B-134615, APR. 3, 1958

B-134615: Apr 3, 1958

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THE SUBJECT OFFICER WAS DETACHED FROM THE UNITED STATES ARMY GARRISON. TEMPORARY DUTY EN ROUTE WAS DIRECTED FOR APPROXIMATELY 18 WEEKS AT THE INFANTRY SCHOOL. UPON COMPLETION OF SUCH TEMPORARY DUTY HE WAS TO REPORT TO FORT DIX NOT LATER THAN SEPTEMBER 6. HE WAS TO NOTIFY THE OVERSEAS REPLACEMENT STATION IMMEDIATELY OF HIS EARLIER ARRIVAL DATE. YOU REQUEST A DECISION AS TO WHETHER THE OFFICER IS ENTITLED TO THE REIMBURSEMENT CLAIMED BECAUSE OF YOUR DOUBT AS TO THE EFFECTIVE DATE. OF PERMANENT CHANGE OF STATION ORDERS WHERE THE ORDERS ARE TO AN OVERSEAS STATION AND INVOLVE A PERIOD OF TEMPORARY DUTY EN ROUTE. PROVIDE IN PARAGRAPH 7000 THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON "A PERMANENT CHANGE OF STATION" FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED.

B-134615, APR. 3, 1958

TO MAJOR H. M. JENNINGS:

BY SECOND INDORSEMENT OF DECEMBER 9, 1957, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF NOVEMBER 21, 1957, SUBMITTING FOR ADVANCE DECISION VOUCHERS STATED IN FAVOR OF CAPTAIN DELBERT F. LEFFEL, O-2028378, FOR REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS AND FOR PAYMENT OF DISLOCATION ALLOWANCES, IN THE CIRCUMSTANCES SHOWN.

THE RECORD SHOWS THAT BY ORDERS OF MARCH 4, 1957, ISSUED BY THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., THE SUBJECT OFFICER WAS DETACHED FROM THE UNITED STATES ARMY GARRISON, FORT LEAVENWORTH, KANSAS, AND ASSIGNED TO THE OVERSEAS REPLACEMENT STATION AT FORT DIX, NEW JERSEY, FOR FURTHER ASSIGNMENT TO THE UNITED STATES ARMY, EUROPE. TEMPORARY DUTY EN ROUTE WAS DIRECTED FOR APPROXIMATELY 18 WEEKS AT THE INFANTRY SCHOOL, FORT BENNING, GEORGIA, WITH A REPORTING DATE OF NOT EARLIER THAN MARCH 25 AND NOT LATER THAN MARCH 26, 1957, FOR THE PURPOSE OF ATTENDING ASSOCIATE INFANTRY OFFICERS' ADVANCE COURSE. UPON COMPLETION OF SUCH TEMPORARY DUTY HE WAS TO REPORT TO FORT DIX NOT LATER THAN SEPTEMBER 6, 1957, SUCH ASSIGNMENT BEING CLASSIFIED AS A PERMANENT CHANGE OF STATION. THESE ORDERS FURTHER AUTHORIZED 30 DAYS' LEAVE UPON COMPLETION OF THE DIRECTED TEMPORARY DUTY AT FORT BENNING, WITH THE PROVISO THAT IF THE OFFICER TOOK ONLY PART OR NONE OF THE AUTHORIZED LEAVE, HE WAS TO NOTIFY THE OVERSEAS REPLACEMENT STATION IMMEDIATELY OF HIS EARLIER ARRIVAL DATE. THE ORDERS ALSO PROVIDED FOR TRAVEL COSTS TO AND PER DIEM AT THE TEMPORARY DUTY STATION FOR THE OFFICER. FOLLOWING COMPLETION OF HIS TEMPORARY DUTY AT FORT BENNING, ORDERS DATED AUGUST 27, 1957, ISSUED BY THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, ADDRESSED TO CAPTAIN LEFFEL AT HIS LEAVE ADDRESS IN MEDFORD, WISCONSIN, REVOKED THE UNEXECUTED PORTION OF THE ORDERS OF MARCH 4, 1957, AND DIRECTED A PERMANENT CHANGE OF STATION TO FORT LEAVENWORTH, KANSAS, THE OFFICER'S ORIGINAL PERMANENT STATION. THE OFFICER HAS CERTIFIED THAT HIS DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM FORT LEAVENWORTH, KANSAS, TO COLUMBUS (FORT BENNING), GEORGIA, BETWEEN MARCH 19, 1957, AND MARCH 25, 1957, AND ALSO FROM MEDFORD, WISCONSIN, TO FORT LEAVENWORTH, KANSAS, BETWEEN AUGUST 26, 1957, AND AUGUST 28, 1957. HE CLAIMS REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS AND ALSO DISLOCATION ALLOWANCES INCIDENT TO TWO PERMANENT CHANGES OF STATION FROM FORT LEAVENWORTH TO FORT DIX AND FROM FORT DIX BACK TO FORT LEAVENWORTH. YOU REQUEST A DECISION AS TO WHETHER THE OFFICER IS ENTITLED TO THE REIMBURSEMENT CLAIMED BECAUSE OF YOUR DOUBT AS TO THE EFFECTIVE DATE, FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS, OF PERMANENT CHANGE OF STATION ORDERS WHERE THE ORDERS ARE TO AN OVERSEAS STATION AND INVOLVE A PERIOD OF TEMPORARY DUTY EN ROUTE.

THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, 813, 814, PROVIDE IN PARAGRAPH 7000 THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON "A PERMANENT CHANGE OF STATION" FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED, SUBJECT TO CERTAIN EXCEPTIONS WHICH INCLUDE THE CASE OF AN OFFICER ASSIGNED TO A SCHOOL OR INSTALLATION AS A STUDENT FOR A COURSE OF INSTRUCTION OF LESS THAN 20 WEEKS' DURATION. SUCH PROVISION OF THE REGULATIONS, IN THE LIGHT OF THEIR GENERAL PURPOSE IN AUTHORIZING TRANSPORTATION OF DEPENDENTS ONLY UPON ORDERS TO MAKE A PERMANENT CHANGE OF STATION TO THE EXCLUSION OF THE ORDERED TEMPORARY CHANGES OF STATION, HAS BEEN CONSTRUED AS CONTEMPLATING THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IN CONNECTION WITH AN ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A STUDENT ONLY IF THE COURSE OF INSTRUCTION IS TO BE 20 WEEKS OR MORE IN DURATION AT ANY ONE PLACE. SEE 32 COMP. GEN. 569 AND 34 COMP. GEN. 260. SINCE CAPTAIN LEFFEL WAS, BY ORDERS OF MARCH 4, 1957, ASSIGNED TO FORT BENNING, GEORGIA, FOR A COURSE OF INSTRUCTION OF LESS THAN 20 WEEKS' DURATION, THE REGULATIONS CLEARLY BAR PAYMENT IN ANY AMOUNT FOR TRAVEL OF HIS DEPENDENTS INCIDENT TO SUCH ASSIGNMENT. THEREFORE, PAYMENT IS NOT AUTHORIZED ON THE VOUCHERS SUBMITTED FOR HIS DEPENDENTS' TRAVEL FROM LEAVENWORTH, KANSAS, TO FORT BENNING, GEORGIA. CONCERNING CAPTAIN LEFFEL'S CLAIM FOR TWO DISLOCATION ALLOWANCES AND HIS CLAIM FOR DEPENDENTS' TRAVEL FROM HIS LEAVE ADDRESS TO A NEW PERMANENT STATION, PARAGRAPH 3003-1 (B) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS, THE AMOUNT OF SUCH LEAVE AND DELAY WILL BE ADDED TO THE DATE OF DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. WHERE AN OFFICER IS GRANTED LEAVE IN CONNECTION WITH TRAVEL IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL THE EXPIRATION OF THE AUTHORIZED LEAVE, AND IF THE ORDERS ARE CANCELED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO THE LEAVE AND THE EXPENSES MUST BE BORNE BY THE TRAVELER CONCERNED. 33 COMP. GEN. 289. UNDER THE PROVISIONS OF PARAGRAPH 7008-2, JOINT TRAVEL REGULATIONS, THIS RULE IS EQUALLY APPLICABLE TO TRANSPORTATION OF DEPENDENTS WHERE THE OVERSEAS ASSIGNMENT IS TO A STATION TO WHICH CONCURRENT TRAVEL OF DEPENDENTS IS AUTHORIZED. SUCH TRANSPORTATION OF DEPENDENTS WAS AUTHORIZED INCIDENT TO ORDERS TO USAREUR BY ARMY REGULATIONS NO. 55-46, OCTOBER 25, 1956, SUBJECT TO THE PROVISIONS OF THOSE REGULATIONS. HENCE, NO RIGHT ACCRUED TO CAPTAIN LEFFEL FOR TRANSPORTATION OF HIS DEPENDENTS FROM BEDFORD TO FORT LEAVENWORTH. 129292, OCTOBER 11, 1956. MOREOVER, SINCE NO TRAVEL WAS REQUIRED BY ANY PERMANENT CHANGE OF STATION ORDERS WHICH HAD BECOME EFFECTIVE, NO RIGHT TO DISLOCATION ALLOWANCE ACCRUED TO CAPTAIN LEFFEL. SEE PARAGRAPH 9006, JOINT TRAVEL REGULATIONS.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO PAY THE CLAIM OF CAPTAIN LEFFEL FOR REIMBURSEMENT OF DEPENDENTS' TRAVEL AND DISLOCATION ALLOWANCES. THE VOUCHERS AND SUPPORTING PAPERS WILL BE RETAINED HERE.