B-129851, DEC 13, 1956

B-129851: Dec 13, 1956

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REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER STATED IN FAVOR OF CAPTAIN DON C. YOU ARE OF THE OPINION THAT. THE CIRCUMSTANCES SURROUNDING THE TRAVEL IN THIS CASE ARE SIMILAR TO THOSE CONSIDERED IN B-126670. THAT OUR DIVISION OF AUDITS IS CONTINUING TO ISSUE NOTICES OF EXCEPTION TO PAYMENTS OF DEPENDENT TRAVEL SIMILAR TO THIS CASE AND THE CASE CONSIDERED IN DECISION OF MARCH 27. THE OFFICER WAS RELEASED FROM ASSIGNMENT OVERSEAS AND ASSIGNED TO FORT DEVENS. THAT HE WAS UNABLE TO FIND ANY QUARTERS WHERE PROPER FOOD COULD BE PREPARED FOR HIS CHILDREN. THE OFFICER CERTIFIED THAT THE TRAVEL OF HIS DEPENDENTS WAS PERFORMED WITH THE INTENTION TO ESTABLISH A RESIDENCE IN THE FORT DEVENS AREA.

B-129851, DEC 13, 1956

PRECIS-UNAVAILABLE

MAJOR L. M. CHANEY, DISBURSING OFFICER THROUGH THE CHIEF OF FINANCE:

YOUR LETTER OF OCTOBER 24, 1956, WITH ENCLOSURES, FORWARDED HERE BY FIRST ENDORSEMENT DATED NOVEMBER 19, 1956, REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER STATED IN FAVOR OF CAPTAIN DON C. MARCHE, 02033160, INFANTRY, FOR REIMBURSEMENT FOR HIS WIFE'S TRAVEL FROM CHAPMAN, KANSAS, TO FORT DEVENS, MASSACHUSETTS, DURING THE PERIOD JULY 9 TO 19, 1956, PURSUANT TO ORDERS DATED JANUARY 9, 1956. YOU ARE OF THE OPINION THAT, WITH THE EXCEPTION OF THE LENGTH OF TIME THE DEPENDENTS RESIDED AT THE NEW LOCATION, THE CIRCUMSTANCES SURROUNDING THE TRAVEL IN THIS CASE ARE SIMILAR TO THOSE CONSIDERED IN B-126670, MARCH 27, 1956, WHERE WE AUTHORIZED PAYMENT. YOU EXPRESS DOUBT AS TO THE PROPRIETY OF THE PAYMENT IN THIS CASE, HOWEVER, IN VIEW OF THE FACT, AS YOU STATE, THAT OUR DIVISION OF AUDITS IS CONTINUING TO ISSUE NOTICES OF EXCEPTION TO PAYMENTS OF DEPENDENT TRAVEL SIMILAR TO THIS CASE AND THE CASE CONSIDERED IN DECISION OF MARCH 27, 1956.

BY SPECIAL ORDERS NO. 6, DATED JANUARY 9, 1956, HEADQUARTERS, UNITED STATES MILITARY ADVISORY GROUP TO THE REPUBLIC OF KOREA, APO 102, THE OFFICER WAS RELEASED FROM ASSIGNMENT OVERSEAS AND ASSIGNED TO FORT DEVENS, MASSACHUSETTS, WITH TEMPORARY DUTY ENROUTE AT THE INFANTRY SCHOOL, FORT BENNING, GEORGIA, FOR THE PURPOSE OF ATTENDING ASSOCIATE INFANTRY OFFICERS' ADVANCE COURSE FOR APPROXIMATELY 17 WEEKS.

THE OFFICER STATES THAT HIS WIFE AND TWO CHILDREN (AGES THREE YEARS AND 18 MONTHS) TRAVELED BY PRIVATELY OWNED VEHICLE FROM CHAPMAN, KANSAS, TO FORT BENNING, GEORGIA, AND ACCOMPANIED HIM FROM THAT POINT TO FORT DEVENS, MASSACHUSETTS, DURING THE PERIOD JULY 9 TO 19, 1956. HE FURTHER STATES THAT HIS DEPENDENTS RESIDED AT THE GROTON INN IN THE VICINITY OF FORT DEVENS FOR A PERIOD OF ONE WEEK WHILE HE ENDEAVORED TO FIND ADEQUATE HOUSING TO ESTABLISH A RESIDENCE THERE, BUT THAT HE WAS UNABLE TO FIND ANY QUARTERS WHERE PROPER FOOD COULD BE PREPARED FOR HIS CHILDREN. THE OFFICER ALSO STATES THAT THE CHILDREN BECAME ILL AS A RESULT OF DEPARTING FROM THEIR REGULAR DIET AND BEING INADEQUATELY HOUSED IN A SINGLE ROOM, THE HOUSING IN THAT AREA BEING FILLED, WITH MANY ON THE WAITING LIST, CONSEQUENTLY, HIS WIFE RETURNED TO THEIR HOME IN CHAPMAN, KANSAS. THE OFFICER CERTIFIED THAT THE TRAVEL OF HIS DEPENDENTS WAS PERFORMED WITH THE INTENTION TO ESTABLISH A RESIDENCE IN THE FORT DEVENS AREA.

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, PROVIDES FOR TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION, EXCEPT SUCH EXPENSE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT (PARAGRAPH 7000-13) FOR ANY TRAVEL OF DEPENDENTS BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE, AND TRAVEL EXPENSE OF DEPENDENTS FOR PLEASURE TRIPS OR FOR PURPOSE OTHER THAN WITH THE INTENT TO CHANGE THE DEPENDENT'S RESIDENCE. WHILE THE OFFICER'S DEPENDENTS IN THIS CASE REMAINED AT FORT DEVENS FOR A RELATIVELY SHORT PERIOD, THEIR STAY IN THAT AREA WAS TERMINATED BECAUSE OF CONDITIONS WHICH WERE ASCERTAINED AFTER ARRIVAL. HENCE, THE CERTIFICATE AND STATEMENT FURNISHED BY THE OFFICER MAY BE ACCEPTED AS ESTABLISHING THAT WHEN THE TRAVEL WAS PERFORMED HIS DEPENDENTS INTENDED TO ESTABLISH A RESIDENCE AT FORT DEVENS, MASSACHUSETTS, AS CONTEMPLATED BY THE REGULATIONS.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT ON THE VOUCHER BEING AUTHORIZED, IF OTHERWISE CORRECT.