B-131910, JUL. 24, 1957

B-131910: Jul 24, 1957

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JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 18. YOU WERE TRANSFERRED FROM FORT LEAVENWORTH. YOUR ASSIGNMENT WAS IN KOREA. YOU WERE REIMBURSED FOR THEIR LAND TRAVEL IN THE UNITED STATES FROM YOUR OLD STATION TO THE PORT OF EMBARKATION. THAT IS. YOU WERE TRANSFERRED FROM KOREA TO JAPAN. WERE ADVISED THAT YOUR FAMILY WOULD HAVE TO RETURN BY COMMERCIAL TRANSPORTATION TO SOME LOCATION IN THE UNITED STATES BEFORE A PORT CALL FOR TRAVEL TO JAPAN COULD BE ISSUED. THAT GOVERNMENT TRANSPORTATION OF YOUR DEPENDENTS WAS NOT AUTHORIZED EITHER FROM GERMANY TO THE UNITED STATES OR DIRECTLY TO JAPAN. AN AUTHORIZATION WAS ISSUED FOR TRAVEL OF YOUR DEPENDENTS TO JAPAN. WAS SHOWN AS SOLON. THE AUTHORIZATION WAS AMENDED IN AUGUST 1956.

B-131910, JUL. 24, 1957

TO LIEUTENANT COLONEL EDMUND WENDEL, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 18, 1957, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 22, 1957, WHICH ALLOWED $35.10 REPRESENTING THE BALANCE DUE AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FORT LEAVENWORTH, KANSAS, TO FORT MASON, CALIFORNIA.

BY ORDERS DATED APRIL 15, 1955, YOU WERE TRANSFERRED FROM FORT LEAVENWORTH, KANSAS, TO UNITED STATES ARMY FORCES FAR EAST. YOUR ASSIGNMENT WAS IN KOREA. ON THE BASIS OF THOSE ORDERS, YOUR DEPENDENTS TRAVELED FROM FORT LEAVENWORTH TO GERMANY WHERE THEY ESTABLISHED A RESIDENCE. YOU WERE REIMBURSED FOR THEIR LAND TRAVEL IN THE UNITED STATES FROM YOUR OLD STATION TO THE PORT OF EMBARKATION, THAT IS, FORT LEAVENWORTH, KANSAS, TO NEW YORK, NEW YORK. BY ORDERS DATED MARCH 1, 1956, AS AMENDED, YOU WERE TRANSFERRED FROM KOREA TO JAPAN. IN MARCH 1956, YOU MADE INQUIRY AS TO TRAVEL OF YOUR DEPENDENTS FROM GERMANY TO JAPAN, AND WERE ADVISED THAT YOUR FAMILY WOULD HAVE TO RETURN BY COMMERCIAL TRANSPORTATION TO SOME LOCATION IN THE UNITED STATES BEFORE A PORT CALL FOR TRAVEL TO JAPAN COULD BE ISSUED; ALSO, THAT GOVERNMENT TRANSPORTATION OF YOUR DEPENDENTS WAS NOT AUTHORIZED EITHER FROM GERMANY TO THE UNITED STATES OR DIRECTLY TO JAPAN. IN JUNE 1956, AN AUTHORIZATION WAS ISSUED FOR TRAVEL OF YOUR DEPENDENTS TO JAPAN. THEIR ADDRESS, HOWEVER, WAS SHOWN AS SOLON, OHIO. THE AUTHORIZATION WAS AMENDED IN AUGUST 1956, TO SHOW THAT A PORT CALL WOULD NOT BE ISSUED TO DEPENDENTS WHO INTENDED TO TRAVEL BY COMMERCIAL MEANS.

YOUR DEPENDENTS (WIFE, AND FOUR-YEAR OLD CHILD) TRAVELED FROM GERMANY TO JAPAN BY COMMERCIAL AIR DURING THE PERIOD AUGUST 31 TO SEPTEMBER 3, 1956. YOU PRESENTED CLAIM FOR REIMBURSEMENT BASED ON CONSTRUCTIVE TRAVEL OF DEPENDENTS FROM NEW YORK, NEW YORK, TO FORT MASON, CALIFORNIA. THE AMOUNT ALLOWED BY THE SETTLEMENT WAS BASED ON CONSTRUCTIVE TRAVEL FROM FORT LEAVENWORTH TO FORT MASON LESS THE AMOUNT PREVIOUSLY PAID FOR TRAVEL FROM FORT LEAVENWORTH TO NEW YORK. YOUR REQUEST FOR REVIEW IS PREMISED ON THE BELIEF THAT TRAVEL FROM FORT LEAVENWORTH TO NEW YORK WAS TRAVEL TO A DESIGNATED PLACE INCIDENT TO THE ORDERS TO A RESTRICTED OVERSEAS STATION AND, THEREFORE, THAT YOU SUBSEQUENTLY BECAME ENTITLED TO TRAVEL (OR CONSTRUCTIVE TRAVEL) OF DEPENDENTS FROM THAT PLACE TO THE PORT OF EMBARKATION FOR TRAVEL TO AN OVERSEAS STATION TO WHICH TRAVEL OF DEPENDENTS WAS AUTHORIZED.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS AND TO AND FROM SUCH LOCATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS OR REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND. THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE STATUTE AUTHORIZE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION, OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS, WITH A FURTHER PROVISION (PARAGRAPH 7008-3) THAT WHEN PERSONNEL ARE ASSIGNED TO DUTY OVERSEAS AND THEIR DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE OVERSEAS STATION AT THE SAME TIME, DEPENDENTS MAY BE TRANSPORTED AT GOVERNMENT EXPENSE FROM THE PLACE WHERE THEY ARE LOCATED UPON RECEIPT OF CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO SUCH DESIGNATED PLACE. SUBJECT TO PRIOR APPROVAL OF THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE, THE DESIGNATED PLACE MAY BE IN ANY TERRITORY OR POSSESSION OF THE UNITED STATES. WHEN TRAVEL TO THE NEW STATION IS PERMITTED, THE DEPENDENTS MAY TRAVEL FROM SUCH DESIGNATED PLACE TO THE MEMBER'S OVERSEAS STATION, BY WAY OF APPROPRIATE PORT OF EMBARKATION.

INCIDENT TO THE CHANGE OF STATION HERE INVOLVED YOUR DEPENDENTS DID NOT PERFORM TRAVEL TO A DESIGNATED PLACE IN THE UNITED STATES OR TO A TERRITORY OR POSSESSION THEREOF AS CONTEMPLATED BY THE REGULATIONS. THEY DID NOT ESTABLISH A RESIDENCE IN NEW YORK, NEW YORK; THEY MERELY PASSED THROUGH THAT CITY ON THEIR WAY TO GERMANY WHERE THEY RESIDED UNTIL THEY MOVED TO JAPAN. HENCE, YOU ARE NOT ENTITLED TO REIMBURSEMENT AS FOR TRAVEL OF DEPENDENTS TO A DESIGNATED PLACE AND LATER FROM THAT PLACE TO YOUR OVERSEAS STATION. HOWEVER, SINCE YOUR DEPENDENTS COMPLETED TRAVEL TO YOUR OVERSEAS STATION, YOU BECAME ENTITLED TO REIMBURSEMENT FOR THE TRAVEL PERFORMED, NOT TO EXCEED TRAVEL FROM YOUR OLD PERMANENT STATION, FORT LEAVENWORTH, KANSAS, TO PORT OF EMBARKATION, FORT MASON, CALIFORNIA. YOU PREVIOUSLY WERE PAID FOR TRAVEL OF DEPENDENTS COMPUTED ON THE DISTANCE FROM FORT LEAVENWORTH TO NEW YORK, AND, THEREFORE, YOU WERE ENTITLED ONLY TO THE BALANCE DUE, OR $35.10, THE AMOUNT ALLOWED BY THE SETTLEMENT.