B-142677, MAY 19, 1960, 39 COMP. GEN. 786

B-142677: May 19, 1960

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WHO ARE SONS OF MEMBERS OF THE UNIFORMED SERVICES. ARE ENTITLED TO TRANSPORTATION ALLOWANCES IN THEIR OWN RIGHT AND. SUCH CADETS MAY NOT BE REGARDED AS DEPENDENTS FOR TRAVEL PURPOSES INCIDENT TO A PERMANENT CHANGE OF STATION OF THE MEMBER TO ENTITLE THE MEMBER TO REIMBURSEMENT FOR THE CADET'S TRAVEL WHEN THE PERMANENT CHANGE OF STATION IS MADE AFTER THE SON ENTERED THE ACADEMY. 1960: REFERENCE IS MADE TO A LETTER DATED APRIL 4. IT IS REPORTED THAT MANY OF THE CADETS ARE SONS OF MEMBERS OF THE UNIFORMED SERVICES AND THAT THE LATTER ARE REQUIRED BY THE GOVERNMENT TO MAKE PERIODIC PERMANENT CHANGES OF STATION. INQUIRY IS MADE AS TO WHETHER THE GOVERNMENT MAY BEAR THE CADET-SON'S TRANSPORTATION COSTS FOR THE GOING TRIP FROM THE MILITARY ACADEMY TO THE NEW STATION.

B-142677, MAY 19, 1960, 39 COMP. GEN. 786

MILITARY PERSONNEL - TRANSPORTATION - DEPENDENTS - CADETS - EFFECT OF ENTITLEMENT TO BENEFITS IN OWN RIGHT UNITED STATES MILITARY ACADEMY CADETS, WHO ARE SONS OF MEMBERS OF THE UNIFORMED SERVICES, ARE ENTITLED TO TRANSPORTATION ALLOWANCES IN THEIR OWN RIGHT AND, THEREFORE, SUCH CADETS MAY NOT BE REGARDED AS DEPENDENTS FOR TRAVEL PURPOSES INCIDENT TO A PERMANENT CHANGE OF STATION OF THE MEMBER TO ENTITLE THE MEMBER TO REIMBURSEMENT FOR THE CADET'S TRAVEL WHEN THE PERMANENT CHANGE OF STATION IS MADE AFTER THE SON ENTERED THE ACADEMY.

TO THE SECRETARY OF THE ARMY, MAY 19, 1960:

REFERENCE IS MADE TO A LETTER DATED APRIL 4, 1960, FROM THE ASSISTANT SECRETARY OF THE ARMY ( MANPOWER, PERSONNEL AND RESERVE FORCES) FORWARDED HERE BY LETTER DATED APRIL 7, 1960, FROM THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (ASSIGNED PDTATAC CONTROL NO. 60-12 BY THE COMMITTEE), REQUESTING DECISION AS TO WHETHER UNITED STATES MILITARY ACADEMY CADETS MAY BE VIEWED AS DEPENDENTS FOR TRAVEL PURPOSES INCIDENT TO A PERMANENT CHANGE OF STATION OF A MEMBER OF THE UNIFORMED SERVICES.

IT IS REPORTED THAT MANY OF THE CADETS ARE SONS OF MEMBERS OF THE UNIFORMED SERVICES AND THAT THE LATTER ARE REQUIRED BY THE GOVERNMENT TO MAKE PERIODIC PERMANENT CHANGES OF STATION, AFTER THE ENTRY OF THEIR SONS INTO THE ACADEMY. IN SUCH A CASE, INQUIRY IS MADE AS TO WHETHER THE GOVERNMENT MAY BEAR THE CADET-SON'S TRANSPORTATION COSTS FOR THE GOING TRIP FROM THE MILITARY ACADEMY TO THE NEW STATION, AS IT IS STATED, THE GOVERNMENT DOES FOR SIMILAR TRAVEL WHEN PERFORMED BY OTHER DEPENDENT CADET -SONS AND STUDENTS WHO ARE ATTENDING CIVILIAN EDUCATIONAL INSTITUTIONS.

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, BARS TRANSPORTATION OF A DEPENDENT AT GOVERNMENT EXPENSE WHEN THE DEPENDENT IS A MEMBER OF THE UNIFORMED SERVICES ON ACTIVE DUTY ON THE EFFECTIVE DATE OF ORDERS, AND PARAGRAPH 7000-11 PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION IS NOT AUTHORIZED FOR DEPENDENTS RECEIVING ANY OTHER TYPE OF TRAVEL ALLOWANCE FROM THE GOVERNMENT IN THEIR OWN RIGHT. WHILE THE DEFINITION OF A MEMBER IN PARAGRAPH 1150-1 OF SUCH REGULATIONS DOES NOT INCLUDE A CADET, 19 U.S.C. 3075 (B) (2) PROVIDES THAT THE REGULAR ARMY INCLUDES CADETS. PARAGRAPHS 5000-2 AND 5000-3 OF THE REGULATIONS AUTHORIZE PAYMENT OF TRAVEL ALLOWANCES TO MEMBERS OF THE SERVICE ACADEMIES UPON GRADUATION AND COMMISSION AND UPON SEPARATION OTHER THAN BY COMMISSION, AND SECTION 508 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 308, PROVIDES THAT CADETS ARE ENTITLED TO TRANSPORTATION INCLUDING REIMBURSEMENT OF TRAVELING EXPENSES, WHILE TRAVELING UNDER ORDERS. SINCE, UNDER THE LAST CITED PROVISIONS OF LAW AND REGULATIONS, A UNITED STATES MILITARY ACADEMY CADET IS ENTITLED TO TRANSPORTATION ALLOWANCES IN HIS OWN RIGHT UNDER THE CIRCUMSTANCES SET FORTH IN THE REGULATIONS, IT WOULD APPEAR THAT THEY MAY NOT BE CONSIDERED AS DEPENDENTS FOR TRAVEL ALLOWANCE PURPOSES. IN THIS CONNECTION, SEE 6 COMP. GEN. 288, WHEREIN IT WAS HELD, IN PART, QUOTING FROM THE SYLLABUS, AS FOLLOWS:

AN OFFICER OF THE NAVY IS NOT ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES BY REASON OF AN UNMARRIED MINOR SON WHO IS ATTENDING THE UNITED STATES NAVAL ACADEMY WHERE ALL NECESSARY QUARTERS AND SUBSISTENCE ARE FURNISHED BY THE UNITED STATES.

A CADET IS REQUIRED TO SIGN AN AGREEMENT THAT HE WILL COMPLETE THE FULL FOUR-YEAR COURSE OF INSTRUCTION AT THE ACADEMY. HIS POST OF DUTY WILL REMAIN THE SAME DURING THAT TIME. IF HE SHOULD DECIDE TO TRAVEL TO HIS HOME TO VISIT WITH HIS PARENTS, DURING A PERIOD OF LEAVE, SUCH TRAVEL WOULD BE AT PERSONAL EXPENSE AND NO RIGHTS WOULD ACCRUE TO HIS FATHER IN CONNECTION WITH SUCH TRAVEL IF THE LATTER WAS A MEMBER OF THE UNIFORMED SERVICES WHO HAD RECEIVED A PERMANENT CHANGE OF STATION AFTER HIS SON ENTERED THE ACADEMY.