B-137674, JANUARY 6, 1959, 38 COMP. GEN. 478

B-137674: Jan 6, 1959

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ARE IN A CONTINUOUS SERVICE STATUS MAY NOT BE REGARDED AS HAVING MET THE PERMANENT CHANGE-OF-STATION REQUIREMENT FOR REIMBURSEMENT FOR TRANSPORTATION EXPENSES TO ENTITLE THE MEMBERS TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM HOME TO THE DUTY STATION INCIDENT TO REENLISTMENT. 1959: FURTHER REFERENCE IS MADE TO LETTER OF OCTOBER 10. REQUESTING DECISION ON A MATTER RELATING TO THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IN THE CIRCUMSTANCES DESCRIBED IN THE LETTER AS FOLLOWS: THERE IS PRESENTED FOR YOUR DECISION A QUESTION CONCERNING THE ENTITLEMENT OF A MEMBER TO THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS UNDER CIRCUMSTANCES AS FOLLOWS: A MEMBER IS SERVING ON ACTIVE DUTY IN A GRADE NOT ENTITLING HIM TO THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS.

B-137674, JANUARY 6, 1959, 38 COMP. GEN. 478

MILITARY PERSONNEL - TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS REENLISTMENT AFTER ATTAINMENT OF ELIGIBILITY - SAME STATION MEMBERS OF THE UNIFORMED SERVICES WHO, AT THE TIME OF DISCHARGE AND REENLISTMENT AT THE SAME STATION WHERE THEY HAD ATTAINED THE GRADE FOR ELIGIBILITY FOR TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS AND HOUSEHOLD EFFECTS, ARE IN A CONTINUOUS SERVICE STATUS MAY NOT BE REGARDED AS HAVING MET THE PERMANENT CHANGE-OF-STATION REQUIREMENT FOR REIMBURSEMENT FOR TRANSPORTATION EXPENSES TO ENTITLE THE MEMBERS TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM HOME TO THE DUTY STATION INCIDENT TO REENLISTMENT.

TO THE SECRETARY OF THE ARMY, JANUARY 6, 1959:

FURTHER REFERENCE IS MADE TO LETTER OF OCTOBER 10, 1958, FROM THE UNDER SECRETARY OF THE ARMY, REQUESTING DECISION ON A MATTER RELATING TO THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IN THE CIRCUMSTANCES DESCRIBED IN THE LETTER AS FOLLOWS:

THERE IS PRESENTED FOR YOUR DECISION A QUESTION CONCERNING THE ENTITLEMENT OF A MEMBER TO THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS UNDER CIRCUMSTANCES AS FOLLOWS: A MEMBER IS SERVING ON ACTIVE DUTY IN A GRADE NOT ENTITLING HIM TO THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS. HE IS TRANSFERRED TO A DUTY STATION (LOCATED EITHER WITHIN THE UNITED STATES OR IN AN OVERSEA AREA) IN AN INELIGIBLE GRADE AND, WHILE HE IS ON DUTY AT THAT STATION, HE ATTAINS AN ELIGIBLE GRADE. SUBSEQUENTLY, HIS TERM OF SERVICE EXPIRES AND HE IS DISCHARGED FOR EXPIRATION OF TERM OF SERVICE. THE MEMBER REENLISTS IMMEDIATELY (IN THE ELIGIBLE GRADE) AND IS ASSIGNED TO PERMANENT DUTY AT THE SAME STATION TO WHICH HE WAS ORIGINALLY TRANSFERRED AND AT WHICH HE WAS DISCHARGED AND REENLISTED. THEREFORE, ALTHOUGH THE MEMBER WAS NOT ENTITLED TO THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS INCIDENT TO HIS TRANSFER TO HIS DUTY STATION ON PERMANENT CHANGE OF STATION, OR UPON THE TERMINATION OF HIS PRIOR PERIOD OF SERVICE, HE HAD ACQUIRED ELIGIBILITY FOR SUCH TRANSPORTATION AT THE TIME OF HIS ENTRY INTO THE NEW PERIOD OF SERVICE. THIS SITUATION FREQUENTLY OCCURS IN THE CASES OF MILITARY PERSONNEL TRANSFERRED TO OVERSEA DUTY STATION. IN SUCH INSTANCES, THE MEMBER'S ENLISTMENT PERIOD EXPIRES WHILE HE IS SERVING ON DUTY OVERSEAS AND, RATHER THAN TO BE RETURNED TO THE UNITED STATES FOR SEPARATION, HE ELECTS TO BE DISCHARGED OVERSEAS. HE REENLISTS IMMEDIATELY AND IS CONTINUED ON PERMANENT DUTY AT THE SAME OVERSEA STATION.

THE QUESTION HAS, THEREFORE, ARISEN AS TO WHETHER MILITARY PERSONNEL UNDER CIRCUMSTANCES STATED IN THE FIRST PARAGRAPH WHO HAVE SERVED A CONTRACTED PERIOD OF SERVICE AND ARE SEPARATED AT THE TERMINATION OF THAT PERIOD, REENLIST IMMEDIATELY AND REMAIN STATIONED AT THE SAME STATION AT WHICH PREVIOUSLY SERVING, ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS BY VIRTUE OF THE NEW ENLISTMENT. THAT IS, WOULD SUCH A MEMBER, WHO HAD NO RIGHT TO TRANSPORTATION OF DEPENDENTS OR THE TRANSPORTATION OF HOUSEHOLD GOODS IN THE PRIOR PERIOD OF SERVICE BUT WAS ELIGIBLE FOR THEIR TRANSPORTATION AT THE TIME OF REENLISTMENT, BE ENTITLED TO TRANSPORTATION OF HIS FAMILY AND HOUSEHOLD GOODS AT THE EXPENSE OF THE GOVERNMENT FROM HIS HOME TO HIS DUTY STATION INCIDENT TO HIS NEW ENLISTMENT? IF SUCH A MEMBER WERE TO TAKE A BREAK IN SERVICE PRIOR TO REENLISTMENT IN AN ELIGIBLE GRADE, THERE WOULD BE NO DOUBT AS TO HIS ENTITLEMENT TO SUCH TRANSPORTATION TO THE PERMANENT DUTY STATION TO WHICH HE WAS ASSIGNED. CONSEQUENTLY, IT APPEARS THAT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS AT GOVERNMENT EXPENSE FROM THE HOME TO THE PERMANENT DUTY STATION FOR THOSE MEMBERS REENTERING THE SERVICE UNDER CONDITIONS DISCUSSED HEREIN IS EQUITABLE.

SUBSECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (C), 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. IT IS FURTHER PROVIDED THAT IN CONNECTION WITH A CHANGE OF STATION (WHETHER TEMPORARY OR PERMANENT) MEMBERS SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECT, OR REIMBURSEMENT THEREFOR, TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES.

THE PURPOSE OF THE STATUTE AUTHORIZING TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS TO RELIEVE A MEMBER OF THE UNIFORMED SERVICES OF THE BURDEN OF PERSONALLY DEFRAYING THE EXPENSES OF MOVING HIS HOUSEHOLD BETWEEN STATIONS WHEN SUCH MOVE IS MADE NECESSARY BY AN ORDERED CHANGE OF STATION. OUR DECISIONS UNIFORMLY HAVE HELD THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS, UNDER THE PROVISIONS OF PRIOR STATUTES, AS WELL AS SUBSECTION 303 (C) OF THE CAREER COMPENSATION ACT, ACCRUES AND BECOMES FIXED ON THE EFFECTIVE DATE OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION. HENCE, WE HAVE HELD THAT, AS TO MEMBERS INELIGIBLE FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE STATUTE AFFORDS NO LEGAL BASIS FOR AUTHORIZING THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS TO A CURRENT STATION (OVERSEAS OR IN THE UNITED STATES) MERELY BECAUSE A MEMBER MEETS THE ELIGIBILITY CONDITIONS BY ATTAINING THE NECESSARY GRADE OR COMPLETING THE REQUIRED SERVICE WHILE SERVING ON DUTY AT THAT PLACE. 35 COMP. GEN. 670. IF A CHANGE OF STATION IS SUBSEQUENTLY ORDERED, TRANSPORTATION IS LIMITED TO THAT AUTHORIZED BETWEEN THOSE TWO STATIONS. 37 COMP. GEN. 715.

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SUBSECTION 303 (C) OF THE CAREER COMPENSATION ACT, PROVIDES THAT, OTHER THAN FOR CERTAIN SPECIFICALLY ENUMERATED EXCEPTIONS, MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION WHICH INCLUDES (PARAGRAPH 3003- 1) THE CHANGE FROM HOME OR PLACE FROM WHICH ORDERED ACTIVE DUTY TO FIRST STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, OR INDUCTION, AND FROM LAST STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE. HOWEVER, THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS IS LIMITED, EXCEPT UNDER CERTAIN SPECIFIC CONDITIONS, TO CASES IN WHICH THE MEMBER IS "ORDERED TO MAKE A CHANGE OF PERMANENT STATION.' SINCE THE TRANSPORTATION OF DEPENDENTS FROM HOME TO DUTY STATION AND FROM LAST STATION TO HOME IS AUTHORIZED ON THE SAME BASIS AS IN THE CASE OF A CHANGE OF PERMANENT DUTY STATION, IT FOLLOWS THAT SUCH TRANSPORTATION IS SUBJECT TO THE SAME LIMITATIONS AND REIMBURSEMENT IS NOT AUTHORIZED FOR TRAVEL FROM THE HOME TO FIRST DUTY STATION UNLESS A CHANGE OF STATION FROM HOME TO FIRST STATION IS INVOLVED. THUS, IT WAS HELD THAT WHERE A MEMBER IS DISCHARGED AND REENLISTS UNDER CONDITIONS WHICH PERMIT HIS SERVICE TO BE REGARDED AS CONTINUOUS, HIS RIGHT TO TRANSPORTATION OF DEPENDENTS CONTINUES ON THE SAME BASIS AS THOUGH HE HAD NOT BEEN DISCHARGED AND THE ONLY TRAVEL OF DEPENDENTS WHICH IS AUTHORIZED AT GOVERNMENT EXPENSE IS TRAVEL FROM HIS OLD STATION TO THE NEW STATION TO WHICH HE IS REQUIRED TO REPORT AFTER HIS REENLISTMENT. SEE B-119864, DATED SEPTEMBER 10, 1954, AND B-124693, DATED OCTOBER 7, 1955.

THE SITUATION OF AN ENLISTED MAN WHO REENLISTS UNDER CIRCUMSTANCES WHICH PERMIT HIS SERVICE TO BE REGARDED AS CONTINUOUS IS NOT THE SAME AS THAT OF AN ENLISTED MAN WHO IS COMMISSIONED WHILE SERVING AT AN OFFICER CANDIDATE SCHOOL. UPON APPOINTMENT AND ACCEPTANCE OF A COMMISSION, THE OFFICER ENTERS A DIFFERENT STATUS FROM THAT IN WHICH HE HAD BEEN SERVING, AND SINCE A PERMANENT CHANGE OF STATION INCLUDES THE CHANGE FROM HOME OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION UPON "APPOINTMENT," A PERMANENT CHANGE OF STATION IS REGARDED AS BEING DIRECTED IN CONNECTION WITH SUCH APPOINTMENT AND ASSIGNMENT TO HIS FIRST STATION AS AN OFFICER, FOR THE PURPOSES OF TRANSPORTATION OF DEPENDENTS TO SUCH STATION, EVEN THOUGH THAT STATION IS LOCATED AT THE SAME PLACE HE HAD BEEN SERVING AS AN ENLISTED MAN. B 117014, SEPTEMBER 25, 1953.

CONCERNING THE LANGUAGE IN OUR DECISION OF AUGUST 5, 1954, B-119374, TO WHICH YOU REFER, RELATING TO TRANSPORTATION FROM HOME TO DUTY STATION AND LIMITING TRANSPORTATION OF DEPENDENTS UPON REENLISTMENT "NOT TO EXCEED THE COST OF SUCH TRANSPORTATION FROM THE ESTABLISHED RESIDENCE OF HIS DEPENDENTS AT THE TIME OF REENLISTMENT, WHETHER LOCATED AT A MILITARY INSTALLATION OR ELSEWHERE, TO THE DUTY STATION TO WHICH THE MEMBER IS ASSIGNED UPON REENLISTMENT," YOUR ATTENTION IS INVITED TO THE FACT THAT THE ENLISTED MAN IN THAT CASE DID NOT REENLIST AT HIS LAST DUTY STATION. HE WAS DISCHARGED AT CAMP STONEMAN, CALIFORNIA, AND REENLISTED AT OAKLAND ARMY BASE, CALIFORNIA. THERE APPEARS TO HAVE BEEN NO BASIS WHICH WOULD HAVE PERMITTED HIS SERVICE TO BE REGARDED AS CONTINUOUS FOR PURPOSES OF TRANSPORTATION OF HIS DEPENDENTS FROM CAMP STONEMAN SINCE NO ORDERS WERE ISSUED DIRECTING TRAVEL FROM THAT PLACE. CF. 36 COMP. GEN. 71. REIMBURSEMENT FOR TRAVEL FROM THAT PLACE WAS AUTHORIZED AS FROM PLACE OF RESIDENCE IN CONNECTION WITH THEIR TRAVEL TO HIS FIRST STATION INCIDENT TO HIS ENLISTMENT. IN THE PRESENT CASE, THE ENLISTED MAN REENLISTED AT HIS OLD DUTY STATION UNDER CONDITIONS WHICH PERMIT HIS SERVICE TO BE REGARDED AS CONTINUOUS.

IN VIEW OF THE FOREGOING, IT IS CONCLUDED THAT A MEMBER WHO IS DISCHARGED AND IMMEDIATELY REENLISTS IN THE CIRCUMSTANCES HERE INVOLVED, IS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM HOME TO DUTY STATION INCIDENT TO SUCH REENLISTMENT, BECAUSE NO PERMANENT CHANGE OF STATION IS INVOLVED. ACCORDINGLY, THE SUBMITTED QUESTION IS ANSWERED IN THE NEGATIVE.