B-134796, FEB. 19, 1958

B-134796: Feb 19, 1958

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THE RECORD SHOWS THAT YOU WERE ASSIGNED TO DUTY OVERSEAS BY ORDERS DATED JULY 11. YOU WERE REIMBURSED FOR THEIR TRAVEL AND YOU WERE PAID DISLOCATION ALLOWANCE. WHILE YOU WERE OVERSEAS YOUR WIFE BECAME SERIOUSLY ILL AND WAS UNABLE TO CARE FOR HERSELF AND YOUR CHILDREN. WHEN YOU WERE NOTIFIED OF THIS SITUATION YOU REQUESTED A PERIOD OF MORALE LEAVE. WHICH WAS DENIED. YOU THEN REQUESTED REASSIGNMENT FOR COMPASSIONATE REASONS WHICH WAS ALSO DENIED BECAUSE YOU HAD AN INTRATHEATER TRANSFER SCHEDULED. THIS TRANSFER WAS CANCELLED PURSUANT TO YOUR REQUEST. YOU WERE TRANSFERRED TO YOUR PRESENT DUTY STATION AT FORT POLK. THAT TRANSPORTATION IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPART THE OLD STATION "PRIOR TO THE ISSUANCE OF ORDERS" AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER OR HIS DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF THE CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.

B-134796, FEB. 19, 1958

TO LIEUTENANT COLONEL JOHN O-CONNELL:

YOUR LETTER OF DECEMBER 19, 1957, REQUESTS REVIEW OF OUR SETTLEMENT DATED NOVEMBER 20, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRAVEL OF YOUR DEPENDENTS FROM SOUTH PORTLAND, MAINE, TO VALLEY HEAD, ALABAMA, AND FOR DISLOCATION ALLOWANCE INCIDENT TO YOUR ORDERS OF FEBRUARY 1, 1957.

THE RECORD SHOWS THAT YOU WERE ASSIGNED TO DUTY OVERSEAS BY ORDERS DATED JULY 11, 1955. YOUR DEPENDENTS TRAVELED TO SOUTH PORTLAND, MAINE. YOU WERE REIMBURSED FOR THEIR TRAVEL AND YOU WERE PAID DISLOCATION ALLOWANCE. ON OR ABOUT APRIL 16, 1956, WHILE YOU WERE OVERSEAS YOUR WIFE BECAME SERIOUSLY ILL AND WAS UNABLE TO CARE FOR HERSELF AND YOUR CHILDREN. YOUR BROTHER-IN-LAW, CAPTAIN DENNIS SIBERT, MOVED THEM TO HIS HOME AT MENTONE, ALABAMA. WHEN YOU WERE NOTIFIED OF THIS SITUATION YOU REQUESTED A PERIOD OF MORALE LEAVE, WHICH WAS DENIED. YOU THEN REQUESTED REASSIGNMENT FOR COMPASSIONATE REASONS WHICH WAS ALSO DENIED BECAUSE YOU HAD AN INTRATHEATER TRANSFER SCHEDULED. THIS TRANSFER WAS CANCELLED PURSUANT TO YOUR REQUEST. BY ORDERS DATED FEBRUARY 11, 1957, YOU WERE TRANSFERRED TO YOUR PRESENT DUTY STATION AT FORT POLK, LOUISIANA.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES IN PART THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM, SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES ,WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION" SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS, OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT PROVISION OF LAW PROVIDE FOR TRANSPORTATION (OR MONETARY ALLOWANCE) OF DEPENDENTS OF OFFICERS, WARRANT OFFICERS AND CERTAIN ENLISTED MEN WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION INCLUDING THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME. THE REGULATIONS SPECIFICALLY PROVIDE (PARAGRAPH 7000-9), THAT TRANSPORTATION IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPART THE OLD STATION "PRIOR TO THE ISSUANCE OF ORDERS" AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER OR HIS DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF THE CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.

THE PURPOSE OF THE STATUTE AND REGULATIONS AUTHORIZING TRANSPORTATION OF DEPENDENTS AND DISLOCATION ALLOWANCE IS TO RELIEVE A MEMBER OF THE BURDEN OF PERSONALLY DEFRAYING THE TRAVEL EXPENSES OF HIS DEPENDENTS AND THE COST OF MOVING HIS HOUSEHOLD WHEN SUCH EXPENSES ARE INCURRED AS A RESULT OF AN ORDERED CHANGE OF STATION. YOUR WIFE AND CHILDREN TRAVELED FROM SOUTH PORTLAND, MAINE, TO VALLEY HEAD, ALABAMA, BECAUSE SHE WAS ILL AND COULD NOT CARE FOR HERSELF AND THE CHILDREN. THEY DID NOT PERFORM THAT TRAVEL BECAUSE YOU WERE ORDERED TO CAMP POLK, LOUISIANA. ON THE CONTRARY, IT IS CLEAR FROM THE RECORD THAT THEY HAD ALREADY PERFORMED THE TRAVEL WHEN YOU REQUESTED CANCELLATION OF YOUR SCHEDULED INTRATHEATER ASSIGNMENT SO THAT YOU COULD BE REASSIGNED TO THE UNITED STATES. IT WAS BECAUSE OF THESE CIRCUMSTANCES THAT YOU WERE TRANSFERRED TO CAMP POLK.

WHILE WE ARE NOT UNMINDFUL OF THE UNFORTUNATE CIRCUMSTANCES THAT NECESSITATED YOUR DEPENDENTS' TRAVEL, IT IS CLEAR THAT THEY DID NOT PERFORM THE TRAVEL AS A RESULT OF YOUR CHANGE OF STATION. THEREFORE, WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM FOR THEIR TRAVEL OR FOR THE PAYMENT OF THE DISLOCATION ALLOWANCE. ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 20, 1957, WAS CORRECT AND IS SUSTAINED.

YOUR REQUEST FOR COPIES OF THE COMPLETE FILE MAY NOT BE GRANTED. IF, HOWEVER, YOU IDENTIFY THE DOCUMENTS YOU WISH, CONSIDERATION WILL BE GIVEN TO A REQUEST FOR COPIES OF THOSE DOCUMENTS.