B-132894, OCTOBER 23, 1957, 37 COMP. GEN. 274

B-132894: Oct 23, 1957

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MILITARY PERSONNEL - TRANSPORTATION - DEPENDENTS - COMMERCIAL AIR TRANSPORTATION - REIMBURSEMENT BASIS ARMY ENLISTED MAN WHOSE DEPENDENTS TRAVELED TO CANAL ZONE AT PERSONAL EXPENSE BY COMMERCIAL AIR PURSUANT TO THE MEMBER'S CHANGE OF STATION FROM TEXAS TO THE CANAL ZONE AND AFTER ISSUANCE OF A TRAVEL AUTHORIZATION IS ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION OF DEPENDENTS COMPUTED ON DISTANCE FROM BRADY. UNDER PARAGRAPH 7003-3B OF JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT WHEN TRANSPORTATION BY GOVERNMENT VESSEL IS AVAILABLE BUT NOT UTILIZED AND TRANSOCEANIC TRAVEL IS PERFORMED AT PERSONAL EXPENSE. THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PAYABLE FROM OLD STATION TO PORT OF EMBARKATION FOR GOVERNMENT VESSELS.

B-132894, OCTOBER 23, 1957, 37 COMP. GEN. 274

MILITARY PERSONNEL - TRANSPORTATION - DEPENDENTS - COMMERCIAL AIR TRANSPORTATION - REIMBURSEMENT BASIS ARMY ENLISTED MAN WHOSE DEPENDENTS TRAVELED TO CANAL ZONE AT PERSONAL EXPENSE BY COMMERCIAL AIR PURSUANT TO THE MEMBER'S CHANGE OF STATION FROM TEXAS TO THE CANAL ZONE AND AFTER ISSUANCE OF A TRAVEL AUTHORIZATION IS ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION OF DEPENDENTS COMPUTED ON DISTANCE FROM BRADY, TEXAS, TO NEW YORK, PORT OF EMBARKATION FOR GOVERNMENT VESSELS, UNDER PARAGRAPH 7003-3B OF JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT WHEN TRANSPORTATION BY GOVERNMENT VESSEL IS AVAILABLE BUT NOT UTILIZED AND TRANSOCEANIC TRAVEL IS PERFORMED AT PERSONAL EXPENSE, THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PAYABLE FROM OLD STATION TO PORT OF EMBARKATION FOR GOVERNMENT VESSELS.

TO COLONEL K. H. TANDO, DEPARTMENT OF THE ARMY, OCTOBER 23, 1957:

BY FIRST ENDORSEMENT OF AUGUST 8, 1957, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED HERE YOUR LETTER OF APRIL 18, 1957, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY THE CLAIM OF JOSEPH G. HILL, RA 15 1019 773, FOR A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR HIS DEPENDENTS, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED AUGUST 24, 1956, THE ENLISTED MAN WAS TRANSFERRED FROM DUTY AT FORT SAM HOUSTON, TEXAS, TO DUTY AT FORT AMADOR, CANAL ZONE, WHERE HE ARRIVED ON NOVEMBER 10, 1956. SUCH ORDERS DID NOT AUTHORIZE CONCURRENT TRAVEL OF DEPENDENTS. BY TRAVEL AUTHORIZATION OF DEPENDENTS, ISSUED BY HEADQUARTERS, FOURTH ARMY, FORT SAM HOUSTON, TEXAS, DATED NOVEMBER 21, 1956, THE MEMBER'S DEPENDENTS (WIFE AND THREE CHILDREN) WERE AUTHORIZED, UPON CALL OF THE PORT COMMANDER, TO PROCEED FROM BRADY, TEXAS, THE DESIGNATED PLACE TO WHICH THEY TRAVELED UPON ISSUANCE OF THE MEMBER'S CHANGE OF STATION ORDERS AS AUTHORIZED BY PARAGRAPH 7008-3 (1), JOINT TRAVEL REGULATIONS, TO THE APPROPRIATE ARMY TERMINAL FOR FURTHER MOVEMENT BY WATER TRANSPORTATION TO FINAL DESTINATION. THE CHIEF OF TRANSPORTATION WAS DIRECTED TO FURNISH THE NECESSARY TRANSPORTATION, ISSUE THE NECESSARY INSTRUCTIONS, AND COORDINATE WITH ALL CONCERNED. UPON RECEIPT OF THE TRAVEL AUTHORIZATION, MRS. HILL INFORMED THE TRANSPORTATION OFFICER THAT SHE AND THE CHILDREN WOULD TRAVEL TO PANAMA BY COMMERCIAL AIRCRAFT. THE MEMBER HAS CERTIFIED THAT HIS DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM BRADY, TEXAS, TO NEW ORLEANS, LOUISIANA, AND FROM THERE TO THE CANAL ZONE BY COMMERCIAL AIRCRAFT, BETWEEN DECEMBER 27 AND 29, 1956. IT IS SHOWN THAT HE WAS PAID FOR THE TRAVEL OF HIS DEPENDENTS FROM FORT SAM HOUSTON, TEXAS, TO BRADY, TEXAS, AND FROM THERE TO NEW ORLEANS, LOUISIANA. HE NOW CLAIMS A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR HIS DEPENDENTS COMPUTED ON THE DISTANCE FROM BRADY, TEXAS, TO THE NEW YORK PORT OF EMBARKATION, LESS THE AMOUNT RECEIVED BY HIM FOR TRAVEL OF DEPENDENTS FROM BRADY, TEXAS, TO NEW ORLEANS, LOUISIANA.

IT APPEARS THAT HAD THE MEMBER'S DEPENDENTS AWAITED A PORT CALL THEY WOULD HAVE BEEN FURNISHED TRANSPORTATION BY GOVERNMENT VESSEL FROM NEW YORK, NEW YORK, TO THE CANAL ZONE.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (C), WHICH EXPRESSLY PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A MEMBER'S ORDERED CHANGE OF PERMANENT STATION SHALL BE UNDER SUCH CONDITIONS AND LIMITATIONS, FOR SUCH RANKS, GRADES OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE.

CHAPTER 7, JOINT TRAVEL REGULATIONS, ISSUED BY THE SECRETARIES TO IMPLEMENT THIS STATUTORY AUTHORITY, PROVIDES GENERALLY IN PARAGRAPH 7000 THAT MEMBERS OF THE UNIFORMED SERVICES (EXCEPT ENLISTED MEN IN THE LOWER PAY GRADES) ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN SUCH REGULATIONS. PARAGRAPH 7002-1B OF THE SAME REGULATIONS PROVIDES THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS TO, FROM, OR BETWEEN AREAS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED, IF AVAILABLE, EXCEPT IN SPECIFIED INSTANCES NOT HERE MATERIAL. PARAGRAPH 7003-3B (1) OF THE REGULATIONS PROVIDES THAT WHEN TRANSPORTATION BY GOVERNMENT VESSEL IS AVAILABLE BUT NOT UTILIZED AND TRANSOCEANIC TRAVEL IS PERFORMED AT PERSONAL EXPENSE, OR IS ACTUALLY UTILIZED FOR TRANSOCEANIC TRAVEL, THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PAYABLE FOR THE OFFICIAL DISTANCE FROM THE OLD STATION TO THE PORT OF EMBARKATION FOR GOVERNMENT VESSELS AND FROM THE APPROPRIATE PORT OF DEBARKATION TO THE NEW STATION.

SINCE IT APPEARS THAT HAD THE MEMBER'S DEPENDENTS AWAITED A PORT CALL THEY WOULD HAVE BEEN FURNISHED TRANSPORTATION BY GOVERNMENT VESSEL FROM NEW YORK, NEW YORK, TO THE CANAL ZONE AND, SINCE THEY TRAVELED TO THE CANAL ZONE AT PERSONAL EXPENSE, THE MEMBER IS ENTITLED, UNDER PARAGRAPH 7003-3B (1), JOINT TRAVEL REGULATIONS, TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR HIS DEPENDENTS COMPUTED ON THE DISTANCE FROM BRADY, TEXAS, TO NEW YORK, NEW YORK, LESS THE AMOUNT PREVIOUSLY RECEIVED BY HIM FOR HIS DEPENDENTS' TRAVEL COMPUTED ON THE DISTANCE FROM BRADY, TEXAS, TO NEW ORLEANS, LOUISIANA.

ACCORDINGLY, PAYMENT OF THE DEPENDENT TRAVEL VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.