B-154518, AUGUST 7, 1964, 44 COMP. GEN. 67

B-154518, AUGUST 7, 1964, 44 COMP. GEN. 67

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - CADETS, MIDSHIPMEN, ETC. - AVIATION CADETS AN AVIATION CADET ORDERED TO ACTIVE DUTY FROM CIVILIAN LIFE UNDER THE AUTHORITY OF 10 U.S.C. 6911, WHOSE DEPENDENT WIFE TRAVELED FROM THEIR HOME TO HIS FIRST PERMANENT DUTY STATION PRIOR TO THE DATE HE RECEIVED HIS COMMISSION AS AN OFFICER IS NOT ENTITLED AFTER HE IS COMMISSIONED TO REIMBURSEMENT FOR THE COST OF HIS DEPENDENT'S TRAVEL, THE GRADE OF AVIATION CADET--- A SPECIAL ENLISTED GRADE IN THE NAVAL SERVICE--- ONLY ENTITLING THE CADET TO THE SAME ALLOWANCES, PENSIONS, GRATUITIES, AND OTHER BENEFITS PROVIDED FOR ENLISTED MEMBERS IN PAY GRADE E-4, WITH 4 YEARS' SERVICE OR LESS; THEREFORE, PURSUANT TO 10 U.S.C. 6912 (SUPP. V) AND PARAGRAPH 7000-1, JOINT TRAVEL REGULATIONS, THE CADET IS IN AN INELIGIBLE PAY GRADE FOR ENTITLEMENT TO THE TRANSPORTATION AT GOVERNMENT EXPENSE OF HIS DEPENDENT WIFE FROM HOME TO HIS FIRST DUTY STATION AND HE MAY NOT BE REIMBURSED FOR THE COST OF HER TRAVEL, THE RIGHT TO REIMBURSEMENT ACCRUING ONLY WHEN HE WAS COMMISSIONED.

COMPTROLLER CAMPBELL TO THE SECRETARY OF THE NAVY, AUGUST 7, 1964:

FURTHER REFERENCE IS MADE TO LETTER OF JUNE 5, 1964, WITH ENCLOSURES, FROM THE UNDER SECRETARY OF THE NAVY, REQUESTING A DECISION WHETHER A MEMBER WHO IS ORDERED TO ACTIVE DUTY FROM CIVIL LIFE IN THE GRADE OF AVIATION CADET UNDER THE AUTHORITY OF 10 U.S.C. 6911 MAY BE REIMBURSED AFTER HE HAS RECEIVED HIS COMMISSION FOR THE TRAVEL OF HIS DEPENDENT WIFE, PERFORMED PRIOR TO THE DATE HE RECEIVES HIS COMMISSION, FROM THEIR HOME TO HIS FIRST PERMANENT DUTY STATION. THIS REQUEST WAS ASSIGNED CONTROL NO. 64-19 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE UNDER SECRETARY HAS CITED OUR DECISIONS 39 COMP. GEN. 76 AND B 151587, DATED AUGUST 6, 1963 (43 COMP. GEN. 133), ADDRESSED TO THE SECRETARY OF THE AIR FORCE, AS AUTHORITY FOR REIMBURSEMENT FOR THE TRAVEL OF AN AVIATION CADET'S DEPENDENT WIFE, AFTER HE IS COMMISSIONED, FROM THEIR HOME OF RECORD TO FIRST PERMANENT DUTY STATION, BUT EXPRESSES DOUBT AS TO WHETHER REIMBURSEMENT IS AUTHORIZED WHEN SUCH TRAVEL IS PERFORMED PRIOR TO THE DATE HE IS COMMISSIONED. IN THIS CONNECTION THE UNDER SECRETARY PRESENTS THE CASE OF A MEMBER WHO AFTER BEING ORDERED FROM HIS HOME IN LONG BEACH, CALIFORNIA, TO REPORT TO THE CHIEF OF NAVAL AIR BASIC TRAINING, PENSACOLA, FLORIDA, ON OCTOBER 16, 1963, FOR ACTIVE DUTY, COMPLETED HIS INITIAL PERIOD OF BASIC AIR TRAINING AS AN AVIATION CADET AND RECEIVED HIS COMMISSION AS AN ENSIGN IN THE NAVAL RESERVE ON FEBRUARY 28, 1964. EFFECTIVE THE LATTER DATE, HE WAS DESIGNATED AS A STUDENT NAVAL AVIATOR AND DETAILED FOR FURTHER ACTIVE DUTY AT PENSACOLA UNDER INSTRUCTION IN A FLYING STATUS FOR A PERIOD IN EXCESS OF 20 WEEKS. THE COPIES OF PAPERS AND DOCUMENTS ACCOMPANYING THE UNDER SECRETARY'S LETTER SHOW THAT THE MEMBER'S DEPENDENT WIFE DEPARTED FROM LONG BEACH ON DECEMBER 27, 1963, AND ARRIVED IN PENSACOLA ON JANUARY 2, 1964, AND THAT HE WAS PAID $124.50 AS REIMBURSEMENT FOR HIS WIFE'S TRAVEL ON THE BASIS OF 2,075 MILES AT 6 CENTS PER MILE. IT IS STATED THAT THE PROPRIETY OF THIS PAYMENT HAS BEEN QUESTIONED BY THE COMMANDING OFFICER, U.S. NAVY REGIONAL FINANCE CENTER, NORFOLK, VIRGINIA, FOR THE REASON THAT THE DEPENDENT'S TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF THE MEMBER'S ORDERS AS AN OFFICER.

IN DISCUSSING THE PROBLEM INVOLVED THE UNDER SECRETARY POINTED OUR THAT UNDER A PRACTICE ADOPTED AFTER DISCUSSIONS WITH REPRESENTATIVES OF THIS OFFICE IN 1961 THE ORDERS WHICH ISSUED TO THE MEMBER IN THE CASE PRESENTED DIRECTED HIM TO REPORT AT PENSACOLA AS HIS FIRST PERMANENT DUTY STATION WITHOUT MENTIONING A SUBSEQUENT DUTY STATION OR OTHERWISE PLACING ANY TIME LIMITATION ON THE DUTY TO BE PERFORMED AT PENSACOLA, AND THAT UNDER THE ESTABLISHED POLICY IF SUCH MEMBER SUCCESSFULLY COMPLETED HIS PERIOD OF BASIC TRAINING HE WOULD RECEIVE HIS COMMISSION AND REMAIN AT PENSACOLA IN A DUTY STATUS INVOLVING FLYING. IT IS POINTED OUT, ADDITIONALLY, THAT THE LENGTH OF THE COMBINED TOURS OF DUTY IS WELL IN EXCESS OF THE TIME NECESSARY TO CONSTITUTE A PERMANENT CHANGE OF STATION AND, THEREFORE, IT WAS DEEMED ESSENTIAL TO ISSUE BOTH SETS OF ORDERS TO REFLECT THIS FACT SO AS TO ENTITLE THE MEMBER TO DEPENDENT'S TRANSPORTATION AND SHIPMENT OF HOUSEHOLD GOODS FROM HIS HOME TO PENSACOLA WHILE AT THE SAME TIME PRECLUDING THE PAYMENT OF PER DIEM FOR PERIODS OF DUTY PERFORMED AT ONE OR MORE OF THE INSTALLATIONS IN THE PENSACOLA AREA.

SECTION 6911 OF TITLE 10, U.S. CODE, PROVIDES THAT THE GRADE OF AVIATION CADET IS A SPECIAL ENLISTED GRADE IN THE NAVAL SERVICE AND PROVIDES FURTHER, AMONG OTHER THINGS, THAT UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY PRESCRIBES MALE CITIZENS IN CIVIL LIFE MAY BE ENLISTED AS AVIATION CADETS. WHILE 37 U.S.C. 201 (E) ESTABLISHES THE RATE OF PAY OF AN AVIATION CADET AT 50 PERCENT OF THE BASE PAY OF A COMMISSIONED OFFICER IN PAY GRADE 0-1 WITH LESS THAN 2 CUMULATIVE YEARS OF SERVICE, 10 U.S.C. 6912 (SUPP. V) PROVIDES THAT EXCEPT AS PROVIDED IN SECTION 402 (A) AND (B) OF TITLE 37, U.S.C. (PERTAINING TO BASIC ALLOWANCE FOR SUBSISTENCE), SUCH CADET IS ENTITLED TO THE SAME ALLOWANCES, PENSIONS, GRATUITIES AND OTHER BENEFITS AS ARE PROVIDED FOR ENLISTED MEMBERS IN PAY GRADE E-4.

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION, CITING PARAGRAPH 3003-1, FOR TRAVEL PERFORMED FROM THE OLD TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED, EXCEPT IN THE CIRCUMSTANCES LISTED. THE FIRST ENUMERATED EXCEPTION RELATES TO ENLISTED MEMBERS IN PAY GRADES E-4 WITH 4 YEARS' SERVICE OR LESS, E-3, E-2, AND E-1. IN VIEW OF THE PROVISIONS OF 10 U.S.C. 6912 (SUPP. V) AND PARAGRAPH 7000-1, JOINT TRAVEL REGULATIONS, AND SINCE, AS STATED IN 39 COMP. GEN. 76, THE STATUS OF AN AVIATION CADET IN THE SPECIAL ENLISTED GRADE, WHETHER ACQUIRED BY ENLISTMENT FROM CIVIL LIFE OR BY TRANSFER, BEGINS AND ENDS WITH THE PERIOD OF AVIATION CADET TRAINING, IT IS CLEAR THAT AN AVIATION CADET SELECTED DIRECTLY FROM CIVIL LIFE IS NOT ENTITLED WHILE SERVING IN THAT STATUS, PRIOR TO THE DATE HE IS COMMISSIONED, TO THE TRANSPORTATION OF HIS DEPENDENT WIFE AT GOVERNMENT EXPENSE FROM THEIR HOME TO HIS PERMANENT DUTY STATION.

WE HELD IN 39 COMP. GEN. 76 THAT GRADUATE AVIATION CADETS WHO WERE ORDERED TO DUTY AS COMMISSIONED OFFICERS OCCUPIED THE SAME STATUS AS NEWLY APPOINTED OFFICERS AND, HENCE, WERE ENTITLED TO TRANSPORTATION FOR THEIR DEPENDENTS FROM HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO THEIR DUTY STATION, BUT NOT TO A DISLOCATION ALLOWANCE PAYMENT IN VIEW OF PARAGRAPH 9003-3, JOINT TRAVEL REGULATIONS. WE REITERATED THAT HOLDING IN 43 COMP. GEN. 133 AND STATED THAT IT WAS OUR VIEW THAT ENLISTED MEMBERS OF THE AIR FORCE IN AN INELIGIBLE PAY GRADE WHO WERE SELECTED FOR A 25-WEEK COURSE AT AN OFFICERS' CANDIDATE SCHOOL OR OFFICERS' TRAINING SCHOOL SHOULD BE CONSIDERED THE SAME AS AN INDIVIDUAL APPOINTED FROM CIVILIAN LIFE SO THAT HIS OLD PERMANENT DUTY STATION WOULD BE DISREGARDED AND TRAVEL AND TRANSPORTATION ALLOWANCES FOR HIS DEPENDENTS WOULD BE DETERMINED ON THE BASIS OF FROM HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST DUTY STATION AS AN OFFICER. NEITHER DECISION, HOWEVER, RECOGNIZED ANY RIGHT OF AN AVIATION CADET TO THE TRANSPORTATION AT GOVERNMENT EXPENSE OF HIS DEPENDENT WIFE FROM HOME TO HIS DUTY STATION WHILE SERVING IN THAT STATUS, SUCH RIGHT ACCRUING WHEN HE IS COMMISSIONED.

THE FACT THAT THE AVIATION CADET EXPECTS TO BE, AND IS, CONTINUED ON DUTY AT THE SAME STATION AFTER HE IS APPOINTED AN OFFICER AFFORDS NO BASIS TO REIMBURSE HIM, AFTER HE IS COMMISSIONED, FOR TRAVEL PERFORMED BY HIS WIFE TO HIS STATION AT A TIME WHEN HE WAS SERVING IN THE INELIGIBLE GRADE OF AVIATION CADET. CONSEQUENTLY, THE PAYMENT MADE TO THE MEMBER FOR THE TRAVEL OF HIS WIFE WAS NOT AUTHORIZED AND SUCH AMOUNT SHOULD BE RECOVERED FROM HIM.