B-133716, NOVEMBER 15, 1957, 37 COMP. GEN. 328

B-133716: Nov 15, 1957

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BROUGHT THE CHILD TO THE HOME HE MAINTAINED IN THE UNITED STATES FOR HIS WIFE AND NATURAL DAUGHTER IS ENTITLED TO GOVERNMENT TRANSPORTATION FOR THE ADOPTED CHILD AND TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND FOR THAT PORTION OF THE JOURNEY FROM THE PORT OF AERIAL DEBARKATION TO HIS HOME. 1957: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 26. IS ENTITLED TO REIMBURSEMENT (MONETARY ALLOWANCE) FOR TRAVEL OF ONE OF HIS DEPENDENTS (MINOR DAUGHTER) AND. YOU STATE THAT SERGEANT KRAMER WAS ON ACTIVE DUTY IN JAPAN WHEN. SERGEANT KRAMER WAS ORDERED TO PROCEED FROM HIS DUTY STATION ABROAD TO THE UNITED STATES AND TO REPORT FOR PERMANENT DUTY AT THE MARINE CORPS AIR STATION. HE AND HIS ADOPTED DAUGHTER ARE SHOWN TO HAVE TRAVELED VIA GOVERNMENT AIRCRAFT FROM YOKOHAMA.

B-133716, NOVEMBER 15, 1957, 37 COMP. GEN. 328

MILITARY PERSONNEL - TRANSPORTATION - DEPENDENTS - ADOPTED CHILD - MAINTENANCE OF HOUSEHOLD IN UNITED STATES DURING OVERSEAS DUTY A SERVICEMAN WHO LEGALLY ADOPTED A CHILD WHILE OVERSEAS AND WHO, INCIDENT TO PERMANENT CHANGE OF STATION FROM OVERSEAS TO THE UNITED STATES, BROUGHT THE CHILD TO THE HOME HE MAINTAINED IN THE UNITED STATES FOR HIS WIFE AND NATURAL DAUGHTER IS ENTITLED TO GOVERNMENT TRANSPORTATION FOR THE ADOPTED CHILD AND TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND FOR THAT PORTION OF THE JOURNEY FROM THE PORT OF AERIAL DEBARKATION TO HIS HOME, NOT TO EXCEED THE DISTANCE FROM THE DEBARKATION POINT TO THE NEW DUTY STATION; HOWEVER, THE ACQUISITION OF AN ADDITIONAL DEPENDENT AND THE ACCRUAL OF THE RIGHT FOR THE DEPENDENT'S TRANSPORTATION WITHOUT THE RELOCATION OF HIS HOUSEHOLD INCIDENT TO RETURN TO THE UNITED STATES DOES NOT ENTITLE THE SERVICEMAN TO A DISLOCATION ALLOWANCE.

TO RAY WOODS, UNITED STATES MARINE CORPS, NOVEMBER 15, 1957:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 26, 1957, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO WHETHER MASTER SERGEANT HENRY KRAMER, USMC, IS ENTITLED TO REIMBURSEMENT (MONETARY ALLOWANCE) FOR TRAVEL OF ONE OF HIS DEPENDENTS (MINOR DAUGHTER) AND, ALSO, TO A DISLOCATION ALLOWANCE, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED.

YOU STATE THAT SERGEANT KRAMER WAS ON ACTIVE DUTY IN JAPAN WHEN, ON SEPTEMBER 22, 1956, THROUGH LEGAL ADOPTION PROCEEDINGS, HE ACQUIRED AN ADDITIONAL DEPENDENT, AKEMI T. KRAMER, DAUGHTER, AGE 10. DURING SERGEANT KRAMER'S TOUR OF DUTY IN JAPAN, HIS DEPENDENT WIFE, AND MINOR DAUGHTER, CATHERINE, BORN MARCH 17, 1950, CONTINUED TO RESIDE AT HIS HOME LOCATED IN ANAHEIM, CALIFORNIA, AND THE RECORD SHOWS THAT THEY PERFORMED NO OFFICIAL TRAVEL AS A RESULT OF ORDERS WHICH DIRECTED HIM TO AND FROM THE OVERSEAS DUTY STATION.

BY SPECIAL ORDER NO. 71-57, DATED MARCH 12, 1957, AS MODIFIED BY SPECIAL ORDER NO. 99-57, DATED APRIL 1, 1957, TO INCLUDE AUTHORIZATION FOR CONCURRENT TRAVEL WITH DEPENDENT FROM FAR EAST, SERGEANT KRAMER WAS ORDERED TO PROCEED FROM HIS DUTY STATION ABROAD TO THE UNITED STATES AND TO REPORT FOR PERMANENT DUTY AT THE MARINE CORPS AIR STATION, EL TORO ( SANTA ANA), CALIFORNIA, EFFECTIVE JUNE 1, 1957, WITH 30 DAYS DELAY AS LEAVE. HE AND HIS ADOPTED DAUGHTER ARE SHOWN TO HAVE TRAVELED VIA GOVERNMENT AIRCRAFT FROM YOKOHAMA, JAPAN, TO TRAVIS AIR FORCE BASE, CALIFORNIA, JUNE 1-3, 1957, THENCE OVERLAND TO HIS HOME IN ANAHEIM, CALIFORNIA. APPARENTLY ANAHEIM IS THE PLACE FROM WHICH HE COMMUTES DAILY TO HIS DUTY STATION AT EL TORO.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES, WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION, SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND. THE ABOVE-CITED ACT, SECTION 102 (G), 37 U.S.C. 231 (G), PROVIDES THAT THE TERM "CHILDREN" SHALL BE HELD TO INCLUDE STEPCHILDREN AND ADOPTED CHILDREN WHEN THEY ARE IN FACT DEPENDENT UPON SUCH MEMBER FOR THEIR SUPPORT. THE JOINT TRAVEL REGULATIONS ( CHAPTER 7) ISSUED PURSUANT TO THE PROVISIONS OF THE CITED STATUTE PROVIDE THAT MEMBERS OF THE UNIFORMED SERVICES (WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL) SHALL BE ENTITLED TO TRANSPORTATION IN KIND (OR MONETARY ALLOWANCE IN LIEU THEREOF) FOR THEIR DEPENDENTS UPON A PERMANENT CHANGE OF STATION.

IN THE CIRCUMSTANCES, IT IS CLEAR THAT UNDER THE ORDERS RETURNING HIM TO THE UNITED STATES SERGEANT KRAMER ACQUIRED THE RIGHT TO GOVERNMENT TRANSPORTATION FOR HIS ADOPTED DAUGHTER FROM YOKOHAMA TO HIS HOME, AND IS ENTITLED TO BE PAID MONETARY ALLOWANCE FOR THAT PORTION OF HER JOURNEY FROM THE TRAVIS AIR FORCE BASE (PORT OF AERIAL DEBARKATION) TO ANAHEIM, NOT TO EXCEED THE DISTANCE FROM TRAVIS AIR FORCE BASE TO EL TORO, CALIFORNIA.

SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, AMENDING SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, SUPRA, AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THE JOINT TRAVEL REGULATIONS ( CHAPTER 9), AUTHORIZE THE PAYMENT OF A DISLOCATION ALLOWANCE, IN OTHERWISE PROPER CASES, WHERE THE HOUSEHOLD OF A MEMBER WITH DEPENDENTS IS ACTUALLY RELOCATED PURSUANT TO A PERMANENT CHANGE OF STATION. THE PURPOSE OF THE DISLOCATION ALLOWANCE IS TO PARTIALLY REIMBURSE A MEMBER WITH DEPENDENTS FOR EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD WHEN REQUIRED TO MAKE A PERMANENT CHANGE OF STATION. PARAGRAPH 9002 OF THE CITED REGULATIONS, READS IN PART, AS FOLLOWS:

* * * THE DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER HIS DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION * * *

IT APPEARS THAT SERGEANT KRAMER'S HOUSEHOLD WHICH HE MAINTAINED DURING HIS ENTIRE TOUR OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES WAS NOT MOVED INCIDENT TO HIS RETURN TO THE UNITED STATES. EVEN THOUGH HE ACQUIRED AN ADDITIONAL DEPENDENT AND THE RIGHT ACCRUED TO HIM FOR HER TRANSPORTATION FROM AN ORPHANAGE IN YOKOHAMA TO HIS HOME IN ANAHEIM AT GOVERNMENT EXPENSE, THERE APPEARS TO HAVE BEEN NO RELOCATION OF HIS ESTABLISHED HOUSEHOLD AS CONTEMPLATED BY LAW AND THE APPLICABLE REGULATIONS SO AS TO ENTITLE HIM TO A DISLOCATION ALLOWANCE. CONSEQUENTLY, NO AUTHORITY IS FOUND FOR THE PAYMENT OF THAT PORTION OF SERGEANT KRAMER'S CLAIM FOR A DISLOCATION ALLOWANCE.

ACTION ON THE VOUCHER, RETURNED HEREWITH, SHOULD BE TAKEN AS HEREINABOVE INDICATED.