B-152106, AUG. 21, 1963

B-152106, AUG. 21, 1963

TO CORPORAL TADAO OCHIAI, USMC:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 4, 1963, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 19, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM TOKYO TO KOZAGUN, JAPAN, ON SEPTEMBER 17, 1961, AND DISLOCATION ALLOWANCE.

THE RECORD SHOWS THAT IN DECEMBER 1960, WHILE YOU WERE STATIONED AT MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA, IN THE GRADE OF LANCE CORPORAL, YOUR WIFE, WHO IS A JAPANESE NATIONAL, RETURNED TO JAPAN BECAUSE OF THE ILLNESS OF HER MOTHER. BY LETTER OF DECEMBER 15, 1960, THE COMMANDING OFFICER OF YOUR SQUADRON AT CHERRY POINT, REQUESTED THE COMMANDING OFFICER, NAVAL AIR STATION, NAVY NO. 3835, C/O FLEET POST OFFICE, SAN FRANCISCO, CALIFORNIA, TO GIVE YOUR WIFE ASSISTANCE IN OBTAINING A COMMISSARY CARD AND CENTRAL EXCHANGE RATION BOOK IN ACCORDANCE WITH PARAGRAPH 11.D OF MARINE CORPS ORDER 1300.8C. THAT ORDER WAS SUPERSEDED BY MARINE CORPS ORDER 1300.8D ON JANUARY 13, 1961. BY SPEED LETTER OF FEBRUARY 23, 1961, THE COMMANDING OFFICER OF NAVY NO. 3835 WAS FURTHER ADVISED THAT YOUR WIFE WAS ENTITLED TO THE PRIVILEGES AS A DEPENDENT PROVIDED BY MARINE CORPS ORDER 1300.8D. BY GROUP SPECIAL ORDER NO. 94-61, DATED JUNE 5, 1961, YOU WERE TRANSFERRED AS A CORPORAL E-4 FROM CHERRY POINT WITH THE SEPTEMBER 1961 REPLACEMENT BATTALION TO MARINE AIRCRAFT GROUP ELEVEN, 1ST MARINE AIRCRAFT WING, FMF, LOCATED IN JAPAN.

ON SEPTEMBER 17, 1961, YOUR WIFE TRAVELED FROM TOKYO TO KOZAGUN, JAPAN, TO JOIN YOU AT YOUR STATION. YOUR CLAIM FOR REIMBURSEMENT FOR HER TRAVEL AND DISLOCATION ALLOWANCE WAS DENIED BY THE MARINE CORPS, AND WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE ON THE BASIS OF MARINE CORPS ORDER 1300.8D. IN YOUR PRESENT LETTER YOU SAY THAT SINCE YOUR WIFE RETURNED TO JAPAN WITH MILITARY APPROVAL AS INDICATED BY THE LETTER OF DECEMBER 15, 1960, AND WAS ALREADY IN THE FAR EAST UPON RECEIPT OF YOUR CHANGE OF STATION ORDERS, YOU DO NOT BELIEVE HER SUBSEQUENT TRAVEL TO RESIDE WITH YOU AT YOUR STATION WAS IN VIOLATION OF MARINE CORPS ORDER 1300.8D.

PARAGRAPH 11, MARINE CORPS ORDER 1300.8D, PROVIDES THAT MEMBERS OF FMF UNITS ASSIGNED TO THE FAR EAST, LESS SUBORDINATE UNITS STATIONED IN HAWAII, ARE NOT AUTHORIZED TO HAVE THEIR DEPENDENTS ACCOMPANY THEM OR "LATER JOIN THEM IN THE FAR EAST FOR THE PURPOSE OF DOMICILE.' IT FURTHER PROVIDES THAT IN THE EVENT DEPENDENTS ELECT TO VISIT MEMBERS AT THEIR OWN EXPENSE WITHOUT MARINE CORPS AUTHORIZATION, SUCH DEPENDENTS WHO JOIN THEIR SPONSORS OVERSEAS WILL BE FURNISHED MEDICAL SERVICE AS PROVIDED BY LAW AND WILL BE PERMITTED TO USE PX AND COMMISSARY FACILITIES WHERE AVAILABLE.

SINCE YOUR WIFE IS A JAPANESE NATIONAL SHE WAS AUTHORIZED TO RETURN TO JAPAN AND WHILE THERE WAS ENTITLED TO CERTAIN PRIVILEGES AS YOUR DEPENDENT PURSUANT TO MARINE CORPS ORDER 1300.8D. THE LETTER OF DECEMBER 15, 1960, WAS MERELY CONCERNED WITH OBTAINING THOSE PRIVILEGES FOR HER, BUT DID NOT CONSTITUTE AUTHORITY FOR HER TRAVEL TO JAPAN AT GOVERNMENT EXPENSE OR TO RESIDE AT YOUR OVERSEAS STATION AS AN AUTHORIZED DEPENDENT. THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE ARMED FORCES AT GOVERNMENT EXPENSE IS NOT AN ABSOLUTE RIGHT BUT IS SUBJECT TO MILITARY CONTROL. IS CLEAR FROM THE PROVISIONS OF MARINE CORPS ORDER 1300.8D THAT DEPENDENTS OF FMF UNITS ASSIGNED TO THE FAR EAST ARE NOT AUTHORIZED TO HAVE THEIR DEPENDENTS JOIN THEM AT THEIR STATION FOR THE PURPOSE OF DOMICILE. THUS, ANY SUCH TRAVEL EVEN WHEN THE DEPENDENT IS ALREADY IN THE FAR EAST MUST BE AT PERSONAL EXPENSE. SUCH BEING THE CASE, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF JUNE 19, 1963, WAS CORRECT AND IS SUSTAINED.