B-128848, OCT. 23, 1956

B-128848: Oct 23, 1956

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YOU WERE RELIEVED FROM DUTY ON A PERMANENT CHANGE OF STATION FROM WASHINGTON. FROM THERE YOU WERE DIRECTED TO PROCEED TO TRAVIS AIR FORCE BASE. IT APPEARS THAT AT THE TIME OF SUCH TRANSFER YOUR WIFE AND CHILDREN WERE VISITING IN AUSTRALIA AND YOUR ORDERS MADE NO PROVISIONS FOR THEM TO ACCOMPANY YOU TO YOUR NEW STATION IN JAPAN. THERE IS IN THE FILE A COPY OF PERMANENT CHANGE OF STATION ORDERS DATED MAY 17. IN MAY 1952 CLEARANCE WAS GRANTED FOR YOUR WIFE AND CHILDREN TO ENTER JAPAN AND BY ORDERS DATED SEPTEMBER 8. THEY WERE AUTHORIZED TO TRAVEL FROM MANILA TO JAPAN ON THE FIRST AVAILABLE GOVERNMENT AIR TRANSPORTATION. OUR RECORDS INDICATE THAT TRANSPORTATION BY A VESSEL OR AIRCRAFT OF UNITED STATES REGISTRY WOULD NOT HAVE BEEN AVAILABLE FOR SUCH TRAVEL.

B-128848, OCT. 23, 1956

TO CAPTAIN LESTER S. TRUEX:

YOUR LETTER OF JULY 16, 1956, REQUESTS REVIEW OF OUR CLAIMS DIVISION SETTLEMENT OF OCTOBER 5, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR WIFE FROM MELBOURNE, AUSTRALIA, TO MANILA, REPUBLIC OF THE PHILIPPINES, INCIDENT TO HER TRAVEL TO YOUR DUTY STATION IN JAPAN.

THE RECORD SHOWS THAT BY ORDERS DATED AUGUST 16 AND SEPTEMBER 14, 1951, YOU WERE RELIEVED FROM DUTY ON A PERMANENT CHANGE OF STATION FROM WASHINGTON, D.C., AND DIRECTED TO PROCEED TO CAMP PICKETT, VIRGINIA, REPORTING THERE NOT LATER THAN OCTOBER 1, 1951, AND FROM THERE YOU WERE DIRECTED TO PROCEED TO TRAVIS AIR FORCE BASE, CALIFORNIA, FOR TRANSFER TO THE FAR EAST COMMAND, TOKYO, JAPAN. IT APPEARS THAT AT THE TIME OF SUCH TRANSFER YOUR WIFE AND CHILDREN WERE VISITING IN AUSTRALIA AND YOUR ORDERS MADE NO PROVISIONS FOR THEM TO ACCOMPANY YOU TO YOUR NEW STATION IN JAPAN. AFTER YOU ARRIVED OVERSEAS, LETTER ORDER NO. 3, APO 500, PLACED YOU ON DETACHED DUTY FOR 30 DAYS AT APO 301 EFFECTIVE ON OR ABOUT NOVEMBER 16, 1951. ALSO, THERE IS IN THE FILE A COPY OF PERMANENT CHANGE OF STATION ORDERS DATED MAY 17, 1952, WHICH RELIEVED YOU FROM ASSIGNMENT AND DUTY AT APO 301 AND ASSIGNED YOU TO AN ORGANIZATION AT APO 500 AND PROVIDED FOR FURTHER DETACHED SERVICE AT APO 301.

IN MAY 1952 CLEARANCE WAS GRANTED FOR YOUR WIFE AND CHILDREN TO ENTER JAPAN AND BY ORDERS DATED SEPTEMBER 8, 1952, THEY WERE AUTHORIZED TO TRAVEL FROM MANILA TO JAPAN ON THE FIRST AVAILABLE GOVERNMENT AIR TRANSPORTATION. IT APPEARS THAT DURING THE PERIOD SEPTEMBER 3 TO 7, 1952, THEY TRAVELED FROM MELBOURNE TO MANILA BY A COMMERCIAL AIRCRAFT, APPARENTLY OF FOREIGN REGISTRY. OUR RECORDS INDICATE THAT TRANSPORTATION BY A VESSEL OR AIRCRAFT OF UNITED STATES REGISTRY WOULD NOT HAVE BEEN AVAILABLE FOR SUCH TRAVEL. YOU CLAIM REIMBURSEMENT FOR THE COST OF THAT TRAVEL, CITING PARAGRAPHS 7055 AND 7058 OF THE JOINT TRAVEL REGULATIONS.

PARAGRAPH 7055 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT IF A MEMBER, UPON RECEIPT OF PERMANENT CHANGE OF STATION ORDERS, RETAINS HIS DEPENDENTS AT THE PLACE AT WHICH THEY WERE LOCATED WHEN SUCH ORDERS WERE RECEIVED, AND HE RECEIVES ASSIGNMENT TO SOME SUBSEQUENT PERMANENT STATION, HE SHALL BE ENTITLED (UPON ASSIGNMENT TO SUCH SUBSEQUENT PERMANENT STATION) TO TRANSPORTATION FOR HIS DEPENDENTS AT GOVERNMENT EXPENSE NOT IN EXCESS OF THE DISTANCE FROM THE STATION FROM WHICH HE TRAVELED WHEN HIS DEPENDENTS WERE SO RETAINED TO SUCH SUBSEQUENT PERMANENT STATION, OR FROM HIS LAST PERMANENT STATION TO HIS NEW PERMANENT STATION, WHICHEVER IS GREATER, IRRESPECTIVE OF ANY INTERIM PERMANENT CHANGES OF STATION UPON WHICH HE DID NOT EXERCISE HIS RIGHTS TO DEPENDENTS' TRANSPORTATION.

PARAGRAPH 7058 PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FOR TRAVEL PERFORMED FROM OTHER THAN THE OLD PERMANENT STATION TO THE NEW STATION NOT TO EXCEED THE ENTITLEMENT FROM THE OLD TO THE NEW STATION.

UNDER EARLIER STATUTES AUTHORIZING THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION IT WAS THE RULE AT ALL TIMES THAT THE TRAVEL OF DEPENDENTS FOR WHICH TRANSPORTATION IN KIND (OR REIMBURSEMENT UPON COMPLETION WHEN PERFORMED AT PERSONNEL EXPENSE) WAS AUTHORIZED WAS LIMITED TO TRAVEL EQUAL TO THE DISTANCE FROM THE LAST PLACE WHERE LOCATED TO THE NEW STATION, NOT TO EXCEED THE DISTANCE FROM THE LAST OLD STATION TO THE NEW PERMANENT STATION. THAT IS TO SAY, THE MAXIMUM AMOUNT REIMBURSABLE ON ACCOUNT OF DEPENDENT TRAVEL BETWEEN POINTS OTHER THAN THE OLD AND THE NEW STATION COULD NOT, IN ANY EVENT, EXCEED THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT HAD TRAVEL IN FACT BEEN BETWEEN THE OLD AND THE NEW PERMANENT STATIONS. THE APPLICABLE PROVISIONS OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, SEEM CLEARLY CONSISTENT WITH THIS LONG-ESTABLISHED RULE. 34 COMP. GEN. 467. VIEWED IN THIS LIGHT, IT WOULD APPEAR THAT THE ENTITLEMENT TO REIMBURSEMENT FOR DEPENDENT TRAVEL, SAVED BY PARAGRAPH 7058, JOINT TRAVEL REGULATIONS, TO A MEMBER WHOSE DEPENDENTS TRAVEL TO THE NEW STATION INCIDENT TO AN ORDERED CHANGE OF PERMANENT STATION FROM A POINT OTHER THAN THE OLD STATION PROPERLY IS TO BE ASCERTAINED BY FIRST DETERMINING THE COST OF CONSTRUCTIVE TRAVEL FROM THE OLD TO THE NEW STATION, WHICH AMOUNT, IN TURN, CONSTITUTES THE MAXIMUM AMOUNT REIMBURSABLE IN ANY CASE. THUS, HAD YOUR DEPENDENT TRAVELED FROM YOUR OLD PERMANENT STATION TO JAPAN, REIMBURSEMENT WOULD HAVE BEEN LIMITED TO MILEAGE AT THE RATE OF $0.06 A MILE FOR LAND TRAVEL FROM CAMP PICKETT, VIRGINIA, TO SAN FRANCISCO, CALIFORNIA, SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR WATER TRAVEL FROM CONTINENTAL UNITED STATES TO JAPAN.

ACCORDINGLY, AND SINCE THE COST TO YOU OF TRANSPORTING YOUR DEPENDENT FROM MELBOURNE, AUSTRALIA, TO MANILA AT PERSONAL EXPENSE, NOT TO EXCEED THE COST BY COMMERCIAL VESSEL AS AUTHORIZED BY PARAGRAPH 7002-2B, JOINT TRAVEL REGULATIONS, CLEARLY EXCEEDED THE COST TO THE GOVERNMENT HAD YOUR DEPENDENT TRAVELED FROM YOUR OLD STATION, YOU ARE ENTITLED TO REIMBURSEMENT EQUIVALENT TO MILEAGE FOR CONSTRUCTIVE TRAVEL FROM CAMP PICKETT TO SAN FRANCISCO. A SETTLEMENT COMPUTED BY THE BASIS INDICATED ABOVE WILL ISSUE AT AN EARLY DATE.