B-127591, JUN. 29, 1956

B-127591: Jun 29, 1956

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DEPARTMENT OF THE ARMY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 22. IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS (WIFE AND DAUGHTER) FROM CAMP HANFORD. SERGEANT FEDER WAS RELEASED FROM DUTY AT CAMP HANFORD. CONCURRENT TRAVEL OF HIS DEPENDENTS TO THE OVERSEAS STATION WAS NOT AUTHORIZED. THEY WERE AUTHORIZED TO TRAVEL TO SUCH STATION AT A LATER DATE. NO CLAIM IS MADE FOR THE WATER TRAVEL INVOLVED. WITH A FURTHER PROVISION (PARAGRAPH 7008-3) THAT WHEN PERSONNEL ARE ASSIGNED TO DUTY OVERSEAS AND THEIR DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE OVERSEAS STATION AT THE SAME TIME. DEPENDENTS MAY BE TRANSPORTED AT GOVERNMENT EXPENSE FROM THE PLACE WHERE THEY ARE LOCATED UPON RECEIPT OF PERMANENT CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE OR.

B-127591, JUN. 29, 1956

TO LIEUTENANT COLONEL J. F. FENNELL, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 22, 1955, REQUESTING AN ADVANCE DECISION AS TO WHETHER MASTER SERGEANT RICHARD P. FEDER, REGULAR ARMY, IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS (WIFE AND DAUGHTER) FROM CAMP HANFORD, WASHINGTON, TO NEW YORK, NEW YORK, AND FROM MILLBROOK, PLYMOUTH, ENGLAND, TO ORLEANS, FRANCE, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED SEPTEMBER 21, 1955, AS AMENDED, SERGEANT FEDER WAS RELEASED FROM DUTY AT CAMP HANFORD, WASHINGTON, AND ASSIGNED TO DUTY AT ORLEANS, FRANCE. CONCURRENT TRAVEL OF HIS DEPENDENTS TO THE OVERSEAS STATION WAS NOT AUTHORIZED, BUT THEY WERE AUTHORIZED TO TRAVEL TO SUCH STATION AT A LATER DATE. HE CERTIFIED THAT HIS DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM CAMP HANFORD, WASHINGTON, TO NEW YORK, NEW YORK, BETWEEN OCTOBER 4 AND 20, 1955; THENCE TO MILLBROOK, PLYMOUTH, ENGLAND, BETWEEN OCTOBER 26 AND NOVEMBER 1, 1955; AND FROM THERE TO ORLEANS, FRANCE, ON NOVEMBER 8, 1955. NO CLAIM IS MADE FOR THE WATER TRAVEL INVOLVED.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND TO AND FROM SUCH LOCATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS OR REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND. THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THIS STATUTE AUTHORIZE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION, OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS, WITH A FURTHER PROVISION (PARAGRAPH 7008-3) THAT WHEN PERSONNEL ARE ASSIGNED TO DUTY OVERSEAS AND THEIR DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE OVERSEAS STATION AT THE SAME TIME, DEPENDENTS MAY BE TRANSPORTED AT GOVERNMENT EXPENSE FROM THE PLACE WHERE THEY ARE LOCATED UPON RECEIPT OF PERMANENT CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE OR, SUBJECT TO PRIOR APPROVAL OF THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE, TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES, 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, BY WAY OF THE APPROPRIATE PORT OF EMBARKATION.

INCIDENT TO THE CHANGE OF STATION HERE INVOLVED, SERGEANT FEDER'S DEPENDENTS DID NOT PERFORM TRAVEL TO A DESIGNATED PLACE IN THE UNITED STATES OR TO A TERRITORY OR POSSESSION OF THE UNITED STATES AS CONTEMPLATED BY THE REGULATIONS. HENCE, HE IS NOT ENTITLED TO REIMBURSEMENT AS FOR TRAVEL TO A DESIGNATED PLACE AND LATER FROM THAT PLACE TO THE OVERSEAS STATION. SINCE, HOWEVER, THEY TRAVELED TO HIS OVERSEAS STATION UNDER AUTHORITY OF THE AMENDMENT TO THE ORDERS OF SEPTEMBER 21, 1955, ISSUED PRIOR TO COMMENCEMENT OF TRAVEL,HE IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL PERFORMED FROM CAMP HANFORD, WASHINGTON, TO NEW YORK, NEW YORK, APPROPRIATE PORT OF EMBARKATION IN THE UNITED STATES FOR THE NEW STATION, AND FOR THE TRAVEL PERFORMED FROM MILLBROOK, PLYMOUTH, ENGLAND, TO ORLEANS, FRANCE, NOT TO EXCEED THE AMOUNT PAYABLE FOR THE DISTANCE FROM LE HAVRE, FRANCE, APPROPRIATE PORT OF DEBARKATION, TO ORLEANS, FRANCE.

ACCORDINGLY, IF THE SUBMITTED VOUCHERS, HEREWITH RETURNED, ARE AMENDED TO PROVIDE FOR PAYMENT ON THIS BASIS, PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.