B-144000, NOV. 10, 1960

B-144000: Nov 10, 1960

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JR.: REFERENCE IS MADE TO YOUR COMMUNICATION POSTMARKED AUGUST 26. YOU WERE RELIEVED FROM YOUR DUTY STATION AT WEST POINT. YOU WERE PAID THE SUM OF $142.02 ON D.O. WAS DISALLOWED BY THE SETTLEMENT OF AUGUST 16. FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS DO NOT AUTHORIZE REIMBURSEMENT FOR TRAVEL OF DEPENDENTS TO A TEMPORARY DUTY STATION WHEN THE DUTY IS OF LESS THAN 20 WEEKS' DURATION. THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. YOU WERE ENTITLED TO TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF PARAGRAPH 7000 OF THOSE REGULATIONS FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED BY THE REGULATIONS.

B-144000, NOV. 10, 1960

TO LIEUTENANT COLONEL WILLIAM E. STOCK, JR.:

REFERENCE IS MADE TO YOUR COMMUNICATION POSTMARKED AUGUST 26, 1960, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 16, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENT'S TRAVEL FROM WEST POINT, NEW YORK, TO FORT LEAVENWORTH, KANSAS, AND FROM THERE TO LANDSTUHL, GERMANY, DURING THE PERIOD JANUARY 1 TO MAY 18, 1960.

BY MESSAGE NO. R 141816Z, FROM THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., YOU WERE RELIEVED FROM YOUR DUTY STATION AT WEST POINT, NEW YORK, AND DIRECTED TO PROCEED TO FORT DIX, NEW JERSEY, FOR TRANSPORTATION OVERSEAS TO DUTY IN GERMANY, WITH APPROXIMATELY 16 WEEKS' TEMPORARY DUTY EN ROUTE AT FORT LEAVENWORTH, KANSAS, REPORTING THERE NOT LATER THAN JANUARY 7, 1960, FOR A COURSE OF INSTRUCTION. ON JANUARY 1, 1960, YOU AND YOUR FAMILY DEPARTED FROM WEST POINT AND ARRIVED AT FORT LEAVENWORTH ON JANUARY 6, 1960. YOU DEPARTED FROM THERE ON MAY 5, 1960, AND TRAVELED TO NEW YORK, NEW YORK, WHERE YOU OBTAINED TRANSPORTATION OVERSEAS ABOARD THE S.S. UNITED STATES. YOU WERE PAID THE SUM OF $142.02 ON D.O. VOUCHER NO. 58666 IN THE MAY 1960 ACCOUNTS OF LIEUTENANT M. GELDENS, SYMBOL NO. 6499, APO 180, NEW YORK, NEW YORK, REPRESENTING DISLOCATION ALLOWANCE IN THE AMOUNT OF $136.80 AND MILEAGE IN THE AMOUNT OF $5.22 FOR YOUR DEPENDENTS' TRAVEL BETWEEN WEST POINT AND NEW YORK CITY, A DISTANCE OF 58 MILES, AT 9 CENTS A MILE. YOUR CLAIM FOR ADDITIONAL MILEAGE BASED ON THE DISTANCE YOUR DEPENDENTS TRAVELED FROM WEST POINT TO FORT LEAVENWORTH AND FROM THERE TO NEW YORK, NEW YORK, WAS DISALLOWED BY THE SETTLEMENT OF AUGUST 16, 1960, FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS DO NOT AUTHORIZE REIMBURSEMENT FOR TRAVEL OF DEPENDENTS TO A TEMPORARY DUTY STATION WHEN THE DUTY IS OF LESS THAN 20 WEEKS' DURATION. IN YOUR PRESENT LETTER YOU SAY THAT YOU HAD TO TAKE YOUR FAMILY WITH YOU TO LEAVENWORTH BECAUSE YOU HAD TO VACATE YOUR QUARTERS AT WEST POINT AND, THEREFORE, YOU CONTEND THAT YOU SHOULD BE ALLOWED REIMBURSEMENT FOR THEIR TRAVEL EXPENSES.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C). YOU WERE ENTITLED TO TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF PARAGRAPH 7000 OF THOSE REGULATIONS FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED BY THE REGULATIONS. SUBPARAGRAPH 7000-3 EXPRESSLY EXCEPTS FROM THAT AUTHORITY TRAVEL OF DEPENDENTS INCIDENT TO THE MEMBER'S ASSIGNMENT TO A SCHOOL OR AN INSTALLATION AS A STUDENT FOR A COURSE OF INSTRUCTION, IF THE COURSE IS TO BE FOR LESS THAN 20 WEEKS' DURATION. THEREFORE, SINCE THE COURSE OF INSTRUCTION TO WHICH YOU WERE ASSIGNED UNDER YOUR PERMANENT CHANGE OF STATION ORDERS WAS FOR A PERIOD OF 16 WEEKS ONLY, IT MUST BE CONCLUDED THAT YOU ARE LIMITED TO TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE ON THE BASIS OF ENTITLEMENT ONLY FROM THE OLD STATION AT WEST POINT TO THE NEW PERMANENT DUTY STATION, ON WHICH BASIS YOU WERE PAID.

CONCERNING YOUR CONTENTION THAT IT IS UNFAIR TO DISALLOW YOUR CLAIM FOR YOUR DEPENDENTS' TRAVEL TO FORT LEAVENWORTH AND THENCE TO NEW YORK CITY BECAUSE YOUR FAMILY HAD TO VACATE THEIR GOVERNMENT QUARTERS AT WEST POINT, IT MAY BE NOTED THAT YOU PRESUMABLY WERE CREDITED WITH APPROPRIATE QUARTERS ALLOWANCES IN LIEU OF SUCH QUARTERS AFTER YOU VACATED THE GOVERNMENT QUARTERS, AND WITH A TRAVEL PER DIEM DURING THE PERIOD OF YOUR TEMPORARY DUTY ASSIGNMENT. SUCH ALLOWANCES ARE DESIGNED TO COMPENSATE YOU FOR ANY ADDITIONAL EXPENSES RESULTING FROM YOUR NONOCCUPANCY OF GOVERNMENT QUARTERS AND YOUR TEMPORARY DUTY TRAVEL STATUS.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 16, 1960, IS CORRECT AND IS SUSTAINED.