B-150849, MAR. 12, 1963

B-150849, MAR. 12, 1963

TO MR. CLARENCE D. THURBER:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER RELATIVE TO YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRAVEL OF YOUR DEPENDENT (WIFE) BY PRIVATELY OWNED AUTOMOBILE FROM FORT RILEY, KANSAS, TO CAMP MCCOY, WISCONSIN, DURING THE PERIOD MARCH 11 TO 12, 1962, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

BY MOVEMENT ORDER NO. 3, HEADQUARTERS, FORT RILEY, FORT RILEY, KANSAS, DATED MARCH 8, 1962, THE 410TH SIGNAL COMPANY, OF WHICH YOU WERE A MEMBER, WAS ORDERED ON TEMPORARY CHANGE OF STATION FROM FORT RILEY TO REPORT AT CAMP MCCOY, WISCONSIN, MARCH 17, 1962, FOR TEMPORARY DUTY OF APPROXIMATELY 75 DAYS AND UPON COMPLETION OF THE MISSION TO RETURN TO ITS HOME STATION, FORT RILEY. THE ORDERS DIRECTED GROUP TRAVEL, AND STATED THAT TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS WERE NOT AUTHORIZED. BY AN AMENDING ORDER DATED MAY 21, 1962, THE PERIOD OF TEMPORARY DUTY WAS EXTENDED FROM APPROXIMATELY 75 DAYS TO APPROXIMATELY 145 DAYS. BY ORDERS DATED JULY 18, 1962, YOUR UNIT, AS PART OF THE 410TH SIGNAL COMPANY, WAS ORDERED ON PERMANENT CHANGE OF STATION TO PROCEED ON OR ABOUT AUGUST 1, 1962, FROM CAMP MCCOY TO ITS HOME STATION AT WISCONSIN RAPIDS, WISCONSIN. BY OUR CLAIMS DIVISION SETTLEMENT OF DECEMBER 19, 1962, YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS DISALLOWED FOR THE REASON THAT THE ORDERS DIRECTED GROUP TRAVEL IN YOUR CASE, AND SINCE GOVERNMENT CONVEYANCE WAS AVAILABLE FOR TRAVEL FROM FORT RILEY TO CAMP MCCOY REIMBURSEMENT IS NOT AUTHORIZED FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE. YOU SAY THAT YOU WERE DISCHARGED FROM CAMP MCCOY AND NEVER SENT BACK TO FORT RILEY, AND, THEREFORE, YOU HAD TO PAY FOR THE TRAVEL OF YOUR WIFE OUT OF YOUR OWN POCKET.

PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED WHEN THE DEPENDENTS DEPART THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION UNLESS THE VOUCHER IS SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE NUMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE-OF-STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. IT SEEMS CLEAR THAT THE REGULATION CONTEMPLATES THAT TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED UNTIL THE MEMBER HAS DEFINITE KNOWLEDGE OF AN IMPENDING PERMANENT CHANGE OF STATION. MERE GENERAL INFORMATION OF AN IMPENDING CHANGE, INCLUDING RELEASE FROM ACTIVE DUTY, IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATION. SEE 34 COMP. GEN. 241.

THE TEMPORARY DUTY ORDERS OF MARCH 8, 1962, PROVIDED FOR A TEMPORARY ASSIGNMENT OF RELATIVELY SHORT DURATION, UPON THE COMPLETION OF WHICH YOUR COMPANY WAS DIRECTED TO RETURN TO ITS PROPER STATION. ALSO, THE ORDERS STATED THAT TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED. ON THAT BASIS OF THESE ORDERS, THERE WAS NO AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE. WHILE ON MAY 21, 1962, THESE ORDERS WERE AMENDED TO EXTEND THE TEMPORARY DUTY TO APPROXIMATELY 145 DAYS, SUCH EXTENSION OF TEMPORARY DUTY LONG AFTER THE TRAVEL OF YOUR WIFE DOES NOT AFFORD A BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ALSO, IT APPEARS THAT IT WAS NOT UNTIL RECEIPT OF DA MESSAGE 599418 DATED APRIL 27, 1962, THAT YOUR COMPANY RECEIVED OFFICIAL NOTICE OF IMPENDING EARLY RELEASE.

IF YOUR WIFE REMAINED AT OR IN THE VICINITY OF CAMP MCCOY AND TRAVELED THEREFROM TO YOUR HOME AFTER APRIL 27, 1962, AND YOU HAVE NOT BEEN PAID FOR SUCH TRAVEL, YOU MAY BE ALLOWED REIMBURSEMENT FOR TRAVEL FROM CAMP MCCOY TO YOUR HOME OF RECORD, NOT TO EXCEED THE DISTANCE FROM FORT RILEY TO YOUR HOME OF RECORD. YOUR CLAIM FOR THIS TRAVEL SHOULD BE SUBMITTED THROUGH THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF DECEMBER 19, 1962, WAS CORRECT AND IS SUSTAINED.