B-127566, JUN. 18, 1956

B-127566: Jun 18, 1956

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REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUBMITTED VOUCHER STATED IN FAVOR OF SECOND LIEUTENANT LAWRENCE F. LIEUTENANT GLICKMAN WAS DETACHED FROM DUTY AT QUANTICO. STATES THAT: "AT THE TIME THE TRAVEL WAS PERFORMED BY THE DEPENDENT OF SECOND LIEUTENANT GLICKMAN. IT IS SHOWN THAT THE OFFICER WAS MARRIED AT BROOKLYN. THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949. 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.

B-127566, JUN. 18, 1956

TO R. M. BURRILL, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY LETTER OF APRIL 9, 1956, THE ACTING JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF MARCH 13, 1956, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUBMITTED VOUCHER STATED IN FAVOR OF SECOND LIEUTENANT LAWRENCE F. GLICKMAN, USMCR, FOR REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENT FROM BROOKLYN, NEW YORK, TO LOS ANGELES, CALIFORNIA, NOT TO EXCEED THE COST FROM QUANTICO, VIRGINIA, TO LOS ANGELES, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED NOVEMBER 8, 1955, LIEUTENANT GLICKMAN WAS DETACHED FROM DUTY AT QUANTICO, VIRGINIA, ON DECEMBER 17, 1955, AND ASSIGNED TO DUTY IN THE FAR EAST. SUCH ORDERS AUTHORIZED 30 DAYS' DELAY EN ROUTE PLUS PROCEED AND TRAVEL TIME. A FIRST ENDORSEMENT FROM THE COMMANDANT OF THE MARINE CORPS DATED MARCH 23, 1956, STATES THAT:

"AT THE TIME THE TRAVEL WAS PERFORMED BY THE DEPENDENT OF SECOND LIEUTENANT GLICKMAN, MARINE CORPS MEMORANDUM NO. 3-54 PROHIBITED THE TRAVEL TO THE FAR EAST OF DEPENDENTS OF MARINE CORPS PERSONNEL ORDERED TO DUTY IN THAT AREA AS MEMBERS OF FLEET MARINE FORCE UNITS.'

IT IS SHOWN THAT THE OFFICER WAS MARRIED AT BROOKLYN, NEW YORK, ON DECEMBER 25, 1955, PRIOR TO THE EFFECTIVE DATE OF HIS PERMANENT CHANGE OF STATION ORDERS. HE HAS CERTIFIED THAT HIS DEPENDENT (WIFE) TRAVELED AT PERSONAL EXPENSE FROM BROOKLYN, NEW YORK, BY WAY OF LOS ANGELES, CALIFORNIA, TO JAPAN, BETWEEN DECEMBER 31, 1955, AND JANUARY 26, 1956.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED 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 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 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 DESIGNATED PLACE IN THE UNITED STATES OR, SUBJECT TO PRIOR APPROVAL OF THE SECRETARY CONCERNED, OR HIS DESIGNATED REPRESENTATIVE, 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.

LIEUTENANT GLICKMAN'S WIFE DID NOT PERFORM TRAVEL TO A DESIGNATED PLACE IN THE UNITED STATES OR TO AN APPROVED DESIGNATED LOCATION IN A TERRITORY OR POSSESSION OF THE UNITED STATES. SHE MERELY PASSED THROUGH LOS ANGELES, CALIFORNIA, ON HER WAY TO JAPAN, A RESTRICTED AREA. THUS, LOS ANGELES MAY NOT BE REGARDED AS A DESIGNATED LOCATION IN THE UNITED STATES BECAUSE NO RESIDENCE WAS ESTABLISHED THERE.

THE RIGHT TO TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE UPON AN ORDERED CHANGE OF PERMANENT STATION IS NOT AN ABSOLUTE ONE BUT MAY BE ADMINISTRATIVELY SUSPENDED OR DENIED FOR REASONS OF MILITARY NECESSITY OR EXPEDIENCY, IN WHICH EVENT AN OFFICER MAY NOT TRANSPORT HIS DEPENDENTS TO HIS NEW STATION AT PERSONAL EXPENSE AND BE REIMBURSED FOR THE TRAVEL SO PERFORMED IN CONTRAVENTION OF THE PROHIBITION. CULP V. UNITED STATES, 76 C.CLS. 507. SEE 35 COMP. GEN. 61. IT FOLLOWS THAT THE PROVISIONS OF PARAGRAPH 7008-3 OF THE JOINT TRAVEL REGULATIONS CITED IN YOUR LETTER ARE NOT FOR APPLICATION, IN ANY EVENT, IN CASES, SUCH AS HERE INVOLVED, WHERE THE TRAVEL OF DEPENDENTS IS TO A DUTY STATION IN AN AREA TO WHICH TRANSPORTATION OF DEPENDENTS IS ADMINISTRATIVELY PROHIBITED BECAUSE OF MILITARY NECESSITY OR EXPEDIENCY.

SINCE LIEUTENANT GLICKMAN'S WIFE TRAVELED FROM BROOKLYN, NEW YORK, BY WAY OF LOS ANGELES, CALIFORNIA, TO JAPAN, AT A TIME WHEN HER TRANSPORTATION AT GOVERNMENT EXPENSE TO THE FAR EAST WAS PROHIBITED BY REASON OF MILITARY NECESSITY OR EXPEDIENCY, THERE IS NO LEGAL BASIS FOR PAYMENT FOR HER TRAVEL. ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.