B-150140, NOV. 29, 1962

B-150140: Nov 29, 1962

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

USAR: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5. YOU WERE ORDERED INTO ACTIVE MILITARY SERVICE EFFECTIVE OCTOBER 15. YOU WERE DIRECTED TO REPORT TO THE MOBILIZATION STATION. YOUR UNIT WAS RELEASED FROM ITS ASSIGNMENT AT THE MOBILIZATION STATION AND ASSIGNED TO THE HOME STATION AT OAKLAND. WAS SPECIFIED FOR THE MAIN BODY OF THE UNIT. WERE ISSUED AT FORT LEWIS RELEASING YOU FROM ACTIVE DUTY EFFECTIVE AUGUST 7. YOU STATE THAT YOU BELIEVE PAYMENT OF THE TRAVEL ALLOWANCE IS IN ACCORDANCE WITH EXISTING REGULATIONS INASMUCH AS THE PRIMARY PURPOSE OF THE TRAVEL WAS TO HAVE YOUR DEPENDENTS WITH YOU AND THEY DID NOT JOIN YOU SOONER FOR THE REASON THAT YOU DID NOT DEEM IT ADVISABLE TO INTERRUPT THEIR SCHOOLING AND TRAVEL WAS DELAYED AT THE END OF THE SCHOOL YEAR BECAUSE YOU ATTENDED AN OFFICER REFRESHER COURSE AT FORT EUSTIS.

B-150140, NOV. 29, 1962

TO LIEUTENANT COLONEL WILLIAM H. MCPHEE, USAR:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5, 1962, REQUESTING RECONSIDERATION OF SETTLEMENT DATED SEPTEMBER 26, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL FROM CONCORD, CALIFORNIA, TO TACOMA, WASHINGTON, ON JUNE 30 AND JULY 1, 1962, AND FOR THEIR RETURN TRAVEL FROM TACOMA TO CONCORD ON AUGUST 1 AND 2, 1962.

AS A MEMBER OF THE UNITED STATES ARMY RESERVE ASSIGNED TO THE 483D TRANSPORTATION BATTALION, OAKLAND, CALIFORNIA, YOU WERE ORDERED INTO ACTIVE MILITARY SERVICE EFFECTIVE OCTOBER 15, 1961, AND BY MOVEMENT ORDER NO. 2 OF HEADQUARTERS, SIXTH UNITED STATES ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, DATED SEPTEMBER 28, 1961, YOU WERE DIRECTED TO REPORT TO THE MOBILIZATION STATION, FORT LEWIS, WASHINGTON, ON OCTOBER 25, 1961. BY MOVEMENT ORDER NO. 51, DATED JUNE 21, 1962, ISSUED BY HEADQUARTERS, FORT LEWIS, WASHINGTON, YOUR UNIT WAS RELEASED FROM ITS ASSIGNMENT AT THE MOBILIZATION STATION AND ASSIGNED TO THE HOME STATION AT OAKLAND, CALIFORNIA, FOR RELIEF FROM ACTIVE DUTY. THE ORDERS PROVIDED FOR THE SUBSEQUENT ISSUANCE OF INDIVIDUAL RELEASE ORDERS AND THE PROCEED DATE OF AUGUST 1, 1962, WAS SPECIFIED FOR THE MAIN BODY OF THE UNIT. ON JULY 27, 1962, SPECIAL ORDERS NO. 164, WERE ISSUED AT FORT LEWIS RELEASING YOU FROM ACTIVE DUTY EFFECTIVE AUGUST 7, 1962.

THE RECORD SHOWS THAT ON JUNE 30, 1962, NINE DAYS AFTER ISSUANCE OF MOVEMENT ORDERS NO. 51, DIRECTING THE RELEASE OF YOUR UNIT FROM ACTIVE DUTY, YOUR DEPENDENTS DEPARTED YOUR HOME AT CONCORD, CALIFORNIA, AND PROCEEDED TO TACOMA, WASHINGTON, WHERE THEY RESIDED IN AN APARTMENT UNTIL AUGUST 1, 1962, ON WHICH DATE THEY DEPARTED TACOMA FOR RETURN TO YOUR PERMANENT RESIDENCE IN CONCORD. YOU STATE THAT YOU BELIEVE PAYMENT OF THE TRAVEL ALLOWANCE IS IN ACCORDANCE WITH EXISTING REGULATIONS INASMUCH AS THE PRIMARY PURPOSE OF THE TRAVEL WAS TO HAVE YOUR DEPENDENTS WITH YOU AND THEY DID NOT JOIN YOU SOONER FOR THE REASON THAT YOU DID NOT DEEM IT ADVISABLE TO INTERRUPT THEIR SCHOOLING AND TRAVEL WAS DELAYED AT THE END OF THE SCHOOL YEAR BECAUSE YOU ATTENDED AN OFFICER REFRESHER COURSE AT FORT EUSTIS, VIRGINIA, DURING THE MIDDLE THREE WEEKS OF JUNE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), PROVIDED AT THE TIME INVOLVED THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. PARAGRAPH 7000-13, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO OTHERWISE AUTHORIZED TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR ANY TRAVEL TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE, AND THAT TRAVEL EXPENSES OF DEPENDENTS FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. THUS, A RIGHT TO TRANSPORTATION OF DEPENDENTS AT THE EXPENSE OF THE GOVERNMENT IS NOT AN ALLOWANCE PAYABLE IN ALL EVENTS ON THE BASIS THAT SOME TRAVEL WAS PERFORMED. EVEN THOUGH TRAVEL IS PERFORMED AND THE DEPENDENTS STAY WITH THE MEMBER FOR A LIMITED PERIOD, NO RIGHT TO REIMBURSEMENT BY THE GOVERNMENT ARISES UNLESS THE TRAVEL MAY BE CONSIDERED AS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AN ORDERED PERMANENT CHANGE OF STATION FOR THE MEMBER IN THE SERVICE. IT CONSISTENTLY HAS BEEN HELD (33 COMP. GEN. 431 AND CASES THERE CITED) THAT THE EXPENSE OF TRAVEL OF DEPENDENTS MERELY FOR THE PURPOSE OF VISITING THE MEMBER, FOR PLEASURE TRIPS, OR FOR OTHER PURPOSES NOT CONTEMPLATING A CHANGE OF THE DEPENDENTS' PRIMARY RESIDENCE IN CONNECTION WITH A CHANGE OF THE MEMBER'S PERMANENT STATION IS NOT AN OBLIGATION OF THE GOVERNMENT.

SINCE ORDERS HAD BEEN ISSUED DIRECTING THE RETURN OF YOUR UNIT TO THE HOME STATION AT OAKLAND FOR RELEASE FROM ACTIVE DUTY AT THE TIME OF YOUR DEPENDENTS' DEPARTURE FROM YOUR HOME AND PERMANENT RESIDENCE IN CONCORD, TO WHICH RESIDENCE YOU RETURNED UPON SEPARATION, YOUR DEPENDENTS' TRAVEL FROM CONCORD TO TACOMA AND RETURN MUST BE REGARDED AS TRAVEL OTHER THAN FOR THE PURPOSE OF CHANGING THEIR RESIDENCE WITHIN THE CONTEMPLATION OF THE ABOVE-CITED PROVISIONS OF LAW AND REGULATIONS. THE FACT THAT PERSONAL CIRCUMSTANCES AND YOUR ATTENDANCE AT THE OFFICER REFRESHER COURSE MAY HAVE PREVENTED YOUR FAMILY FROM JOINING YOU AT YOUR DUTY STATION AT AN EARLIER DATE DOES NOT AFFECT THE APPLICATION OF THOSE PROVISIONS TO THEIR TRAVEL WHEN ACTUALLY PERFORMED. HENCE, NO REIMBURSEMENT FOR SUCH TRAVEL IS AUTHORIZED AND THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT DATED SEPTEMBER 26, 1962, WAS CORRECT AND IS SUSTAINED.