B-148709, MAY 18, 1962

B-148709: May 18, 1962

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BIGGS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 6. YOU WERE RELEASED FROM YOUR ASSIGNMENT OVERSEAS AND REASSIGNED TO REDSTONE ARSENAL. YOU WERE ASSIGNED TO THE OFFICE OF THE PROVOST MARSHAL GENERAL. THAT UPON BEING INFORMED THAT QUARTERS WERE NOT AVAILABLE THERE. YOU MOVED THEM TO YOUR TEMPORARY DUTY STATION AT FORTH LEAVENWORTH AND THEY WERE WITH YOU THERE WHEN YOU RECEIVED THE ORDERS DATED NOVEMBER 6. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 3. FOR THE REASON THAT THE ONLY PERMANENT CHANGE OF STATION AFFECTED WAS FROM YOUR OVERSEAS STATION TO YOUR ASSIGNMENT WITH THE OFFICE OF THE PROVOST MARSHAL GENERAL. THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949.

B-148709, MAY 18, 1962

TO MAJOR THOMAS R. BIGGS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 6, 1962, REQUESTING RECONSIDERATION OF THE SETTLEMENT OF APRIL 3, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS FROM NEW YORK, NEW YORK, TO REDSTONE ARSENAL, ALABAMA, AND FROM REDSTONE ARSENAL TO WASHINGTON, D.C., LESS THE AMOUNT PREVIOUSLY PAID YOU FOR THEIR DIRECT TRAVEL FROM NEW YORK TO WASHINGTON.

BY TRAVEL ORDERS NO. LO 6-124 DATED JUNE 28, 1961, YOU WERE RELEASED FROM YOUR ASSIGNMENT OVERSEAS AND REASSIGNED TO REDSTONE ARSENAL, HUNTSVILLE, ALABAMA, WITH TEMPORARY DUTY EN ROUTE FOR APPROXIMATELY 120 DAYS AT FORTH LEAVENWORTH, KANSAS. WHILE AT FORTH LEAVENWORTH YOU RECEIVED ORDERS DATED NOVEMBER 6, 1961, RELEASING YOU FROM ASSIGNMENT AT REDSTONE ARSENAL, AND EFFECTIVE UPON COMPLETION OF YOUR TEMPORARY DUTY AT FORT LEAVENWORTH, YOU WERE ASSIGNED TO THE OFFICE OF THE PROVOST MARSHAL GENERAL, WASHINGTON, D.C. YOU SAY THAT WHEN YOUR DEPENDENTS ARRIVED IN THE UNITED STATES FROM OVERSEAS THEY WENT TO REDSTONE ARSENAL, BUT THAT UPON BEING INFORMED THAT QUARTERS WERE NOT AVAILABLE THERE, YOU MOVED THEM TO YOUR TEMPORARY DUTY STATION AT FORTH LEAVENWORTH AND THEY WERE WITH YOU THERE WHEN YOU RECEIVED THE ORDERS DATED NOVEMBER 6, 1961. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 3, 1962, FOR THE REASON THAT THE ONLY PERMANENT CHANGE OF STATION AFFECTED WAS FROM YOUR OVERSEAS STATION TO YOUR ASSIGNMENT WITH THE OFFICE OF THE PROVOST MARSHAL GENERAL, WASHINGTON, D.C.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253. PARAGRAPH 3003-1 (B) 2 OF THOSE REGULATIONS PROVIDES THAT WHEN THE ORDERS INVOLVE TEMPORARY DUTY AT ONE OR MORE PLACES EN ROUTE TO A PERMANENT DUTY STATION IN A NONRESTRICTED AREA, THE EFFECTIVE DATE, FOR THE PURPOSE OF DEPENDENT TRAVEL, IS THE DATE OF RELIEF (DETACHMENT) FROM THE LAST TEMPORARY DUTY STATION PLUS LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME ALLOWED FOR TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, AUTHORIZED TO BE TAKEN AFTER SUCH DETACHMENT. PARAGRAPH 7057 OF THE REGULATIONS PROVIDES THAT A MEMBER IN RECEIPT OF PERMANENT CHANGE OF STATION ORDERS IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE OLD PERMANENT STATION TO OTHER THAN THE NEW PERMANENT STATION NOT TO EXCEED THE ENTITLEMENT FROM THE OLD TO THE NEW STATION.

IT HAS LONG BEEN THE RULE THAT NO OFFICIAL TRAVEL OF A MEMBER OR HIS DEPENDENTS IS REQUIRED UNDER CHANGE OF STATION ORDERS, EITHER OF A PERMANENT OR TEMPORARY NATURE, UNTIL SUCH TIME AS THE MEMBER IS REQUIRED TO DEPART THE OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE SPECIFIED) TO REACH HIS NEW STATION ON THE DATE REQUIRED BY HIS TRAVEL ORDERS. WHERE A MEMBER IS GRANTED LEAVE OR AUTHORIZED DELAY IN THE PERFORMANCE OF TRAVEL, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF SUCH LEAVE OR DELAY. IF THE ORDERS ARE CANCELLED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED BY THE MEMBER OR HIS DEPENDENTS IS REGARDED AS INCIDENT TO THE LEAVE OR DELAY AND EXPENSES OF SUCH TRAVEL MUST BE BORNE BY THE MEMBER CONCERNED. SEE 8 COMP. GEN. 524, 9 COMP. GEN. 315 AND 33 COMP. GEN. 289.

WHILE THE ORDERS OF JUNE 28, 1961, DIRECTED A CHANGE OF STATION TO REDSTONE ARSENAL, HUNTSVILLE, ALABAMA, YOU DID NOT REPORT AT THAT PLACE SINCE A NEW PERMANENT STATION IN THE OFFICE OF THE PROVOST MARSHAL GENERAL, WASHINGTON, D.C., WAS DESIGNATED PRIOR TO THE TERMINATION OF YOUR TEMPORARY DUTY AT FORT LEAVENWORTH. THEREFORE, YOUR ORDERS TO REDSTONE ARSENAL NEVER BECAME EFFECTIVE. UNDER SUCH CIRCUMSTANCES, TRAVEL OF YOUR DEPENDENTS WAS AUTHORIZED AT GOVERNMENT EXPENSE ONLY FROM OVERSEAS TO WASHINGTON, D.C., VIA NEW YORK, PORT OF ENTRY IN THE UNITED STATES.

WITH REGARD TO YOUR STATEMENT THAT SINCE YOUR HOUSEHOLD GOODS WERE SHIPPED TO REDSTONE ARSENAL AND THEN TO WASHINGTON, D.C., AT NO EXPENSE TO YOU, YOU FEEL THAT REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS IS AUTHORIZED, YOU ARE ADVISED THAT PARAGRAPH 8014 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES RESHIPMENT OF HOUSEHOLD GOODS IN CERTAIN CASES WHERE ORDERS ARE AMENDED OR CANCELLED. THIS PARAGRAPH PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS MADE AFTER RECEIPT OF COMPETENT CHANGE OF STATION ORDERS, BUT BEFORE THE EFFECTIVE DATE THEREOF, WILL BE FORWARDED OR RETURNED TO PROPER DESTINATION AT GOVERNMENT EXPENSE IN CASE SUCH ORDERS ARE SUBSEQUENTLY AMENDED OR CANCELLED, PROVIDED SUCH SHIPMENT IS MADE IN THE BEST FORESEEABLE INTEREST OF THE GOVERNMENT AND THE MEMBER. SEE 39 COMP. GEN. 552. THE JOINT TRAVEL REGULATIONS DO NOT HAVE A SIMILAR PROVISION COVERING ADVANCE TRAVEL OF DEPENDENTS.

FOR THE ABOVE REASONS, THE SETTLEMENT OF APRIL 3, 1962, WAS CORRECT AND IS SUSTAINED.