B-151962, AUG. 9, 1963, 43 COMP. GEN. 152

B-151962, AUG. 9, 1963, 43 COMP. GEN. 152

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - ILLNESS A NAVY MEMBER'S DEPENDENTS WHO WERE AUTHORIZED, INCIDENT TO A MINOR CHILD'S ILLNESS, TO RETURN FROM AN OVERSEAS STATION TO A PLACE IN THE UNITED STATES FOR THE DEPENDENT'S HOSPITALIZATION, AND WHO SUBSEQUENTLY TRAVEL TO THE MEMBER'S HOME OF RECORD INCIDENT TO THE CHILD'S DEATH AND BURIAL MAY NOT HAVE THE TRAVEL BEYOND THE PLACE OF HOSPITALIZATION DESIGNATED AS THE ULTIMATE DESTINATION IN THE ORDERS ISSUED UNDER PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS REGARDED AS AUTHORIZED TRAVEL FOR REIMBURSEMENT PURPOSES AND, THEREFORE, THE TRAVEL ALLOWANCE PAYABLE TO THE MEMBER IS LIMITED TO THE COST OF THE DEPENDENTS' TRAVEL FROM THE OVERSEAS STATION TO THE PLACE OF HOSPITALIZATION AND FROM THERE TO THE MEMBER'S NEW STATION UNDER ORDERS WHICH AUTHORIZED HIS REASSIGNMENT TO A DUTY STATION IN THE UNITED STATES.

TO LIEUTENANT (JG) N. PETRICK, DEPARTMENT OF THE NAVY, AUGUST 9, 1963:

BY FIFTH INDORSEMENT DATED JULY 1, 1963, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED HERE YOUR LETTER OF APRIL 29, 1963, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION CONCERNING THE PROPRIETY OF PAYMENT FOR DEPENDENTS' TRAVEL IN THE CASE OF LIEUTENANT DARRELL C. TROUTMAN, USN, UNDER THE CIRCUMSTANCES DISCLOSED. THE REQUEST FOR DECISION WAS ASSIGNED CONTROL NO. 63-16 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE RECORD SHOWS THAT THE OFFICER'S DEPENDENTS WERE AT HIS DUTY STATION WITH HIM IN ATSUGI, JAPAN, WHEN HIS SON BECAME ILL AND HAD TO BE MEDICALLY EVACUATED TO CONTINENTAL UNITED STATES. BY ORDERS DATED JANUARY 31, 1963, ISSUED PURSUANT TO PROVISIONS OF PARAGRAPH 7009-3, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME, LIEUTENANT TROUTMAN'S WIFE AND THREE CHILDREN, LESS THAN 5 YEARS OF AGE, WERE AUTHORIZED ADVANCE RETURN TO THE UNITED STATES FROM JAPAN AND FURTHER TRANSPORTATION TO OAKLAND, CALIFORNIA. IN SUPPORT OF HIS CLAIM, THE OFFICER STATES THAT HIS SON WAS HOSPITALIZED AT THE U.S. NAVAL HOSPITAL, OAKLAND, WHERE HIS DEATH OCCURRED, AFTER WHICH THE FAMILY ACCOMPANIED THE REMAINS TO WINSIDE, NEBRASKA, FOR BURIAL. THE OFFICER EXPRESSES THE VIEW THAT HIS DEPENDENTS' TRAVEL WAS CONTINGENT UPON THE CIRCUMSTANCES OF HIS SON'S ILLNESS AND THAT THE ULTIMATE DESTINATION OF SUCH TRAVEL WAS UNKNOWN WHEN THE ORDERS WERE REQUESTED. BY ORDERS DATED FEBRUARY 1, 1963, THE OFFICER WAS TRANSFERRED TO MONTEREY, CALIFORNIA, FOR WHAT APPARENTLY WAS AN INDETERMINATE TEMPORARY DUTY ASSIGNMENT.

IN YOUR LETTER OF APRIL 29, 1963, IT IS STATED THAT SINCE PARAGRAPH 7009- 3 (3) IS NONEXISTENT IN THE JOINT TRAVEL REGULATIONS AND BECAUSE OF THE CIRCUMSTANCES INVOLVED, IT IS BELIEVED THAT THE ORDER-ISSUING ACTIVITY INTENDED TO SPECIFY PARAGRAPH 7103-2, CASE 1, AS THE AUTHORITY FOR THE ISSUANCE OF ORDERS. ALSO, YOU SAY THAT YOU BELIEVE THAT THE ORDER-ISSUING ACTIVITY WOULD HAVE AUTHORIZED TRANSPORTATION OF DEPENDENTS TO WINSIDE, NEBRASKA, THE HOME OF RECORD, HAD THE DEATH OF LIEUTENANT TROUTMAN'S SON BEEN ANTICIPATED, AND THAT OAKLAND, CALIFORNIA, WOULD HAVE BEEN AN INTERMEDIATE PLACE OF DELAY.

YOUR QUESTION APPEARS TO BE WHETHER LIEUTENANT TROUTMAN MAY BE REIMBURSED FOR HIS DEPENDENTS' TRAVEL FROM ATSUGI, JAPAN, TO WINSIDE, NEBRASKA, AND THENCE TO MONTEREY, CALIFORNIA, OR WHETHER REIMBURSEMENT FOR HIS DEPENDENTS' TRAVEL MUST BE BASED ON THE DISTANCE FROM ATSUGI, JAPAN, TO OAKLAND, CALIFORNIA, AND THENCE TO MONTEREY, CALIFORNIA.

IT IS STATED IN THE FIFTH INDORSEMENT DATED JULY 1, 1963, TO YOUR LETTER OF APRIL 29, 1963, THAT PARAGRAPH 7009-3 (C) OF THE JOINT TRAVEL REGULATIONS, CITED IN PARAGRAPH 8 OF THE TRAVEL ORDERS OF JANUARY 31, 1963, WAS THE PROPER REGULATION IN EFFECT AT THE TIME THE ORDERS WERE ISSUED. BY CHANGE 123 DATED FEBRUARY 1, 1963, THAT PARAGRAPH WAS RENUMBERED AS PARAGRAPH 7103-2.

THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO WHICH MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED IS LIMITED TO THAT AUTHORIZED BY APPLICABLE LAW AND REGULATIONS. UNDER THE PERTINENT STATUTE, 37 U.S.C. 406 (E), IT IS PROVIDED THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION HAVE NOT BEEN ISSUED, THE SECRETARIES CONCERNED MAY AUTHORIZE THE MOVEMENT OF THE DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS AND PRESCRIBE TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE IN PLACE THEREOF, IN CASES INVOLVING UNUSUAL OR EMERGENCY CIRCUMSTANCES INCLUDING THOSE IN WHICH THE MEMBER IS SERVING ON PERMANENT DUTY AT A STATION OUTSIDE THE UNITED STATES, IN HAWAII OR ALASKA, OR ON SEA DUTY.

PERTINENT PROVISIONS OF PARAGRAPH 7009-3 (CHANGE 109) OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME THE TRAVEL HERE IN QUESTION WAS AUTHORIZED, PROVIDE THAT A MEMBER, REGARDLESS OF RANK OR GRADE, WHO IS PERMANENTLY STATIONED OUTSIDE THE UNITED STATES MAY REQUEST THE ADVANCE RETURN OF HIS DEPENDENTS TO AN APPROPRIATE DESTINATION IN THE UNITED STATES WHEN THE DEPENDENT IS SERIOUSLY ILL AND REQUIRES MEDICAL TREATMENT WHICH IS NOT AVAILABLE AT HIS DUTY STATION. IT FURTHER PROVIDES THAT THE ORDER-ISSUING AUTHORITY WILL DETERMINE THE APPROPRIATE DESTINATION TO WHICH TRAVEL WILL BE AUTHORIZED AND WILL INSURE THAT A REASONABLE RELATIONSHIP EXISTS BETWEEN THE CONDITIONS AND CIRCUMSTANCES IN THE CASE AND THE DESTINATION TO WHICH TRAVEL IS AUTHORIZED. IT ALSO PROVIDES THAT THE ORDER-ISSUING AUTHORITY WILL CITE IN THE RELATED ORDERS AUTHORIZING DEPENDENTS' TRAVEL THE SPECIFIC ITEM OF THE SUBPARAGRAPH APPLICABLE IN THE PARTICULAR CASE.

THE PLAIN TERMS OF THE ABOVE-CITED REGULATIONS RESTATED IN THE TRAVEL AUTHORIZATION FOR THE OFFICER'S DEPENDENTS, CLEARLY LIMIT REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS TO EXPENSES INCURRED FOR TRAVEL PERFORMED BY THE DEPENDENTS FROM THE MEMBER'S DUTY STATION TO THE DESIGNATED PLACE AND ULTIMATE DESTINATION. THE ABOVE-MENTIONED DEPENDENT TRAVEL AUTHORIZATION OF JANUARY 31, 1963, EXPRESSLY DESIGNATED OAKLAND, CALIFORNIA, AS THE DESIGNATED PLACE AND ULTIMATE DESTINATION. NO FURTHER TRAVEL AT GOVERNMENT EXPENSE WAS AUTHORIZED UNDER THAT AUTHORIZATION.

WHILE THE DEATH OF THE OFFICER'S SON IN OAKLAND, CALIFORNIA, WAS AN UNFORESEEN EVENT WHICH REQUIRED TRAVEL TO A FURTHER POINT, SUCH FACTOR WAS NOT INVOLVED IN THE TRAVEL AUTHORIZATION AND CONSEQUENTLY GAVE NO RIGHT TO REIMBURSEMENT FOR TRAVEL TO A PLACE OTHER THAN THAT DESIGNATED. THEREFORE, THERE IS NO AUTHORITY FOR PAYMENT OF HIS DEPENDENTS' TRANSPORTATION FROM OAKLAND TO WINSIDE, NEBRASKA, AND FROM THERE TO HIS NEW DUTY STATION AT MONTEREY, CALIFORNIA. UNDER THE CIRCUMSTANCES, HIS RIGHT TO TRAVEL ALLOWANCE FOR HIS DEPENDENTS WAS LIMITED BY THE DEPENDENTS' TRAVEL AUTHORIZATION OF JANUARY 31, 1963, TO TRANSPORTATION AT GOVERNMENT EXPENSE FROM HIS OLD PERMANENT DUTY STATION TO OAKLAND, CALIFORNIA, AND, IF OTHERWISE PROPER, FROM THERE TO MONTEREY, CALIFORNIA, UNDER THE REASSIGNMENT ORDERS OF FEBRUARY 1, 1963. GOVERNMENT TRANSPORTATION WAS FURNISHED FROM JAPAN TO OAKLAND.

ACCORDINGLY, LIEUTENANT TROUTMAN MAY BE PAID THE TRAVEL ALLOWANCE IN THE PROPER AMOUNT FOR HIS DEPENDENT WIFE'S TRAVEL FROM OAKLAND, CALIFORNIA, TO MONTEREY, CALIFORNIA. THE SUPPORTING PAPERS SUBMITTED WITH YOUR REQUEST ARE RETURNED.