B-150983, JULY 12, 1963, 43 COMP. GEN. 47

B-150983: Jul 12, 1963

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ETC. - TRAVEL COMPLETION WHERE A MEMBER OF THE UNIFORMED SERVICES EN ROUTE TO A NEW PERMANENT DUTY STATION LEAVES HIS DEPENDENTS AT A PLACE WHERE DIVORCE PROCEEDINGS ARE BEGUN AND. WHERE DURING TRAVEL THERE IS A DISRUPTION OF THE MARTIAL STATUS. A DISLOCATION ALLOWANCE ARE PAYABLE. THE MEMBER WAS TRANSFERRED FROM THE U.S. HE WAS AUTHORIZED 30 DAYS' LEAVE. IN YOUR LETTER IT IS STATED THAT THE MEMBER WAS DETACHED FROM HIS DUTY STATION AT VIRGINIA BEACH ON OCTOBER 12. THE MEMBER WAS GRANTED A DECREE OF DIVORCE FROM HIS WIFE AND THAT THE CARE. CUSTODY AND CONTROL OF THEIR TWO MINOR CHILDREN WERE AWARDED TO HIS WIFE. THE MEMBER WAS ORDERED TO PAY HIS WIFE THE SUM OF $77.10 PER MONTH BEGINNING FEBRUARY 1.

B-150983, JULY 12, 1963, 43 COMP. GEN. 47

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DIVORCE, SEPARATION, ETC. - TRAVEL COMPLETION WHERE A MEMBER OF THE UNIFORMED SERVICES EN ROUTE TO A NEW PERMANENT DUTY STATION LEAVES HIS DEPENDENTS AT A PLACE WHERE DIVORCE PROCEEDINGS ARE BEGUN AND, A MONTH LATER, AFTER THE MEMBER HAS GONE ALONE TO THE NEW STATION, UPON BEING GRANTED A DIVORCE DECREE REQUIRING THE MEMBER TO CONTRIBUTE TO THE SUPPORT OF HIS MINOR CHILDREN, HIS FORMER WIFE AND CHILDREN TRAVEL TO ANOTHER LOCATION, THE DEPENDENTS' TRAVEL MAY BE CONSIDERED AS BEING PERFORMED INCIDENT TO THE CHANGE OF STATION FOR PAYMENT OF A DISLOCATION ALLOWANCE PROVIDED, THAT, WHERE DURING TRAVEL THERE IS A DISRUPTION OF THE MARTIAL STATUS, EVIDENCE SHOWS THAT THE MEMBER SUPPLIED OR PAID FOR TRANSPORTATION BEYOND THE PLACE THE DISRUPTION OCCURRED; THEREFORE, A TRAVEL ALLOWANCE NOT TO EXCEED THE COST FROM THE OLD TO THE NEW STATION, AND A DISLOCATION ALLOWANCE ARE PAYABLE.

TO D. M. CHISM, DEPARTMENT OF THE NAVY, JULY 12, 1963:

BY FOURTH INDORSEMENT DATED MAY 1, 1963, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER DATED FEBRUARY 22, 1963, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT TO JAMES H. HARRIS, SK2, 515 57 76, FOR DISLOCATION ALLOWANCE AND TRAVEL ALLOWANCE FOR HIS DEPENDENTS FROM VIRGINIA BEACH, VIRGINIA, TO LOS ANGELES, CALIFORNIA, INCIDENT TO HIS PERMANENT CHANGE OF STATION. YOUR REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 63-12.

BY ORDERS PREPARED SEPTEMBER 26, 1962, THE MEMBER WAS TRANSFERRED FROM THE U.S. FLEET ANTI-AIR WARFARE TRAINING CENTER, DAM NECK, VIRGINIA BEACH, VIRGINIA, TO REPORT NOT LATER THAN NOVEMBER 26, 1962, TO THE U.S.S. JOHN W. THOMASON (DD-760), SAN DIEGO, CALIFORNIA. HE WAS AUTHORIZED 30 DAYS' LEAVE, 11 DAYS' TRAVEL TIME AND 4 DAYS' PROCEED TIME, AND TRAVEL BY PRIVATELY OWNED VEHICLE. IN YOUR LETTER IT IS STATED THAT THE MEMBER WAS DETACHED FROM HIS DUTY STATION AT VIRGINIA BEACH ON OCTOBER 12, 1962, AND THAT, HAVING ROUTED HIS HOUSEHOLD EFFECTS TO SAN DIEGO, HE PROCEEDED WITH HIS DEPENDENTS TOWARD THAT AREA WITH FULL INTENT TO ESTABLISH RESIDENCE THERE. WHILE ON LEAVE IN AUSTIN, TEXAS, HE FOUND IT NECESSARY TO FILE FOR DIVORCE ON NOVEMBER 23, 1962. THE MEMBER REPORTED TO HIS NEW STATION UPON EXPIRATION OF HIS LEAVE ON NOVEMBER 26, 1962, AND YOU INDICATE THAT HIS WIFE AND CHILDREN LEFT AUSTIN ON DECEMBER 23 AND ARRIVED IN LOS ANGELES ON OR ABOUT DECEMBER 26. A COPY OF A JUDGMENT ISSUED BY THE DISTRICT COURT OF TRAVIS COUNTY, TEXAS, 53D JUDICIAL DISTRICT, TRANSMITTED WITH YOUR LETTER, SHOWS THAT ON DECEMBER 24, 1962, THE MEMBER WAS GRANTED A DECREE OF DIVORCE FROM HIS WIFE AND THAT THE CARE, CUSTODY AND CONTROL OF THEIR TWO MINOR CHILDREN WERE AWARDED TO HIS WIFE, SUBJECT TO THE RIGHT OF THE MEMBER TO VISIT THE CHILDREN AT REASONABLE TIMES AND UNDER PROPER CIRCUMSTANCES. THE MEMBER WAS ORDERED TO PAY HIS WIFE THE SUM OF $77.10 PER MONTH BEGINNING FEBRUARY 1, 1963, TOWARD THE SUPPORT AND MAINTENANCE OF THE MINOR CHILDREN UNTIL THEY SHALL ATTAIN THE AGE OF 18 YEARS OR UNTIL THE FURTHER ORDERS OF THE COURT.

THE TRANSPORTATION OF DEPENDENTS INCIDENT TO A MEMBER'S PERMANENT CHANGE OF STATION IS AUTHORIZED UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED AND THE PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER IS AUTHORIZED WHEN DEPENDENTS ARE AUTHORIZED TO MOVE, AND ACTUALLY DO MOVE IN CONNECTION WITH A PERMANENT CHANGE OF STATION. 37 U.S.C. 406 AND 407. PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS, EXCEPT IN SPECIFIED INSTANCES. PARAGRAPH 7057 OF THE REGULATIONS PROVIDES THAT A MEMBER IN RECEIPT OF PERMANENT CHANGE OF STATION ORDERS IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE OLD PERMANENT STATION TO OTHER THAN THE NEW PERMANENT STATION NOT TO EXCEED THE COST FROM THE OLD TO THE NEW STATION. PARAGRAPH 7067 PROVIDES THAT ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS IS BASED ON DEPENDENCY STATUS ON THE EFFECTIVE DATE OF THE CHANGE OF STATION ORDERS, PROVIDED THE START OF THEIR TRAVEL IS NOT DELAYED UNTIL THE DEPENDENCY STATUS NO LONGER EXISTS. PARAGRAPH 3003-1B1 PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS OR THE MEMBER IS GRANTED ADDITIONAL TRAVEL TIME TO PERMIT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, THE AMOUNT OF SUCH LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME WILL BE ADDED TO THE DATE OF RELIEF (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. THIS IS IN ACCORD WITH THE LONG-ESTABLISHED RULE THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER IS REQUIRED TO DEPART FROM HIS OLD STATION TO REACH HIS DESTINATION ON THE DATE DESIGNATED IN THE ORDERS.

SINCE THE MEMBER BEGAN THE DIVORCE ACTION IN AUSTIN, TEXAS, ONLY 3 DAYS BEFORE HE WAS REQUIRED TO REPORT AT HIS NEW STATION ON NOVEMBER 26, 1962, IT IS APPARENT THAT THE TRAVEL OF HIS DEPENDENTS WAS COMMENCED AFTER THE EFFECTIVE DATE OF THE ORDERS OF SEPTEMBER 26, 1962, IN THE DEPENDENCY STATUS EXISTING ON SUCH EFFECTIVE DATE. INASMUCH AS THE MEMBER'S DEPENDENTS HAD COMMENCED THEIR TRAVEL FROM VIRGINIA BEACH PRIOR TO THE INSTITUTION OF THE DIVORCE PROCEEDINGS WITH THE INTENTION OF ESTABLISHING A RESIDENCE AT SAN DIEGO, CALIFORNIA, HIS NEW STATION, WE BELIEVE THAT UNDER THE REGULATIONS THE TRAVEL TO AUSTIN AND FROM THERE TO LOS ANGELES IS TO BE VIEWED AS HAVING BEEN PERFORMED INCIDENT TO HIS PERMANENT CHANGE OF STATION. ALSO, UNDER THE REGULATIONS, THE FACT THAT THE MEMBER'S WIFE AND CHILDREN DID NOT DEPART AUSTIN WITH HIM AND DID NOT TRAVEL FROM THERE TO HIS NEW STATION WOULD NOT AFFECT THE MEMBER'S RIGHT TO THE TRAVEL ALLOWANCE FOR THEM IF OTHERWISE ENTITLED. THE PURPOSE, HOWEVER, OF THE LAW PROVIDING FOR A TRAVEL ALLOWANCE FOR DEPENDENTS IS TO AT LEAST PARTIALLY REIMBURSE THE MEMBER FOR THE EXPENSE OF MOVING HIS DEPENDENTS TO A NEW RESIDENCE INCIDENT TO HIS CHANGED DUTY ASSIGNMENT. ACCORDINGLY, WE BELIEVE THAT IN A CASE SUCH AS THIS, WHERE DURING THE COURSE OF THE TRAVEL THERE HAS BEEN A DISRUPTION OF THE MARITAL STATUS WHICH RELIEVES THE MEMBER OF HIS OBLIGATION TO PROVIDE FOR ONE OR MORE OF HIS DEPENDENTS, A SHOWING THAT THE MEMBER SUPPLIED SUCH DEPENDENT OR DEPENDENTS WITH TRANSPORTATION BEYOND THE POINT WHERE THEY WERE WHEN THE DISRUPTION OCCURRED, OR PERSONALLY MET THE EXPENSES OF SUCH TRANSPORTATION, SHOULD BE REQUIRED AS A CONDITION PRECEDENT TO THE PAYMENT OF TRAVEL ALLOWANCE FOR THE TRANSPORTATION BEYOND THAT POINT. SUBJECT TO THAT LIMITATION, THE MEMBER IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS FROM VIRGINIA BEACH TO LOS ANGELES, NOT TO EXCEED THE COST COMPUTED ON THE DISTANCE FROM VIRGINIA BEACH TO SAN DIEGO. SINCE THE MEMBER WAS NOT RELIEVED OF HIS OBLIGATION TO SUPPORT HIS MINOR CHILDREN AND THEY BEGAN AND COMPLETED TRAVEL TO THE NEW RESIDENCE INCIDENT TO HIS PERMANENT CHANGE OF STATION, HE IS ENTITLED UNDER PARAGRAPH 9002 OF THE JOINT TRAVEL REGULATIONS TO PAYMENT OF A DISLOCATION ALLOWANCE.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT BEING AUTHORIZED TO THE EXTENT INDICATED ABOVE.