B-14547L, AUG 4, 1964

B-14547L, AUG 4, 1964

PRECIS-UNAVAILABLE

MR. SECRETARY:

FURTHER REFERENCE IS MADE TO LETTER OF APRIL 3, 1964, FROM THE UNDER SECRETARY OF THE NAVY, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (PDTATAC CONTROL NO. 64-10), REQUESTING AN ADVANCE DECISION ON CERTAIN QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH A PROPOSED REVISION OF CHAPTERS 7 AND 8, JOINT TRAVEL REGULATIONS, PRESCRIBING ENTITLEMENTS TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS AND STORAGE IN ACCORDANCE WITH 50 U.S.C. APP. 1012 AND 37 U.S.C. 406.

IT IS STATED THAT SINCE PUBLIC LAW 85-217 OF AUGUST 29, 1957, 71 STAT. 491-494, AMENDED AND MADE PERMANENT THE MISSING PERSONS ACT, AS AMENDED, 50 U.S.C. APP 1001-1018, THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE HAS BEEN CONCERNED WITH THE ISSUANCE OF REGULATIONS COMBINING AND CONSOLIDATING THE ENTITLEMENT FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IN ACCORDANCE WITH 50 U.S.C. 1012 AND 37 U.S.C. 406, WITH PARTICULAR EMPHASIS ON TRANSPORTATION ENTITLEMENTS IN CASES OF MEMBERS OFFICIALLY REPORTED AS DEAD, INJURED, MISSING, INTERNED, OR CAPTURED AS REFERRED TO IN THE MISSING PERSONS ACT, AS AMENDED, AND MEMBERS WHO DIE WHILE ENTITLED TO BASIC PAY AS REFERRED TO IN 37 U.S.C. 406(F). IT IS ALSO STATED THAT THE ELIMINATION OF CONFUSION AND MAINTENANCE OF UNIFORMITY AMONG MEMBERS OF THE UNIFORMED SERVICES ARE THE PRIMARY MOTIVATING FACTORS IMPELLING THIS DRIVE TO INCLUDE REGULATIONS ON BOTH OF THESE AREAS IN THE JOINT TRAVEL REGULATIONS. THERE WAS ATTACHED TO THE LETTER OF APRIL 3, 1964, FROM THE UNDER SECRETARY OF THE NAVY, A COPY OF THE FOLLOWING PROPOSED CHANGES TO THE JOINT TRAVEL REGULATIONS:

"PAR. 7010 RESCINDED

"PAR. 7013 AMENDED

"7013 DEPENDENTS EN ROUTE TO NEW DUTY STATION AT TIME OF DEATH OF MEMBER

"WHEN A MEMBER DIES SUBSEQUENT TO THE EFFECTIVE DATE OF PERMANENT CHANGE- OF-STATION ORDERS, HIS DEPENDENTS ARE CONSIDERED TO HAVE PERFORMED AUTHORIZED TRAVEL INCIDENT THERETO FROM THE PLACE TRAVEL COMMENCED TO THE PLACE AT WHICH THEY RECEIVED NOTICE OF MEMBER'S DEATH, NOT TO EXCEED TRAVEL FROM THE OLD TO THE ORDERED NEW STATION. FURTHER TRAVEL OF DEPENDENTS IN SUCH CASES WILL BE GOVERNED BY THE PROVISIONS OF PART D OF THIS CHAPTER.

"PART D, CHAPTER 7, NEW PART ADDED

"PART D: UPON BEING OFFICIALLY REPORTED AS DEAD, INJURED, MISSING, INTERNED, OR CAPTURED, OR UPON DECEASE

"7150 GENERAL

"THE PROVISIONS OF THIS PART ARE APPLICABLE TO DEPENDENTS OF MEMBERS (WITHOUT REGARD TO PAY GRADE) IN ACTIVE SERVICE OTHER THAN FOR TRAINING DUTY WHO ARE OFFICIALLY REPORTED AS DEAD, INJURED, MISSING FOR A PERIOD OF 30 DAYS OR MORE, INTERNED IN A FOREIGN COUNTRY, OR CAPTURED BY A HOSTILE FORCE, (50 U.S.C. APP. 1012), AND TO MEMBERS WHO DIE WHILE ENTITLED TO BASIC PAY, (37 U.S.C. 406(F).

"7151 DEFINITIONS

"1. DEPENDENT. THE TERM 'DEPENDENT,' AS USED IN THIS PART, INCLUDES A LAWFUL WIFE, UNMARRIED CHILD UNDER 21 YEARS OF AGE, DEPENDENT MOTHER, DEPENDENT FATHER, UNMARRIED DEPENDENT STEPCHILD OR ADOPTED CHILD UNDER 21 YEARS OF AGE, OR SUCH DEPENDENT AS HAS BEEN DESIGNATED IN OFFICIAL RECORDS, OR AN INDIVIDUAL DETERMINED TO BE DEPENDENT BY THE HEAD OF THE DEPARTMENT CONCERNED, OR SUBORDINATE DESIGNATED BY HIM.

"2. TRANSPORTATION. THE TERM 'TRANSPORTATION,' AS USED IN THIS PART, INCLUDES TRANSPORTATION IN KIND OR REIMBURSEMENT THEREFOR IN ACCORDANCE WITH PAR. 7002 AND MONETARY ALLOWANCES IN LIEU OF TRANSPORTATION IN ACCORDANCE WITH PAR. 7003.

"3. DIE WHILE ENTITLED TO BASIC PAY. THE TERM 'DIE WHILE ENTITLED TO BASIC PAY,' AS USED IN THIS PART, INCLUDES ALSO DEATH WITHIN 1 YEAR AFTER THE EFFECTIVE DATE OF DISCHARGE, RESIGNATION, RELIEF FROM ACTIVE DUTY, OR OTHER SEPARATION, ALL UNDER HONORABLE CONDITIONS, AND DEATH WITHIN 1 YEAR AFTER THE EFFECTIVE DATE OF RETIREMENT, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, DISCHARGE WITH SEVERANCE PAY, OR INVOLUNTARY RELEASE TO INACTIVE DUTY WITH READJUSTMENT PAY.

"7152 LIMITATIONS

"1. DESTINATION. NO TRANSPORTATION SHALL BE AUTHORIZED OR APPROVED PURSUANT TO THIS PART UPON APPLICATION BY DEPENDENTS UNLESS A REASONABLE RELATIONSHIP EXISTS BETWEEN THE CONDITION AND CIRCUMSTANCES OF THE DEPENDENTS AND THE DESTINATION TO WHICH TRANSPORTATION IS REQUESTED, AS DETERMINED BY THE SERVICE CONCERNED.

"2. ONE MOVE. ONLY ONE MOVEMENT MAY BE AUTHORIZED FOR ANY DEPENDENT IN CONNECTION WITH EACH OFFICIAL STATUS REPORT.

"3. TIME. ENTITLEMENT TO TRANSPORTATION OF A MEMBER'S DEPENDENTS WILL TERMINATE IN ANY CASE IN WHICH THEIR TRAVEL IS NOT COMPLETED WITHIN 1 YEAR AFTER DATE THEY RECEIVE OFFICIAL STATUS REPORT (50 U.S.C. APP. 1012), OR WITHIN 1 YEAR AFTER THE MEMBER DIES WHILE ENTITLED TO BASIC PAY (37 U.S.C. 406(F)) UNLESS AN EXTENSION IS AUTHORIZED OR APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE. NO TRANSPORTATION IS AUTHORIZED UNDER THIS PART WHERE TRAVEL IS DELAYED UNTIL AFTER RECEIPT OF OFFICIAL NOTICE THAT THE MEMBER HAS RETURNED TO AN ACTIVE STATUS.

"7153 WHERE AUTHORIZED

"1. GENERAL. UPON RECEIPT BY HIS DEPENDENT OF OFFICIAL NOTICE THAT THE MEMBER HAS BEEN DETERMINED TO COME WITHIN THE PURVIEW OF PAR. 7150, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO THE MEMBER'S OFFICIAL HOME OF RECORD, TO THE RESIDENCE OF HIS DEPENDENT, OR TO SUCH OTHER LOCATION AS MAY BE DETERMINED IN ADVANCE OR SUBSEQUENTLY APPROVED BY THE OFFICIAL DESIGNATED BY ADMINISTRATIVE REGULATIONS OF THE SERVICE CONCERNED.

"2. CASES INVOLVING HOSPITALIZATION. WHEN A MEMBER IS OFFICIALLY REPORTED AS INJURED, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED ONLY IF THE ANTICIPATED PERIOD OF HOSPITALIZATION OR TREATMENT CAN BE EXPECTED TO BE OF PROLONGED DURATION, AS CERTIFIED BY COMPETENT MEDICAL AUTHORITY, EXCEPT THAT NO CERTIFICATE IS REQUIRED WHEN SUCH MEMBER IS MOVED FROM OVERSEAS, CANADA, ALASKA, OR MEXICO, (PAR. 7004-4).

"3. TERMINATION OF CASUALTY STATUS. WHEN THE CASUALTY STATUS OF A MEMBER IS TERMINATED ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS OF MEMBERS ENTITLED THERETO UNDER PAR. 7000 WILL BE DETERMINED IN ACCORDANCE WITH PARTS A, B, OR C, AS APPLICABLE.

"7154 ADMINISTRATIVE INSTRUCTIONS

"EACH OF THE UNIFORMED SERVICES WILL ISSUE SUCH REGULATIONS OR INSTRUCTIONS AS MAY BE DEEMED NECESSARY FOR THE JUDICIOUS ADMINISTRATION OF THE ENTITLEMENT CONTAINED IN THIS PART.

"PAR. 8254-1 REVISED

"L. GENERAL. THIS PARAGRAPH IS APPLICABLE ONLY TO THOSE MEMBERS FOR WHOM A WEIGHT ALLOWANCE IS PRESCRIBED IN PAR. 8003. FOR INJURED MEMBERS (WITHOUT REGARD TO PAY GRADE), SEE PART G OF THIS CHAPTER. EXCEPT AS PROVIDED IN SUBPAR. 3, ENTITLEMENT TO TRANSPORTATION OF HOUSEHOLD GOODS INCIDENT TO A MEMBER'S HOSPITALIZATION SHALL BE CONTINGENT UPON A STATEMENT BY THE COMMANDING OFFICER OF THE RECEIVING HOSPITAL IN THE UNITED STATES THAT HE HAS EVALUATED THE CASE AND BELIEVES THAT THE PERIOD OF OBSERVATION AND TREATMENT OF THE MEMBER IN THAT HOSPITAL CAN BE EXPECTED TO BE PROLONGED. PERSONAL BAGGAGE, NOT TO EXCEED 200 POUNDS, MAY BE SHIPPED WITH A MEMBER (WITHOUT REGARD TO RANK OR GRADE) TRANSFERRED TO A HOSPITAL. AUTHORIZED BAGGAGE IMPROPERLY SHIPPED OR UNAVOIDABLE SEPARATED FROM A MEMBER WILL BE FORWARDED TO THE PROPER HOSPITAL DESTINATION WHEN, IN THE OPINION OF THE COMMANDING OFFICER AT THE PLACE OF ORIGIN, CIRCUMSTANCES REQUIRE SUCH MODE OF TRANSPORTATION. A STATEMENT OF PROLONGED HOSPITALIZATION IS NOT REQUIRED TO SUPPORT ENTITLEMENT TO TRANSPORTATION OF AUTHORIZED PERSONAL BAGGAGE IN SUCH INSTANCES.

"PAR. 8259 REVISED. NEW SUBPAR. 7 ADDED

"7. MEMBER DIES SUBSEQUENT TO SEPARATION OR RELIEF. IN THE EVENT A MEMBER SPECIFIED UNDER SUBPAR. 1 DIES WITHIN ONE YEAR AFTER SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY BUT PRIOR TO SHIPMENT OF HIS HOUSEHOLD GOODS, SUCH GOODS MAY BE SHIPPED TO THE PLACE OR PLACES SELECTED BY HIS DEPENDENT, NEXT OF KIN, OR OTHER PERSON ENTITLED TO RECEIVE THEM, PROVIDED THE GOODS ARE TURNED OVER FOR SHIPMENT WITHIN ONE YEAR AFTER DATE OF DEATH, AND PROVIDED THAT THE DEPENDENT, NEXT OF KIN, OR OTHER PERSON SHALL BEAR ALL COSTS IN EXCESS OF THE COST OF SHIPMENT IN ONE LOT TO THE PLACE TO WHICH THE MEMBER ELECTED TO RECEIVE TRAVEL ALLOWANCES FOR HIS TRAVEL UNDER THE PROVISIONS OF PAR. 4157.

"PAR. 8260-3 REVISED

"3. STORAGE. A MEMBER WHO IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS TO A HOME OF SELECTION OR TO SOME OTHER PLACE UNDER THE CONDITIONS OUTLINED IN SUBPAR. 1 WILL BE ENTITLED TO NONTEMPORARY STORAGE OF ALL OR ANY PORTION OF SUCH HOUSEHOLD GOODS IN ACCORDANCE WITH PAR. 8101 FOR A PERIOD NOT TO EXCEED 1 YEAR FROM THE DATE OF TERMINATION OF ACTIVE DUTY. TEMPORARY STORAGE IN CONNECTION WITH A SHIPMENT FROM NONTEMPORARY STORAGE TO THE HOME OR OTHER PLACE SELECTED BY THE MEMBER UNDER SUBPAR. 1 IS NOT AUTHORIZED. THAT PORTION (IF ANY) OF A MEMBER'S HOUSEHOLD GOODS WHICH IS NOT PLACED IN NONTEMPORARY STORAGE IN ACCORDANCE WITH THIS SUBPARAGRAPH MAY BE PLACED IN TEMPORARY STORAGE IN ACCORDANCE WITH PAR. 8100 IN CONJUNCTION WITH THE SHIPMENT OF SUCH GOODS TO THE HOME OR OTHER PLACE SELECTED BY THE MEMBER UNDER SUBPAR.

"PAR. 8260-8 NEW SUBPAR. C ADDED

"C. TIME LIMITATION. ENTITLEMENT UNDER THIS PARAGRAPH WILL TERMINATE IN ANY CASE IN WHICH THE HOUSEHOLD GOODS ARE NOT TURNED OVER FOR SHIPMENT WITHIN ONE YEAR AFTER THE DATE OF DEATH OF THE MEMBER.

"PAR. 8309 NEW PAR. ADDED

"8309 CADETS AND MIDSHIPMEN OF SERVICE ACADEMIES

"THE EFFECTS OF CADETS AND MIDSHIPMEN OF THE VARIOUS SERVICE ACADEMIES WHO DIE WHILE ENROLLED IN SUCH SERVICE ACADEMIES MAY BE SHIPPED AT GOVERNMENT EXPENSE TO THE HOME OF THE PERSON LEGALLY ENTITLED THERETO.

"PART G, CHAPTER 8, REVISED IN ITS ENTIRETY

"PART G: UPON BEING OFFICIALLY REPORTED AS DEAD, INJURED, MISSING, INTERNED, OR CAPTURED, OR UPON DECEASE

"8350 GENERAL

"THE PROVISIONS OF THIS PART APPLY TO HOUSEHOLD GOODS AND PERSONAL EFFECTS OF MEMBERS (WITHOUT REGARD TO PAY GRADE) IN ACTIVE SERVICE WHO ARE OFFICIALLY REPORTED AS DEAD, INJURED, MISSING FOR A PERIOD OF 30 DAYS OR MORE, INTERNED IN A FOREIGN COUNTRY OR CAPTURED BY A HOSTILE FORCE (50 U.S.C. APP. 1012), AND TO MEMBERS WHO DIE WHILE ENTITLED TO BASIC PAY (37 U.S.C. 406(F)).

"8351 DEFINITIONS

"1. HOUSEHOLD GOODS AND PERSONAL EFFECTS. THE TERM 'HOUSEHOLD GOODS AND PERSONAL EFFECTS,' AS USED IN THIS PART, INCLUDES HOUSEHOLD GOODS AND PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT AS DEFINED IN PAR. 8000 AND, IN ADDITION, ONE PRIVATELY OWNED MOTOR VEHICLE WHEN SUCH MOTOR VEHICLE IS LOCATED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA OR HAWAII AT THE TIME OF RECEIPT OF THE OFFICIAL STATUS REPORT.

"2. TRANSPORTATION. THE TERM 'TRANSPORTATION,' AS USED IN THIS PART IS AS DEFINED IN PAR. 8000-4.

"3. DIE WHILE ENTITLED TO BASIC PAY. THE TERM 'DIE WHILE ENTITLED TO BASIC PAY,' AS USED IN THIS PART, INCLUDES ALSO DEATH WITHIN 1 YEAR AFTER THE EFFECTIVE DATE OF DISCHARGE, RESIGNATION, RELIEF FROM ACTIVE DUTY, OR OTHER SEPARATION, ALL UNDER HONORABLE CONDITIONS, AND DEATH WITHIN 1 YEAR AFTER THE EFFECTIVE DATE OF RETIREMENT, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, DISCHARGE WITH SEVERANCE PAY, OR INVOLUNTARY RELEASE TO INACTIVE DUTY WITH READJUSTMENT PAY.

"8352 LIMITATIONS

"1. DESTINATION. NO TRANSPORTATION SHALL BE AUTHORIZED PURSUANT TO THIS PART UNLESS A REASONABLE RELATIONSHIP EXISTS BETWEEN THE CONDITION AND CIRCUMSTANCES OF THE APPLICANT AND THE DESTINATION TO WHICH TRANSPORTATION IS REQUESTED.

"2. WEIGHT. THE WEIGHT OF HOUSEHOLD GOODS OF MEMBERS OF THE DEPARTMENT OF DEFENSE WHICH MAY BE MOVED AT GOVERNMENT EXPENSE IS LIMITED TO 11,000 POUNDS NET WEIGHT IN ANY ONE SHIPMENT BY ANNUAL APPROPRIATION ACTS OF THAT DEPARTMENT. TRANSPORTATION OF PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT AND ONE PRIVATELY OWNED MOTOR VEHICLE AUTHORIZED TO BE MOVED UNDER THIS PART IS IN ADDITION TO SUCH AUTHORIZED WEIGHT ALLOWANCE.

"3. ONE MOVE. ONLY ONE MOVEMENT OF THE SAME HOUSEHOLD GOODS MAY BE AUTHORIZED IN CONNECTION WITH EACH OFFICIAL STATUS REPORT.

"4.TIME. ENTITLEMENT TO SHIPMENT UNDER THIS PART WILL TERMINATE IN ANY CASE WHERE HOUSEHOLD GOODS ARE NOT TURNED OVER TO A TRANSPORTATION OFFICER OR TO A CARRIER FOR SHIPMENT WITHIN 1 YEAR FROM THE DATE OF OFFICIAL REPORT OF DEATH, INJURY, MISSING, INTERNMENT, OR CAPTURE, OR WITHIN 1 YEAR AFTER THE MEMBER DIES WHILE ENTITLED TO BASIC PAY, UNLESS AN EXTENSION IS AUTHORIZED OR APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE. IF THE ESTATE OF THE DECEDENT BECOMES THE SUBJECT OF LITIGATION DURING THE AUTHORIZED TIME LIMIT, SHIPMENT OF SUCH GOODS MAY BE MADE WITHIN 1 YEAR FROM THE DATE OF THE FINAL DECREE OF THE COURT PROVIDED THAT THE APPLICATION FOR SHIPMENT IS SUPPORTED BY CERTIFIED COPIES OF THE DECREE WHICH ESTABLISHES THE APPLICANT'S RIGHT TO POSSESSION OF THE GOODS. SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF MEMBERS REPORTED INJURED WILL BE GOVERNED BY THE PROVISIONS OF PARS. 8254 AND 8353 -2. "8353 WHEN AUTHORIZED

"1. GENERAL. UPON RECEIPT OF NOTICE THAT THE MEMBER HAS BEEN DETERMINED TO COME WITHIN THE PURVIEW OF PAR. 8350, TRANSPORTATION OF HOUSEHOLD GOODS IS AUTHORIZED TO THE MEMBER'S OFFICIAL RESIDENCE OF RECORD OR TO THE RESIDENCE OF HIS DEPENDENT, NEXT OF KIN, OR OTHER PERSON ENTITLED TO RECEIVE CUSTODY OF THE HOUSEHOLD GOODS. SUBJECT TO THE PROVISIONS OF PAR. 8352, SPECIAL ROUTING AND SERVICES ARE AUTHORIZED IN ACCORDANCE WITH PAR. 8009 WHEN DESIRED BY THE MEMBER (IF INJURED), HIS DEPENDENT, NEXT OF KIN, OR OTHER PERSON ENTITLED TO RECEIVE CUSTODY OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS. "2. CASES INVOLVING HOSPITALIZATION. WHEN A MEMBER IS OFFICIALLY REPORTED AS INJURED, TRANSPORTATION OF HOUSEHOLD GOODS IS AUTHORIZED ONLY IF THE ANTICIPATED PERIOD OF HOSPITALIZATION OR TREATMENT IS EXPECTED TO BE OF PROLONGED DURATION, AS CERTIFIED BY COMPETENT MEDICAL AUTHORITY, EXCEPT THAT NO CERTIFICATE IS REQUIRED WHEN SUCH MEMBER IS MOVED FROM OVERSEAS, CANADA, ALASKA, OR MEXICO TO A HOSPITAL IN THE UNITED STATES.

"8354 STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS PENDING DISPOSITION

"THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE MAY AUTHORIZE STORAGE OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF MEMBERS REFERRED TO IN PAR. 8350 UNTIL SUCH TIME AS PROPER DISPOSITION THEREOF CAN BE MADE; PROVIDED, THAT HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT TURNED OVER FOR SHIPMENT WITHIN THE TIME LIMITS SPECIFIED IN PAR. 8352 -4 WILL THEREAFTER BE STORED AT THE EXPENSE OF THE MEMBER, HIS DEPENDENT, NEXT OF KIN, OR OTHER PERSON ENTITLED TO RECEIVE SUCH GOODS AND EFFECTS.

"8355 TERMINATION OF CASUALTY STATUS

"WHEN THE CASUALTY STATUS OF A MEMBER IS TERMINATED ENTITLEMENT TO TRANSPORTATION OF HOUSEHOLD GOODS OF MEMBERS ENTITLED THERETO UNDER PAR. 8003 WILL BE DETERMINED IN ACCORDANCE WITH PARTS A THROUGH F, AS APPLICABLE.

"8356 APPROPRIATION CHARGEABLE

"THE COST OF STORAGE AND TRANSPORTATION AUTHORIZED BY THIS PART, INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, UNCRATING AND UNPACKING, SHALL BE CHARGED AGAINST APPROPRIATIONS CURRENTLY AVAILABLE.

"8357 ADMINISTRATIVE INSTRUCTIONS

"EACH OF THE UNIFORMED SERVICES WILL ISSUE SUCH REGULATIONS OR INSTRUCTIONS AS MAY BE DEEMED NECESSARY FOR THE JUDICIOUS ADMINISTRATION OF THE ENTITLEMENTS CONTAINED IN THIS PART.

"8358 MEMBERS DIE SUBSEQUENT TO SEPARATION OR RETIREMENT

"FOR ENTITLEMENT TO TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF MEMBERS WHO DIE SUBSEQUENT TO SEPARATION FROM THE SERVICE OR SUBSEQUENT TO RETIREMENT, SEE THE PROVISIONS OF PARS. 8259 OR 8260, AS APPROPRIATE."

THE UNDER SECRETARY OF THE NAVY IN HIS LETTER OF APRIL 13, 1964, REQUESTED THAT THESE CHANGES TO THE JOINT TRAVEL REGULATIONS BE REVIEWED WITH REGARD TO WHETHER THEY MAY APPEAR TO BE CONTRARY TO LAW, BUT WITH PARTICULAR EMPHASIS ON REPLYING TO THE FOLLOWING QUESTIONS WHICH AROSE DURING THE PROCESSING OF THE PROPOSED CHANGES:

"A. MAY THE DEFINITION OF DEPENDENTS FROM BOTH PROVISIONS OF LAW BE COMBINED FOR THE PURPOSE OF DETERMINING ENTITLEMENTS RELATING TO ANY OF THE CONDITIONS, I.E., DEATH OF A MEMBER WHILE ENTITLED TO BASIC PAY, MISSING, INJURY, ETC.?

"B. MAY THE DEFINITION 'DIE WHILE ENTITLED TO BASIC PAY' INCLUDE DEATH WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF DISCHARGE, RESIGNATION, RELIEF FROM ACTIVE DUTY, OR OTHER SEPARATION (UNDER HONORABLE CONDITIONS)?

"C. MAY THE PROVISIONS REGARDING TERMINATION OF A CASUALTY STATUS, RETURN TO DUTY AND ASSIGNMENT TO A PERMANENT STATION INCLUDE TRANSPORTATION OF 'DESIGNATED DEPENDENTS' AND HOUSEHOLD GOODS OF MEMBERS TRANSPORTED INCIDENT TO MISSING, INJURY, ETC., UNDER TITLE 50 U.S.C. (APPENDIX) AND TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS OF MEMBERS IN PAY GRADES E-4 (WITH 4 YEARS OF SERVICE OR LESS), E-3, E 2, AND E-1 (DETERMINED UNDER TITLE 37 U.S.C.)?"

IT IS FURTHER STATED WITH REFERENCE TO NEED FOR THE PROPOSED CHANGES THAT THE PROVISIONS OF PARAGRAPH 7010 AND PART G, CHAPTER 8, JOINT TRAVEL REGULATIONS, AND THEIR FORERUNNERS, WERE WRITTEN AND MAINTAINED, COMMENCING ON APRIL 1, 1951, IN ANTICIPATION OF THE POSSIBLE EXPIRATION OF THE MISSING PERSONS ACT ON A YEAR-BY-YEAR BASIS; AND THAT IT WAS GENERALLY BELIEVED THAT THE MAIN STATUTORY DIFFERENCES BETWEEN THE CAREER COMPENSATION ACT AND THE MISSING PERSONS ACT, INSOFAR AS MEMBERS OF THE UNIFORMED SERVICES ARE CONCERNED, WERE THE DEFINITION OF "DEPENDENT," THE UNLIMITED AUTHORITY ON WEIGHT OF HOUSEHOLD GOODS MOVED, AND THE RIGHT TO MOVE AN AUTOMOBILE.

QUESTION A.

WHILE THE DEFINITION OF THE TERM "DEPENDENT" IN 50 U.S.C. APP. 1001(C), APPLICABLE TO SECTION 12 OF THE MISSING PERSONS ACT, AS AMENDED, INCLUDES PERSONS WHO ARE NOT INCLUDED IN THE DEFINITION OF A "DEPENDENT" IN 37 U.S.C. 401, THE PROVISIONS OF THE MISSING PERSONS ACT APPEAR TO BE APPLICABLE IN ALL CASES WHERE TRANSPORTATION IS AUTHORIZED UNDER THE PROVISIONS OF 37 U.S.C. 406(F) FOR DEPENDENTS, BAGGAGE AND HOUSEHOLD EFFECTS OF A MEMBER WHO DIES WHILE ENTITLED TO BASIC PAY. ACCORDINGLY, THE DEFINITION OF A "DEPENDENT" IN THE MISSING PERSONS ACT MAY BE USED TO DETERMINE ALL OTHERWISE PROPER ENTITLEMENTS OF SUCH A MEMBER UNDER THE PROPOSED CHANGES TO CHAPTERS 7 AND 8 OF THE JOINT TRAVEL REGULATIONS AND QUESTION A IS ANSWERED IN THE AFFIRMATIVE.

QUESTION B.

37 U.S.C. 204(A) PROVIDES THAT EXCEPT FOR NAVAL OFFICERS WHO ARE SERVING IN THE POSITIONS SPECIFIED IN SECTION 202(I) OF THAT TITLE, (1) A MEMBER OF A UNIFORMED SERVICE WHO IS ON ACTIVE DUTY; AND (2) A MEMBER OF A UNIFORMED SERVICE, OR A MEMBER OF THE NATIONAL GUARD WHO IS NOT A RESERVE OF THE ARMY OR THE AIR FORCE, WHO IS PARTICIPATING IN FULL-TIME TRAINING, TRAINING DUTY WITH PAY, OR OTHER FULL-TIME DUTY, PROVIDED BY LAW, INCLUDING PARTICIPATION IN EXERCISES OR THE PERFORMANCE OF DUTY UNDER SECTION 3033, 3496, 3541, 8033, 8496, OR 8541 OF TITLE 10, OR SECTION 503, 504, 505, OR 506 OF TITLE 32, ARE ENTITLED TO THE BASIC PAY OF THE PAY GRADE TO WHICH ASSIGNED OR DISTRIBUTED. 37 U.S.C. 204(B) PROVIDES THAT FOR THE PURPOSES OF SUBSECTION (A) OF THAT SECTION, THE TIME NECESSARY FOR A MEMBER OF A UNIFORMED SERVICE WHO IS CALLED OR ORDERED TO ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS TO TRAVEL FROM HIS HOME TO HIS FIRST DUTY STATION AND FROM HIS LAST DUTY STATION TO HIS HOME, BY THE MODE OF TRANSPORTATION AUTHORIZED IN HIS CALL OR ORDERS, IS CONSIDERED ACTIVE DUTY. THUS, A MEMBER IS ENTITLED TO BASIC PAY ONLY FOR THE SPECIFIC PERIODS WHILE PERFORMING ACTIVE DUTY AND, WHERE APPLICABLE, WHILE TRAVELING TO AND FROM HIS HOME INCIDENT TO THAT DUTY. THE TRAVEL RIGHTS UPON TERMINATION OF ACTIVE DUTY ACCRUE AS AN INCIDENT OF AND AT THE TIME OF THE MEMBER'S SEPARATION FROM THE SERVICE, AND HE CONTINUES IN AN ACTIVE DUTY STATUS ONLY UNTIL THE EXPIRATION OF THE NECESSARY TRAVEL TIME TO HIS SELECTED HOME EVEN THOUGH HE MAY RECEIVE REIMBURSEMENT FOR THE ACTUAL TRAVEL TO HIS SELECTED HOME IF IT IS PERFORMED WITHIN 1 YEAR AFTER SUCH SEPARATION. FOR THIS REASON AND IN VIEW OF THE PROVISIONS OF 37 U.S.C. 204(A) AND (B) A MEMBER WHO DIES WITHIN 1 YEAR AFTER THE EFFECTIVE DATE OF HIS RELEASE FROM ACTIVE DUTY MAY NOT BE CONSIDERED AS HAVING DIED WHILE ENTITLED TO BASIC PAY.

QUESTION B IS ANSWERED IN THE NEGATIVE, AND THE CONCLUSION IS REQUIRED THEREFORE THAT THERE IS NO STATUTORY AUTHORITY FOR THE ISSUANCE OF PARAGRAPHS 7151-3, 8259-7, 8260-8C, AND 8351-3 OF THE PROPOSED CHANGES TO THE JOINT TRAVEL REGULATIONS TO THE EXTENT THAT THEY INDICATE A CONTRARY APPLICATION. PARAGRAPH 7012(1) OF THE PRESENT REGULATIONS REQUIRES THAT THE TRAVEL OF THE DEPENDENTS TO A SELECTED HOME MUST BE PERFORMED WITHIN 1 YEAR AFTER THE MEMBER'S TERMINATION OF ACTIVE DUTY, AND PARAGRAPH 8260(1) OF THE REGULATIONS REQUIRES THAT THE HOUSEHOLD GOODS MUST BE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN 1 YEAR FOLLOWING THE MEMBER'S TERMINATION OF ACTIVE DUTY, BOTH SUBJECT TO EXTENSION WHERE HOSPITALIZATION OR MEDICAL TREATMENT OF THE MEMBER IS INVOLVED. IN THE EVENT OF DEATH OF A MEMBER WITHIN 1 YEAR AFTER THE TERMINATION OF HIS ACTIVE DUTY WHO WAS ENTITLED TO SUCH TRANSPORTATION AND HAD NOT AVAILED HIMSELF OF IT, HIS DEPENDENTS OR PERSONS LEGALLY ENTITLED THERETO MAY CLAIM IT UNDER THE PROVISIONS OF PARAGRAPHS 7012(6) AND 8260(8) OF THE JOINT TRAVEL REGULATIONS PROVIDED THE TRANSPORTATION OF THE DEPENDENTS AND HOUSEHOLD GOODS ARE EFFECTED WITHIN 1 YEAR FOLLOWING THE MEMBER'S TERMINATION OF ACTIVE DUTY AS REQUIRED BY PARAGRAPHS 7012(1) AND 8260(1) OF THE REGULATIONS. THE TIME LIMIT FOR THE SHIPMENT OF HOUSEHOLD GOODS MAY BE EXTENDED BEYOND THE 1-YEAR PERIOD IF AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 8353 OF THE REGULATIONS (PARAGRAPH 8352-4 OF THE PROPOSED CHANGES). WE BELIEVE THAT THE TRANSPORTATION ALLOWANCES AUTHORIZED BY PARAGRAPHS 7012, 8360 AND 8353 OF THE PRESENT REGULATIONS ARE PROPER AND MAY BE CONTINUED, BUT THAT NO AUTHORITY EXISTS WHICH COULD BE CONSIDERED TO GIVE RISE TO A NEW RIGHT TO TRANSPORTATION OF DEPENDENTS OR HOUSEHOLD EFFECTS INCIDENT TO THE DEATH OF A MEMBER OCCURRING AFTER THE TERMINATION OF THE PERIOD OF HIS ENTITLEMENT TO BASIC PAY.

QUESTION C.

THE MISSING PERSONS ACT AUTHORIZES TRANSPORTATION FOR THE DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF ANY PERSON IN ACTIVE SERVICE (WITHOUT REGARD TO PAY GRADE) WHO IS OFFICIALLY REPORTED AS DEAD, INJURED, MISSING FOR A PERIOD OF 30 DAYS OR MORE, INTERNED IN A FOREIGN COUNTRY, OR CAPTURED BY A HOSTILE FORCE. THERE IS NO PROVISION IN THIS ACT FOR ANY TRANSPORTATION ALLOWANCES FOR A MEMBER WHEN HIS CASUALTY STATUS IS TERMINATED AND HE IS RETURNED TO DUTY AND ASSIGNED TO A PERMANENT STATION. HOWEVER, ASSIGNMENT TO A PERMANENT DUTY STATION UPON THE TERMINATION OF A CASUALTY STATUS WOULD APPEAR TO INVOLVE AN ASSIGNMENT TO DUTY WITHIN THE CONTEMPLATION OF 37 U.S.C. 406 AUTHORIZING TRANSPORTATION ALLOWANCES FOR DEPENDENTS, BAGGAGE AND HOUSEHOLD EFFECTS, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, FOR SUCH GRADES, RANKS, AND RATINGS AND TO AND FROM SUCH PLACES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. THERE DOES NOT APPEAR TO BE ANY PROHIBITION UNDER THAT OR OTHER SECTIONS OF TITLE 37 OF THE CODE AGAINST AUTHORIZING BY PROPER REGULATION THE TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS AND DEPENDENTS OF MEMBERS OF ANY GRADE WHILE SECTION 2 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, AS AMENDED, 50 U.S.C. APP. 2202, REMAINS IN EFFECT.

ACCORDINGLY, IN REPLY TO QUESTION C WE ARE OF THE OPINION THAT SO LONG AS THE PROVISIONS OF SECTION 2 OF THE DEPENDENTS ASSISTANCE ACT OF 1950 REMAINS IN EFFECT THE TRANSPORTATION OF DEPENDENTS (AS DEFINED IN 37 U.S.C. 401) AND OF BAGGAGE AND HOUSEHOLD EFFECTS OF MEMBERS, INCLUDING THOSE IN PAY GRADES E-4 (4 YEARS' OR LESS SERVICE), E-3, E-2 OR E-1, WHEN THEIR CASUALTY STATUS IS TERMINATED AND THEY ARE RETURNED TO DUTY AND ASSIGNED TO A PERMANENT STATION, MAY BE AUTHORIZED UNDER THE PROVISIONS OF TITLE 37 OF THE UNITED STATES CODE.

THE CHANGE IN PARAGRAPH 8260-3 OF THE JOINT TRAVEL REGULATIONS, APPROVED BY OUR DECISION OF JUNE 23, 1964, B-154201, SHOULD BE SUBSTITUTED FOR THE PROPOSED CHANGE TO THAT PARAGRAPH HERE PRESENTED.

OTHER THAN THE EXCEPTIONS DISCUSSED HEREIN, WE HAVE NO OBJECTION TO THE PROPOSED CHANGES TO THE JOINT TRAVEL REGULATIONS SUBMITTED WITH THE LETTER OF APRIL 3, 1964, FROM THE UNDER SECRETARY OF THE NAVY.