B-154578, AUGUST 20, 1964, 44 COMP. GEN. 98

B-154578, AUGUST 20, 1964, 44 COMP. GEN. 98

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - CHILDREN - BIRTHDAYS DURING TRAVEL A DEPENDENT OF A MEMBER OF THE UNIFORMED SERVICES WHO BECAME 21 YEARS OF AGE AFTER THE DATE A DELAYED TRAVEL AUTHORIZATION FOR TRANSPORTATION OF THE DEPENDENT TO THE MEMBER'S OVERSEAS STATION WAS ISSUED, BUT BEFORE THE TIME THE DEPENDENT ARRIVED AT THE PORT OF AERIAL EMBARKATION FOR OVERSEAS TRAVEL, COMES WITHIN THE PURVIEW OF PARAGRAPH 7067-4 OF THE JOINT TRAVEL REGULATIONS WHICH PERMITS EACH PORTION OF OVERSEAS TRAVEL TO BE CONSIDERED SEPARATELY AND PROVIDES THAT ENTITLEMENT FOR TRAVEL AT GOVERNMENT EXPENSE BETWEEN PORTS OF AERIAL OR WATER EMBARKATION AND DEBARKATION SHALL BE DETERMINED ON THE BASIS OF THE ATTAINED AGES OF THE DEPENDENTS ON THE DATE OF EMBARKATION AND, THEREFORE, SINCE THE DEPENDENT WAS OVER 21 YEARS OF AGE AT THE TIME OF AERIAL EMBARKATION, THE MEMBER MAY NOT BE REIMBURSED FOR THE TRANSPORTATION OF THE DEPENDENT TO THE OVERSEAS STATION.

TO JAMES L. JOHNSTON, AUGUST 20, 1964:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 10, 1964, REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 29, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE TRANSPORTATION OF YOUR SON BY COMMERCIAL AIR FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO BAUMHOLDER, GERMANY, SEPTEMBER 13 TO 17, 1963.

PURSUANT TO PARAGRAPH 105, SPECIAL ORDERS NO. 198, HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED AUGUST 17, 1962, AND PARAGRAPH 10, SPECIAL ORDERS 218, HEADQUARTERS, FORT LEAVENWORTH, KANSAS, DATED OCTOBER 15, 1962, AS AMENDED, YOU WERE TRANSFERRED ON A PERMANENT CHANGE OF STATION TO THE 440TH SIGNAL CORPS BATTALION AT BAUMHOLDER, GERMANY, WITH PORT DATE INDICATED AS NOVEMBER 17, 1962.

THE RECORD SHOWS THAT BY MESSAGE FROM THE OVERSEAS COMMANDER DATED OCTOBER 30, 1962, CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS NOT AUTHORIZED. YOUR WIFE AND SON TRAVELED FROM FORT LEAVENWORTH, KANSAS, TO ZEPHYRHILLS, FLORIDA, OCTOBER 31-NOVEMBER 2, 1962, AT GOVERNMENT EXPENSE. ON AUGUST 1, 1963, TRAVEL AUTHORIZATION NO. 470 WAS ISSUED TO YOUR SON, JAMES C. JOHNSTON, AUTHORIZING TRAVEL TO THE PLACE DESIGNATED IN THE PORT CALL UPON RECEIPT THEREOF FOR MOVEMENT TO YOUR OVERSEAS STATION. THE PORT CALL DATED SEPTEMBER 6, 1963, REQUESTED YOUR SON TO REPORT AT MCGUIRE AIR FORCE BASE, NEW JERSEY, NOT LATER THAN SEPTEMBER 19, 1963, AND YOUR SON TRAVELED AT GOVERNMENT EXPENSE FROM KANSAS CITY, MISSOURI, ARRIVING AT MCGUIRE AIR FORCE BASE ON SEPTEMBER 13, 1963. HOWEVER, UPON ARRIVAL, HE WAS ADVISED THAT SINCE HE WAS BORN ON SEPTEMBER 1, 1942, HE WAS OVER 21 YEARS OF AGE AND THEREFORE NOT ENTITLED TO TRANSPORTATION TO GERMANY AT GOVERNMENT EXPENSE. HE THEREUPON TRAVELED BY COMMERCIAL AIR, ARRIVING AT FRANKFURT, GERMANY, SEPTEMBER 17, 1963.

SECTION 401 OF TITLE 37, U.S.C. DEFINES A DEPENDENT AS AN UNMARRIED LEGITIMATE CHILD, WHO EITHER IS UNDER 21 YEARS OF AGE OR IS INCAPABLE OF SELF-SUPPORT BECAUSE OF A MENTAL OR PHYSICAL INCAPACITY AND IS IN FACT DEPENDENT ON THE MEMBER FOR OVER ONE-HALF OF HIS SUPPORT. SECTION 406 PROVIDES IN PERTINENT PART THAT A MEMBER OF THE UNIFORMED SERVICES WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS, TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN PLACE OF TRANSPORTATION IN KIND, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 7067-1 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO 37 U.S.C. 406, PROVIDES THAT ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS IS BASED ON DEPENDENCY STATUS ON THE EFFECTIVE DATE OF THE ORDERS DIRECTING THE MEMBER'S LAST PERMANENT CHANGE OF STATION UNLESS TRAVEL IS DELAYED AND DEPENDENCY STATUS NO LONGER EXISTS WHEN TRAVEL IS COMMENCED. PARAGRAPH 7067-2, PERTAINING TO CHANGES IN AGES OF DEPENDENTS, PROVIDES IN ITEMS 2 THROUGH 4, RULES GOVERNING THE AMOUNT OF MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT RATES PAYABLE IN ACCORDANCE WITH PARAGRAPH 7003. PARAGRAPH 7067-3 PERTAINS TO CASES INVOLVING DELAYED TRAVEL TO OVERSEAS AREAS, WHEREIN ENTITLEMENT IS DETERMINED IN ACCORDANCE WITH SUBPARAGRAPHS 1 AND 2. PARAGRAPH 7067-4, WHICH PERTAINS TO CASES INVOLVING TRAVEL OUTSIDE THE UNITED STATES, PROVIDES THAT FOR TRAVEL TO, FROM OR BETWEEN STATIONS LOCATED OUTSIDE THE UNITED STATES, ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS SHALL BE DETERMINED SEPARATELY FOR EACH PORTION OF THE JOURNEY. IT PROVIDES FURTHER IN PERTINENT PART THAT FOR TRAVEL FROM THE OLD STATION TO THE PORT OF AERIAL OR WATER EMBARKATION, ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS SHALL BE DETERMINED IN ACCORDANCE WITH SUBPARAGRAPHS 1, 2, AND 3, AND FOR TRAVEL BETWEEN THE PORTS OF AERIAL OR WATER EMBARKATION AND DEBARKATION, ENTITLEMENT TO TRANSPORTATION SHALL BE DETERMINED ON THE ATTAINED AGES OF DEPENDENTS ON THE DATE OF EMBARKATION.

SINCE YOUR SON COMMENCED HIS TRAVEL TO YOUR OVERSEAS STATION FROM KANSAS CITY, MISSOURI, VIA A PORT OF AERIAL EMBARKATION, YOUR ENTITLEMENT TO REIMBURSEMENT FOR TRAVEL FROM THE PORT OF EMBARKATION TO THE PORT OF DEBARKATION IS FOR DETERMINATION IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 7067-4 OF THE JOINT TRAVEL REGULATIONS. INASMUCH AS THAT SUBPARAGRAPH PROVIDES THAT ENTITLEMENT FOR THAT PORTION OF THE TRAVEL SHALL BE DETERMINED ON THE ATTAINED AGES OF DEPENDENTS ON THE DATE OF EMBARKATION AND SINCE YOUR SON WAS OVER 21 YEARS OF AGE AT THE TIME OF EMBARKATION AT MCGUIRE AIR FORCE BASE, SEPTEMBER 16, 1963, HIS OVERSEAS TRAVEL WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE. ACCORDINGLY, THERE IS NO BASIS FOR REIMBURSEMENT FOR YOUR SON'S TRAVEL BY COMMERCIAL AIR FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO BAUMHOLDER, GERMANY. THE SETTLEMENT OF APRIL 29, 1964, IS SUSTAINED.