B-148269, APRIL 9, 1962, 41 COMP. GEN. 661

B-148269: Apr 9, 1962

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WHERE THE DEPENDENTS WENT TO WAIT UNTIL THE MEMBER WAS SUBSEQUENTLY ASSIGNED TO DUTY AT FORT KNOX. IS LIMITED TO NOT TO EXCEED THE COST OF TRANSPORTATION FROM THE ESTABLISHED RESIDENCE AT TIME OF REENLISTMENT TO THE NEW DUTY STATION TO WHICH THE MEMBER IS ASSIGNED AFTER REENLISTMENT. THE REQUEST WAS ASSIGNED CONTROL NO. 62-4 BY THE PER DIEM. THE MEMBER WAS RELEASED FROM HIS ASSIGNMENT OVERSEAS AND ASSIGNED TO FORT HAMILTON. HE WAS DISCHARGED EFFECTIVE JULY 19. HE WAS ASSIGNED TO THE U.S. THE MEMBER WAS PERMANENTLY ASSIGNED AT FORT KNOX. UNDER THAT AUTHORITY TRANSPORTATION OF DEPENDENTS FROM HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO HOME IS AUTHORIZED ON THE SAME BASIS AS IN THE CASE OF A CHANGE OF PERMANENT DUTY STATION.

B-148269, APRIL 9, 1962, 41 COMP. GEN. 661

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DISCHARGE AND REENLISTMENT TRAVEL OF THE DEPENDENTS OF A MEMBER OF THE UNIFORMED SERVICES INCIDENT TO THE MEMBER'S DISCHARGE FROM AN OVERSEAS TOUR OF DUTY AT MCGUIRE AIR FORCE BASE, NEW JERSEY TO LOUISVILLE, KENTUCKY, WHERE THE MEMBER REENLISTED, THEN TO WICHITA, KANSAS, THE HOME OF RECORD, WHERE THE DEPENDENTS WENT TO WAIT UNTIL THE MEMBER WAS SUBSEQUENTLY ASSIGNED TO DUTY AT FORT KNOX, AND RETURN FROM KANSAS TO RADCLIFF, KENTUCKY, MAY NOT BE REGARDED AS TRAVEL TO ESTABLISH A RESIDENCE ON DISCHARGE BUT MUST BE REGARDED AS TRAVEL INCIDENT TO DISCHARGE AND REENLISTMENT, WHICH TRANSPORTATION EXPENSE UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), IS LIMITED TO NOT TO EXCEED THE COST OF TRANSPORTATION FROM THE ESTABLISHED RESIDENCE AT TIME OF REENLISTMENT TO THE NEW DUTY STATION TO WHICH THE MEMBER IS ASSIGNED AFTER REENLISTMENT; THEREFORE, THE MEMBER MAY BE REIMBURSED ONLY FOR THE COST OF TRAVEL OF HIS DEPENDENTS FROM MCGUIRE AIR FORCE BASE TO RADCLIFF, KENTUCKY, NOT TO EXCEED THE COST FROM MCGUIRE AIR FORCE BASE TO FORT KNOX.

TO COLONEL C. G. GEALTA, DEPARTMENT OF THE ARMY, APRIL 9, 1962:

THERE HAS BEEN RECEIVED BY FOURTH ENDORSEMENT DATED FEBRUARY 26, 1962, YOUR LETTER OF NOVEMBER 16, 1961, WITH ENCLOSURES, REQUESTING DECISION WHETHER PAYMENT MAY BE MADE ON THE TWO VOUCHERS TRANSMITTED THEREWITH IN FAVOR OF ALBERT E. LACY, E-4 (7 YEARS), RA 25 695 150, FOR REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO WICHITA, KANSAS, AND FROM WICHITA, KANSAS, TO RADCLIFF, KENTUCKY, DURING THE PERIODS JULY 15 TO JULY 28, 1961, AND SEPTEMBER 17 TO SEPTEMBER 18, 1961, RESPECTIVELY. THE REQUEST WAS ASSIGNED CONTROL NO. 62-4 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY SPECIAL ORDERS NO. 119, DATED JUNE 13, 1961, THE MEMBER WAS RELEASED FROM HIS ASSIGNMENT OVERSEAS AND ASSIGNED TO FORT HAMILTON, NEW YORK, FOR RELEASE FROM MILITARY SERVICE UNDER THE PROVISIONS OF ARMY REGULATIONS 635 -200. HE AND HIS DEPENDENTS TRAVELED BY MILITARY AIR TRANSPORT SERVICE TO MCGUIRE AIR FORCE BASE. BY SPECIAL ORDERS NO. 198, DATED JULY 17, 1961, HE WAS DISCHARGED EFFECTIVE JULY 19, 1961, AT FORT DIX, NEW JERSEY, AND DIRECTED TO PROCEED TO WICHITA, KANSAS, HIS HOME OF RECORD. THE MEMBER AND HIS DEPENDENTS TRAVELED BY AUTOMOBILE TO LOUISVILLE, KENTUCKY, WHERE THEY ARRIVED JULY 24, 1961. ON JULY 25, 1961, HE REENLISTED IN THE REGULAR ARMY AT LOUISVILLE AND BY SPECIAL ORDERS NO. 147, ISSUED ON THE SAME DATE, HE WAS ASSIGNED TO THE U.S. ARMY RECEIVING STATION, FORT KNOX, KENTUCKY, FOR FURTHER PROCESSING AND ASSIGNMENT. BY SPECIAL ORDERS NO. 184, DATED AUGUST 1, 1961, THE MEMBER WAS PERMANENTLY ASSIGNED AT FORT KNOX, EFFECTIVE AUGUST 2, 1961. HE STATES THAT HIS DEPENDENTS TRAVELED TO WICHITA ON JULY 28 AT HIS OWN EXPENSE TO WAIT UNTIL HE COULD OBTAIN A REENLISTMENT LEAVE SO THAT HE COULD ASSIST IN SHIPPING HIS HOUSEHOLD GOODS. HE BROUGHT HIS FAMILY AND HOUSEHOLD GOODS TO RADCLIFF, KENTUCKY, ON SEPTEMBER 18, 1961.

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 WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION FOR DEPENDENTS. PARAGRAPH 3003-1 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDES THAT A PERMANENT CHANGE OF STATION INCLUDES THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION UPON ENLISTMENT, AND FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO DISCHARGE. UNDER THAT AUTHORITY TRANSPORTATION OF DEPENDENTS FROM HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO HOME IS AUTHORIZED ON THE SAME BASIS AS IN THE CASE OF A CHANGE OF PERMANENT DUTY STATION, AND, THEREFORE, SUCH TRANSPORTATION IS SUBJECT TO THE SAME LIMITATIONS. THUS, THE TRANSPORTATION OF DEPENDENTS TO WHICH A MEMBER IS ENTITLED INCIDENT TO REENLISTMENT IS LIMITED NOT TO EXCEED THE COST OF SUCH TRANSPORTATION FROM THE ESTABLISHED RESIDENCE OF HIS DEPENDENTS AT TIME OF REENLISTMENT, PROVIDED THEY HAVE AN ESTABLISHED RESIDENCE, WHETHER LOCATED AT A MILITARY INSTALLATION OR ELSEWHERE, TO THE DUTY STATION TO WHICH THE MEMBER IS ASSIGNED UPON REENLISTMENT. 33 COMP. GEN. 131; B 119374, AUGUST 5, 1954.

THE DEPENDENTS IN THIS CASE DID NOT ESTABLISH A RESIDENCE IN THE UNITED STATES INCIDENT TO THE MEMBER'S DISCHARGE AND PRIOR TO THE TIME HE WAS PERMANENTLY ASSIGNED TO FORT KNOX AFTER HIS REENLISTMENT IN LOUISVILLE. THEIR TRAVEL TO WICHITA FOLLOWING HIS REENLISTMENT WAS NOT TO ESTABLISH A RESIDENCE THERE BUT TO WAIT UNTIL HE WAS PERMANENTLY ASSIGNED AND COULD HELP THEM MOVE THE HOUSEHOLD GOODS TO HIS NEW STATION. HENCE, THE REIMBURSEMENT TO WHICH THE MEMBER IS ENTITLED FOR THEIR TRAVEL INCIDENT TO HIS DISCHARGE AND REENLISTMENT IS LIMITED TO THE TRAVEL FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, WHERE THEY ARRIVED FROM THEIR OVERSEAS RESIDENCE BY MILITARY AIR TRANSPORT SERVICE, TO RADCLIFF, KENTUCKY, NOT TO EXCEED REIMBURSEMENT FOR THE COST OF TRAVEL FROM MCGUIRE AIR FORCE BASE TO FORT KNOX, THE MEMBER'S NEW PERMANENT STATION. THE VOUCHERS AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT BEING AUTHORIZED TO THE EXTENT INDICATED ABOVE.