B-127843, JUN. 18, 1956

B-127843: Jun 18, 1956

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IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENT WIFE FROM SAN DIEGO. IT IS SHOWN THAT AFTER RECEIPT OF ORDERS OF AUGUST 2. - TO WHICH HIS DEPENDENT WAS NOT PERMITTED. IN CIRCUMSTANCES SUCH AS ARE HERE INVOLVED. IS AMENDED TO PROVIDE FOR PAYMENT FOR CONSTRUCTIVE TRAVEL FROM SAN DIEGO TO SAN FRANCISCO. PAYMENT THEREON IS AUTHORIZED.

B-127843, JUN. 18, 1956

TO MAJOR AL. F. RINEHART, USMC, DISBURSING OFFICER, UNITED STATES MARINE CORPS:

BY FIRST ENDORSEMENT OF MARY 4, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF APRIL 19, 1956, REQUESTING AN ADVANCE DECISION AS TO WHETHER MASTER SERGEANT FRANKLIN W. AYRES, USMC, IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENT WIFE FROM SAN DIEGO, CALIFORNIA, TO NEW YORK, NEW YORK.

IT IS SHOWN THAT AFTER RECEIPT OF ORDERS OF AUGUST 2, 1955, TROOP TRAINING UNIT, AMPHIBIOUS TRAINING COMMAND, PACIFIC FLEET, U.S. NAVAL AMPHIBIOUS BASE, CORONADO, SAN DIEGO, CALIFORNIA, DIRECTING HIM TO PROCEED FROM SAN DIEGO ON A PERMANENT CHANGE OF STATION TO A STATION OVERSEAS--- APPARENTLY LOCATED IN THE PACIFIC AREA--- TO WHICH HIS DEPENDENT WAS NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY HIM, HIS WIFE TRAVELED AT PERSONAL EXPENSE FROM NATIONAL CITY, CALIFORNIA, TO KOPING, SWEDEN, VIA NEW YORK, NEW YORK.

UNDER ORDERS OF THE TYPE HERE INVOLVED, PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, PERMITS TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO A DESIGNATED LOCATION IN THE UNITED STATES OR, WITH THE PRIOR APPROVAL OF THE SECRETARY CONCERNED, TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES, WITHIN THE LIMITS THERE STATED. SINCE THE ENLISTED MAN'S WIFE WENT TO A FOREIGN COUNTRY, NO RIGHT TO REIMBURSEMENT ACCRUED FOR HER TRAVEL TO THAT PLACE. HOWEVER, IN CIRCUMSTANCES SUCH AS ARE HERE INVOLVED, IT HAS BEEN HELD THAT PARAGRAPH 7057, JOINT TRAVEL REGULATIONS, RELATING TO TRANSPORTATION FROM THE OLD PERMANENT STATION TO OTHER THAN THE NEW PERMANENT STATION AT NOT TO EXCEED THE ENTITLEMENT FROM THE OLD TO THE NEW STATION, SAVES TO THE MEMBER A RIGHT TO REIMBURSEMENT FOR HIS DEPENDENT'S TRAVEL IN THE UNITED STATES AT NOT TO EXCEED THE AMOUNT PAYABLE FOR THE DISTANCE FROM THE OLD STATION TO THE APPROPRIATE PORT OF EMBARKATION IN THE UNITED STATES FOR THE NEW STATION. SEE DECISIONS OF APRIL 16, 1956, B-126891; AUGUST 23, 1955, B-123768; AND FEBRUARY 29, 1956, B-125713.

ACCORDINGLY, IF THE SUBMITTED VOUCHER, RETURNED HEREWITH, IS AMENDED TO PROVIDE FOR PAYMENT FOR CONSTRUCTIVE TRAVEL FROM SAN DIEGO TO SAN FRANCISCO, APPROPRIATE PORT OF DEPARTURE IN THIS CASE, PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.