B-128170, JUL. 2, 1956

B-128170: Jul 2, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU WERE DETACHED FROM DUTY AT CAMP COOKE. YOUR GRADE AT THE TIME OF SUCH OVERSEAS ASSIGNMENT WAS THAT OF A CORPORAL. YOU WERE PLACED ON TEMPORARY DUTY WITH THE ARMY PERSONNEL CENTER. YOU WERE DIRECTED TO PROCEED TO THAT STATION FOR THE PURPOSE OF BEING GRANTED 47 DAYS' REENLISTMENT LEAVE. UPON COMPLETION OF THE LEAVE YOU WERE DIRECTED TO RETURN TO TEMPORARY DUTY STATUS AT CAMP KILMER FOR RETURN OF YOUR OVERSEAS ASSIGNMENT. TRAVEL AUTHORIZATION WAS ISSUED FOR THE TRANSPORTATION OF YOUR WIFE FROM ILLINOIS TO GERMANY. YOUR CLAIM FOR REIMBURSEMENT OF YOUR DEPENDENT'S TRAVEL FROM ILLINOIS TO NEW YORK PORT OF EMBARKATION WAS DISALLOWED FOR THE REASON THAT YOU WERE IN PAY GRADE E-4. IN YOUR LETTER YOU SAY THAT YOU WERE A SERGEANT AT THE TIME OF YOUR WIFE'S TRANSPORTATION.

B-128170, JUL. 2, 1956

TO SERGEANT LAVERNE C. DOYLE, USA:

YOUR UNDATED LETTER POSTMARKED MAY 16, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED APRIL 27, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM ROCKFORD, ILLINOIS, TO NEW YORK, NEW YORK, DURING THE PERIOD JULY 3 TO 6, 1954.

BY PARAGRAPH 38, SPECIAL ORDERS NO. 163, DATED AUGUST 26, 1952, YOU WERE DETACHED FROM DUTY AT CAMP COOKE, CALIFORNIA, AND TRANSFERRED TO THE PERSONNEL CENTER, CAMP KILMER, NEW BRUNSWICK, NEW JERSEY, FOR FURTHER ASSIGNMENT OVERSEAS. THE ORDERS PROVIDED THAT YOU PROCEED ON AUGUST 30, 1952, AND AUTHORIZED 8 DAYS' LEAVE BEFORE REPORTING TO CAMP KILMER. YOUR GRADE AT THE TIME OF SUCH OVERSEAS ASSIGNMENT WAS THAT OF A CORPORAL. SPECIAL ORDERS NO. 127, HEADQUARTERS, 327TH QUARTERMASTER BATTALION, APO 46, DATED AUGUST 5, 1953, YOU WERE PLACED ON TEMPORARY DUTY WITH THE ARMY PERSONNEL CENTER, CAMP KILMER, NEW JERSEY, AND YOU WERE DIRECTED TO PROCEED TO THAT STATION FOR THE PURPOSE OF BEING GRANTED 47 DAYS' REENLISTMENT LEAVE. UPON COMPLETION OF THE LEAVE YOU WERE DIRECTED TO RETURN TO TEMPORARY DUTY STATUS AT CAMP KILMER FOR RETURN OF YOUR OVERSEAS ASSIGNMENT. ON JULY 7, 1954, TRAVEL AUTHORIZATION WAS ISSUED FOR THE TRANSPORTATION OF YOUR WIFE FROM ILLINOIS TO GERMANY. YOUR CLAIM FOR REIMBURSEMENT OF YOUR DEPENDENT'S TRAVEL FROM ILLINOIS TO NEW YORK PORT OF EMBARKATION WAS DISALLOWED FOR THE REASON THAT YOU WERE IN PAY GRADE E-4, WITH LESS THAN 7 YEARS OF SERVICE ON AUGUST 26, 1952, THE DATE OF YOUR PERMANENT CHANGE OF STATION ORDERS. IN YOUR LETTER YOU SAY THAT YOU WERE A SERGEANT AT THE TIME OF YOUR WIFE'S TRANSPORTATION, AND THEREFORE, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF YOUR WIFE'S TRAVEL FROM ILLINOIS TO NEW YORK.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATION AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 7000 OF THOSE REGULATIONS, IN EFFECT AT THE TIME YOUR PERMANENT CHANGE OF STATION ORDERS WERE ISSUED PROVIDED THAT MEMBERS WERE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION EXCEPT (ITEM 1) ENLISTED MEMBERS IN PAY GRADES E-4 WITH LESS THAN 7 YEARS' SERVICE, E 3, E-2, AND E-1, UNLESS OTHERWISE SPECIFIED IN THE REGULATIONS. PARAGRAPH 3003-LB OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION ORDERS ISSUED TO A MEMBER WHICH DO NOT INVOLVE LEAVE OR DELAY EN ROUTE IS THE DATE OF THE MEMBER'S RELIEF FROM THE OLD STATION AND THAT IF LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. IN ORDER TO BE ENTITLED UNDER THESE REGULATIONS TO REIMBURSEMENT FOR YOUR WIFE'S TRAVEL YOU MUST HAVE HELD A GRADE FOR WHICH TRANSPORTATION OF DEPENDENTS WAS AUTHORIZED ON THE EFFECTIVE DATE OF YOUR PERMANENT CHANGE OF STATION ORDERS OF AUGUST 26, 1952, NOT WHEN YOUR DEPENDENT'S TRAVEL AUTHORIZATION WAS ISSUED. SEE 32 COMP. GEN. 543. SINCE YOU WERE A CORPORAL WITH LESS THAN 7 YEARS' SERVICE ON THE EFFECTIVE DATE OF YOUR PERMANENT CHANGE OF STATION ORDERS, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIMS.

ACCORDINGLY, THE SETTLEMENT OF APRIL 27, 1956, WAS CORRECT AND IS SUSTAINED.