B-150506, APR. 2, 1963

B-150506, APR. 2, 1963

TO MAJOR WILLIAM W. MCDANNEL, USAF:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 2, 1962, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF JUNE 9, 1958, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $636 COLLECTED FROM YOU REPRESENTING AN ERRONEOUS OVERPAYMENT RECEIVED AS MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOUR DEPENDENTS' TRAVEL FROM SELMA, ALABAMA, TO FORT HAMILTON, NEW YORK, VIA WHITTIER, CALIFORNIA, INCIDENT TO YOUR ASSIGNMENT TO DUTY AT A STATION OVERSEAS.

BY PARAGRAPH 14, SPECIAL ORDERS NO. 8, HEADQUARTERS, 3615TH FLYING TRAINING WING (ATC), CRAIG AIR FORCE BASE, ALABAMA, DATED JANUARY 10, 1955, YOU WERE RELIEVED FROM DUTY AT THAT STATION AND ASSIGNED TO 38TH BOMB. WING, U.S. AIR FORCE IN EUROPE. THE ORDERS PROVIDED FOR YOU TO REPORT NOT LATER THAN MARCH 14, 1955, AT RANDOLPH AIR FORCE BASE, TEXAS, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF APPROXIMATELY 10 WEEKS AND UPON COMPLETION TO REPORT FOR FURTHER TEMPORARY DUTY FOR FERRY DUTY AND THENCE TO PROCEED TO YOUR OVERSEAS STATION. BY PARAGRAPH 5, SPECIAL ORDERS NO. 80 OF THE SAME COMMAND, DATED MARCH 29, 1955, YOUR ORDERS OF JANUARY 10, 1955, WERE AMENDED TO PROVIDE FOR THE TRANSPORTATION OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION UPON CALL OF THE PORT COMMANDER AT FORT HAMILTON, NEW YORK. THE ORDER STATED THAT YOUR DEPENDENTS, THEN LOCATED AT MARRIED OFFICERS' QUARTERS, CRAIG AIR FORCE BASE, WERE AUTHORIZED BY MESSAGE DATED MARCH 21, 1955, FROM HEADQUARTERS, 38TH BOMB. WING, LAON AIR BASE, FRANCE, TO TRAVEL OVERSEAS SUBSEQUENT TO BUT WITHIN 60 DAYS OF MOVEMENT OF PRINCIPAL. DEPENDENTS WERE REQUESTED TO BE AVAILABLE FOR PORT CALL ON OR AFTER JULY 15, 1955, FOR TRANSPORTATION TO DESTINATION. BY MESSAGE DATED MAY 25, 1955, WHILE THEY STILL WERE AT CRAIG AIR FORCE BASE, YOUR DEPENDENTS WERE ADVISED TO REPORT TO FORT HAMILTON, NEW YORK, AT 12 NOON ON AUGUST 15, 1955. AN ITINERARY OF YOUR DEPENDENTS' TRAVEL SHOWS THEY LEFT SELMA, ALABAMA, ON MAY 31, 1955, ARRIVED AT WHITTIER, CALIFORNIA, JULY 5, 1955, DEPARTED WHITTIER AUGUST 14, 1955, AND ARRIVED AT FORT HAMILTON, NEW YORK, THE SAME DAY. THE VOUCHER EVIDENCING PAYMENT SHOWED THAT YOU WERE PAID TRANSPORTATION ALLOWANCE ON A MILEAGE BASIS FOR DEPENDENTS' TRAVEL FOR THE DISTANCE FROM SELMA, ALABAMA, TO WHITTIER, CALIFORNIA, THENCE TO FORT HAMILTON, NEW YORK, FOR A TOTAL OF $811.95, AND AS A RESULT OF A NOTICE OF EXCEPTION BY OUR OFFICE THE TRANSPORTATION ALLOWANCE WAS LIMITED TO THE DISTANCE FROM CRAIG AIR FORCE BASE, ALABAMA, TO FORT HAMILTON, NEW YORK, AND FROM ORLY FIELD, FRANCE, TO LAON, FRANCE. COLLECTION OF THE OVERPAYMENT OF $636 WAS EFFECTED ON YOUR MILITARY PAY RECORD FEBRUARY 5, 1957.

IN YOUR CLAIM FOR REFUND OF THE AMOUNT COLLECTED, YOU STATED THAT YOUR DEPENDENTS REMAINED AT CRAIG AIR FORCE BASE UNTIL MAY 29, 1955, AND THAT AFTER YOUR GRADUATION ON JUNE 29, 1955, YOU ACCOMPANIED THEM TO YOUR HOME OF RECORD WHERE THEY WERE TO AWAIT THE PORT CALL. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 9, 1958, FOR THE REASON THAT APPLICABLE REGULATIONS CONTEMPLATE THE AUTHORIZATION OF DEPENDENTS' TRANSPORTATION TO A PLACE OTHER THAN THE NEW OVERSEAS STATION ONLY UNDER CIRCUMSTANCES WHERE TRAVEL TO THE NEW STATION WILL BE DELAYED FOR AN EXTENDED AND INDEFINITE PERIOD SO THAT AN INTERIM RESIDENCE MIGHT BE ESTABLISHED FOR THE DEPENDENTS WHILE AWAITING AUTHORIZATION TO PROCEED TO THE NEW STATION, AND THAT SINCE YOUR DEPENDENTS RECEIVED THE AUTHORIZATION AND NOTICE TO REPORT AT THE NEW YORK PORT OF EMBARKATION FOR OVERSEAS TRAVEL WHILE THEY WERE STILL AT CRAIG AIR FORCE BASE, THEIR TRAVEL TO WHITTIER, CALIFORNIA, PERFORMED AFTER AUTHORIZATION AND NOTICES WERE GIVEN, WAS NOT FOR THE PURPOSE OF ESTABLISHING A TEMPORARY RESIDENCE AT THEIR HOME WITHIN THE MEANING OF THOSE REGULATIONS.

IN YOUR RECENT LETTER YOU STATED THAT NEITHER YOU NOR YOUR DEPENDENTS WERE NOTIFIED OF THE PORT CALL PRIOR TO YOUR DEPARTURE IN MARCH OR THEIR DEPARTURE IN MAY. IN SUBSTANTIATION, YOU FORWARDED A COPY OF THE MESSAGE DATED MAY 25, 1955, ANNOUNCING THE PORT CALL FOR AUGUST 15, 1955, WHICH APPARENTLY WAS STAMPED ON THE REVERSE SIDE AS HAVING BEEN RECEIVED AT THE CRAIG AIR FORCE BASE IN JULY 1955. ALSO YOU STATED THAT YOU HAD INTENDED FROM TIME OF RECEIPT OF ORIGINAL ORDERS TO SEND YOUR FAMILY TO YOUR HOME IN CALIFORNIA TO STAY UNTIL THEY COULD JOIN YOU.

PARAGRAPH 7008-2, JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD OF TRAVEL, PROVIDES THAT WHERE DEPENDENTS ARE AUTHORIZED TO AND DO TRAVEL AT THE SAME TIME THE MEMBER TRAVELS TO THE OVERSEAS PERMANENT STATION, WHETHER THEY TRAVEL TOGETHER OR SEPARATELY, THE MEMBER SHALL BE ENTITLED TO TRANSPORTATION OF THE DEPENDENTS AT GOVERNMENT EXPENSE FROM THE POINT WHERE THEY ARE LOCATED UPON RECEIPT OF CHANGE OF STATION ORDERS TO THE APPROPRIATE PORT OF EMBARKATION, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO THE PORT AND FROM THE PORT TO THE OVERSEAS PERMANENT STATION. PARAGRAPH 7008-3 PROVIDES THAT WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE PLACE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF THE CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO SUCH DESIGNATED PLACE, AND LATER FROM THE DESIGNATED PLACE TO THE MEMBER'S OVERSEAS STATION, VIA THE APPROPRIATE PORT OF EMBARKATION. IMPLEMENTING REGULATIONS CONTAINED IN AIR FORCE REGULATIONS 75-26 PRIOR TO JULY 1, 1955, PROVIDE THAT EXCEPT FOR AUTOMATIC CONCURRENT TRAVEL, WHICH IS NOT APPLICABLE HERE, ADVANCE APPLICATION FOR DEPENDENTS' TRAVEL TO AN OVERSEAS STATION SHOULD BE FILED BY THE MEMBER FOR CONSIDERATION OF THE OVERSEAS STATION COMMANDER. UNDER SUCH REGULATIONS, THE COMMANDER MAY EITHER APPROVE TRAVEL TO BE PERFORMED CONCURRENTLY OR WITHIN 60 DAYS OF PRINCIPAL'S DEPARTURE, OR DENY THE APPLICATION IF TRAVEL OF DEPENDENTS DURING THAT PERIOD IS NOT POSSIBLE. THE APPROVAL OF DEPENDENTS' TRAVEL TO BE PERFORMED CONCURRENTLY OR WITHIN 60 DAYS OF PRINCIPAL'S DEPARTURE IS CONSIDERED AS APPROVAL FOR DEPENDENTS TO TRAVEL AT THE SAME TIME THE MEMBER TRAVELS TO THE OVERSEAS PERMANENT STATION WITHIN THE MEANING OF PARAGRAPH 7008-2, JOINT TRAVEL REGULATIONS. PARAGRAPH 26D OF AIR FORCE REGULATIONS 75-26 PROVIDES THAT AFTER SUBMISSION OF APPLICATION FOR MOVEMENT OF DEPENDENTS OVERSEAS, UNLESS SUCH APPLICATION IS DISAPPROVED, THE SPONSOR IS NOT AUTHORIZED TO MOVE HIS DEPENDENTS TO A "DESIGNATED LOCATION.'

THE RECORD SHOWS THAT WHILE YOUR DEPENDENTS WERE STILL AT CRAIG AIR FORCE BASE, YOU AND YOUR DEPENDENTS WERE NOTIFIED BY ORDERS OF MARCH 29, 1955, THAT THEIR TRAVEL TO YOUR OVERSEAS STATION, TO BE PERFORMED WITHIN 60 DAYS OF YOUR TRAVEL OVERSEAS, WAS APPROVED. ACCORDINGLY, YOU WERE NOT AUTHORIZED TO MOVE YOUR DEPENDENTS TO A DESIGNATED LOCATION AT GOVERNMENT EXPENSE, EVEN THOUGH ACTUAL RECEIPT OF THE PORT CALL MAY HAVE BEEN DELAYED, AND, IN ACCORDANCE WITH PARAGRAPH 7008-2 OF THE JOINT TRAVEL REGULATIONS, YOUR ENTITLEMENT TO DEPENDENTS' TRAVEL WAS LIMITED TO THE DISTANCE FROM CRAIG AIR FORCE BASE, ALABAMA, THE POINT WHERE THEY WERE LOCATED UPON RECEIPT OF CHANGE OF STATION ORDERS, TO FORT HAMILTON, NEW YORK, PORT OF EMBARKATION, AND FROM THE OVERSEAS PORT TO THE OVERSEAS PERMANENT STATION. THE VOUCHER MAKING PAYMENT FOR THE TRAVEL PERFORMED HAS BEEN PROPERLY ADJUSTED TO SHOW PAYMENT FOR THE DISTANCE INDICATED ABOVE, AND THE SETTLEMENT OF JUNE 9, 1958, THAT DISALLOWED YOUR CLAIM FOR REFUND OF THE OVERPAYMENT WHICH WAS COLLECTED, WAS CORRECT AND IS SUSTAINED.