B-129195, OCT. 12, 1956

B-129195: Oct 12, 1956

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TO THE SECRETARY OF THE NAVY: FURTHER REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 6. UNDER ORDERS TO AN OVERSEAS STATION TO WHICH TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS IS NOT RESTRICTED IF THE PROPOSED REGULATIONS PROVIDE THAT THE DEPENDENTS REMAIN AT THE INTERMEDIATE POINT FOR A PERIOD OF NOT LESS THAN 20 WEEKS. THE RIGHT OF A MEMBER OF THE UNIFORMED SERVICES TO PAYMENT FOR THE COST OF TRANSPORTING HIS DEPENDENTS ON PERMANENT CHANGE OF STATION UNDER ORDERS THAT DO NOT RESTRICT TRAVEL OF DEPENDENTS TO THE NEW STATION IS BASED ON. IS NO GREATER THAN THE RIGHTS SECURED TO HIM UNDER SUCH ORDERS INCIDENT TO HIS OWN TRAVEL. IT IS UNDERSTOOD. ARE NOT HERE INVOLVED. EXPRESSLY LIMITED THE FURNISHING OF TRANSPORTATION FOR DEPENDENTS OF ELIGIBLE PERSONNEL ORDERED TO MAKE A PERMANENT CHANGE OF STATION TO TRANSPORTATION "TO HIS NEW STATION" AND IT WAS PROVIDED THAT.

B-129195, OCT. 12, 1956

TO THE SECRETARY OF THE NAVY:

FURTHER REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 6, 1956, FROM THE ASSISTANT SECRETARY OF THE NAVY (PERSONNEL AND RESERVE FORCES), REQUESTING A DECISION AS TO THE LEGALITY OF PROPOSED AMENDMENTS TO THE JOINT TRAVEL REGULATIONS THAT WOULD AUTHORIZE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM AN OLD STATION IN THE UNITED STATES TO A NEW STATION OVERSEAS VIA A POINT IN THE UNITED STATES, DESIGNATED BY THE MEMBER CONCERNED, UNDER ORDERS TO AN OVERSEAS STATION TO WHICH TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS IS NOT RESTRICTED IF THE PROPOSED REGULATIONS PROVIDE THAT THE DEPENDENTS REMAIN AT THE INTERMEDIATE POINT FOR A PERIOD OF NOT LESS THAN 20 WEEKS.

THE RIGHT OF A MEMBER OF THE UNIFORMED SERVICES TO PAYMENT FOR THE COST OF TRANSPORTING HIS DEPENDENTS ON PERMANENT CHANGE OF STATION UNDER ORDERS THAT DO NOT RESTRICT TRAVEL OF DEPENDENTS TO THE NEW STATION IS BASED ON, AND IS NO GREATER THAN THE RIGHTS SECURED TO HIM UNDER SUCH ORDERS INCIDENT TO HIS OWN TRAVEL, UNLESS APPLICABLE PROVISONS OF LAW SPECIFICALLY PROVIDE OTHERWISE. ASIDE FROM QUESTIONS OF MOVEMENT TO STORAGE, WHICH, IT IS UNDERSTOOD, ARE NOT HERE INVOLVED, THE SAME LIMITATIONS WOULD APPEAR TO APPLY TO TRANSPORTATION OF HOUSEHOLD EFFECTS.

EARLIER PROVISIONS OF LAW IN EFFECT PRIOR TO ENACTMENT OF SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813 (SEE SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, AND SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364), EXPRESSLY LIMITED THE FURNISHING OF TRANSPORTATION FOR DEPENDENTS OF ELIGIBLE PERSONNEL ORDERED TO MAKE A PERMANENT CHANGE OF STATION TO TRANSPORTATION "TO HIS NEW STATION" AND IT WAS PROVIDED THAT, IF THE COST OF SUCH TRANSPORTATION EXCEEDED THAT FROM THE OLD TO THE NEW STATION, THE EXCESS COSTS MUST BE BORNE BY THE MEMBER CONCERNED. UNLESS SECTION 303 (C) OF THE CAREER COMPENSATION ACT CLEARLY CHANGED THE LAW AND AUTHORIZED TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OVER A CIRCUITOUS ROUTE, VIA A THIRD POINT, FROM THE OLD TO THE NEW STATION, THE FACT, THAT PERSONAL CIRCUMSTANCES, AS DISTINGUISHED FROM MILITARY REQUIREMENTS, MAKE TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD EFFECTS TO A THIRD POINT FOR A MORE OR LESS LIMITED PERIOD OF TIME ADVANTAGEOUS FROM THE MEMBER'S POINT OF VIEW, FURNISHES NO BASIS FOR THEIR MOVEMENT AT GOVERNMENT EXPENSE TO SUCH PLACE BEFORE BEING MOVED TO THE NEW STATION OVERSEAS. A PROVISION IN ADMINISTRATIVE REGULATIONS THAT THE DEPENDENTS AND HOUSEHOLD EFFECTS REMAIN AT SUCH PLACE AT LEAST 20 WEEKS, BEFORE PROCEEDING TO THE NEW STATION, WOULD HAVE NO BEARING ON THE MEMBER'S RIGHTS TO HAVE THEM MOVED TO HIS NEW STATION VIA THAT PLACE, SINCE HIS RIGHTS TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ARE BASED ON HIS PERMANENT CHANGE OF STATION ORDERS, NOT ON THE LENGTH OF TIME THEY MIGHT REMAIN AT ANY PARTICULAR PLACE EN ROUTE TO THE NEW STATION.

WHILE SECTION 303 (C) OF THE CAREER COMPENSATION ACT CONTAINS LANGUAGE DIFFERING FROM THAT USED IN PRIOR LEGISLATION RELATING TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE AND AUTHORIZES THE FURNISHING OF TRANSPORTATION "TO AND FROM SUCH LOCATIONS" AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, NOTHING HAS BEEN FOUND IN THE LEGISLATIVE HISTORY OF THAT ACT WHICH INDICATES IN ANY WAY AN INTENT TO GRANT A MEMBER RIGHTS TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ON A BROADER BASIS THAN THAT WHICH ACCRUES FOR HIS PERSONAL TRAVEL TO HIS NEW STATION WHEN CONCURRENT TRAVEL AND SHIPMENT ARE NOT RESTRICTED. WHEN GENERAL DAHLQUIST WAS ASKED TO COMMENT ON THE PROVISIONS OF SECTION 303 (C) OF THE THEN PROPOSED LEGISLATION HE STATED ,THAT IS SUBSTANTIALLY WHAT WE HAVE IN THE PRESENT LAW.' SEE PAGE 1712 OF THE HOUSE HEARINGS ON SUCH LEGISLATION. SIMILARLY, IN THE HEARINGS BEFORE THE SENATE COMMITTEE ON ARMED SERVICES, ADMIRAL FECHTELER, IN REPLY TO A QUESTION AS TO WHAT CHANGES THE PROPOSED LEGISLATION MADE IN EXISTING TRAVEL AND TRANSPORTATION ALLOWANCES, STATED "WELL, IT IS ESSENTIALLY PRESENT LAW WITH NEW RATES.' SEE PAGE 281 OF SUCH HEARINGS. APPARENTLY, THE AUTHORITY TO MOVE DEPENDENTS AND HOUSEHOLD EFFECTS "TO AND FROM SUCH LOCATIONS" AS MIGHT BE PRESCRIBED BY THE SECRETARIES CONCERNED WAS TO BE EXERCISED WITHIN THE LIMITATION OF TRANSPORTATION FROM THE OLD TO THE NEW STATION.

THE CURRENT PROVISIONS OF THE JOINT TRAVEL REGULATIONS LIMIT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE ON THE BASIS OF ENTITLEMENT ONLY FROM THE OLD TO THE NEW STATION WHEN TRANSPORTATION TO THE NEW STATION IS NOT RESTRICTED. IT IS BELIEVED THAT SUCH REGULATIONS EXPRESS THE INTENT OF CONGRESS AS TO THIS MATTER. IT IS CONCLUDED, THEREFORE, THAT THE STATUTE DOES NOT AUTHORIZE THE SUGGESTED AMENDMENT OF THE REGULATIONS.