B-134408, B-148459, MAY 22, 1963, 42 COMP. GEN. 645

B-134408, B-148459, MAY 22, 1963, 42 COMP. GEN. 645

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DEPENDENT ACQUIRED WHILE ON TEMPORARY DUTY TO PROVIDE FOR REIMBURSING MEMBERS OF THE UNIFORMED SERVICES FOR THE TRAVEL OF DEPENDENTS ACQUIRED BEFORE THE EFFECTIVE DATE OF THEIR ORDERS WHILE AT OR EN ROUTE FROM A TEMPORARY DUTY STATION, THE SECRETARY OF THE MILITARY ESTABLISHMENT, CONCERNED, UNDER THE BROAD STATUTORY AUTHORITY VESTED IN HIM UNDER 37 U.S.C. 406 (C) TO PRESCRIBE THE CONDITIONS AND LIMITATIONS OF A MEMBER'S ENTITLEMENT UPON PERMANENT CHANGE OF DUTY STATION TO THE ALLOWANCES AUTHORIZED BY SECTION 406 (A) FOR THE TRAVEL OF DEPENDENTS, MAY EITHER RETAIN PARAGRAPH 7060 OF THE JOINT TRAVEL REGULATIONS TO LIMIT ENTITLEMENT TO THAT FROM THE TEMPORARY DUTY STATION TO THE NEW PERMANENT DUTY STATION, OR REVISE THE REGULATION BY ADOPTING ONE OF TWO PROPOSALS--- (1) TRANSPORTATION FROM THE PLACE WHERE THE DEPENDENT IS ACQUIRED TO THE NEW PERMANENT DUTY STATION IN ALL CASES REGARDLESS OF WHETHER THE PERMANENT DUTY STATION IS OUTSIDE OR WITHIN THE UNITED STATES; OR (2) AUTHORIZE TRANSPORTATION ONLY IN CASES WHEN THE PERMANENT CHANGE OF DUTY STATION IS FROM OVERSEAS TO THE UNITED STATES.

TO THE SECRETARY OF THE ARMY, MAY 22, 1963:

REFERENCE IS MADE TO LETTER OF APRIL 18, 1963, FROM THE UNDER SECRETARY OF THE ARMY REQUESTING DECISION AS TO WHETHER PARAGRAPH 7060 OF THE JOINT TRAVEL REGULATIONS MAY BE AMENDED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 63-10, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

IN DECISION B-134408, DATED JANUARY 8, 1958, WE CONSIDERED A CASE WHERE A MEMBER, INCIDENT TO A PERMANENT CHANGE OF STATION FROM CAMP LEJEUNE, NORTH CAROLINA, TO SAN DIEGO, CALIFORNIA, WITH TEMPORARY DUTY EN ROUTE AT GREAT LAKES, ILLINOIS, WAS MARRIED AT ATLANTA, GEORGIA, WHILE ON LEAVE GRANTED UPON DETACHMENT FROM GREAT LAKES. IT WAS HELD THAT THE TRAVEL OF HIS DEPENDENT FROM ATLANTA, GEORGIA, TO THE NEW PERMANENT DUTY STATION, SAN DIEGO, CALIFORNIA, WAS REIMBURSABLE NOT TO EXCEED THE ENTITLEMENT FROM THE TEMPORARY DUTY STATION, GREAT LAKES, ILLINOIS, TO SAN DIEGO, CALIFORNIA. DECISION B-148459, DATED JANUARY 7, 1963, 42 COMP. GEN. 344, CONSIDERED A CASE IN WHICH A MEMBER, INCIDENT TO A PERMANENT CHANGE OF STATION FROM OKINAWA TO LOMPOC, CALIFORNIA, WITH TEMPORARY DUTY EN ROUTE AT SAN DIEGO, CALIFORNIA, WAS MARRIED AT ORELAND, PENNSYLVANIA, WHILE ON LEAVE AFTER DEPARTURE FROM SAN DIEGO. IT WAS HELD THAT HE WAS ENTITLED TO REIMBURSEMENT FOR HIS DEPENDENT'S TRAVEL FROM ORELAND, PENNSYLVANIA, TO LOMPOC, CALIFORNIA, NOT TO EXCEED ENTITLEMENT FROM THE OLD PERMANENT STATION TO THE NEW.

THE UNDER SECRETARY SAYS THAT PRIOR TO RECEIPT OF THE JANUARY 7, 1963, DECISION, PARAGRAPH 7060 OF THE JOINT TRAVEL REGULATIONS WAS REVISED (CHANGE 123, FEBRUARY 1, 1963) TO LIMIT ENTITLEMENT TO THAT FROM THE TEMPORARY DUTY STATION WHEN A DEPENDENT IS ACQUIRED AT OR EN ROUTE FROM A TEMPORARY DUTY STATION, IN ACCORD WITH THE DECISION OF JANUARY 8, 1958. IN VIEW, HOWEVER, OF THE RESULT REACHED IN THE DECISION OF JANUARY 7, 1963, THE UNDER SECRETARY REQUESTS AN OPINION AS TO WHETHER THE CURRENT PROVISIONS OF PARAGRAPH 7060 (CHANGE 123) SHOULD BE RETAINED OR WHETHER IT WOULD BE WITHIN THE INTENT AND SPIRIT OF THE LAW TO REVISE THIS REGULATION TO AUTHORIZE IN CASES WHERE THE DEPENDENT IS ACQUIRED BEFORE THE EFFECTIVE DATE OF THE ORDERS AT OR EN ROUTE FROM THE TEMPORARY DUTY STATION (1) TRANSPORTATION FROM THE PLACE WHERE THE DEPENDENT IS ACQUIRED TO THE NEW PERMANENT DUTY STATION NOT TO EXCEED TRANSPORTATION FROM THE OLD TO THE NEW PERMANENT DUTY STATION IN ALL CASES REGARDLESS OF WHETHER THE PERMANENT DUTY STATION IS OUTSIDE OR WITHIN THE UNITED STATES; OR (2) TO AUTHORIZE SUCH TRANSPORTATION ONLY IN CASE WHEN THE PERMANENT CHANGE OF DUTY STATION IS FROM OVERSEAS TO THE UNITED STATES.

PRIOR TO THE ISSUANCE OF CHANGE 80, DATED MAY 1, 1958, TO PARAGRAPH 3003 OF THE JOINT TRAVEL REGULATIONS, THE EFFECTIVE DATE OF ORDERS WAS DEFINED AS THE DATE OF DETACHMENT FROM THE OLD DUTY STATION PLUS ANY LEAVE OR DELAY THAT MIGHT BE AUTHORIZED IN THE BASIC ORDER BUT WITH NO PROVISION FOR DELAY BECAUSE OF TEMPORARY DUTY EN ROUTE. UNDER THOSE REGULATIONS THE RULE STATED IN 26 COMP. GEN. 339, RECOGNIZING TRAVEL OF DEPENDENTS LIMITED TO THAT FROM THE TEMPORARY STATION TO THE NEW STATION WHERE THE DEPENDENT WAS ACQUIRED DURING LEAVE GRANTED IN CONNECTION WITH TEMPORARY DUTY EN ROUTE, WAS FOLLOWED IN B-134408. SEE, ALSO, B-129292, DATED OCTOBER 11, 1956. IN CHANGE 80 THE DEFINITION OF EFFECTIVE DATE WAS CHANGED TO INCLUDE THE PROVISION THAT WHEN ORDERS INVOLVE TEMPORARY DUTY EN ROUTE IN CONNECTION WITH A PERMANENT CHANGE OF STATION, THE EFFECTIVE DATE, FOR PURPOSE OF DEPENDENTS' TRAVEL, IS DELAYED UNTIL DETACHMENT FROM THE TEMPORARY DUTY STATION. IN THE NEXT REVISION (CHANGE 87, DECEMBER 1, 1959), THE PROVISION WAS EXPANDED TO PROVIDE SUBSTANTIALLY THE SAME AS IN THE CURRENT REGULATIONS.

IN THE DECISION OF JANUARY 7, 1963, THERE ALSO WAS CONSIDERED PARAGRAPH 7060-2 OF THE JOINT TRAVEL REGULATIONS (CHANGE 104, MAY 1, 1961) SPECIFICALLY PROVIDING THAT A MEMBER UNDER ORDERS TO MAKE A PERMANENT CHANGE OF STATION WHO WAS GRANTED LEAVE FROM HIS OLD STATION AND WAS MARRIED ON OR BEFORE THE EFFECTIVE DATE OF THE ORDERS DIRECTING THE PERMANENT CHANGE OF STATION IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENT AT GOVERNMENT EXPENSE FROM THE PLACE OF MARRIAGE TO THE NEW STATION, NOT TO EXCEED FROM THE OLD STATION TO THE NEW STATION. THE TERM "OLD STATION" WAS VIEWED AS HAVING REFERENCE TO THE OLD PERMANENT STATION. THE CONCLUSION REACHED IN THE DECISION AS TO THE MEMBER'S ENTITLEMENT WAS PREDICATED ON THOSE PROVISIONS. THUS, THE DIFFERENT RESULTS REACHED IN THE REFERRED TO DECISIONS ARE NOT PREDICATED UPON THE LOCATION OF THE OLD PERMANENT STATION BUT SIMPLY REFLECT A DIFFERENCE IN THE CONTROLLING REGULATIONS IN EFFECT DURING THE PERIODS INVOLVED.

UNDER THE PERTINENT STATUTE, 37 U.S.C. 406 (C), THE ALLOWANCES TO WHICH A MEMBER IS ENTITLED FOR TRAVEL OF DEPENDENTS UPON PERMANENT CHANGE OF STATION UNDER SUBSECTION (A) ARE SUBJECT TO SUCH CONDITIONS AND LIMITATIONS; FOR SUCH GRADES, RANKS AND RATINGS; AND TO AND FROM SUCH PLACES AS PRESCRIBED BY THE SECRETARIES CONCERNED. UNDER THAT BROAD STATUTORY AUTHORITY THERE WOULD APPEAR TO BE NO BASIS FOR LEGAL OBJECTION TO THE RETENTION OF PARAGRAPH 7060 OF THE JOINT TRAVEL REGULATIONS IN ITS PRESENT FORM OR TO ITS REVISION IN THE MANNER PROPOSED BY THE UNDER SECRETARY IN EITHER (1) OR (2).