B-149856, OCT. 23, 1962

B-149856, OCT. 23, 1962

TO EDDIE A. HOWARD, STAFF SERGEANT, RA:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 22, 1962, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR TRANSPORTATION ALLOWANCE FOR YOUR DEPENDENT'S TRAVEL FROM MALVERN, ARKANSAS, TO ANCHORAGE, ALASKA, ON SEPTEMBER 12 AND 13, 1958, WHICH WAS DISALLOWED BY SETTLEMENT DATED AUGUST 2, 1962.

THE RECORD SHOWS THAT BY PARAGRAPH 25, SPECIAL ORDERS NO. 102, HEADQUARTERS, U.S. ARMY TRANSPORTATION TRAINING COMMAND, FORT EUSTIS, VIRGINIA, DATED MAY 22, 1958, YOU WERE RELIEVED FROM ASSIGNMENT AT THAT STATION ON OR ABOUT JUNE 7, 1958, AND TRANSFERRED TO U.S. ARMY OVERSEAS REPLACEMENT STATION, FORT LEWIS, WASHINGTON, TO REPORT NOT LATER THAN JULY 5, 1958, FOR FURTHER ASSIGNMENT TO ALASKA. FIFTEEN DAYS' DELAY TO BE CHARGED AS LEAVE WAS AUTHORIZED. BY PARAGRAPH 62, SPECIAL ORDER 114, HEADQUARTERS, U.S. ARMY PERSONNEL CENTER, FORT LEWIS, WASHINGTON, DATED JULY 11, 1958, YOU WERE ASSIGNED TO HEADQUARTERS AND HEADQUARTERS COMPANY, U.S. ARMY SUPPLY AND MAINTENANCE CENTER, FORT RICHARDSON, ALASKA. YOU STATE YOU DEPARTED FORT EUSTIS JUNE 6, 1958, ARRIVED FORT LEWIS, WASHINGTON, JULY 5, 1958, DEPARTED JULY 18, 1958, AND ARRIVED AT FORT RICHARDSON, ALASKA, JULY 23, 1958.

IT APPEARS THAT YOU WERE MARRIED ON JUNE 27, 1958, AND ON JULY 28, 1958, YOU SIGNED AN APPLICATION FOR THE TRANSPORTATION OF YOUR DEPENDENT WIFE FROM MALVERN, ARKANSAS, TO FORT RICHARDSON, ALASKA, WHICH WAS ADMINISTRATIVELY DENIED BECAUSE DEPENDENCY DID NOT EXIST ON THE EFFECTIVE DATE OF YOUR ORDERS OF MAY 22, 1958. ON OR ABOUT SEPTEMBER 12, 1958, YOUR DEPENDENT TRAVELED BY COMMERCIAL AIR AT YOUR EXPENSE TO THE NEW STATION. SUBSEQUENTLY YOU FILED A CLAIM FOR REIMBURSEMENT FOR THE EXPRESS INVOLVED, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 2, 1962, FOR THE SAME REASON.

IN YOUR LETTER REQUESTING RECONSIDERATION OF YOUR CLAIM YOU QUOTE PART OF PARAGRAPH 3003-1B2 OF THE JOINT TRAVEL REGULATIONS PRESENTLY IN EFFECT, WHICH PROVIDES THAT THE EFFECTIVE DATE OF ORDERS WHEN TEMPORARY DUTY IS INVOLVED EN ROUTE TO A PERMANENT DUTY STATION IN A NONRESTRICTED AREA IS THE DATE OF RELIEF OR DETACHMENT FROM THE LAST TEMPORARY DUTY STATION PLUS ANY LEAVE OR ADDITIONAL TRAVEL TIME AUTHORIZED TO BE TAKEN AFTER SUCH DETACHMENT, AND YOU STATE THAT YOU BELIEVE THE EFFECTIVE DATE OF YOUR ORDERS WAS JULY 23, 1958.

WHILE THE PROVISIONS OF PARAGRAPH 3003-1B2 WERE FIRST INCORPORATED IN THE JOINT TRAVEL REGULATIONS (AS PARAGRAPH 3003-1B) EFFECTIVE MAY 1, 1959--- WHICH WAS SUBSEQUENT TO THE PERIOD COVERED BY YOUR CLAIM--- THOSE PROVISIONS DID NOT CREATE A NEW RIGHT BUT MERELY RESTATED A RECOGNIZED PRINCIPLE IN DETERMINING THE EFFECTIVE DATE OF ORDERS IN SUCH CIRCUMSTANCES. IN THIS CONNECTION, WE HAVE HELD THAT WHERE A MEMBER MARRIES SUBSEQUENT TO HIS DETACHMENT FROM HIS PERMANENT STATION BUT PRIOR TO THE DATE FURTHER TRAVEL WAS REQUIRED FROM HIS TEMPORARY DUTY STATION, HE WAS ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM THE PLACE OF MARRIAGE TO HIS NEW DUTY STATION, NOT TO EXCEED THE DISTANCE FROM THE TEMPORARY DUTY STATION TO THE NEW PERMANENT STATION. ACCORDINGLY YOU ARE ENTITLED TO REIMBURSEMENT FOR YOUR DEPENDENT'S TRAVEL FROM MALVERN, ARKANSAS, TO ANCHORAGE, ALASKA, NOT TO EXCEED THE DISTANCE FROM FORT LEWIS, WASHINGTON, TO ANCHORAGE, ALASKA. UNDER THE PROVISIONS OF PARAGRAPHS 1150-16 AND 7002 -1B OF THE JOINT TRAVEL REGULATIONS, TRAVEL BETWEEN THE 28 CONTIGUOUS STATES OF THE UNITED STATES AND ALASKA IS REQUIRED TO BE PERFORMED BY GOVERNMENT VESSEL OR AIRCRAFT, IF AVAILABLE, UNLESS TRAVEL BY PRIVATELY OWNED CONVEYANCE IS AUTHORIZED AND IS PERFORMED, AND INASMUCH AS YOUR DEPENDENT TRAVELED TO ANCHORAGE, ALASKA, BY COMMERCIAL AIRCRAFT AND GOVERNMENT AIRCRAFT WAS AVAILABLE, REIMBURSEMENT IS LIMITED TO THE COST OF TRAVEL WHICH THE DEPARTMENT OF THE ARMY WOULD HAVE BEEN REQUIRED TO PAY HAD THE TRAVEL TO ANCHORAGE BEEN BY MILITARY AIR TRANSPORT SERVICE. SETTLEMENT WILL ISSUE IN DUE COURSE ON THAT BASIS.