B-141425, JAN. 5, 1960

B-141425: Jan 5, 1960

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UNITED STATES ARMY: REFERENCE IS MADE TO YOUR FIRST INDORSEMENT DATED NOVEMBER 16. YOU WERE RELEASED FROM ASSIGNMENT AT THAT STATION AND ASSIGNED TO THE UNITED STATES ARMY TRANSPORTATION TRAINING COMMAND. YOU WERE PAID MILEAGE FROM TRAVIS AIR BASE TO SHARPE GENERAL DEPOT. YOUR CLAIM FOR AN ADDITIONAL AMOUNT TO INCLUDE TRAVEL TO THE POINT WHERE YOU WERE NOTIFIED OF THE CHANGE OF ORDERS AND RETURN TO SHARPE GENERAL DEPOT WAS DISALLOWED BY THE SETTLEMENT OF NOVEMBER 4. THE ACTION TAKEN IN THE SETTLEMENT WAS BASED UPON PARAGRAPH 4156. THE EXECUTION OF THE CHANGE OF STATION ORDERS IS MERELY SUSPENDED AND AT THE EXPIRATION OF THE LEAVE THE MEMBER COMES UNDER THE OPERATION OF THE ORDERS. PARAGRAPH 3003 (1) (B) OF THE REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY IN REPORTING TO NEW STATION IS AUTHORIZED THE AMOUNT OF LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS.

B-141425, JAN. 5, 1960

TO MAJOR JOHN A. LAMB, TC, UNITED STATES ARMY:

REFERENCE IS MADE TO YOUR FIRST INDORSEMENT DATED NOVEMBER 16, 1959, TO SETTLEMENT DATED NOVEMBER 4, 1959, OF OUR CLAIMS DIVISION WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL BY YOU AND YOUR DEPENDENTS UNDER PERMANENT CHANGE OF STATION ORDERS DATED MAY 18, 1959, AS AMENDED.

BY SPECIAL ORDERS NO. 66, DATED MAY 18, 1959, HEADQUARTERS, UNITED STATES ARMY TRANSPORTATION TERMINAL COMMAND, JAPAN, YOU WERE RELEASED FROM ASSIGNMENT AT THAT STATION AND ASSIGNED TO THE UNITED STATES ARMY TRANSPORTATION TRAINING COMMAND, FORT EUSTIS, VIRGINIA, A PERMANENT CHANGE OF STATION. THE ORDERS AUTHORIZED 30 DAYS' LEAVE WITH TRANSIENT ADDRESS SHOWN AS ROCK FALLS, ILLINOIS. YOU AND YOUR DEPENDENTS LEFT JAPAN ON JUNE 24, 1959, ARRIVING AT TRAVIS AIR BASE, CALIFORNIA, ON JUNE 25, 1959. JULY 19, 1959, NOTIFYING YOU THAT YOU HAD BEEN REASSIGNED TO SHARPE GENERAL DEPOT, LATHROP, CALIFORNIA. YOU CONTINUED YOUR LEAVE AT ROCK FALLS AND RETURNED TO SHARPE GENERAL DEPOT ON AUGUST 5, 1959. YOU WERE PAID MILEAGE FROM TRAVIS AIR BASE TO SHARPE GENERAL DEPOT. YOUR CLAIM FOR AN ADDITIONAL AMOUNT TO INCLUDE TRAVEL TO THE POINT WHERE YOU WERE NOTIFIED OF THE CHANGE OF ORDERS AND RETURN TO SHARPE GENERAL DEPOT WAS DISALLOWED BY THE SETTLEMENT OF NOVEMBER 4, 1959. THE ACTION TAKEN IN THE SETTLEMENT WAS BASED UPON PARAGRAPH 4156, CASE 9, JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT WHEN A MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS AVAILS HIMSELF OF A LEAVE OF ABSENCE, THE EXECUTION OF THE CHANGE OF STATION ORDERS IS MERELY SUSPENDED AND AT THE EXPIRATION OF THE LEAVE THE MEMBER COMES UNDER THE OPERATION OF THE ORDERS. PARAGRAPH 3003 (1) (B) OF THE REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY IN REPORTING TO NEW STATION IS AUTHORIZED THE AMOUNT OF LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS. IN THE INDORSEMENT OF NOVEMBER 16, 1959, YOU URGE THAT YOUR CLAIM BE ALLOWED, SAYING THAT YOU COULD HAVE BEEN NOTIFIED OF THE CHANGE IN ORDERS BEFORE YOU LEFT JAPAN, THAT SUCH CHANGE PLACED A FINANCIAL BURDEN ON YOU THROUGH NO FAULT OF YOUR OWN, AND THAT HAD YOU KNOWN OF THE CHANGE YOU WOULD NOT HAVE TAKEN THE 30 DAYS' LEAVE.

THE TRAVEL OF MEMBERS OF THE ARMED SERVICES AND THEIR DEPENDENTS IS GOVERNED BY JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. AS YOU WERE ADVISED IN THE SETTLEMENT OF NOVEMBER 4, 1959, PARAGRAPH 3003 (1) (B) OF THOSE REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO A NEW STATION IS AUTHORIZED IN THE ORDERS THE AMOUNT OF LEAVE OR DELAY WILL BE ADDED TO THE DATE OF DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. IT IS ALSO PROVIDED IN PARAGRAPH 7000-6 OF THE REGULATIONS THAT A MEMBER OF THE UNIFORMED SERVICES SHALL NOT BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION WHERE SUCH MEMBER FAILS TO RECEIVE REVOCATION OF PERMANENT CHANGE OF STATION ORDERS BECAUSE HE TOOK ADVANTAGE OF A LEAVE OF ABSENCE, AND THE NOTICE OF REVOCATION WAS RECEIVED AT HIS OLD PERMANENT STATION SUFFICIENTLY IN ADVANCE OF THE TIME HE WOULD HAVE BEEN REQUIRED TO COMMENCE TRAVEL UNDER THE ORIGINAL ORDERS. LIKEWISE, PARAGRAPH 7050 OF THE REGULATIONS PROVIDES THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION ARE CHANGED PRIOR TO EFFECTIVE DATE OF THE ORDERS AND A NEW PERMANENT CHANGE OF STATION IS DESIGNATED, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED NOT TO EXCEED THE ENTITLEMENT FROM THE OLD PERMANENT STATION TO THE ULTIMATE NEW STATION.

THUS, WHERE AN OFFICER IS GRANTED LEAVE IN CONNECTION WITH A CHANGE OF STATION IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER THE CHANGE OF STATION ORDERS UNTIL THE EXPIRATION OF THE LEAVE, AND IF THE ORDERS ARE CANCELLED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO THE LEAVE AND THE EXPENSE THEREOF MUST BE BORN BY THE TRAVELER CONCERNED. 31 COMP. GEN. 156; 33 COMP. GEN. 289.

SINCE YOU AND YOUR DEPENDENTS TRAVELED FROM YOUR OLD PERMANENT STATION PRIOR TO THE EFFECTIVE DATE OF THE ORDERS OF MAY 18, 1959, AND IN VIEW OF THE EXPRESS PROVISION OF THE ABOVE-CITED TRAVEL REGULATIONS, THE REASONS ADVANCED IN YOUR INDORSEMENT OF NOVEMBER 16, 1959, CONSTITUTE NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, PAYMENT THEREOF IS NOT AUTHORIZED AND THE SETTLEMENT OF NOVEMBER 4, 1959, IS SUSTAINED.