B-153091, DEC. 31, 1963

B-153091: Dec 31, 1963

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THERE WAS RECEIVED YOUR LETTER OF OCTOBER 3. REQUESTING DECISION WHETHER MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL OF HIS NOW DECEASED WIFE IS PAYABLE TO COMMANDER LOUIS W. WAS DETACHED FROM DUTY AT THE NATIONAL NAVAL MEDICAL CENTER. IT IS STATED THAT ON AUGUST 1. WHILE COMMANDER WACHTEL AND HIS DEPENDENTS WERE DRIVING EN ROUTE TO HIS NEW DUTY STATION. THEY WERE INVOLVED IN AN AUTOMOBILE ACCIDENT NEAR WINNEMUCCA. IN WHICH HIS WIFE WAS KILLED. COMMANDER WACHTEL WAS HOSPITALIZED FROM AUGUST 1 TO 5. WHO WAS KILLED EN ROUTE TO HIS NEW DUTY STATION. A MEMBER OF A UNIFORMED SERVICE WHO IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS.

B-153091, DEC. 31, 1963

TO LIEUTENANT (JG) WILLIAM L. WHITE, DISBURSING OFFICER, SAN FRANCISCO NAVAL SHIPYARD:

BY FOURTH INDORSEMENT, DATED DECEMBER 16, 1963, THERE WAS RECEIVED YOUR LETTER OF OCTOBER 3, 1963, FILE REFERENCE 660-411, 4650, WITH ENCLOSURES, REQUESTING DECISION WHETHER MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL OF HIS NOW DECEASED WIFE IS PAYABLE TO COMMANDER LOUIS W. WACHTEL, USNR, 298983, UNDER THE CIRCUMSTANCES PRESENTED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 63-29.

BY BUREAU OF NAVAL PERSONNEL ORDER NO. 007565, DATED MAY 4, 1963, COMMANDER WACHTEL, WHEN RELIEVED AND WHEN DIRECTED, WAS DETACHED FROM DUTY AT THE NATIONAL NAVAL MEDICAL CENTER, BETHESDA 14, MARYLAND, AND DIRECTED TO REPORT TO THE NAVAL RADIOLOGICAL DEFENSE LABORATORY, SAN FRANCISCO, CALIFORNIA, FOR DUTY. PURSUANT TO THESE ORDERS, COMMANDER WACHTEL DEPARTED BETHESDA, MARYLAND, ON JULY 12, 1963, BY PRIVATELY OWNED VEHICLE, ACCOMPANIED BY HIS WIFE, LEONORA, AND HIS SON AND DAUGHTER. IT IS STATED THAT ON AUGUST 1, 1963, WHILE COMMANDER WACHTEL AND HIS DEPENDENTS WERE DRIVING EN ROUTE TO HIS NEW DUTY STATION,THEY WERE INVOLVED IN AN AUTOMOBILE ACCIDENT NEAR WINNEMUCCA, NEVADA, IN WHICH HIS WIFE WAS KILLED. COMMANDER WACHTEL WAS HOSPITALIZED FROM AUGUST 1 TO 5, 1963, AT THE HUMBOLDT COUNTY GENERAL HOSPITAL, WINNEMUCCA, NEVADA, AND THEN PROCEEDED WITH HIS SON AND DAUGHTER TO HIS DUTY STATION AT SAN FRANCISCO, CALIFORNIA, REPORTING FOR DUTY THERE ON AUGUST 5, 1963. PAYMENT OF MILEAGE HAS BEEN MADE FOR THE MEMBER'S TRAVEL AND FOR THE TRAVEL OF HIS SON AND DAUGHTER, BUT YOU EXPRESS DOUBT AS TO ENTITLEMENT TO ANY TRAVEL ALLOWANCE FOR THE MEMBER'S DEPENDENT WIFE, WHO WAS KILLED EN ROUTE TO HIS NEW DUTY STATION.

THE CONTROLLING STATUTE, 37 U.S.C. 406, PROVIDES THAT, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, A MEMBER OF A UNIFORMED SERVICE WHO IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS, TO REIMBURSEMENT THEREFOR, OR TO MONETARY ALLOWANCE IN PLACE OF TRANSPORTATION IN KIND. PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, PROVIDES FOR TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION, EXCEPT SUCH EXPENSE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT (PARAGRAPH 7000-13) FOR ANY TRAVEL OF DEPENDENTS BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE, AND FOR TRAVEL OF OF DEPENDENTS FOR PLEASURE TRIPS OR FOR PURPOSES OTHER THAN WITH THE INTENT TO CHANGE THE DEPENDENT'S RESIDENCE. WHILE COMMANDER WACHTEL'S LATE WIFE DID NOT COMPLETE THE TRAVEL TO HIS NEW DUTY STATION AT SAN FRANCISCO, CALIFORNIA, IT IS CLEAR THAT WHEN THE TRAVEL WAS COMMENCED, THE MEMBER'S WIFE INTENDED TO ESTABLISH A RESIDENCE AT HIS NEW DUTY STATION, AND, IT IS SHOWN THAT SUCH A RESIDENCE HAD BEEN PLANNED AT GOVERNMENT QUARTERS IN THE SAN FRANCISCO NAVAL SHIPYARD, WHICH WOULD HAVE BEEN ESTABLISHED BUT FOR MRS. WACHTEL'S DEATH EN ROUTE. ON THAT BASIS, PAYMENT MAY BE MADE FOR THE TRAVEL PERFORMED BY THE MEMBER'S LATE WIFE FROM BETHESDA, MARYLAND, TO THE PLACE OF HER DEATH NEAR WINNEMUCCA, NEVADA, NOT TO EXCEED THE DISTANCE FROM BETHESDA TO HIS NEW DUTY STATION.

THE MEMBER'S ORIGINAL ORDERS AND SUPPORTING PAPERS ARE RETURNED HEREWITH.