B-150071, DECEMBER 5, 1962, 42 COMP. GEN. 287

B-150071, DECEMBER 5, 1962, 42 COMP. GEN. 287

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - TEMPORARY DUTY - EN ROUTE TO PERMANENT OVERSEAS STATION THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES TO THE TEMPORARY DUTY STATIONS OVERSEAS TO WHICH THE MEMBERS HAVE BEEN ASSIGNED INCIDENT TO AN ORDERED PERMANENT CHANGE OF OVERSEAS STATION IS NOT PROVIDED FOR BY 37 U.S.C. 406, AND, THEREFORE, THERE IS NO AUTHORITY FOR THE PROMULGATION OF REGULATIONS TO PERMIT THE TRAVEL OF DEPENDENTS TO A MEMBER'S PERMANENT DUTY STATION VIA HIS TEMPORARY DUTY POINTS, SUBPARAGRAPH (A) LIMITING THE TRANSPORTATION OF DEPENDENTS INCIDENT TO AN ORDERED PERMANENT CHANGE OF STATION TO THE DISTANCE FROM THE OLD TO THE NEW PERMANENT STATION, AND THE EXCEPTIONS TO THIS GENERAL RULE IN SUBPARAGRAPH (E) APPLYING ONLY TO SITUATIONS WHERE ORDERS HAVE NOT BEEN ISSUED, OR HAVE BEEN ISSUED UNDER CIRCUMSTANCES PRECLUDING THEIR USE AS AUTHORITY FOR THE TRANSPORTATION OF THE MEMBER'S DEPENDENTS.

TO THE SECRETARY OF THE NAVY, DECEMBER 5, 1962:

REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 24, 1962, FROM THE UNDER SECRETARY OF THE NAVY REQUESTING A DECISION AS TO WHETHER DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES MAY TRAVEL AT GOVERNMENT EXPENSE TO TEMPORARY STATIONS OVERSEAS INCIDENT TO TRANSFER OF SUCH MEMBERS TO PERMANENT OVERSEAS DUTY STATIONS. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 62-18, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE UNDER SECRETARY STATES THAT IN MANY INSTANCES MEMBERS OF THE UNIFORMED SERVICES ARE REQUIRED TO PERFORM TEMPORARY DUTY AT MAJOR OVERSEAS COMMAND HEADQUARTERS INCIDENT TO TRANSFER TO PERMANENT DUTY STATIONS OVERSEAS; THAT SUCH TEMPORARY DUTY STATIONS OFTEN ARE NOT ON THE DIRECT ROUTE BETWEEN THE OLD AND NEW PERMANENT DUTY STATIONS AND, AS A CONSEQUENCE, THE DEPENDENTS OF SUCH MEMBERS MAY BE FORCED TO TRAVEL OVER A ROUTE WHICH IS ENTIRELY DIFFERENT FROM THE ROUTE USED BY THE MEMBER, AND MAY ARRIVE AT THE NEW PERMANENT DUTY STATION BEFORE OR AFTER THE ARRIVAL OF THE MEMBER. THE LETTER STATES THAT THE SEPARATE TRAVEL AND ARRIVAL OF MEMBERS AND DEPENDENTS NOT ONLY RESULTS IN HARDSHIP TO THE DEPENDENTS BUT, IN MANY CASES, IS CONSIDERED TO BE NOT IN THE BEST INTERESTS OF THE GOVERNMENT. AS AN EXAMPLE, IT IS STATED THAT THE DEPARTMENT OF THE AIR FORCE HAS REPORTED THAT AIR ATTACHES ARE DIPLOMATICALLY ACCREDITED, AND FOR REASONS OF PROTOCOL MUST, IN MOST INSTANCES, BE ACCOMPANIED BY THEIR WIVES AND CHILDREN UPON ARRIVAL AT THE NEW PERMANENT DUTY STATIONS. THE LETTER FURTHER STATES THAT IT IS CONSIDERED INADVISABLE FOR DEPENDENTS TO TRAVEL IN CERTAIN COUNTRIES IN AN UNACCOMPANIED STATUS. THEREFORE, THE UNDER SECRETARY REQUESTS OUR DECISION AS TO WHETHER, UNDER THE PROVISIONS OF 37 U.S.C. 406, THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO AUTHORIZE THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO THE MEMBER'S TEMPORARY DUTY STATION OVERSEAS AND THENCE TO THE PERMANENT DUTY STATION AT GOVERNMENT EXPENSE. IF THERE IS NO LEGAL OR OTHER OBJECTION TO THE PROMULGATION OF SUCH ENTITLEMENT, IT IS PROPOSED TO AMEND JOINT TRAVEL REGULATIONS TO PROVIDE SUBSTANTIALLY AS FOLLOWS:

7006 DEPENDENT TRAVEL VIA TEMPORARY DUTY STATIONS

WHEN PERMANENT CHANGE-OF-STATION ORDERS INVOLVING ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES DIRECT TEMPORARY DUTY EN ROUTE AT POINTS OUTSIDE THE UNITED STATES AND IT IS CONSIDERED IN THE BEST INTERESTS OF THE GOVERNMENT THAT THE MEMBER BE ACCOMPANIED BY HIS DEPENDENTS, THE MEMBER IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS TO THE PERMANENT DUTY STATION VIA THE TEMPORARY DUTY POINTS; PROVIDED SUCH TRAVEL IS AUTHORIZED OR APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE.

PERTINENT PROVISIONS OF 37 U.S.C. 406 ARE AS FOLLOWS:

(A) A MEMBER OF THE UNIFORMED SERVICE WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS, TO REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE * * *.

(E) WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED, OR WHEN THEY HAVE BEEN ISSUED BUT CANNOT BE USED AS AUTHORITY FOR THE TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS, THE SECRETARIES CONCERNED MAY AUTHORIZE THE MOVEMENT OF DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS AND PRESCRIBE TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE IN PLACE THEREOF, AS THE CASE MAY BE, AS AUTHORIZED UNDER SUBSECTION (A) OR (B) OF THIS SECTION. THIS SUBSECTION MAY BE USED ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES, INCLUDING THOSE IN WHICH---

(1) THE MEMBER IS PERFORMING DUTY AT A PLACE DESIGNATED BY THE SECRETARY CONCERNED AS BEING WITHIN A ZONE FROM WHICH DEPENDENTS SHOULD BE EVACUATED;

(2)ORDERS WHICH DIRECT THE MEMBER'S TRAVEL IN CONNECTION WITH TEMPORARY DUTY DO NOT PROVIDE FOR RETURN TO THE PERMANENT STATION OR DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM HIS PERMANENT STATION; OR

(3) THE MEMBER IS SERVING ON PERMANENT DUTY AT A STATION OUTSIDE THE UNITED STATES, IN HAWAII OR ALASKA, OR ON SEA DUTY.

UNDER SUCH PROVISIONS TRANSPORTATION OF DEPENDENTS IS AUTHORIZED ONLY UPON PERMANENT CHANGE OF STATION, OR UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES WHEN PERMANENT CHANGE OF STATION ORDERS HAVE NOT BEEN ISSUED OR WHEN THEY HAVE BEEN ISSUED BUT CANNOT BE USED AS AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS.

IN DECISION OF APRIL 30, 1958, 37 COMP. GEN. 715, IT WAS HELD THAT UNDER THE LIMITATIONS OF SUBPARAGRAPH (A), QUOTED ABOVE (THEN CODIFIED IN 37 U.S.C. 253 (C) (, TRANSPORTATION OF DEPENDENTS OF MEMBERS INCIDENT TO AN ORDERED PERMANENT CHANGE OF STATION IS LIMITED TO THE DISTANCE FROM THE OLD TO THE NEW PERMANENT STATION AND THAT IN THE ABSENCE OF FURTHER SPECIFIC STATUTORY PROVISION THERE IS NO AUTHORITY FOR THEIR TRANSPORTATION BEYOND THAT LIMITATION. CERTAIN EXCEPTIONS TO THIS GENERAL RULE ARE AUTHORIZED BY THE QUOTED PROVISIONS OF SUBPARAGRAPH (E) OF 37 U.S.C. 406. THE PROVISIONS OF THAT SUBPARAGRAPH, HOWEVER, ARE EXPRESSLY LIMITED TO SITUATIONS WHERE ORDERS HAVE NOT BEEN ISSUED OR WHERE ORDERS HAVE BEEN ISSUED UNDER CIRCUMSTANCES PRECLUDING THEIR USE AS AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS AND THE SITUATIONS PRESENTED IN THE UNDER SECRETARY'S LETTER APPARENTLY INVOLVE ONLY CASES WHERE THE ORDERS ISSUED TO MEMBERS PROVIDE FULL AUTHORITY FOR TRANSPORTING DEPENDENTS INCIDENT TO THE ORDERED PERMANENT CHANGE OF STATION. HENCE, THE PROVISIONS OF SUBPARAGRAPH (3) HAVE NO APPLICATION IN THE SITUATIONS PRESENTED.

ACCORDINGLY, UNDER PRESENT LAW THERE IS NO AUTHORITY FOR CHANGING THE JOINT TRAVEL REGULATIONS AS PROPOSED.