B-137354, DEC 1, 1958

B-137354: Dec 1, 1958

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YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR WIFE PERFORMED THE TRAVEL PRIOR TO THE ISSUANCE OF YOUR ORDERS OF SEPTEMBER 24. YOUR REQUEST FOR AUTHORIZATION FOR HER TRAVEL TO THE UNITED STATES PRIOR TO THE ISSUANCE OF THE ORDERS FOR YOUR RETURN WAS NOT APPROVED. THE RECORD SHOWS THAT WHILE STATIONED OVERSEAS YOU WERE MARRIED WITHOUT PROPER AUTHORITY OF THE SERVICE CONCERNED. AS A RESULT YOU WERE REDUCED TO THE RANK OF CORPORAL ON JULY 15. YOUR REQUEST FOR TRANSPORTATION FOR YOUR WIFE TO THE UNITED STATES PRIOR TO YOUR RETURN WAS DENIED ON JULY 22. SINCE A CORPORAL IS NOT ORDINARILY ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM OVERSEAS STATIONS AT GOVERNMENT EXPENSE. ORDERS WERE ISSUED TRANSFERRING YOU TO THE UNITED STATES AND ON OCTOBER 25.

B-137354, DEC 1, 1958

PRECIS-UNAVAILABLE

SERGEANT ROBERT G. SALSBERRY, USMC, 1389993:

YOUR LETTER DATED AUGUST 26, 1958, REQUESTS REVIEW OF OUR SETTLEMENT DATED JULY 28, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF YOUR WIFE'S TRAVEL FROM SINGAPORE, B. C. C., TO NEW YORK, NEW YORK. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR WIFE PERFORMED THE TRAVEL PRIOR TO THE ISSUANCE OF YOUR ORDERS OF SEPTEMBER 24, 1957, TRANSFERRING YOU TO CAMP LEJEUNE, NORTH CAROLINA, AND YOUR REQUEST FOR AUTHORIZATION FOR HER TRAVEL TO THE UNITED STATES PRIOR TO THE ISSUANCE OF THE ORDERS FOR YOUR RETURN WAS NOT APPROVED.

THE RECORD SHOWS THAT WHILE STATIONED OVERSEAS YOU WERE MARRIED WITHOUT PROPER AUTHORITY OF THE SERVICE CONCERNED, AND AS A RESULT YOU WERE REDUCED TO THE RANK OF CORPORAL ON JULY 15, 1957. YOUR REQUEST FOR TRANSPORTATION FOR YOUR WIFE TO THE UNITED STATES PRIOR TO YOUR RETURN WAS DENIED ON JULY 22, 1957, SINCE A CORPORAL IS NOT ORDINARILY ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM OVERSEAS STATIONS AT GOVERNMENT EXPENSE. CONSEQUENTLY, YOU SENT HER AT PERSONAL EXPENSE TO NEW YORK CITY ABOARD AN AMERICAN REGISTERED VESSEL WHICH DEPARTED FROM SINGAPORE ON AUGUST 3, 1957. ON SEPTEMBER 24, 1957, ORDERS WERE ISSUED TRANSFERRING YOU TO THE UNITED STATES AND ON OCTOBER 25, 1957, THE PUNISHMENT AWARDED ON JULY 15, 1957, WAS REMITTED AND ALL RIGHTS, PRIVILEGES AND PROPERTY AFFECTED THEREBY WERE RESTORED.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. PARAGRAPH 7009-3 OF THOSE REGULATIONS PROVIDES THAT A MEMBER SERVING ON PERMANENT DUTY AT A STATION OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA MAY REQUEST RETURN OF HIS DEPENDENTS TO THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR HIS RETURN AND THAT COMMANDING OFFICERS MAY ISSUE ORDERS AUTHORIZING THE ADVANCE RETURN OF DEPENDENTS TO THE UNITED STATES UNDER CEERTAIN UNUSUAL OR EMERGENCY CIRCUMSTANCES. SINCE ORDERS WERE NOT ISSUED FOR THE ADVANCE RETURN OF YOUR DEPENDENT, THAT PROVISION AFFORDS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED AT GOVERNMENT EXPENSE INCIDENT TO THE MEMBER'S PERMANENT CHANGE OF STATION WHEN THE DEPENDENTS DEPART THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS. AN EXCEPTION IS PROVIDED, HOWEVER, WHEN THE VOUCHER COVERING PAYMENT IS 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 CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. IN THE ABSENCE OF THE REQUIRED CERTIFICATE WE HAVE NO ALTERNATIVE OTHER THAN TO HOLD THAT YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR YOUR WIFE'S TRAVEL PERFORMED PRIOR TO THE ISSUANCE OF YOUR ORDERS.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF JULY 28, 1958, IS SUSTAINED.

IN CONNECTION WITH THE DISLOCATION ALLOWANCE REFERRED TO IN YOUR LETTER OF AUGUST 26, 1958, OUR RECORDS DO NOT REVEAL THAT A CLAIM HAS BEEN PRESENTED HERE FOR DISLOCATION ALLOWANCE. HOWEVER, WE NOTE THAT PURSUANT TO PARAGRAPH 9003-1 OF THE JOINT TRAVEL REGULATIONS, A MEMBER IS NOT ENTITLED TO A DISLOCATION ALLOWANCE UNDER THE CONDITIONS OUTLINED IN PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS WHICH WAS DISCUSSED ABOVE. HENCE, IT APPEARS THAT YOU ARE NOT ENTITLED, ON THE PRESENT RECORD, TO A DISLOCATION ALLOWANCE FOR RELOCATING YOUR HOUSEHOLD FROM SINGAPORE TO CAMP LEJEUNE.