B-133921, DEC. 12, 1957

B-133921: Dec 12, 1957

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ORDERS WERE ISSUED WHICH DIRECTED YOUR TRANSFER FROM THE U.S.S. YOU WERE DETACHED FROM THE VESSEL ON MAY 29. YOUR PAY ACCOUNT WAS CHECKED FOR THE DIFFERENCE BETWEEN THE TOTAL RECEIVED AND THE AMOUNT YOU WOULD HAVE RECEIVED IF YOUR DEPENDENTS HAD MOVED DIRECTLY FROM SAN DIEGO TO OAKLAND. YOUR CLAIM FOR THE AMOUNT CHECKED WAS DISALLOWED BY THE SETTLEMENT OF JULY 8. WHICH IS DISCUSSED BELOW. ONE OF WHICH CONTAINS A CERTIFICATION THAT YOU WERE PERMANENTLY ATTACHED TO AND SERVING ON BOARD THE U.S.S. IS GOVERNED BY REGULATIONS ISSUED UNDER AUTHORITY OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949. WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION (INCLUDING BY DEFINITION A CHANGE OF THE VESSEL'S HOME PORT) ARE CHANGED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS AND A NEW PERMANENT STATION IS DESIGNATED.

B-133921, DEC. 12, 1957

TO MR. WILLIAM R. HALLIDAY:

IN YOUR LETTER OF SEPTEMBER 16, 1957, YOU REQUESTED THAT WE REVIEW OUR SETTLEMENT OF JULY 8, 1957, WHICH DISALLOWED YOUR CLAIM ON ACCOUNT OF YOUR DEPENDENTS' TRAVEL INCIDENT TO YOUR SERVICE AS AN OFFICER IN THE UNITED STATES NAVY.

ON FEBRUARY 2, 1956, YOU RECEIVED OFFICIAL NOTICE FROM THE COMMANDING OFFICER, U.S.S. POINT CRUZ (CVE-119) THAT THE HOME PORT OF THE SHIP WOULD BE CHANGED FROM SAN DIEGO, CALIFORNIA, TO BREMERTON, WASHINGTON, EFFECTIVE MAY 22, 1956. IN ADVANCE OF THE EFFECTIVE DATE OF THE CHANGE OF HOME PORT AND DURING THE PERIOD FROM FEBRUARY 28 TO MARCH 3, 1956, YOUR DEPENDENTS TRAVELED FROM SAN DIEGO, CALIFORNIA, TO SEATTLE, WASHINGTON. ON APRIL 9, 1956, HOWEVER, ORDERS WERE ISSUED WHICH DIRECTED YOUR TRANSFER FROM THE U.S.S. POINT CRUZ TO THE U.S. NAVAL HOSPITAL, OAKLAND, CALIFORNIA, WHEN DIRECTED BY YOUR COMMANDING OFFICER IN MAY OR JUNE 1956. YOU WERE DETACHED FROM THE VESSEL ON MAY 29, 1956, AND REPORTED TO YOUR NEW STATION ON JUNE 4, 1956. BETWEEN MAY 29 AND JUNE 4, 1956, YOUR DEPENDENTS TRAVELED FROM SEATTLE, WASHINGTON, TO OAKLAND, CALIFORNIA. AFTER RECEIVING REIMBURSEMENT FOR THE TWO MOVES, YOUR PAY ACCOUNT WAS CHECKED FOR THE DIFFERENCE BETWEEN THE TOTAL RECEIVED AND THE AMOUNT YOU WOULD HAVE RECEIVED IF YOUR DEPENDENTS HAD MOVED DIRECTLY FROM SAN DIEGO TO OAKLAND, CALIFORNIA. YOUR CLAIM FOR THE AMOUNT CHECKED WAS DISALLOWED BY THE SETTLEMENT OF JULY 8, 1957, ON THE BASIS OF PARAGRAPH 7050 OF THE JOINT TRAVEL REGULATIONS, WHICH IS DISCUSSED BELOW.

IN YOUR LETTER OF SEPTEMBER 16, 1957, YOU INDICATE THAT PARAGRAPH 7004-3 OF THE U.S. NAVY TRAVEL INSTRUCTIONS APPEARS TO BE THE PERTINENT AUTHORITY RATHER THAN PARAGRAPH 7050 OF THE JOINT TRAVEL REGULATIONS. MOREOVER, YOU FORWARDED SEVERAL DOCUMENTS, ONE OF WHICH CONTAINS A CERTIFICATION THAT YOU WERE PERMANENTLY ATTACHED TO AND SERVING ON BOARD THE U.S.S. POINT CRUZ ON THE EFFECTIVE DATE WHEN ITS HOME PORT CHANGED.

THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES, EITHER ON ACCOUNT OF THEIR OWN TRAVEL OR THE TRAVEL OF THEIR DEPENDENTS, IS GOVERNED BY REGULATIONS ISSUED UNDER AUTHORITY OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, AND PUBLISHED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3003-1 DEFINES THE TERM "PERMANENT CHANGE OF STATION" AS INCLUDING, AMONG OTHER ITEMS, A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF A VESSEL. PARAGRAPH 7050 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT, WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION (INCLUDING BY DEFINITION A CHANGE OF THE VESSEL'S HOME PORT) ARE CHANGED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS AND A NEW PERMANENT STATION IS DESIGNATED, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE MAY NOT EXCEED THE ENTITLEMENT FROM THE OLD PERMANENT STATION TO THE ULTIMATE NEW STATION. ORDERS ARE CHANGED BY THE ISSUANCE OF NEW ORDERS AND NOT BY DETACHMENT FROM A STATION.

UNDER THESE REGULATIONS, WHICH ARE CONTROLLING IN YOUR CASE, THE MAXIMUM REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS INCIDENT TO YOUR REPORTING FOR DUTY AT OAKLAND, CALIFORNIA, WAS THAT COMPUTED ON THE BASIS OF THE DISTANCE FROM YOUR OLD PERMANENT STATION, SAN DIEGO, TO THE ULTIMATE NEW STATION, OAKLAND. HENCE, THERE IS NO LEGAL BASIS FOR THE PAYMENT TO YOU OF ANY ADDITIONAL AMOUNT EVEN THOUGH YOU WERE NOT DETACHED FROM THE VESSEL ON WHICH YOU WERE SERVING UNTIL AFTER THE EFFECTIVE DATE OF THE CHANGE OF ITS HOME PORT.

U.S. NAVY TRAVEL INSTRUCTIONS IS A PUBLICATION WHICH AMPLIFIES AND INTERPRETS THE JOINT TRAVEL REGULATIONS. IN THE INTRODUCTION IT SAYS THAT "UNDER NO CIRCUMSTANCES WILL IT (THE U.S. NAVY TRAVEL INSTRUCTIONS) BE CONSTRUED AS ALTERING OR SUPERSEDING THE JOINT TRAVEL REGULATIONS.' PARAGRAPH 7004-3 OF THE U.S. NAVY TRAVEL INSTRUCTIONS PROVIDES, AMONG OTHER THINGS, AS FOLLOWS:

"WHEN ORDERS ARE ISSUED DIRECTING DETACHMENT FROM A SHIP PRIOR TO THE EFFECTIVE DATE OF A CHANGE OF HOME YARD OR HOME PORT, REIMBURSEMENT WILL BE AUTHORIZED DIRECT ONLY FROM THE OLD HOME YARD OR HOME PORT OF THE VESSEL TO THE NEW DUTY STATION ESTABLISHED IN THE ORDERS.'

WITHOUT REFERENCE TO ANY OTHER REGULATION IT IS NOT ENTIRELY CLEAR FROM READING THAT SENTENCE WHETHER THE ORDERS MUST BE ISSUED PRIOR TO THE EFFECTIVE DATE OR THE DETACHMENT MUST BE PRIOR TO THE EFFECTIVE DATE. SINCE THE U.S. NAVY TRAVEL INSTRUCTIONS, HOWEVER, ARE NOT TO BE CONSTRUED AS ALTERING THE JOINT TRAVEL REGULATIONS, SUCH PROVISION MUST BE CONSTRUED TO MEAN THAT WHEN ORDERS ARE ISSUED PRIOR TO THE EFFECTIVE DATE OF CHANGE OF HOME PORT OF THE VESSEL REIMBURSEMENT WILL BE AUTHORIZED ONLY FROM THE OLD HOME PORT TO THE NEW DUTY STATION. AS EVIDENCED BY THE LETTER DATED JANUARY 29, 1957, TO YOU FROM THE CHIEF OF NAVAL PERSONNEL, THE NAVY HAS INTERPRETED THE INSTRUCTION IN THAT MANNER. HENCE, PARAGRAPH 7004-3 OF THE U.S. NAVY TRAVEL INSTRUCTION PROVIDES NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JULY 8, 1957, IS SUSTAINED.