B-133715, NOV. 8, 1957

B-133715: Nov 8, 1957

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IS ENTITLED TO REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS FROM CORONA DEL MAR. THE CLAIMANT WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM MARINE CORPS AIR STATION. - TO WHICH HIS DEPENDENTS WERE NOT PERMITTED. THE CLAIMANT'S DEPENDENTS WERE LOCATED AT CORONA DEL MAR. WHEN THE ORDERS WERE ISSUED AND TRAVELED FROM THAT POINT TO FORT WILLIAMS. THE MEMBER DESIGNATED THE LATTER CITY AS THE PLACE TO WHICH TRANSPORTATION OF DEPENDENTS WAS DESIRED AND THE POINT AT WHICH THEY WOULD ESTABLISH A RESIDENCE UNTIL FURTHER TRANSPORTATION WAS AUTHORIZED. THEIR POINT OF DEPARTURE FROM THE UNITED STATES WAS PIDGEON RIVER BORDER STATION. WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION OUTSIDE THE UNITED STATES AT THE TIME HE DEPARTS FROM HIS OLD DUTY STATION.

B-133715, NOV. 8, 1957

TO MR. RAY WOODS, DISBURSING OFFICER, UNITED STATES MARINE CORPS:

BY FIRST ENDORSEMENT DATED SEPTEMBER 9, 1957, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER DATED AUGUST 29, 1957, REQUESTING AN ADVANCE DECISION AS TO WHETHER MASTER SERGEANT KENNETH G. EWELL, 412209, USMC, IS ENTITLED TO REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS FROM CORONA DEL MAR, CALIFORNIA, TO PIDGEON RIVER BORDER STATION, MINNESOTA.

BY 3D MAW SPECIAL ORDER NO. 211-57, DATED MARCH 7, 1957, AS AMENDED BY ORDERS DATED APRIL 5, 1957, THE CLAIMANT WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM MARINE CORPS AIR STATION, EL TORO (SANTA ANA), CALIFORNIA, TO A STATION OVERSEAS--- APPARENTLY LOCATED IN THE PACIFIC AREA--- TO WHICH HIS DEPENDENTS WERE NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY HIM. THE ORDERS INDICATED THAT PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, WOULD APPLY TO TRAVEL OF DEPENDENTS. THE CLAIMANT'S DEPENDENTS WERE LOCATED AT CORONA DEL MAR, CALIFORNIA, WHEN THE ORDERS WERE ISSUED AND TRAVELED FROM THAT POINT TO FORT WILLIAMS, ONTARIO, CANADA, ON JUNE 14 AND 15, 1957. THE MEMBER DESIGNATED THE LATTER CITY AS THE PLACE TO WHICH TRANSPORTATION OF DEPENDENTS WAS DESIRED AND THE POINT AT WHICH THEY WOULD ESTABLISH A RESIDENCE UNTIL FURTHER TRANSPORTATION WAS AUTHORIZED. THEIR POINT OF DEPARTURE FROM THE UNITED STATES WAS PIDGEON RIVER BORDER STATION, MINNESOTA. YOU STATE THE TRAVEL AS PERFORMED DOES NOT APPEAR TO BE COVERED BY THE CITED PARAGRAPH OF THE JOINT TRAVEL REGULATIONS, AND YOU QUESTION WHETHER PARAGRAPH 7008-3-2 OF SUCH REGULATIONS MAY BE APPLIED.

UNDER ORDERS OF THE TYPE HERE INVOLVED, PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, PERMITS TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO A DESIGNATED LOCATION IN THE UNITED STATES OR, WITH THE PRIOR APPROVAL OF THE SECRETARY CONCERNED, TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES, WITHIN THE LIMITS THERE STATED. SINCE THE ENLISTED MAN'S DEPENDENTS WENT TO ANOTHER COUNTRY, NO RIGHT TO REIMBURSEMENT ACCRUED FOR THEIR TRAVEL TO THAT PLACE. WHILE PARAGRAPH 7008-3-2 OF THE REGULATIONS AUTHORIZES TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO THE POINT OF ACTUAL DEPARTURE FROM THE UNITED STATES IN CONJUNCTION WITH TRAVEL TO A POINT OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER, WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION OUTSIDE THE UNITED STATES AT THE TIME HE DEPARTS FROM HIS OLD DUTY STATION, SUCH REGULATIONS DO NOT AUTHORIZE REIMBURSEMENT FOR THE TRAVEL OF THE DEPENDENTS IN THIS CASE TO PIDGEON RIVER BORDER STATION, SINCE THE CHANGE OF STATION ORDERS DID NOT CONTEMPLATE THAT THE DEPENDENTS WOULD JOIN THE ENLISTED MAN AT HIS NEW STATION AT ANY TIME. IN CIRCUMSTANCES SUCH AS ARE HERE INVOLVED, IT HAS BEEN HELD THAT PARAGRAPH 7057, JOINT TRAVEL REGULATIONS, RELATING TO TRANSPORTATION FROM THE OLD PERMANENT STATION TO OTHER THAN THE NEW PERMANENT STATION AT NOT TO EXCEED THE ENTITLEMENT FROM THE OLD TO THE NEW STATION, SAVES TO THE MEMBER A RIGHT TO REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS IN THE UNITED STATES NOT TO EXCEED THE AMOUNT PAYABLE FOR THE DISTANCE FROM THE OLD STATION TO THE APPROPRIATE PORT OF EMBARKATION IN THE UNITED STATES FOR THE NEW STATION. SEE DECISION OF JUNE 18, 1956, B-127843.

ACCORDINGLY, IF THE SUBMITTED VOUCHER, RETURNED HEREWITH, IS AMENDED TO PROVIDE FOR PAYMENT FOR CONSTRUCTIVE TRAVEL FROM EL TORO TO SAN FRANCISCO, CALIFORNIA, PAYMENT THEREON IS AUTHORIZED, IF ..END :