B-131163, JUN. 4, 1957

B-131163: Jun 4, 1957

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IT APPEARS FROM THE RECORD THAT WHILE YOU WERE STATIONED IN VENEZUELA. ORDINARILY TRANSPORTATION OF DEPENDENTS IS AUTHORIZED ONLY AFTER ISSUANCE OF CHANGE OF STATION ORDERS FOR THE MEMBER CONCERNED. PROVIDES THAT WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED. OR WHEN ORDERS ARE OF SUCH NATURE AS TO NOT AUTHORIZE TRANSPORTATION OF THE DEPENDENTS. ARE SET OUT IN PARAGRAPH 7009 OF THE JOINT TRAVEL REGULATIONS. ORDERS MAY BE ISSUED BY COMMANDING OFFICERS "WHO ARE AUTHORIZED TO ISSUE PERMANENT CHANGE OF STATION TRAVEL ORDERS. SUBPARAGRAPH 7009-3 WAS NOT IN EFFECT AT THE TIME OF YOUR DEPENDENT'S TRAVEL. IS NOT APPLICABLE. THE MATTER WAS CONTROLLED BY PARAGRAPH 7009 (CH. 2) DATED AUGUST 1.

B-131163, JUN. 4, 1957

TO COLONEL CHARLES L. HALEY, III:

YOUR COMMUNICATION OF JUNE 14, 1956, IN EFFECT REQUESTS REVIEW OF OUR SETTLEMENT DATED MAY 2, 1956, WHICH PARTIALLY DISALLOWED YOUR CLAIM FOR DEPENDENT'S TRAVEL (SON) FROM FLORENCE, ALABAMA, TO CARLISLE BARRACKS, PENNSYLVANIA, ON AUGUST 12, 1955, TRAVEL HAVING BEEN PERFORMED FROM CARACAS, VENEZUELA, TO FLORENCE, ALABAMA, ON AUGUST 1, 1954.

IT APPEARS FROM THE RECORD THAT WHILE YOU WERE STATIONED IN VENEZUELA, AS ARMY ATTACHE AT CARACAS, DUE TO CROWDED CONDITIONS IN THE CAMPO ALEGRE SCHOOL, WHICH YOU SON HAD BEEN ATTENDING FOR TWO YEARS, ON AUGUST 1, 1954, HE RETURNED TO FLORENCE, ALABAMA, AND THAT HE ATTENDED SCHOOL THERE UNTIL AUGUST 12, 1955, WHEN HE TRAVELED TO CARLISLE BARRACKS, PENNSYLVANIA. YOUR CLAIM COVERS THE DIFFERENCE FOR MILEAGE BETWEEN FLORENCE AND CARLISLE BARRACKS AND BETWEEN NEW YORK, NEW YORK, AND CARLISLE BARRACKS, PAYMENT FOR THE LATTER TRAVEL HAVING BEEN ALLOWED BY THE SETTLEMENT OF MAY 2, 1956. IT FURTHER APPEARS THAT YOUR DUTY STATION AT CARACAS REMAINED UNCHANGED UNTIL THE ISSUANCE OF ORDERS DATED APRIL 12, 1955, WHICH RELIEVED YOU OF THAT ASSIGNMENT AND ASSIGNED YOU TO THE STAFF AND FACULTY ARMY WAR COLLEGE, CARLISLE BARRACKS, PENNSYLVANIA, DIRECTING THAT YOU REPORT ON OR ABOUT AUGUST 10, 1955.

ORDINARILY TRANSPORTATION OF DEPENDENTS IS AUTHORIZED ONLY AFTER ISSUANCE OF CHANGE OF STATION ORDERS FOR THE MEMBER CONCERNED. IN ADDITION TO THE AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT PUBLIC EXPENSE ON THE BASIS OF A PERMANENT CHANGE OF DUTY STATION, SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED, OR WHEN ORDERS ARE OF SUCH NATURE AS TO NOT AUTHORIZE TRANSPORTATION OF THE DEPENDENTS, THE SECRETARIES CONCERNED NEVERTHELESS, MAY AUTHORIZE THE MOVEMENT OF THE DEPENDENTS AT GOVERNMENT EXPENSE "ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES.' REGULATIONS PROVIDING FOR TRANSPORTATION OF DEPENDENTS FROM STATIONS OUTSIDE THE UNITED STATES, ISSUED PURSUANT TO THAT AUTHORITY, ARE SET OUT IN PARAGRAPH 7009 OF THE JOINT TRAVEL REGULATIONS.

YOU CITE SUBPARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS AS AUTHORITY FOR THE MOVEMENT OF YOUR SON TO THE UNITED STATES PRIOR TO YOUR CHANGE OF STATION. THAT REGULATION PROVIDES THAT, UPON REQUEST OF A MEMBER OTHERWISE ENTITLED TO TRANSPORTATION OF DEPENDENTS, ORDERS MAY BE ISSUED BY COMMANDING OFFICERS "WHO ARE AUTHORIZED TO ISSUE PERMANENT CHANGE OF STATION TRAVEL ORDERS," AUTHORIZING ADVANCE RETURN OF HIS DEPENDENTS TO THE UNITED STATES, UNDER THE CIRCUMSTANCES AND FOR THE REASONS THERE SET FORTH, INCLUDING "LACK OF APPROPRIATE EDUCATIONAL FACILITIES FOR THE CHILDREN.'

SUBPARAGRAPH 7009-3 WAS NOT IN EFFECT AT THE TIME OF YOUR DEPENDENT'S TRAVEL, AND, HENCE, IS NOT APPLICABLE, THAT REGULATION HAVING BEEN PROMULGATED BY CHANGE NO. 29, DECEMBER 1, 1954, JOINT TRAVEL REGULATIONS. RATHER, THE MATTER WAS CONTROLLED BY PARAGRAPH 7009 (CH. 2) DATED AUGUST 1, 1952. UNDER THAT PARAGRAPH, IN THE ABSENCE OF APPROVAL BY "COMPETENT AUTHORITY," WHICH IN YOUR CASE APPEARS TO HAVE BEEN G-2, HEADQUARTERS DEPARTMENT OF THE ARMY, THERE WAS NO AUTHORITY FOR THE TRANSPORTATION OF YOUR DEPENDENT AT GOVERNMENT EXPENSE UNTIL AFTER THE ISSUANCE OF YOUR CHANGE OF STATION ORDERS.

ACCORDINGLY, ON THE PRESENT RECORD, AND IN THE ABSENCE OF A SHOWING THAT YOUR DEPENDENT'S TRAVEL WAS DIRECTED BY COMPETENT AUTHORITY AS CONTEMPLATED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949 AND THE TRAVEL REGULATIONS IN EFFECT AT THE TIME, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT TO YOU OF THE COST OF HIS ADDITIONAL TRAVEL.

THE SETTLEMENT OF MAY 2, 1956, WAS CORRECT AND MUST BE AND IS SUSTAINED.