B-129292, OCT. 11, 1956

B-129292: Oct 11, 1956

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WHILE THE REPORTING DATE WAS EXTENDED TO NOVEMBER 8. IT IS SHOWN THAT HE REPORTED ON NOVEMBER 3. IT IS REPORTED THAT HE WAS MARRIED ON NOVEMBER 20. AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS HAVE COMPLETED TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION "IF TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO BE FURNISHED OR TRAVEL ALLOWANCES ARE AUTHORIZED TO BE PAID.'. PARAGRAPH 7060-1 OF THE REGULATIONS AUTHORIZES TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IF THE MARRIAGE DATE WAS PRIOR TO THE EFFECTIVE DATE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION. PARAGRAPH 3003-1B OF THE REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY IN REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDER.

B-129292, OCT. 11, 1956

TO S. F. LEADER, DISBURSING OFFICER, U.S. MARINE CORPS:

BY FIRST ENDORSEMENT OF SEPTEMBER 19, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF SEPTEMBER 11, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT TO TECHNICAL SERGEANT GEORGE DECELIS, USMC, OF A DISLOCATION ALLOWANCE IN CONNECTION WITH THE TRAVEL PERFORMED BY HIS WIFE UNDER THE FOLLOWING CIRCUMSTANCES.

PERMANENT CHANGE OF STATION ORDERS DATED AUGUST 22, 1955, DIRECTED THE ENLISTED MAN TO PROCEED FROM CAMP PENDLETON, CALIFORNIA, AND REPORT NOT LATER THAN MIDNIGHT NOVEMBER 1, 1955, TO THE COMMANDING OFFICER, MARINE BARRACKS, NAVAL STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, FOR FURTHER TRANSFER TO HIS NEW STATION OVERSEAS, 30 DAYS DELAY EN ROUTE BEING GRANTED. WHILE THE REPORTING DATE WAS EXTENDED TO NOVEMBER 8, 1955, BY WESTERN UNION MESSAGE, IT IS SHOWN THAT HE REPORTED ON NOVEMBER 3, 1955. ENDORSEMENT OF NOVEMBER 10, 1955, GRANTED ADDITIONAL LEAVE FROM NOVEMBER 12 TO 24, 1955. IT IS REPORTED THAT HE WAS MARRIED ON NOVEMBER 20, 1955, AT SEATTLE, WASHINGTON, AND THAT HIS WIFE LEFT THAT PLACE TWO DAYS LATER AND ARRIVED AT HIS OVERSEAS STATION IN HAWAII ON NOVEMBER 29, 1955, THE TRAVEL APPARENTLY HAVING BEEN PERFORMED WITH THE ENLISTED MAN VIA TRAVIS AIR FORCE BASE, FAIRFIELD, SUISUN, CALIFORNIA.

PARAGRAPH 9002-I, JOINT TRAVEL REGULATIONS, AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS HAVE COMPLETED TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION "IF TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO BE FURNISHED OR TRAVEL ALLOWANCES ARE AUTHORIZED TO BE PAID.' PARAGRAPH 7060-1 OF THE REGULATIONS AUTHORIZES TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IF THE MARRIAGE DATE WAS PRIOR TO THE EFFECTIVE DATE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION. PARAGRAPH 3003-1B OF THE REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY IN REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDER, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF ORDERS.

THE EFFECTIVE DATE OF ORDERS FOR PURPOSES OF A MEMBER'S TRAVEL AND FOR THAT OF HIS DEPENDENTS, ARE NOT THE SAME IN ALL CASES. IT HAS BEEN RECOGNIZED THAT WHEN A MEMBER IS DETACHED FROM A PERMANENT DUTY STATION OVERSEAS AND IS ORDERED TO A TEMPORARY DUTY STATION IN THE UNITED STATES FOR PROCESSING AND DISPOSITION, A WIFE ACQUIRED BY MARRIAGE BEFORE ORDERS ARE ISSUED DIRECTING TRAVEL TO A NEW PERMANENT STATION MAY BE TRANSPORTED TO SUCH STATION AT GOVERNMENT EXPENSE AT NOT TO EXCEED THE COST FROM THE TEMPORARY STATION TO THE NEW STATION. 26 COMP. GEN. 339, 32 COMP. GEN. 543, PARAGRAPH 7060-3, JOINT TRAVEL REGULATIONS. ALSO, IT HAS BEEN HELD THAT WHERE PERMANENT CHANGE OF STATION ORDERS DIRECT THE PERFORMANCE OF TEMPORARY DUTY EN ROUTE TO THE NEW STATION AND SUCH ORDERS ARE AMENDED PRIOR TO THE COMPLETION OF TEMPORARY DUTY, SO AS TO CHANGE THE PLACE OF THE NEW PERMANENT CHANGE OF STATION, TRAVEL OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE ONLY ON THE BASIS OF THE DISTANCE FROM THE OLD TO THE ULTIMATE NEW STATION. SEE B-112851, MARCH 11, 1953. IN SUCH CIRCUMSTANCES, IT APPEARS THAT THE EFFECTIVE DATE OF THE PERMANENT CHANGE OF STATION ORDERS FOR PURPOSES OF DEPENDENTS' TRAVEL IS THE DATE TRAVEL IS REQUIRED FROM THE TEMPORARY DUTY STATION AND PARAGRAPH 7005-3A OF THE NAVY TRAVEL INSTRUCTIONS SO PROVIDES.

DECELIS WAS ORDERED TO REPORT AT TREASURE ISLAND FOR FURTHER TRANSFER TO HIS OVERSEAS STATION. IF THOSE ORDERS HAD BEEN CANCELLED BEFORE HIS DEPARTURE FROM THE UNITED STATES, NO RIGHT TO TRANSPORTATION OF HIS NEWLY ACQUIRED WIFE TO CAMP PENDLETON WOULD HAVE ACCRUED TO HIM. HOWEVER, SINCE SUCH ORDERS WERE NOT AMENDED OR CANCELLED AND HE MARRIED BEFORE HE WAS ORDERED TO REPORT FOR TRANSPORTATION AT TRAVIS AIR FORCE BASE, TRANSPORTATION OF HIS DEPENDENT WIFE TO HIS OVERSEAS STATION WAS AUTHORIZED FROM TREASURE ISLAND.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.