B-152127, AUG. 15, 1963

B-152127: Aug 15, 1963

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THE OFFICER WHEN DIRECTED WAS TO BE DETACHED FROM DUTY AT THE NAVY DEPARTMENT. HE WAS TO PROCEED TO ALBUQUERQUE. HE WAS DETACHED FROM DUTY IN WASHINGTON. IN YOUR LETTER IT IS STATED THAT THE OFFICER'S MOTHER WAS AN ESTABLISHED BONA FIDE DEPENDENT RESIDING IN THE OFFICER'S HOME UPON HIS RECEIPT OF PERMANENT CHANGE OF STATION ORDERS. THAT HIS WIFE PERFORMED TRAVEL AND WAS REIMBURSED AT THE RATE OF SIX CENTS PER MILE. THE OFFICER'S MOTHER SAID SHE WANTED TO STAY ON THE EAST COAST SINCE SHE WAS BORN AND RAISED THERE AND ALL HER FRIENDS WERE IN PHILADELPHIA AND WILMINGTON. THE MOTHER SAYS SHE HAD RECENTLY LEARNED THAT THE SMALL APARTMENT SHE OCCUPIED IN WILMINGTON WOULD NO LONGER BE AVAILABLE TO HER AND SINCE IT WAS ALMOST IMPOSSIBLE FOR HER TO FIND ANOTHER THAT SHE COULD AFFORD.

B-152127, AUG. 15, 1963

TO LIEUTENANT COLONEL H. G. BERKSHIRE, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY THIRD INDORSEMENT DATED JULY 25, 1963, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER DATED APRIL 8, 1963, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT TO CAPTAIN WILLIAM T. GREENHALGH (SC), USN, FOR TRAVEL PERFORMED BY HIS DEPENDENT (MOTHER) FROM WILMINGTON, DELAWARE, TO ALBUQUERQUE, NEW MEXICO, ON DECEMBER 6, 1962. YOUR REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 63-17.

BY ORDERS DATED JANUARY 23, 1959, THE OFFICER WHEN DIRECTED WAS TO BE DETACHED FROM DUTY AT THE NAVY DEPARTMENT, WASHINGTON, D.C., AND HE WAS TO PROCEED TO ALBUQUERQUE, NEW MEXICO, FOR DUTY AS DIRECTOR, MATERIAL CONTROL DIVISION, WITH AUTHORIZATION TO DELAY UNTIL JULY 13, 1959, IN REPORTING THERE. HE WAS DETACHED FROM DUTY IN WASHINGTON, D.C., ON JUNE 26, 1959. IN YOUR LETTER IT IS STATED THAT THE OFFICER'S MOTHER WAS AN ESTABLISHED BONA FIDE DEPENDENT RESIDING IN THE OFFICER'S HOME UPON HIS RECEIPT OF PERMANENT CHANGE OF STATION ORDERS, JANUARY 23, 1959; THAT HIS WIFE PERFORMED TRAVEL AND WAS REIMBURSED AT THE RATE OF SIX CENTS PER MILE; AND THAT HIS MOTHER ELECTED TO RESIDE IN WILMINGTON, DELAWARE, UNTIL DECEMBER 5, 1962, DURING WHICH PERIOD HE CONTRIBUTED MORE THAN 50 PERCENT OF HER SUPPORT. THE OFFICER'S MOTHER SAID SHE WANTED TO STAY ON THE EAST COAST SINCE SHE WAS BORN AND RAISED THERE AND ALL HER FRIENDS WERE IN PHILADELPHIA AND WILMINGTON. IN A STATEMENT OF JANUARY 3, 1963, THE MOTHER SAYS SHE HAD RECENTLY LEARNED THAT THE SMALL APARTMENT SHE OCCUPIED IN WILMINGTON WOULD NO LONGER BE AVAILABLE TO HER AND SINCE IT WAS ALMOST IMPOSSIBLE FOR HER TO FIND ANOTHER THAT SHE COULD AFFORD, SHE DECIDED, IN ANSWER TO HER SON'S URGINGS, TO COME AND LIVE WITH HIM. ON DECEMBER 6, 1962, THE OFFICER'S MOTHER TRAVELED FROM WILMINGTON TO ALBUQUERQUE FOR THE PURPOSE OF RESIDING IN THE HOUSEHOLD OF THE OFFICER.

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. 37 U.S.C. 406. PARAGRAPH 7000- 12 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME INVOLVED, PROVIDES THAT A MEMBER IS NOT ENTITLED TO TRANSPORTATION TO HIS NEW DUTY STATION OF A DEPENDENT PARENT WHO DOES NOT ACTUALLY RESIDE IN THE HOUSEHOLD OF THE MEMBER UNLESS AUTHORIZED OR APPROVED BY THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE. IN THE ABSENCE OF SUCH AUTHORIZATION OR APPROVAL, THIS PROVISION PRECLUDES THE TRANSPORTATION AT GOVERNMENT EXPENSE OF AN OTHERWISE ELIGIBLE DEPENDENT PARENT WHO DOES NOT ACTUALLY RESIDE IN THE HOUSEHOLD OF THE MEMBER AT OR IN THE VICINITY OF HIS OLD DUTY STATION. IT IS RECOGNIZED THAT SITUATIONS WILL ARISE WHEN THE DEPENDENT PARENT'S RESIDENCE WILL NOT BE IN THE MEMBER'S HOUSEHOLD BECAUSE OF VARIOUS REASONS SUCH AS OVERSEAS ORDERS, REASONS OF HEALTH, ETC. IN SUCH SITUATIONS THE TRAVEL EXPENSES OF THE DEPENDENT PARENT INCIDENT TO THE MEMBER'S PERMANENT CHANGE OF STATION ARE REIMBURSABLE IF THE TRAVEL IS AUTHORIZED IN ADVANCE OR SUBSEQUENTLY APPROVED BY THE APPROPRIATE OFFICIAL. SEE 39 COMP. GEN. 335, AND CURRENT REGULATIONS.

IN THE PRESENT CASE, THE DEPENDENT PARENT TRAVELED FROM THE HOME ESTABLISHED BY THE OFFICER WHILE HE WAS ON DUTY IN WASHINGTON, D.C., TO ESTABLISH HER OWN RESIDENCE IN WILMINGTON, DELAWARE, FOR PERSONAL REASONS. THIS WAS NEITHER A TEMPORARY NOR AN INVOLUNTARY INTERRUPTION, THE PARENT APPARENTLY CONTINUING TO LIVE AWAY FROM HER SON'S HOME IN HER OWN APARTMENT FROM JULY 1959, UNTIL SHE WENT TO LIVE IN HIS HOUSEHOLD IN ALBUQUERQUE ON DECEMBER 6, 1962. WHILE HIS MOTHER WAS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE WHEN THE OFFICER WAS ORDERED TO ALBUQUERQUE IN JANUARY 1959, REIMBURSEMENT FOR HER TRANSPORTATION MAY NOT BE AUTHORIZED FROM WILMINGTON TO ALBUQUERQUE SINCE SHE HAD ESTABLISHED HER OWN RESIDENCE IN WILMINGTON AND THE TRAVEL DOES NOT APPEAR TO HAVE BEEN AUTHORIZED OR APPROVED AS PROVIDED BY THE REGULATIONS.

ACCORDINGLY, PAYMENT OF THE CLAIM IS NOT AUTHORIZED AND THE CLAIM TOGETHER WITH THE SUPPORTING DOCUMENTS, OTHER THAN THE OFFICER'S ORIGINAL ORDERS RETURNED HEREWITH, WILL BE RETAINED HERE.