B-143964, OCT. 3, 1960

B-143964, OCT. 3, 1960

TO CAPTAIN GEORGE W. LECHNER, MC, UNITED STATES ARMY MEDICAL SERVICE GROUP:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 25, 1960, REQUESTING REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION, DATED JANUARY 12, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM DETROIT, MICHIGAN, TO SAN FRANCISCO, CALIFORNIA, DURING THE PERIOD JULY 10 TO NOVEMBER 18, 1958.

BY ORDERS DATED MARCH 31, 1958, YOU WERE ORDERED TO ACTIVE DUTY EFFECTIVE AUGUST 16, 1958, AND DIRECTED TO PROCEED TO AND REPORT AT FORT SAM HOUSTON, TEXAS, NOT LATER THAN AUGUST 20, 1958, FOR TEMPORARY DUTY PENDING FURTHER ORDERS. THE ORDERS STATED THAT YOU WOULD PROCEED FROM EITHER YOUR HOME, SHOWN AS ALBUQUERQUE, NEW MEXICO, OR YOUR TEMPORARY ADDRESS, SHOWN AS DETROIT, MICHIGAN, AND THAT YOU WOULD BE DETACHED FROM YOUR RESERVE UNIT ON THE DAY PRECEDING THE EFFECTIVE DATE OF ACTIVE DUTY. ORDERS DATED SEPTEMBER 17, 1958, TRANSFERRED YOU, UPON COMPLETION OF TEMPORARY DUTY, FROM FORT SAM HOUSTON, TEXAS, TO OAKLAND, CALIFORNIA, FOR FURTHER ASSIGNMENT OVERSEAS.

ON NOVEMBER 3, 1958, YOUR DEPENDENTS WERE AUTHORIZED, UPON CALL OF THE ARMY TERMINAL COMMANDER, TO PROCEED FROM LODI, CALIFORNIA, TO THE PLACE DESIGNATED IN THE PORT CALL FOR MOVEMENT TO OKINAWA. YOU WERE REIMBURSED FOR THEIR TRAVEL FROM LODI, CALIFORNIA, TO SAN FRANCISCO, CALIFORNIA, INCIDENT TO THE ORDERS OF SEPTEMBER 17, 1958, ASSIGNING YOU TO A PERMANENT STATION. IN PRESENTING YOUR CLAIM FOR REIMBURSEMENT BASED ON TRAVEL FROM DETROIT TO SAN FRANCISO, LESS THE AMOUNT PAID, YOU STATED THAT YOUR DEPENDENTS DEPARTED DETROIT ON JULY 10, 1958; THAT THEY ARRIVED IN LODI ON AUGUST 11, 1958, AND THAT THEY REMAINED THERE UNTIL NOVEMBER 18, 1958, EXCEPT FOR THE PERIOD SEPTEMBER 26 TO OCTOBER 4, 1958, WHEN THEY WERE AT SAN ANTONIO, TEXAS. YOUR CLAIM WAS DENIED BY THE DEPARTMENT OF THE ARMY FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO PERMANENT CHANGE OF STATION ORDERS. IT WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE SAME REASON.

IN YOUR PRESENT LETTER YOU ACKNOWLEDGE THAT THE TRAVEL WAS PRIOR TO PERMANENT CHANGE OF STATION ORDERS; HOWEVER, YOU EXPRESS THE BELIEF THAT PAYMENT IS AUTHORIZED UNDER PARAGRAPH 9-24A, ARMY REGULATIONS 37 106, FOR THE REASON THAT THE ORDERS OF MARCH 31, 1958,DETACHED YOU FROM YOUR RESERVE UNIT. ALSO, YOU REQUEST THAT PAYMENT OF YOUR CLAIM BE MADE UNDER THE PROVISION OF LAW WHEREIN THE SECRETARY OF THE ARMY MAY AUTHORIZE REIMBURSEMENT FOR TRAVEL OF DEPENDENTS UNDER UNUSUAL CIRCUMSTANCES.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION, INCLUDING THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME. PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS PROHIBITS, GENERALLY, TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE PRIOR TO PERMANENT CHANGE OF STATION ORDERS. PARAGRAPH 7007 OF THOSE REGULATIONS PROVIDES THAT WHEN A MEMBER IS ASSIGNED TO TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION UNDER ORDERS WHICH DO NOT PROVIDE FOR RETURN TO HIS PERMANENT STATION, OR DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM THE PERMANENT STATION, TRANSPORTATION OF DEPENDENTS MAY BE INITIATED AT GOVERNMENT EXPENSE AS FOR A PERMANENT CHANGE OF STATION. A SIMILAR PROVISION IS CONTAINED IN PARAGRAPH 9-24A OF ARMY REGULATIONS 37-106. HOWEVER, SUCH PROVISIONS ARE FOR APPLICATION WHEN A MEMBER ON ACTIVE DUTY IS DETACHED FROM A PERMANENT DUTY STATION. THEY ARE NOT FOR APPLICATION WHERE A MEMBER IS ORDERED TO ACTIVE DUTY FROM HIS HOME OR TEMPORARY ADDRESS AND ASSIGNED TO A TEMPORARY STATION. WHILE ORDERS TO ACTIVE DUTY MAY INVOLVE DETACHMENT FROM A RESERVE UNIT, SUCH DETACHMENT DOES NOT RESULT IN ENTITLEMENT TO REIMBURSEMENT FOR TRAVEL OF DEPENDENTS. SINCE YOUR DEPENDENTS HAD TRAVELED FROM DETROIT, MICHIGAN, TO LODI, CALIFORNIA, AND WERE IN THAT CITY WHEN THE ORDERS ASSIGNING YOU TO A PERMANENT STATION WERE ISSUED, THE ONLY LAND TRAVEL REQUIRED OR AUTHORIZED INCIDENT TO THE LATTER ORDERS WAS FROM LODI TO SAN FRANCISCO, CALIFORNIA.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, FURTHER PROVIDES THAT WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED, OR WHEN SUCH ORDERS HAVE BEEN ISSUED BUT ARE OF SUCH A NATURE THAT THEY CANNOT BE USED AS AUTHORITY FOR TRANSPORTATION OF DEPENDENTS, THE SECRETARY CONCERNED MAY, NEVERTHELESS, AUTHORIZE THE MOVEMENT OF DEPENDENTS AND PRESCRIBE TRANSPORTATION IN KIND OR REIMBURSEMENT ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO (1) CIRCUMSTANCES WHEN DUTY IS BEING PERFORMED BY SUCH MEMBER AT PLACES DESIGNATED BY THE SECRETARY CONCERNED AS WITHIN ZONES FROM WHICH DEPENDENTS SHOULD BE EVACUATED, (2) CIRCUMSTANCES WHEN ORDERS WHICH DIRECT TEMPORARY DUTY TRAVEL OF SUCH MEMBER DO NOT PROVIDE FOR RETURN TO THE PERMANENT STATION OR DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM THE PERMANENT STATION, OR (3)CIRCUMSTANCES WHEN SUCH MEMBERS ARE SERVING ON PERMANENT DUTY AT STATIONS OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, OR ON SEA DUTY. APPARENTLY, ON THE BASIS THAT NONE OF THOSE CIRCUMSTANCES IS APPLICABLE TO YOUR CLAIM, THE DEPARTMENT OF THE ARMY DID NOT REFER IT TO THE SECRETARY BUT, INSTEAD, FORWARDED IT TO THIS OFFICE FOR SETTLEMENT.

WE FIND NO BASIS UNDER THE LAW AND REGULATIONS FOR THE PAYMENT OF YOUR CLAIM AND, ACCORDINGLY, THE SETTLEMENT OF JANUARY 12, 1960, IS SUSTAINED.