B-127451, JUL. 17, 1956

B-127451, JUL. 17, 1956

TO TECHNICAL SERGEANT WALTER ROSS, JR., USMC:

YOUR LETTER OF MARCH 6, 1956, REQUESTS REVIEW OF THE SETTLEMENT OF NOVEMBER 9, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM CAMP PENDLETON, CALIFORNIA, TO PAIA MAUI, TERRITORY OF HAWAII.

CERTIFICATE IN LIEU OF ORDERS ISSUED ON JULY 25, 1953, AT CAMP PENDLETON, CALIFORNIA, SHOWS THAT YOU WERE ASSIGNED TO A RESTRICTED AREA, THE LOCATION OF WHICH WAS OMITTED FOR SECURITY REASONS. THE RECORD SHOWS THAT YOUR WIFE TRAVELED FROM CAMP PENDLETON, CALIFORNIA, TO PAIA MAUI, TERRITORY OF HAWAII, DURING THE PERIOD AUGUST 12 TO 22, 1953, AT PERSONAL EXPENSE. YOUR CLAIM FOR REIMBURSEMENT FOR HER TRAVEL WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT TRAVEL OF YOUR DEPENDENT TO A POINT OUTSIDE THE UNITED STATES WAS NOT APPROVED BY THE PROPER ADMINISTRATIVE OFFICIAL.

IN YOUR PRESENT LETTER YOU STATE THAT YOU ARE IN RECEIPT OF A COPY OF A LETTER DATED FEBRUARY 16, 1955, FROM HEADQUARTERS, MARINE CORPS, TO THE GENERAL ACCOUNTING OFFICE FROM WHICH IT APPEARS THAT PAYMENT WAS AUTHORIZED TO AN OFFICER (CAPTAIN ROBERT R. CARSON, USMCR), FOR TRAVEL OF HIS DEPENDENTS TO A PORT OF EMBARKATION UNDER RELATIVELY PARALLEL CIRCUMSTANCES. YOU, THEREFORE, REQUEST REVIEW OF OUR SETTLEMENT IN YOUR CASE.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS IS CONTAINED IN SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, WHICH EXPRESSLY PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A MEMBER'S ORDERED CHANGE OF PERMANENT STATION SHALL BE UNDER SUCH CONDITIONS AND LIMITATIONS, FOR SUCH RANKS, GRADES, OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE.

CHAPTER 7, JOINT TRAVEL REGULATIONS, ISSUED BY THE SECRETARIES TO IMPLEMENT THIS STATUTORY AUTHORITY, PROVIDES GENERALLY IN PARAGRAPH 7000-2 THAT MEMBERS OF THE UNIFORMED SERVICES (EXCEPT ENLISTED MEN IN THE LOWER PAY GRADES, 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, PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, PROVIDES FOR THEIR TRANSPORTATION AT GOVERNMENT EXPENSE TO A PLACE IN THE UNITED STATES WHICH HE MAY DESIGNATE, OR, SUBJECT TO PRIOR APPROVAL OF THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE, TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES. WHEN THE RESTRICTION IS REMOVED OR WHEN THE MEMBER IS TRANSFERRED TO A DUTY STATION TO WHICH MOVEMENT OF DEPENDENTS IS AUTHORIZED, HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM THE DESIGNATED PLACE TO THE DUTY STATION.

SINCE THE RECORD DOES NOT SHOW THAT YOUR WIFE'S TRAVEL TO A TERRITORY OF THE UNITED STATES WAS APPROVED BY THE SECRETARY OF THE NAVY OR HIS DESIGNATED REPRESENTATIVE, THERE IS NO AUTHORITY FOR ALLOWANCE OF YOUR CLAIM AS FOR TRAVEL TO A DESIGNATED PLACE. HOWEVER, ON THE BASIS OF YOUR PERMANENT CHANGE OF STATION ORDERS YOU MAY BE ALLOWED REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM YOUR STATION TO THE PORT OF EMBARKATION APPROPRIATE FOR TRAVEL TO YOUR NEW STATION HAD TRAVEL THERE NOT BEEN RESTRICTED, THAT IS, FROM CAMP PENDLETON TO SAN FRANCISCO, CALIFORNIA. SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.