B-134047, DEC. 3, 1957

B-134047: Dec 3, 1957

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THE CLAIMANT WAS RELIEVED FROM HIS ASSIGNMENT AT RANDOLPH AIR FORCE BASE AND DIRECTED TO PROCEED TO MITCHEL AIR FORCE BASE. LEAVE WAS TAKEN AT BILEXI. WAS COMPLETED ON JANUARY 31. YOUR DOUBT AS TO THE VALIDITY OF THE PAYMENT IS BASED ON THE FACT THAT THE DEPENDENT WAS LESS THAN 12 YEARS OF AGE WHEN THE TRAVEL COMMENCED. IS DETERMINED BY ADDING THE AMOUNT OF SUCH LEAVE OR DELAY TO THE DATE OF THE MEMBER'S RELIEF FROM THE OLD STATION (DETACHMENT). WHILE THE DATA ON WHICH MAJOR MCKAY WAS DETACHED IS NOT DISCLOSED. HIS ORDERS WERE DATED JANUARY 5. THE EARLIEST POSSIBLE EFFECTIVE DATE OF HIS ORDERS UNDER THE JOINT TRAVEL REGULATIONS WAS JANUARY 21. THE OFFICER'S DEPENDENT DAUGHTER WAS 12 YEARS OF AGE ON JANUARY 20.

B-134047, DEC. 3, 1957

TO MAJOR R. W. BARNES, USAF:

YOUR LETTER DATED SEPTEMBER 30, 1957, FORWARDED DIRECTLY HERE, SUBMITTED FOR DECISION A VOUCHER IN FAVOR OF MAJOR LESLIE J. MCKAY, USAF, IN THE SUM OF $57.60, REPRESENTING ADDITIONAL MONETARY ALLOWANCE FOR THE TRAVEL OF HIS DAUGHTER, JANET I. MCKAY, FROM RANDOLPH AIR FORCE BASE, TEXAS, TO MITCHEL AIR FORCE BASE, NEW YORK.

BY ORDERS DATED JANUARY 5, 1957, THE CLAIMANT WAS RELIEVED FROM HIS ASSIGNMENT AT RANDOLPH AIR FORCE BASE AND DIRECTED TO PROCEED TO MITCHEL AIR FORCE BASE, REPORTING NOT LATER THAN FEBRUARY 5, 1957. THE ORDERS AUTHORIZED 16 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE. THE CLAIMANT, ACCOMPANIED BY HIS DEPENDENTS, DEPARTED RANDOLPH AIR FORCE BASE BY PRIVATELY OWNED CONVEYANCE ON JANUARY 11, 1957. LEAVE WAS TAKEN AT BILEXI, MISSISSIPPI, SAVANNAH, GEORGIA, AND BUFFALO, NEW YORK. EN ROUTE FROM SAVANNAH TO BUFFALO ON JANUARY 20, 1957, AT FAYETTE, NORTH CAROLINA-- - HIS DAUGHTER REACHED THE AGE OF 12 YEARS. TRAVEL TO THE VICINITY OF MITCHEL AIR FORCE BASE, NEW YORK, WAS COMPLETED ON JANUARY 31, 1957. THE CLAIMANT REPORTED FOR DUTY ON FEBRUARY 1, 1957. HE HAS BEEN PAID AT THE RATE OF THREE CENTS A MILE FOR HIS DEPENDENT DAUGHTER'S TRAVEL BETWEEN RANDOLPH AIR FORCE BASE AND MITCHEL AIR FORCE BASE. HE NOW CLAIMS AN ADDITIONAL THREE CENTS PER MILE FOR THAT DISTANCE UNDER PARAGRAPH 7003-2 OF JOINT TRAVEL REGULATIONS WHICH AUTHORIZES REIMBURSEMENT AT THE RATE OF SIX CENTS PER MILE FOR DEPENDENTS 12 YEARS OF AGE OR OVER. YOUR DOUBT AS TO THE VALIDITY OF THE PAYMENT IS BASED ON THE FACT THAT THE DEPENDENT WAS LESS THAN 12 YEARS OF AGE WHEN THE TRAVEL COMMENCED.

THE RIGHT TO TRANSPORTATION OF DEPENDENTS ACCRUES ON THE EFFECTIVE DATE OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION. 2 COMP. GEN. 712; 4 ID. 438; 9 ID. 439; 24 ID. 887; 26 ID. 339; AND 31 ID. 433. THE EFFECTIVE DATE OF ORDERS ISSUED TO A MEMBER, WHEN THE ORDERS INVOLVE LEAVE OR DELAY EN ROUTE, IS DETERMINED BY ADDING THE AMOUNT OF SUCH LEAVE OR DELAY TO THE DATE OF THE MEMBER'S RELIEF FROM THE OLD STATION (DETACHMENT). (PARAGRAPH 3003-1 (B), JOINT TRAVEL REGULATIONS). WHILE THE DATA ON WHICH MAJOR MCKAY WAS DETACHED IS NOT DISCLOSED, HIS ORDERS WERE DATED JANUARY 5, 1957. SINCE THOSE ORDERS AUTHORIZED 16 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE, THE EARLIEST POSSIBLE EFFECTIVE DATE OF HIS ORDERS UNDER THE JOINT TRAVEL REGULATIONS WAS JANUARY 21, 1957. THE OFFICER'S DEPENDENT DAUGHTER WAS 12 YEARS OF AGE ON JANUARY 20, 1957, THE DAY PRECEDING THE EFFECTIVE DATE OF HIS ORDERS AND HENCE, HE IS ENTITLED TO A MONETARY ALLOWANCE FOR HER TRAVEL AT THE RATE OF SIX CENTS PER MILE EVEN THOUGH TRANSPORTATION BY COMMON CARRIER OR REIMBURSEMENT THEREFOR WOULD HAVE BEEN LIMITED TO THAT NECESSARY AT THE TIME TRAVEL WAS ACTUALLY PERFORMED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED AT THE RATE OF AN ADDITIONAL THREE CENTS PER MILE FOR THE DISTANCE BETWEEN RANDOLPH AIR FORCE BASE AND MITCHEL AIR FORCE BASE.