B-146637, AUG. 30, 1961

B-146637: Aug 30, 1961

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RA 44 008 015: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 17. YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 30TH TRANSPORTATION DETACHMENT (TIR). YOU WERE RELIEVED FROM ASSIGNMENT AT THE TRANSFER STATION AND HONORABLY DISCHARGED FROM THE SERVICE ON DECEMBER 12. THAT THIS UNIT WAS ADVISED IN AUGUST 1959 IT WOULD DEPART FROM OAKLAND. THAT THIS DATE WAS SUBSEQUENTLY CONFIRMED ON NUMEROUS OCCASIONS AND REMAINED FIRM UNTIL DECEMBER 1960. AT WHICH TIME IT WAS DETERMINED THE UNIT COULD NOT MOVE AS SCHEDULED DUE TO LACK OF FUNDS. THAT YOU WERE TO BE DISCHARGED FROM THE SERVICE DECEMBER 16. YOUR CLAIM WAS DISALLOWED SUBSTANTIALLY FOR THE REASON THAT THE CERTIFICATE OF THE COMMANDING OFFICER OF THE 30TH TRANSPORTATION DETACHMENT (TIR) THAT THE UNIT WAS ADVISED IN AUGUST 1959 IT WOULD DEPART FROM OAKLAND IN FEBRUARY 1961 WAS MERELY A STATEMENT OF FUTURE MILITARY PLANS WHICH WERE LATER CHANGED DUE TO LACK OF FUNDS.

B-146637, AUG. 30, 1961

TO SERGEANT FIRST CLASS WILLIAM M. GRAY, RA 44 008 015:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1961, WITH ENCLOSURES, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 1, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS (WIFE AND THREE CHILDREN) FROM OAKLAND, CALIFORNIA, TO TAMPA, FLORIDA, DURING THE PERIOD MAY 23 TO 30, 1960.

BY SPECIAL ORDERS NO. 191 DATED DECEMBER 5, 1960, YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 30TH TRANSPORTATION DETACHMENT (TIR), OAKLAND, CALIFORNIA, AND REASSIGNED AND DIRECTED TO PROCEED DECEMBER 11, 1960,TO THE TRANSFER STATION, U.S. ARMY PERSONNEL CENTER, ALSO AT OAKLAND, FOR SEPARATION FROM THE SERVICE. BY SPECIAL ORDERS NO. 347 DATED DECEMBER 12, 1960, YOU WERE RELIEVED FROM ASSIGNMENT AT THE TRANSFER STATION AND HONORABLY DISCHARGED FROM THE SERVICE ON DECEMBER 12, 1960. THE COMMANDING OFFICER OF THE 30TH TRANSPORTATION DETACHMENT (TIR) CERTIFIED ON JANUARY 24, 1961, THAT THIS UNIT WAS ADVISED IN AUGUST 1959 IT WOULD DEPART FROM OAKLAND, CALIFORNIA, IN FEBRUARY 1961 ON A PERMANENT CHANGE OF STATION, AND THAT THIS DATE WAS SUBSEQUENTLY CONFIRMED ON NUMEROUS OCCASIONS AND REMAINED FIRM UNTIL DECEMBER 1960, AT WHICH TIME IT WAS DETERMINED THE UNIT COULD NOT MOVE AS SCHEDULED DUE TO LACK OF FUNDS. THE EXECUTIVE OFFICER OF THE 30TH TRANSPORTATION DETACHMENT (TIR) CERTIFIED ON JUNE 30, 1960, THAT YOU WERE TO BE DISCHARGED FROM THE SERVICE DECEMBER 16, 1960, DUE TO EXPIRATION OF TERM OF SERVICE.

YOUR CLAIM WAS DISALLOWED SUBSTANTIALLY FOR THE REASON THAT THE CERTIFICATE OF THE COMMANDING OFFICER OF THE 30TH TRANSPORTATION DETACHMENT (TIR) THAT THE UNIT WAS ADVISED IN AUGUST 1959 IT WOULD DEPART FROM OAKLAND IN FEBRUARY 1961 WAS MERELY A STATEMENT OF FUTURE MILITARY PLANS WHICH WERE LATER CHANGED DUE TO LACK OF FUNDS, AND THE CERTIFICATE DATED JUNE 30, 1960, FROM THE EXECUTIVE OFFICER THAT YOU WERE TO BE DISCHARGED DECEMBER 16, 1960, DUE TO EXPIRATION OF TERM OF SERVICE WAS ONLY A RECITATION OF GENERAL INFORMATION TAKEN FROM AVAILABLE RECORDS THAT AN EVENT MIGHT TAKE PLACE SOME FIVE AND ONE HALF MONTHS LATER AND, THEREFORE, DID NOT BRING YOUR CASE WITHIN THE EXCEPTION IN PARAGRAPH 7000- 9 OF THE JOINT TRAVEL REGULATIONS.

IN REPLY TO THE DISALLOWANCE OF YOUR CLAIM YOU NOW SUBMIT A COPY OF AN AUTHORIZATION DATED JUNE 30, 1960, TO THE COMMANDING OFFICER OF THE U.S. ARMY TRANSPORTATION TERMINAL UNIT, OAKLAND ARMY TERMINAL, APPROVING SHIPMENT OF YOUR HOUSEHOLD GOODS PRIOR TO ISSUANCE OF SEPARATION UNDER AUTHORITY CONTAINED IN MESSAGE DA 488963 DATED JANUARY 15, 1957, AS AMENDED BY MESSAGE DA 493541 DATED JANUARY 30, 1957.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS OR TO REIMBURSEMENT THEREFOR. PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT PROVISION OF LAW PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPART THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. IT SEEMS CLEAR THAT THE REGULATION CONTEMPLATES THAT TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED UNTIL THE MEMBER HAS DEFINITE KNOWLEDGE OF AN IMPENDING PERMANENT CHANGE OF STATION. THEREFORE, IT HAS BEEN THE RULE THAT THE REGULATION IS APPLICABLE ONLY WHERE DEPARTURE OF THE DEPENDENTS IS DURING THE COMPARATIVELY SHORT PERIOD OF TIME WHICH MAY ELAPSE BETWEEN THE TIME OF AN ADMINISTRATIVE DETERMINATION TO ORDER A MEMBER TO MAKE A CHANGE OF STATION AND THE DATE ON WHICH ORDERS DIRECTING SUCH CHANGE ACTUALLY ARE ISSUED. MERE GENERAL INFORMATION OF AN IMPENDING CHANGE IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATION. 34 COMP. GEN. 241.

THE AUTHORIZATION DATED JUNE 30, 1960, APPROVING SHIPMENT OF YOUR HOUSEHOLD GOODS PRIOR TO THE ISSUANCE OF YOUR SEPARATION ORDERS OF DECEMBER 5 AND 12, 1960, WAS ISSUED A MONTH AFTER YOUR DEPENDENTS HAD COMPLETED THEIR TRAVEL TO TAMPA. SUCH AUTHORIZATION MAY NOT BE ACCEPTED AS ESTABLISHING THAT YOU HAD DEFINITE KNOWLEDGE OF A PERMANENT CHANGE OF STATION PRIOR TO THEIR TRAVEL AS REQUIRED BY THE CITED REGULATIONS. ACCORDINGLY, THE SETTLEMENT OF APRIL 1, 1961, WAS CORRECT AND IS SUSTAINED.