B-155102, DEC. 31, 1964

B-155102: Dec 31, 1964

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RA 15267359: FURTHER REFERENCE IS MADE TO YOUR LETTER. WE HAVE ALSO RECEIVED YOUR LETTER OF DECEMBER 7. YOU WERE RELEASED FROM YOUR DUTY STATION. YOU WERE PAID THE SUM OF $163.50 FOR DEPENDENT TRAVEL BETWEEN THOSE POINTS AND $96.90 FOR DISLOCATION ALLOWANCE. AUDIT EXCEPTION WAS TAKEN TO THOSE PAYMENTS FOR THE REASON THAT THE RECORDS SHOWED THAT YOUR DEPENDENTS PERFORMED THE TRAVEL DURING APRIL 1960 PRIOR TO THE ISSUANCE OF THE PERMANENT CHANGE OF STATION ORDERS OF MAY 5. CHECK AGE OF THE FULL AMOUNT WAS EFFECTED IN YOUR PAY ACCOUNT. YOUR CLAIM WAS DISALLOWED IN THE SETTLEMENT OF JULY 1. FOR THE REASON THAT THE TRAVEL IN QUESTION WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND IN THE ABSENCE OF CERTIFICATION BY PROPER AUTHORITY THAT YOU HAD BEEN ADVISED THAT SUCH ORDERS WOULD BE ISSUED.

B-155102, DEC. 31, 1964

TO WILLIAM S. CHESTNUTT, SP6, RA 15267359:

FURTHER REFERENCE IS MADE TO YOUR LETTER, WITH ENCLOSURES, ACKNOWLEDGED SEPTEMBER 2, 1964, REQUESTING RECONSIDERATION OF SETTLEMENT DATED JULY 1, 1964, WHICH DISALLOWED YOUR CLAIM FOR TRANSPORTATION OF YOUR DEPENDENTS FROM PACIFIC GROVE, CALIFORNIA, TO LAKEWOOD, OHIO, AND DISLOCATION ALLOWANCE INCIDENT TO ORDERS DATED MAY 5, 1960. WE HAVE ALSO RECEIVED YOUR LETTER OF DECEMBER 7, 1964.

BY ORDERS DATED MAY 5, 1960, YOU WERE RELEASED FROM YOUR DUTY STATION, HEADQUARTERS, U.S. ARMY LANGUAGE SCHOOL, PRESIDIO OF MONTEREY, CALIFORNIA, AND DIRECTED TO PROCEED TO FORT DIX, NEW JERSEY, FOR TRANSPORTATION OVERSEAS AND SUBSEQUENT ASSIGNMENT TO DUTY IN GERMANY. ON THE BASIS OF YOUR CERTIFICATION ON AUGUST 1, 1960, THAT YOUR WIFE AND 3 CHILDREN HAD TRAVELED FROM PACIFIC GROVE, CALIFORNIA, TO LAKEWOOD, OHIO, DURING THE PERIOD MAY 8 TO 9, 1960, YOU WERE PAID THE SUM OF $163.50 FOR DEPENDENT TRAVEL BETWEEN THOSE POINTS AND $96.90 FOR DISLOCATION ALLOWANCE, OR A TOTAL OF $260.40. AUDIT EXCEPTION WAS TAKEN TO THOSE PAYMENTS FOR THE REASON THAT THE RECORDS SHOWED THAT YOUR DEPENDENTS PERFORMED THE TRAVEL DURING APRIL 1960 PRIOR TO THE ISSUANCE OF THE PERMANENT CHANGE OF STATION ORDERS OF MAY 5, 1960, AND CHECK AGE OF THE FULL AMOUNT WAS EFFECTED IN YOUR PAY ACCOUNT, YOUR CLAIM WAS DISALLOWED IN THE SETTLEMENT OF JULY 1, 1964, FOR THE REASON THAT THE TRAVEL IN QUESTION WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND IN THE ABSENCE OF CERTIFICATION BY PROPER AUTHORITY THAT YOU HAD BEEN ADVISED THAT SUCH ORDERS WOULD BE ISSUED.

IN YOUR PRESENT LETTER YOU SAY THAT YOUR CLAIM SHOULD BE APPROVED FOR THE REASON THAT YOU HAD KNOWLEDGE OF YOUR PENDING TRANSFER OVERSEAS. SUBSTANTIATE THIS YOU ENCLOSED COPIES OF CORRESPONDENCE SHOWING THAT YOU APPLIED FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM PACIFIC GROVE, CALIFORNIA, TO LAKEWOOD, OHIO, PRIOR TO THE ISSUANCE OF ORDERS WHICH YOU SAY WAS APPROVED BY THE PROPER AUTHORITY.

THE PROVISIONS OF 37 U.S.C. 406 AND 407 AUTHORIZE TRANSPORTATION OF DEPENDENTS AND, IN CERTAIN CIRCUMSTANCES, THE PAYMENT OF A DISLOCATION ALLOWANCE EQUAL TO THE MEMBER'S BASIC ALLOWANCE FOR QUARTERS FOR ONE MONTH, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, FOR MEMBERS WHO ARE ORDERED TO MAKE A CHANGE OF PERMANENT STATION. PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME, PROVIDES THAT MEMBERS ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION, EXCEPT WHERE THE DEPENDENTS DEPARTED FROM THE OLD PERMANENT STATION PRIOR TO ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. PARAGRAPH 9003-1 OF THE REGULATIONS PROVIDES FURTHER THAT A DISLOCATION ALLOWANCE IS NOT PAYABLE IN THE CIRCUMSTANCES OF THE EXCEPTION UNDER PARAGRAPH 7000-9 WHERE THE DEPENDENTS TRAVELED PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY THE CERTIFICATION AS TO PRIOR NOTICE TO THE MEMBER.

THE PURPOSE OF THE STATUTE AUTHORIZING TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE AND THE DISALLOCATION ALLOWANCE IS TO RELIEVE THE MEMBER OF PERSONALLY DEFRAYING TRAVELING AND RELOCATION EXPENSES OF HIS DEPENDENTS WHEN THE TRAVEL IS MADE NECESSARY BY AN ORDERED CHANGE OF STATION. FOR THAT REASON THE CITED REGULATIONS AUTHORIZE DEPENDENTS' TRANSPORTATION, AND THE RELATED DISLOCATION ALLOWANCE, ONLY IN THOSE CIRCUMSTANCES WHERE THEIR TRAVEL IS IN FACT INCIDENT TO THE MEMBER'S CHANGE OF STATION BY LIMITING SUCH AUTHORIZATION TO TRAVEL THAT IS PERFORMED AFTER THE CHANGE OF STATION ORDERS ACTUALLY ARE ISSUED OR, IN CERTAIN CIRCUMSTANCES, WITHIN A BRIEF PERIOD IMMEDIATELY PRIOR TO THEIR ISSUANCE WHERE THE MEMBER HAS BEEN ADVISED THAT ISSUANCE IS IMMINENT. COMP. GEN. 241.

FROM YOUR STATEMENTS CONCERNING THE CIRCUMSTANCES OF THE TRAVEL OF YOUR DEPENDENTS IT APPEARS TO HAVE BEEN YOUR DESIRE FOR SOME TIME THAT YOUR WIFE RETURN TO HER HOME IN CLEVELAND DUE TO MARITAL DIFFICULTIES BUT THAT SHE REFUSED TO LEAVE. YOU STATED THAT WHEN SHE FINALLY AGREED TO RETURN TO CLEVELAND IN THE LATTER PART OF APRIL 1960, YOU INQUIRED OF THE PERSONNEL SECTION AS TO THE POSSIBILITY OF OBTAINING PERMISSION FOR YOUR DEPENDENTS' TRAVEL PRIOR TO THE ISSUANCE OF ANTICIPATED PERMANENT CHANGE OF STATION ORDERS BUT WERE ADVISED, BY WAY OF SAVING YOURSELF AND THE ARMY "MORE PROBLEMS THAN ALREADY EXISTED," TO SEND YOUR DEPENDENTS IMMEDIATELY AND LATER TO ADJUST THE TRAVEL DATES A FEW DAYS TO MATCH YOUR ORDERS. YOU INDICATED THAT YOU FOLLOWED THAT ADVICE.

IT MUST BE CONCLUDED ON SUCH RECORD THAT YOUR DEPENDENTS' TRAVEL TO CLEVELAND RESULTED PRIMARILY FROM YOUR MARITAL DIFFICULTIES RATHER THAN BECAUSE OF THE ANTICIPATED CHANGE OF STATION AND WOULD HAVE BEEN PERFORMED EVEN THOUGH NO CHANGE OF STATION HAD BEEN ANTICIPATED. UNDER SUCH CIRCUMSTANCES YOUR ORDERS OF MAY 5, 1960, AFFORD NO BASIS FOR ALLOWING REIMBURSEMENT FOR THE ..END :