B-131956, JUN. 24, 1957

B-131956: Jun 24, 1957

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WEST: REFERENCE IS MADE TO YOUR LETTER OF MAY 6. THE TRAVEL WAS PERFORMED PURSUANT TO LETTER ORDERS OF HEADQUARTERS 14TH ARMORED CAVALRY. ISSUED WHILE YOU WERE ON ACTIVE DUTY AT THAT STATION AS A FIRST LIEUTENANT. IT BEING INDICATED THAT THE MOVEMENT WAS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 7009-3. IT WAS SPECIFICALLY STATED IN THE ORDERS THAT "* * * TRAVEL IS AUTHORIZED TO PORT OF EMBARKATION IN CONUS ONLY.'. YOU WERE RETURNED FROM DUTY IN GERMANY TO THE UNITED STATES AND RELEASED FROM ACTIVE DUTY AT FORT HAMILTON. 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 DEPENDENTS THE SECRETARIES CONCERNED MAY.

B-131956, JUN. 24, 1957

TO MR. CHARLES L. WEST:

REFERENCE IS MADE TO YOUR LETTER OF MAY 6, 1957, AND ENCLOSURE, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 29, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENT (WIFE) FROM PHILADELPHIA, PENNSYLVANIA, TO ANDERSON, SOUTH CAROLINA, INCIDENT TO YOUR SERVICE AS FIRST LIEUTENANT, UNITED STATES ARMY RESERVE.

THE TRAVEL WAS PERFORMED PURSUANT TO LETTER ORDERS OF HEADQUARTERS 14TH ARMORED CAVALRY, A.P.O. 26, U.S. ARMY, DATED JULY 27, 1956, AS AMENDED AUGUST 1, 1956, ISSUED WHILE YOU WERE ON ACTIVE DUTY AT THAT STATION AS A FIRST LIEUTENANT, UNITED STATES ARMY RESERVE. THE ORDERS AUTHORIZED YOUR WIFE TO PROCEED FROM FULDA, GERMANY, TO FRANKFURT, GERMANY, ON AUGUST 13, 1956, FOR PROCESSING AND TRANSPORTATION, IT BEING INDICATED THAT THE MOVEMENT WAS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 7009-3, JOINT TRAVEL REGULATIONS. IT WAS SPECIFICALLY STATED IN THE ORDERS THAT "* * * TRAVEL IS AUTHORIZED TO PORT OF EMBARKATION IN CONUS ONLY.' IT APPEARS THAT YOUR WIFE TRAVELED BY GOVERNMENT AIRCRAFT FROM GERMANY TO MCGUIRE AIR FORCE BASE, NEW JERSEY, AND FROM THERE BY WAY OF PHILADELPHIA, PENNSYLVANIA, TO ANDERSON, SOUTH CAROLINA, AT PERSONAL EXPENSE BETWEEN AUGUST 12 AND 16, 1956. YOUR CLAIM COVERS THAT PART OF TRAVEL FROM PHILADELPHIA, PENNSYLVANIA, TO ANDERSON, SOUTH CAROLINA. BY ORDERS DATED SEPTEMBER 11 AND 13, AND OCTOBER 11, 1956, YOU WERE RETURNED FROM DUTY IN GERMANY TO THE UNITED STATES AND RELEASED FROM ACTIVE DUTY AT FORT HAMILTON, BROOKLYN, NEW YORK, EFFECTIVE OCTOBER 15, 1956, YOUR HOME OF RECORD BEING SHOWN AS WEST MONROE, LOUISIANA, AND YOUR HOME ADDRESS FOLLOWING RELEASE FROM ACTIVE DUTY BEING SHOWN AS ANDERSON, SOUTH CAROLINA.

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 DEPENDENTS THE SECRETARIES CONCERNED MAY, NEVERTHELESS, AUTHORIZE THE MOVEMENT OF 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 CONTAINED IN PARAGRAPH 7009 OF THE JOINT TRAVEL REGULATIONS.

SUBPARAGRAPH 7009-3 OF THE REGULATION PROVIDES THAT, UPON THE REQUEST OF A MEMBER OTHERWISE ENTITLED TO TRANSPORTATION OF DEPENDENTS, ORDERS MAY BE ISSUED AUTHORIZING ADVANCE RETURN OF HIS DEPENDENTS TO THE UNITED STATES PROVIDED THE ORDERS SPECIFICALLY LIMIT THE TRANSPORTATION TO BE FURNISHED TO TRANSPORTATION FROM THE OVERSEAS STATION TO THE PORT OF DEBARKATION IN THE UNITED STATES. THE REGULATION FURTHER PROVIDES THAT UPON COMPLETION OF THE OVERSEAS TOUR OF DUTY AND TRANSFER OF THE MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS TO A DUTY STATION IN CONTINENTAL UNITED STATES, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED, IF OTHERWISE PROPER, AT NOT TO EXCEED ENTITLEMENT FROM THE PORT OF DEBARKATION TO WHICH RETURNED TO THE NEW DUTY STATION.

IT HAS BEEN HELD THAT NO RIGHT TO REIMBURSEMENT ACCRUES FOR TRAVEL IN THE UNITED STATES FROM POINT OF DEBARKATION UNDER A TRAVEL AUTHORIZATION ISSUED PURSUANT TO PARAGRAPH 7009-3, JOINT TRAVEL REGULATIONS, PERFORMED BY DEPENDENTS PRIOR TO ISSUANCE OF THE MEMBER'S PERMANENT CHANGE OF STATION ORDERS. IN OTHER WORDS, UNDER THE PROVISIONS OF PARAGRAPH 7009-3 A MEMBER'S RIGHT TO REIMBURSEMENT FOR TRAVEL FROM THE PORT OF DEBARKATION IN THE UNITED STATES IS CONTINGENT UPON THE ISSUANCE OF THE MEMBER'S PERMANENT CHANGE OF STATION ORDERS AND THE TRAVEL OF THE DEPENDENTS AFTER THE ISSUANCE OF THOSE ORDERS. THE AMOUNT ALLOWABLE FOR SUCH TRAVEL ACTUALLY PERFORMED AND OTHERWISE PROPER MAY NOT EXCEED THE AMOUNT WHICH WOULD BE ALLOWABLE FOR TRAVEL OF THE DEPENDENT FROM THE PORT OF DEBARKATION TO THE MEMBER'S NEW DUTY STATION. CONTRARY TO YOUR APPARENT BELIEF, HOWEVER, THE CONTROLLING REGULATIONS MAKE NO PROVISION FOR REIMBURSEMENT, UPON TRANSFER OF THE MEMBER TO A PERMANENT DUTY STATION IN THE UNITED STATES, FOR TRAVEL PERFORMED BY THE DEPENDENT BEYOND THE PORT OF DEBARKATION PRIOR TO HIS TRANSFER. SINCE YOUR WIFE TRAVELED FROM MCGUIRE AIR FORCE BASE, NEW JERSEY (PORT OF DEBARKATION), TO ANDERSON, SOUTH CAROLINA, BETWEEN AUGUST 15 AND 16, 1956, OR PRIOR TO YOUR ORDERS OF SEPTEMBER 11, 1956, THERE IS NO PROPER BASIS FOR REIMBURSEMENT FOR HER TRAVEL FROM PHILADELPHIA, PENNSYLVANIA, TO ANDERSON, SOUTH CAROLINA.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT OF APRIL 29, 1957, IS SUSTAINED.