B-144372, JAN. 10, 1961

B-144372: Jan 10, 1961

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER OF OCTOBER 26. HE WAS DETACHED FROM THE SCHOOL ON JUNE 20. HE WAS INFORMED THAT EFFECTIVE JULY 1. AT WHICH POINT THEY WERE FURNISHED TRANSPORTATION TO ROOSEVELT ROADS. THE MEMBER WAS REIMBURSED $173.88 (VOUCHER 1168. WHICH PROVIDE THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION ARE CHANGED PRIOR TO THE EFFECTIVE DATE OF ORDERS AND A NEW 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. PARAGRAPH 7004-2 FURTHER PROVIDES THAT LEAVE OR DELAY IN A MATTER OF PERSONAL CONVENIENCE AND ANY TRAVEL PERFORMED PRIOR TO EXPIRATION THEREOF IS AT THE RISK OF THE DEPENDENTS SHOULD THE ORDERS BE CHANGED IN ANY WAY THAT WOULD AFFECT THE AUTHORIZED TRAVEL UNDER THE ORIGINAL ORDERS.

B-144372, JAN. 10, 1961

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF OCTOBER 26, 1960, FROM THE ASSISTANT SECRETARY OF THE NAVY (PERSONNEL AND RESERVE FORCE), PDTATAC CONTROL NO. 60-37, RELATIVE TO NOTICE OF EXCEPTION TO A PORTION OF THE AMOUNT PAID TO WARREN V. FLOTE, 283 51 54, TM1, U.S. NAVY, AS REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION ORDERS TO THE U.S. NAVAL GUIDED MISSILE UNIT NO. 51.

ORDERS DATED MARCH 28, 1958, TRANSFERRED THE MEMBER ON APRIL 1, 1958, FROM DUTY AT U.S. NAVAL STATION, PENSACOLA, FLORIDA, TO NAVAL GUIDED MISSILES SCHOOL, DAM NECK, VIRGINIA, FOR 12 WEEKS' TEMPORARY DUTY UNDER INSTRUCTION AND FOR FURTHER ASSIGNMENT. BY ORDERS DATED JUNE 19, 1958, HE WAS DETACHED FROM THE SCHOOL ON JUNE 20, 1958, AUTHORIZED 30 DAYS' DELAY CHARGEABLE AS LEAVE, AND DIRECTED TO REPORT NOT LATER THAN JULY 21, 1958, TO THE OFFICER IN CHARGE, U.S. NAVAL GUIDED MISSILE UNIT NO. 51, YORKTOWN, VIRGINIA, FOR DUTY. WHILE ON LEAVE, THE MEMBER MOVED HIS DEPENDENTS FROM WARRINGTON, FLORIDA, TO NEWPORT NEWS, VIRGINIA, JULY 12 TO 14, 1958, APPARENTLY WITH THE INTENT OF ESTABLISHING A RESIDENCE NEAR HIS NEW STATION.

FLOTO REPORTED TO THE OFFICER IN CHARGE, U.S. NAVAL GUIDED MISSILE UNIT NO. 51 AT YORKTOWN ON JULY 21, 1958, IN ACCORDANCE WITH HIS ORDERS. THE FOLLOWING DAY, JULY 22, 1958, HE WAS INFORMED THAT EFFECTIVE JULY 1, 1958, THE PERMANENT STATION OF THAT UNIT HAD BEEN CHANGED TO ROOSEVELT ROADS, PUERTO RICO. ON OR ABOUT SEPTEMBER 5, 1958, THE MEMBER PROCEEDED TO ROOSEVELT ROADS WITH THE UNIT, AND ON OCTOBER 9, 1958, HIS DEPENDENTS TRAVELED FROM NEWPORT NEWS TO CHARLESTON, SOUTH CAROLINA, AT WHICH POINT THEY WERE FURNISHED TRANSPORTATION TO ROOSEVELT ROADS. THE MEMBER WAS REIMBURSED $173.88 (VOUCHER 1168, NOVEMBER 1958 ACCOUNTS OF T. MALDONADO, SYMBOL A-5760) FOR TRAVEL OF HIS DEPENDENTS FROM PENSACOLA, FLORIDA, TO NEWPORT NEWS, VIRGINIA, AND THENCE TO CHARLESTON, SOUTH CAROLINA.

UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNT WE TOOK EXCEPTION IN THE AMOUNT OF $98.16, REPRESENTING PAYMENT FOR TRAVEL FOR A GREATER DISTANCE THAN FROM PENSACOLA, FLORIDA (OLD PERMANENT STATION), TO CHARLESTON, SOUTH CAROLINA (PORT OF EMBARKATION FOR NEW PERMANENT STATION), CITING PARAGRAPH 7050 OF THE JOINT TRAVEL REGULATIONS AND PARAGRAPH 7004-2, NAVY TRAVEL INSTRUCTIONS, WHICH PROVIDE THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION ARE CHANGED PRIOR TO THE EFFECTIVE DATE OF ORDERS AND A NEW 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. PARAGRAPH 7004-2 FURTHER PROVIDES THAT LEAVE OR DELAY IN A MATTER OF PERSONAL CONVENIENCE AND ANY TRAVEL PERFORMED PRIOR TO EXPIRATION THEREOF IS AT THE RISK OF THE DEPENDENTS SHOULD THE ORDERS BE CHANGED IN ANY WAY THAT WOULD AFFECT THE AUTHORIZED TRAVEL UNDER THE ORIGINAL ORDERS. ACTUAL RECEIPT BY THE MEMBER OF NEW ORDERS OR AMENDATORY ORDERS IS NOT SPECIFIED AS A CONDITION TO THE LIMITATION.

THE ASSISTANT SECRETARY POINTS OUT THAT THE ORDERS DIRECTING FLOTO'S CHANGE OF STATION WERE NOT CHANGED. HE SAYS THAT FLOTO WAS UNDER ORDERS TO AND DID REPORT TO YORKTOWN, VIRGINIA, AS A PERMANENT CHANGE OF STATION AND THAT HE MOVED HIS DEPENDENTS WITH THE INTENT OF ESTABLISHING A RESIDENCE, HAVING NO KNOWLEDGE OF THE CHANGE OF LOCATION OF HIS PERMANENT STATION. THE ASSISTANT SECRETARY CONTENDS THAT THE CHANGE OF THE PERMANENT STATION OF A MOBILE UNIT WHICH OCCURS WITHOUT THE MEMBER'S KNOWLEDGE SHOULD NOT BE CONSIDERED TO BE A CHANGE IN HIS OWN ORDERS SO AS TO IMPOSE A LIMITATION ON THE TRAVEL OF DEPENDENTS. HE MENTIONS THAT UNDER OTHER PROVISIONS RELATING TO TRAVEL OF DEPENDENTS, NOTABLY PARAGRAPHS 7051, 7052, 7055 AND 7056 OF THE JOINT TRAVEL REGULATIONS AND PARAGRAPH 7060 OF NAVY TRAVEL INSTRUCTIONS, ACTUAL RECEIPT BY THE MEMBER OF ORDERS OR CHANGED ORDERS IS A CONDITION TO LIMITATION OF TRAVEL. VIEW OF THE APPARENT DISCREPANCY IN THE REGULATIONS ON WHICH THE NOTICE OF EXCEPTION IS BASED, THE ASSISTANT SECRETARY REQUESTS REMOVAL OF THE EXCEPTION IN THIS AND SIMILAR CASES INVOLVING CHANGES OF PERMANENT STATIONS, HOME PORTS OR HOME YARDS, WHICH WERE PROMULGATED OR OCCURRED WITHOUT THE INDIVIDUAL MEMBER'S KNOWLEDGE.

THE RECORD SHOWS THAT BY SPEEDLETTER DATED MAY 12, 1958, THE CHIEF OF NAVAL OPERATIONS ADVISED THE COMMANDER IN CHIEF, U.S. ATLANTIC FLEET, OF A CHANGE IN PERMANENT DUTY STATION FROM YORKTOWN, VIRGINIA, TO ROOSEVELT ROADS, PUERTO RICO, FOR GUIDED MISSILE UNIT NO. 51, EFFECTIVE JULY 1, 1958, WITH THE FURTHER ADVICE THAT THE ATTENTION OF PERSONNEL CONCERNED SHOULD BE DIRECTED TO PARAGRAPH 7004, U.S. NAVY TRAVEL INSTRUCTIONS. COPIES OF THAT LETTER WERE FURNISHED THE COMMANDING OFFICERS OF VARIOUS NAVAL ACTIVITIES INCLUDING THE MINE DEPOT AT YORKTOWN, AND THE NAVAL STATION AT ROOSEVELT ROADS. THE NOTICE, HOWEVER, WAS NOT ADDRESSED TO THE MEMBER HERE INVOLVED AND IT SEEMS CLEAR THAT NO NOTICE WAS FURNISHED HIM UNTIL AFTER HE REPORTED TO THE UNIT AT YORKTOWN ON JULY 21, 1958, IN COMPLIANCE WITH THE ORDERS OF JUNE 19, 1958. AT THAT TIME SUBSTANTIALLY THE ENTIRE COMPLEMENT OF THE UNIT, EXCEPT FOR CERTAIN MEMBERS WHO, IT IS UNDERSTOOD, WERE ON TEMPORARY DUTY AT ROOSEVELT ROADS, WAS AT YORKTOWN AND DID NOT ACTUALLY MOVE TO THE NEW STATION UNTIL MORE THAN A MONTH THEREAFTER. THE NAVAL UNIT HERE INVOLVED APPEARS TO BE ESSENTIALLY A SHORE-BASED ORGANIZATION AND WE BELIEVE ITS RELOCATION SHOULD BE VIEWED AS ANALOGOUS TO THE RELOCATION OF AN ARMY UNIT, GENERALLY EFFECTIVE FOR PURPOSES OF TRAVEL OF DEPENDENTS AND TRANSPORTATION OF HOUSEHOLD EFFECTS AT THE TIME OF THE TRANSFER OF THE UNIT PERSONNEL, RATHER THAN AS ANALOGOUS TO THE CHANGE IN HOME YARD OR HOME PORT OF A VESSEL FOR SUCH PURPOSES. IN THOSE CIRCUMSTANCES IT REASONABLY MAY BE CONCLUDED THAT SO FAR AS THE DEPENDENT AND HOUSEHOLD EFFECTS TRAVEL AND TRANSPORTATION RIGHTS OF FLOTO ARE CONCERNED, THE PERMANENT CHANGE OF STATION DID NOT OCCUR UNTIL THE UNIT ACTUALLY WAS MOVED. THUS, IN OUR VIEW FLOTO'S CHANGE OF STATION INCIDENT TO THE RELOCATION OF THE UNIT DID NOT BECOME EFFECTIVE UNTIL AFTER HE WAS REQUIRED TO AND DID REPORT AT YORKTOWN UNDER HIS INDIVIDUAL ORDERS AND, HAVING NO NOTICE OF THE ORDERS RELOCATING THE UNIT UNTIL AFTER HE WAS REQUIRED TO COMPLY WITH HIS INDIVIDUAL ORDERS, PARAGRAPH 7050 OF THE JOINT TRAVEL REGULATIONS IS NOT FOR APPLICATION IN HIS CASE.

SINCE THE TRAVEL HERE INVOLVED WAS NOT LIMITED BY PARAGRAPH 7050 OF THE JOINT TRAVEL REGULATIONS, THE EXCEPTION TAKEN IN THIS CASE AND ANY EXCEPTIONS TAKEN IN LIKE CASES WILL BE REMOVED.