B-149921, OCT. 24, 1962

B-149921: Oct 24, 1962

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SP5: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13. YOU WERE TRANSFERRED FROM FORT EUSTIS. THE LEAVE WAS TO TERMINATE MARCH 24. YOU WERE TO REPORT FOR THE TEMPORARY DUTY ON MARCH 28. SUCH ORDERS WERE AMENDED BY ORDERS DATED JANUARY 19. TO PROVIDE THAT CONCURRENT TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED. YOUR ORDERS WERE REVOKED BY PARAGRAPH 51. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE ORDERS OF JANUARY 18. WERE REVOKED PRIOR TO THEIR EFFECTIVE DATE. 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. IS THE DATE OF RELIEF (DETACHMENT) FROM THE LAST TEMPORARY DUTY STATION PLUS LEAVE.

B-149921, OCT. 24, 1962

TO SIDNEY KANNER, SP5:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13, 1962, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 6, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FORT EUSTIS, VIRGINIA, TO NORTH HOLLYWOOD, CALIFORNIA.

BY PARAGRAPH 47, SPECIAL ORDERS NO. 13, DATED JANUARY 18, 1962, YOU WERE TRANSFERRED FROM FORT EUSTIS, VIRGINIA, TO FORT DIX, NEW JERSEY, FOR OVERSEAS TRANSPORTATION. THE ORDERS DIRECTED TEMPORARY DUTY EN ROUTE OF APPROXIMATELY FOUR WEEKS' DURATION AT FORT RUCKER, ALABAMA, AND GRANTED 30 DAYS' DELAY CHARGEABLE TO LEAVE. THE LEAVE WAS TO TERMINATE MARCH 24, 1962, AND YOU WERE TO REPORT FOR THE TEMPORARY DUTY ON MARCH 28, 1962. SUCH ORDERS WERE AMENDED BY ORDERS DATED JANUARY 19, 1962, TO PROVIDE THAT CONCURRENT TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED. YOUR DEPENDENTS DEPARTED FORT EUSTIS ON FEBRUARY 23 FOR A VISIT TO NEW YORK, NEW YORK, AND ON MARCH 2 EN ROUTE TO CALIFORNIA, ARRIVING AT NORTH HOLLYWOOD MARCH 9, 1962. YOUR ORDERS WERE REVOKED BY PARAGRAPH 51, SPECIAL ORDERS NO. 50, ISSUED AT FORT EUSTIS ON MARCH 9, 1962. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE ORDERS OF JANUARY 18, 1962, WERE REVOKED PRIOR TO THEIR EFFECTIVE DATE. IN YOUR PRESENT LETTER YOU REQUEST THAT YOUR CLAIM BE RECONSIDERED ON THE BASIS THAT TRAVEL HAD BEEN COMPLETED PRIOR TO REVOCATION OF THE ORDERS.

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) OF THOSE REGULATIONS PROVIDES THAT WHEN THE ORDERS INVOLVE TEMPORARY DUTY AT ONE OR MORE PLACE 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 BY A SPECIFIC MODE OF TRANSPORTATION, AUTHORIZED TO BE TAKEN AFTER SUCH DETACHMENT, AND THAT WHEN THE ORDERS INVOLVE TEMPORARY DUTY AT ONE OR MORE PLACES EN ROUTE TO AN ASSIGNMENT IN A RESTRICTED AREA THE EFFECTIVE DATE IS THE DATE OF RELIEF (DETACHMENT) FROM THE PERMANENT DUTY STATION PLUS LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME AUTHORIZED TO BE TAKEN PRIOR TO THE MEMBER'S REPORTING TO THE FIRST TEMPORARY DUTY STATION. PARAGRAPH 7000-6 OF THE SAME REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED FOR A MEMBER WHO FAILS TO RECEIVE REVOCATION OF PERMANENT CHANGE OF STATION ORDERS BECAUSE HE TOOK ADVANTAGE OF A LEAVE OF ABSENCE AND THE NOTICE OF REVOCATION WAS RECEIVED AT HIS OLD PERMANENT STATION SUFFICIENTLY IN ADVANCE OF THE TIME HE WOULD HAVE BEEN REQUIRED TO PROCEED UNDER THE ORIGINAL ORDERS.

IT LONG HAS BEEN THE RULE THAT NO OFFICIAL TRAVEL OF A MEMBER OR HIS DEPENDENTS IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE MEMBER IS REQUIRED TO DEPART HIS 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 JANUARY 18, 1962, AS AMENDED, DIRECTED TEMPORARY DUTY AT FORT RUCKER BEGINNING MARCH 28, 1962, TO BE FOLLOWED BY TRAVEL TO FORT DIX, NEW JERSEY, FOR FURTHER TRANSPORTATION TO AN OVERSEAS STATION ON A PERMANENT CHANGE OF STATION, YOU WERE NOT REQUIRED TO PROCEED TO EITHER FORT SINCE PRIOR TO THE EFFECTIVE DATE OF YOUR THEREFORE, THE ORDERS OF JANUARY 18, 1962, AS AMENDED, NEVER BECAME EFFECTIVE AND NO TRAVEL OF DEPENDENTS WAS AUTHORIZED THEREUNDER. THUS, IT IS NOT MATERIAL THAT THE ORDERS WERE REVOKED ON THE SAME DATE THE TRAVEL WAS COMPLETED.

WHILE IT APPEARS THAT YOUR HOUSEHOLD EFFECTS WERE SHIPPED AT GOVERNMENT EXPENSE, SUCH FACT DOES NOT AFFECT YOUR RIGHT TO REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS. PARAGRAPH 8014 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT SHIPMENT OF HOUSEHOLD EFFECTS MADE AFTER RECEIPT OF COMPETENT CHANGE OF STATION ORDERS, BUT BEFORE THE EFFECTIVE DATE THEREOF, WILL BE FORWARDED OR RETURNED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE IN CASE SUCH ORDERS ARE SUBSEQUENTLY AMENDED OR CANCELLED, PROVIDED SUCH SHIPMENT IS IN THE BEST FORESEEABLE INTEREST OF THE GOVERNMENT AND THE MEMBER. SEE 39 COMP. GEN. 522. THE JOINT TRAVEL REGULATIONS DO NOT HAVE A SIMILAR PROVISION COVERING ADVANCE TRAVEL OF DEPENDENTS.

AS TO YOUR INQUIRY CONCERNING THE POSSIBILITY OF CONSIDERING YOUR DEPENDENTS' TRAVEL REIMBURSABLE ON THE BASIS OF YOUR RETIREMENT WHICH APPARENTLY IS CONTEMPLATED EFFECTIVE JANUARY 1, 1963, YOU ARE ADVISED THAT UNDER APPLICABLE REGULATIONS (PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS) TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPART THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS OR UNTIL THE MEMBER HAS DEFINITE KNOWLEDGE OF AN IMPENDING PERMANENT CHANGE OF STATION. MERE GENERAL INFORMATION OF AN IMPENDING CHANGE, INCLUDING, AS IN YOUR CASE, RETIREMENT, IS NOT CONSIDERED AS SUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATION. COMP. GEN. 241. CONSEQUENTLY THE TRAVEL IN QUESTION MAY NOT PROPERLY BE CONSIDERED REIMBURSABLE ON THE BASIS OF YOUR ANTICIPATED RETIREMENT.

SINCE THERE WAS NO AUTHORITY FOR TRAVEL OF YOUR DEPENDENTS, THE SETTLEMENT OF JUNE 6, 1962, WAS CORRECT AND IS SUSTAINED.