B-148459, JANUARY 7, 1963, 42 COMP. GEN. 344

B-148459, JANUARY 7, 1963, 42 COMP. GEN. 344

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DEPENDENT ACQUIRED AFTER ISSUANCE OF ORDERS A MARINE CORPS OFFICER DETACHED FROM AN OVERSEAS STATION FROM WHICH DEPENDENTS WERE RESTRICTED AND ASSIGNED, WITHOUT TEMPORARY DUTY EN ROUTE, TO A PERMANENT STATION IN THE UNITED STATES UNDER ORDERS AUTHORIZING 30 DAYS' DELAY, PLUS TRAVEL TIME, AMENDED AT TIME OF REPORTING AT THE DEBARKATION POINT TO AUTHORIZE ADDITIONAL DELAY, WHO IS MARRIED BEFORE THE NEW REPORTING TIME AUTHORIZED, IS ENTITLED UNDER PARAGRAPH 7060-2, JOINT TRAVEL REGULATIONS, TO THE TRANSPORTATION OF HIS DEPENDENT FROM THE PLACE OF THE MARRIAGE TO HIS NEW STATION, NOT TO EXCEED THE CONSTRUCTIVE COST TO THE GOVERNMENT HAD TRANSPORTATION BEEN PROVIDED FROM THE OLD TO THE NEW STATION, THE RESTRICTED STATUS OF THE OLD STATION NOT LIMITING ENTITLEMENT, AND THE REPORTING AT THE DEBARKATION POINT BEING VIEWED AS TEMPORARY DUTY IN ACCORDANCE WITH PARAGRAPH 5015.1D, MARINE CORPS PERSONNEL MANUAL, THE EFFECTIVE DATE OF THE MEMBER'S ORDERS FOR TRANSPORTATION OF HIS DEPENDENT IS FOR DETERMINATION PURSUANT TO PARAGRAPH 3003-1B2 OF THE REGULATIONS; THEREFORE, THE ADDITIONAL TIME ALLOWED FOR REPORTING EXTENDING BEYOND THE MARRIAGE DATE, THE MEMBER IS ENTITLED TO THE TRANSPORTATION OF THE DEPENDENT ACQUIRED BEFORE THE EFFECTIVE DATE OF HIS PERMANENT CHANGE OF STATION ORDERS.

TO MAJOR NICHOLAS M. LASLAVIC, JR., UNITED STATES MARINE CORPS, JANUARY 7, 1963:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1962, ENCLOSING FOR AN ADVANCE DECISION THE CLAIM OF FIRST LIEUTENANT JOHN G. MACLETCHIE, III, USMCR, FOR AN ALLOWANCE FOR TRAVEL OF HIS WIFE FROM ORELAND, PENNSYLVANIA, TO LOMPOC, CALIFORNIA, LESS THE AMOUNT PREVIOUSLY PAID FOR THE DISTANCE FROM SAN DIEGO TO LOMPOC, CALIFORNIA. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 62-22 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY PARAGRAPH 1, DIVISION SPECIAL ORDER NO. 98-61, DATED MAY 2, 1961, THE MEMBER WAS TRANSFERRED FROM THIRD SERVICE BATTALION, THIRD MARINE DIVISION, LOCATED ON OKINAWA, TO THE MARINE BARRACKS, NAVAL MISSILE FACILITY, POINT ARGUELLO, LOMPOC, CALIFORNIA, AS A PERMANENT CHANGE OF STATION. THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE IN TRANSMITTING YOUR REQUEST HERE STATED THAT THE STATION IN OKINAWA WAS RESTRICTED SO FAR AS THE TRAVEL OF DEPENDENTS WAS CONCERNED. THIRTY DAYS' DELAY IN REPORTING WAS AUTHORIZED BY THE ORDERS. A DIRECTION TO PROCEED ON JULY 3, 1961, UNDER THE ORDERS WAS STATED IN FIRST ENDORSEMENT OF JUNE 22, 1961, WHICH ALSO PROVIDED FOR THE 30 DAYS' DELAY PLUS PROCEED AND TRAVEL TIME. NO PROVISION WAS MADE FOR THE PERFORMANCE OF TEMPORARY DUTY EN ROUTE TO THE NEW PERMANENT STATION. BY STAMPED ENDORSEMENT OF HEADQUARTERS, MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, ON THE ORDERS THE MEMBER IS SHOWN TO HAVE REPORTED AT THAT STATION ON JULY 21, 1961, AND HE WAS DIRECTED IN SUCH ENDORSEMENT TO REPORT AT HIS DUTY STATION NOT LATER THAN AUGUST 25, 1961, BASED ON TRAVEL BY PRIVATELY OWNED VEHICLE. IT APPEARS THAT LIEUTENANT MACLETCHIE WAS MARRIED AT ORELAND, PENNSYLVANIA, ON AUGUST 5, 1961, AND THAT HE AND HIS WIFE THEN PROCEEDED TO LOMPOC, CALIFORNIA, WHERE HE REPORTED FOR DUTY AT THE MARINE BARRACKS ON AUGUST 21, 1961.

IN VIEW OF THE FACT THAT LIEUTENANT MACLETCHIE'S ORDERS DID NOT DIRECT THE PERFORMANCE OF TEMPORARY DUTY EN ROUTE BUT ASSIGNED HIM DIRECTLY TO HIS NEW PERMANENT STATION, YOU SAY THAT THE PROVISIONS OF PARAGRAPH 7060- 3, JOINT TRAVEL REGULATIONS, WOULD NOT APPEAR TO BE FOR APPLICATION, BUT THAT SINCE THE MARINE CORPS HAS FOR SOME TIME VIEWED ANY ADMINISTRATIVE REPORTING AT A MARINE CORPS COMMAND AT A PORT OF ENTRY AS DUTY AT A TEMPORARY DUTY STATION SO AS TO MAKE THE PROVISIONS APPLICABLE, YOU REQUEST A DECISION IN THE MATTER.

PARAGRAPH 7060-3 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER DETACHED FROM AN OVERSEAS PERMANENT STATION AND NOT ASSIGNED A NEW PERMANENT STATION, SUCH STATION BEING ASSIGNED UPON HIS ARRIVAL AT A TEMPORARY DUTY STATION IN THE UNITED STATES FOR PROCESSING AND DISPOSITION, AND WHO MARRIED PRIOR TO THE EXPIRATION OF LEAVE GRANTED AFTER ARRIVAL AT THE TEMPORARY DUTY STATION AND ON OR BEFORE THE EFFECTIVE DATE OF ORDERS DIRECTING A NEW PERMANENT STATION IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENT AT GOVERNMENT EXPENSE FROM THE PLACE OF MARRIAGE TO THE NEW STATION NOT TO EXCEED FROM THE TEMPORARY DUTY STATION TO THE NEW PERMANENT STATION. AS YOU SUGGEST, THAT PROVISION BY ITS OWN TERMS IS NOT APPLICABLE IN THE PRESENT CASE FOR THE REASON THAT THE MEMBER'S NEW PERMANENT STATION WAS ASSIGNED IN THE ORIGINAL ORDERS OF MAY 2, 1961.

IT MAY BE NOTED, HOWEVER, THAT WHILE THE MEMBER'S ORDERS DID NOT DIRECT HIM TO REPORT TO THE MARINE CORPS RECRUIT DEPOT AT SAN DIEGO FROM ANY TEMPORARY DUTY, HE WAS REQUIRED TO REPORT AT THAT DEPOT UNDER THE PROVISIONS OF PARAGRAPH 5015.1D, MARINE CORPS PERSONNEL MANUAL, FOR ENDORSEMENT OF ORDERS TO ESTABLISH THE EFFECTIVE DATE OF PROCEED, DELAY AND TRAVEL, ADDRESS ON LEAVE AND REPORTING DATE AT THE NEW STATION. SINCE THE OFFICER WAS REQUIRED TO REPORT AT SAN DIEGO FOR THE INDICATED PURPOSE UNDER THAT REGULATION INCIDENT TO THE PERFORMANCE OF THE DIRECTED TRAVEL IT WOULD NOT APPEAR UNREASONABLE TO REGARD THE DUTY PERFORMED AT SAN DIEGO IN COMPLIANCE WITH SUCH REQUIREMENT AS TEMPORARY DUTY. ON THAT BASIS SAN DIEGO WAS IN EFFECT A TEMPORARY DUTY STATION, BUT THE PERFORMANCE OF TEMPORARY DUTY INCIDENT TO A PERMANENT CHANGE OF STATION FROM OVERSEAS DOES NOT OF ITSELF INVOKE THE PROVISIONS OF PARAGRAPH 7060-3 OF THE JOINT TRAVEL REGULATIONS.

FURTHER PROVISIONS OF PARAGRAPH 7060 OF THE JOINT TRAVEL REGULATIONS ARE AS FOLLOWS: 7060 DATE OF MARRIAGE

1. GENERAL. THE DETERMINING FACTOR WITH RESPECT TO ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE WHEN THE DATE OF MARRIAGE IS MATERIAL IS WHETHER THE DATE OF MARRIAGE WAS ON OR BEFORE THE EFFECTIVE DATE OF AN ORDER DIRECTING A PERMANENT CHANGE OF STATION. THE MARRIAGE DATE WAS ON OR BEFORE THE EFFECTIVE DATE OF AN ORDER DIRECTING PERMANENT CHANGE OF STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED.

2. DEPENDENT ACQUIRED WHILE ON LEAVE ON OR BEFORE EFFECTIVE DATE OF ORDER. A MEMBER UNDER ORDERS TO MAKE A PERMANENT CHANGE OF STATION WHO WAS GRANTED LEAVE FROM HIS OLD STATION AND WAS MARRIED ON OR BEFORE THE EFFECTIVE DATE OF THE ORDERS DIRECTING THE PERMANENT CHANGE OF STATION IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE OF MARRIAGE TO THE NEW STATION, THE ENTITLEMENT NOT TO EXCEED THAT FROM THE OLD TO THE NEW STATION.

SUCH PROVISIONS WOULD APPEAR TO BE NECESSARILY FOR APPLICATION IN THE PRESENT CASE AND, CONSIDERING THE TEMPORARY DUTY PERFORMED AT SAN DIEGO, WE BELIEVE THAT THE EFFECTIVE DATE OF THE ORDERS FOR PURPOSES OF THOSE PROVISIONS IS FOR DETERMINATION UNDER PARAGRAPH 3003-1B2 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT WHEN ORDERS INVOLVE TEMPORARY DUTY EN ROUTE TO A PERMANENT DUTY STATION IN A NONRESTRICTED AREA THE EFFECTIVE DATE OF THE ORDERS FOR TRANSPORTATION OF DEPENDENTS IS THE DATE OF RELIEF (DETACHMENT) FROM LAST TEMPORARY DUTY STATION PLUS LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME AUTHORIZED TO BE TAKEN AFTER SUCH DETACHMENT. SINCE IT APPEARS THAT THE AMOUNT OF LEAVE, DELAY, PROCEED AND ADDITIONAL TRAVEL TIME ACTUALLY UTILIZED BY LIEUTENANT MACLETCHIE, WHEN ADDED TO JULY 21, 1961, THE DATE OF REPORTING AT SAN DIEGO, EXTENDS BEYOND THE DATE OF HIS MARRIAGE, IT IS CONCLUDED THAT HE HAD ACQUIRED A DEPENDENT BEFORE THE EFFECTIVE DATE OF HIS PERMANENT CHANGE OF STATION ORDERS. ON THAT BASIS HE IS ENTITLED UNDER PARAGRAPH 7060-2, ABOVE, TO TRANSPORTATION OF HIS DEPENDENT FROM THE PLACE OF MARRIAGE TO THE NEW STATION, SUCH ENTITLEMENT NOT TO EXCEED THE CONSTRUCTIVE COST TO THE GOVERNMENT HAD TRANSPORTATION BEEN PROVIDED FROM THE OLD TO THE NEW STATION. THE FACT THAT THE OLD STATION WAS RESTRICTED AS TO DEPENDENTS' TRAVEL WOULD NOT APPEAR TO LIMIT THAT RIGHT SINCE UNDER THE EXPRESS PROVISIONS OF PARAGRAPH 7060-2 ENTITLEMENT IS BASED ON THE DISTANCE FROM THE OLD TO THE NEW STATION WITHOUT LIMITATION BASED UPON RESTRICTED TRAVEL TO THE OLD STATION AND TRAVEL TO THE OLD STATION IS NOT INVOLVED. COMPARE 40 COMP. GEN. 577.

ACCORDINGLY, THE CLAIM AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED AS INDICATED ABOVE, LESS THE AMOUNT PREVIOUSLY PAID.