B-133608, OCT. 21, 1957

B-133608: Oct 21, 1957

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SERGEANT CARROL'S WIFE AND INFANT DAUGHTER WERE AUTHORIZED TO PROCEED FROM THAT STATION TO THE UNITED STATES ON OR ABOUT THE SAME DATE. THE ORDERS WERE ISSUED UNDER THE AUTHORITY OF PARAGRAPH 7009-3. RECITED THAT TRAVEL TO THE UNITED STATES BY MILITARY AIR TRANSPORTATION SERVICE WAS AUTHORIZED. DEPN RETURNED TO POD IN CONUS UNDER THIS AUTH WILL NOT BE ENTITLED TO FURTHER TRANS AT GOVT EXPENSE PRIOR TO PRINCIPALS RTN TO CONUS ON PCS. WERE SHIPPED AT GOVERNMENT VESSEL FROM HIS OVERSEAS STATION TO OAKLAND. THE EFFECTS WERE SHIPPED FROM THERE TO SOUTH BEND. SERGEANT CARROLL WAS RETURNED FROM DUTY IN THE FAR EAST TO THE UNITED STATES AND ASSIGNED TO DUTY AT EAST ST. ORDINARILY TRANSPORTATION OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD EFFECTS ARE AUTHORIZED ONLY AFTER ISSUANCE OF CHANGE OF STATION ORDERS FOR THE MEMBER CONCERNED.

B-133608, OCT. 21, 1957

TO LIEUTENANT COLONEL S. GADDIS, DISBURSING OFFICER, THROUGH OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY:

BY FIRST INDORSEMENT OF AUGUST 26, 1957, THE CHIEF OF FINANCE,DEPARTMENT OF THE ARMY, FORWARDED HERE YOUR LETTER OF JULY 31, 1957, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF SERGEANT FIRST CLASS JOSEPH F. CARROLL, RA 14 398 170, FOR REIMBURSEMENT OF THE COST OF SHIPPING HIS HOUSEHOLD EFFECTS, IN THE CIRCUMSTANCES SHOWN.

BY TRAVEL AUTHORIZATION DATED MARCH 2, 1956, SUB/CAMP HAUGEN, REGIONAL CAMP SCHIMMELPFENNIG, APO 184, SERGEANT CARROL'S WIFE AND INFANT DAUGHTER WERE AUTHORIZED TO PROCEED FROM THAT STATION TO THE UNITED STATES ON OR ABOUT THE SAME DATE. THE ORDERS WERE ISSUED UNDER THE AUTHORITY OF PARAGRAPH 7009-3, JOINT TRAVEL REGULATIONS, AND RECITED THAT TRAVEL TO THE UNITED STATES BY MILITARY AIR TRANSPORTATION SERVICE WAS AUTHORIZED. SUCH AUTHORIZATION SPECIFICALLY STATED THAT ,DEPN RETURNED TO POD IN CONUS UNDER THIS AUTH WILL NOT BE ENTITLED TO FURTHER TRANS AT GOVT EXPENSE PRIOR TO PRINCIPALS RTN TO CONUS ON PCS. SHPMT OF HHG BEYOND THE POINT OF DBK AND STORAGE AT GOVT EXPENSE NOT AUTH.' IT APPEARS THAT THE MEMBER'S HOUSEHOLD EFFECTS, WEIGHING 2,445 POUNDS, WERE SHIPPED AT GOVERNMENT VESSEL FROM HIS OVERSEAS STATION TO OAKLAND, CALIFORNIA; AND THAT ON JUNE 15, 1956, THE EFFECTS WERE SHIPPED FROM THERE TO SOUTH BEND, INDIANA, AT PERSONAL EXPENSE OF $194.87, EXCLUDING TAX OF $5.85. HE CLAIMS REIMBURSEMENT FOR THE COST SO INCURRED IN THE AMOUNT OF $194.87. ORDERS DATED JANUARY 4, 1957, AND FEBRUARY 19, 1957, SERGEANT CARROLL WAS RETURNED FROM DUTY IN THE FAR EAST TO THE UNITED STATES AND ASSIGNED TO DUTY AT EAST ST. LOUIS, ILLINOIS.

ORDINARILY TRANSPORTATION OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD EFFECTS ARE AUTHORIZED ONLY AFTER ISSUANCE OF CHANGE OF STATION ORDERS FOR THE MEMBER CONCERNED. IN ADDITION TO THE AUTHORITY FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS 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 THAT THEY CANNOT BE USED AS AUTHORITY FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS THE SECRETARIES CONCERNED MAY, NEVERTHELESS, AUTHORIZE THE MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES. REGULATIONS PROVIDING FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM STATIONS OUTSIDE THE UNITED STATES ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN PARAGRAPHS 7009 AND 8010 OF THE JOINT TRAVEL REGULATIONS.

SUBPARAGRAPH 7009-3 OF THE REGULATIONS 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.'

SUBPARAGRAPH 8010-2 OF THE REGULATIONS PROVIDES THAT ORDERS AUTHORIZING TRANSPORTATION OF DEPENDENTS TO THE UNITED STATES UNDER PARAGRAPH 7009-3 MAY ALSO AUTHORIZE THE SHIPMENT OF HOUSEHOLD GOODS WITHIN AUTHORIZED WEIGHT ALLOWANCES PROVIDED SUCH ORDERS SPECIFICALLY PROHIBIT SHIPMENT BEYOND THE POINT OF EMBARKATION IN THE UNITED STATES AND STORAGE AFTER ARRIVAL IN THE UNITED STATES AT GOVERNMENT EXPENSE. THE REGULATION FURTHER PROVIDES THAT UPON COMPLETION OF THE CURRENT OVERSEAS TOUR OF DUTY AND TRANSFER OF THE MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS TO A DUTY STATION IN THE UNITED STATES, SHIPMENT OF HOUSEHOLD GOODS, IF OTHERWISE PROPER, IS AUTHORIZED NOT TO EXCEED THE ENTITLEMENT FROM THE POINT OF DEBARKATION IN THE UNITED STATES TO WHICH RETURNED TO THE MEMBER'S NEW DUTY STATION.

MEMBERS ON DUTY AT STATIONS IN THE UNITED STATES MAY MOVE THEIR DEPENDENTS WHENEVER AND WHEREEVER THEY SEE FIT BUT UPON A SUBSEQUENT CHANGE OF PERMANENT STATION A RIGHT TO TRANSPORTATION ACCRUES ONLY ON THE BASIS OF A MOVEMENT OF DEPENDENTS AND HOUSEHOLD GOODS EFFECTED AFTER ISSUANCE OF ORDERS LIMITED TO WHAT THE COST FROM OLD TO NEW STATION WOULD HAVE BEEN. IT IS THE APPARENT INTENTION OF THE CITED REGULATIONS IN AUTHORIZING ADVANCE TRANSPORTATION TO A PORT IN THE UNITED STATES ONLY TO PLACE MEMBERS AT OVERSEAS STATIONS IN CERTAIN CASES ON AN EQUAL FOOTING IN THIS RESPECT WITH MEMBERS STATIONED IN THE UNITED STATES. SEE B-130000, JANUARY 28, 1957. HENCE, 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, IF SUCH TRAVEL IS PERFORMED BY DEPENDENTS PRIOR TO THE ISSUANCE OF THE MEMBER'S PERMANENT CHANGE OF STATION ORDERS. THE SAME RULE APPLIES TO SHIPMENT OF HOUSEHOLD EFFECTS UNDER PARAGRAPH 8010-2 OF THE REGULATIONS. IN OTHER WORDS, UNDER THE PROVISIONS OF PARAGRAPHS 7009 3 AND 8010-2 A MEMBER'S RIGHT TO REIMBURSEMENT FOR DEPENDENT TRAVEL AND SHIPMENT OF HOUSEHOLD EFFECTS 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 AND SHIPMENT OF HOUSEHOLD EFFECTS AFTER THE ISSUANCE OF SUCH ORDERS. THE AMOUNT ALLOWABLE FOR SUCH TRAVEL OF DEPENDENTS ACTUALLY PERFORMED AND SHIPMENT OF HOUSEHOLD EFFECTS MADE AND OTHERWISE PROPER AFTER ISSUANCE OF SUCH ORDERS MAY NOT EXCEED THE AMOUNT WHICH WOULD BE ALLOWABLE FOR THE TRAVEL AND SHIPMENT FROM THE PORT OF DEBARKATION TO THE MEMBER'S NEW DUTY STATION.

SINCE SERGEANT CARROLL'S HOUSEHOLD EFFECTS WERE SHIPPED FROM OAKLAND, CALIFORNIA, PORT OF DEBARKATION, TO SOUTH BEND, INDIANA, ON JUNE 15, 1956, OR PRIOR TO HIS ORDERS OF JANUARY 4, 1957, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT FOR THE COST OF SUCH SHIPMENT.

ACCORDINGLY, PAYMENT OF THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.