERFORMED BY YOUR WIFE IN THE UNITED STATES (PENSACOLA TO BROOKLYN) DID NOT EXCEED THE DISTANCE FROM YOUR OLD STATION TO YOUR PORT OF DEBARKATION FOR YOUR NEW STATION, YOU PROPERLY WERE REIMBURSED FOR SUCH TRAVEL. HOWEVER, TRAVEL TO THE OVERSEAS STATION NOT HAVING BEEN AUTHORIZED BY THE OVERSEAS COMMANDER CONCERNED, NO FURTHER TRAVEL WAS AUTHORIZED AT PUBLIC EXPENSE. APPROVAL OF YOUR REQUEST TO ENTER INTO A PRIVATE RENTAL AGREEMENT IN ORDER TO HAVE QUARTERS AVAILABLE FOR YOUR WIFE AT YOUR OVERSEAS STATION DID NOT CONSTITUTE AUTHORITY FOR HER TRAVEL THERETO AT GOVERNMENT EXPENSE. APPARENTLY THIS WAS UNDERSTOOD BY YOU AT THE TIME YOU MADE YOUR REQUEST CONCERNING RENTAL OF QUARTERS.

THERE BEING NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM, THE SETTLEMENT OF DECEMBER 1, 1955, IS SUSTAINED.