B-155661, JAN. 14, 1965

B-155661: Jan 14, 1965

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USN: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 14. BY THOSE ORDERS YOU WERE TRANSFERRED FROM HELICOPTER ANTISUBMARINE SQUADRON SEVEN TO DETROIT. YOUR CLAIM FOR YOUR DEPENDENTS' TRAVEL AND DISLOCATION ALLOWANCE WAS DISALLOWED BY THE SETTLEMENT OF OCTOBER 22. FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND THAT YOUR CLAIM WAS NOT SUPPORTED BY A CERTIFICATE FROM THE ORDER ISSUING AUTHORITY THAT YOU WERE ADVISED PRIOR TO SUCH ISSUANCE THAT ORDERS WOULD BE ISSUED BY WHICH YOU WOULD BE TRANSFERRED TO DETROIT. YOU SAY THAT YOUR STEPSON IS AN EPILEPTIC WHO MUST BE CARED FOR IN AN INSTITUTION EQUIPPED TO PROVIDE CARE FOR PERSONS SUBJECT TO EPILEPTIC SEIZURES.

B-155661, JAN. 14, 1965

TO ROBERT B. STAPLEFORD, ADRI, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 14, 1964, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 22, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRAVEL OF YOUR DEPENDENTS FROM NORFOLK, VIRGINIA, TO GARDEN CITY, MICHIGAN, PERFORMED DURING THE PERIOD JULY 9 TO 11, 1963, AND FOR DISLOCATION ALLOWANCE, INCIDENT TO YOUR ORDERS OF JANUARY 6, 1964.

BY THOSE ORDERS YOU WERE TRANSFERRED FROM HELICOPTER ANTISUBMARINE SQUADRON SEVEN TO DETROIT, MICHIGAN, FOR DUTY. YOUR CLAIM FOR YOUR DEPENDENTS' TRAVEL AND DISLOCATION ALLOWANCE WAS DISALLOWED BY THE SETTLEMENT OF OCTOBER 22, 1964, FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF THE ORDERS AND THAT YOUR CLAIM WAS NOT SUPPORTED BY A CERTIFICATE FROM THE ORDER ISSUING AUTHORITY THAT YOU WERE ADVISED PRIOR TO SUCH ISSUANCE THAT ORDERS WOULD BE ISSUED BY WHICH YOU WOULD BE TRANSFERRED TO DETROIT, MICHIGAN.

IN YOUR REQUEST FOR REVIEW, AND IN PRIOR CORRESPONDENCE CONCERNING YOUR CLAIM, YOU SAY THAT YOUR STEPSON IS AN EPILEPTIC WHO MUST BE CARED FOR IN AN INSTITUTION EQUIPPED TO PROVIDE CARE FOR PERSONS SUBJECT TO EPILEPTIC SEIZURES; THAT THE NAVY DOES NOT HAVE FACILITIES OF THIS TYPE; THAT YOU WERE ABLE TO LOCATE SUCH AN INSTITUTION IN YOUR HOME STATE OF MICHIGAN; THAT YOU ANTICIPATED THAT YOU WOULD BE ISSUED ORDERS TO DUTY STATION IN DETROIT, MICHIGAN, BUT THAT YOUR DEPENDENTS COULD NOT WAIT FOR THE ORDERS TO BE ISSUED BECAUSE OF YOUR STEPSON'S NEED FOR IMMEDIATE ATTENTION. APPEARS TO BE YOUR VIEW THAT THE CIRCUMSTANCES OF YOUR CASE SHOULD PROVIDE SUFFICIENT BASIS TO ALLOW OUR OFFICE TO MAKE AN EXCEPTION TO THE REGULATIONS CONCERNING TRAVEL IN ADVANCE OF ORDERS.

UNDER THE PROVISIONS OF 37 U.S.C. 406 AND 407 AUTHORITY IS PROVIDED, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, FOR THE TRANSPORTATION OF A MEMBER'S DEPENDENTS AND FOR THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO A DIRECTED PERMANENT CHANGE OF STATION. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT PROVISION OF LAW SPECIFICALLY PROVIDE (PARAGRAPH 7000-9) THAT TRANSPORTATION IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPART THE OLD STATION "PRIOR TO THE 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 THE 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. THESE ARE STATUTORY REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW.

THE PURPOSE OF THE STATUTE AUTHORIZING TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS TO RELIEVE A MEMBER OF THE BURDEN OF PERSONALLY DEFRAYING THE TRAVEL EXPENSES OF HIS DEPENDENTS WHEN SUCH TRAVEL IS MADE NECESSARY BY AN ORDERED CHANGE OF STATION. FOR THAT REASON THE CITED REGULATIONS AUTHORIZE DEPENDENTS' TRANSPORTATION AND DISLOCATION ALLOWANCE ONLY WHERE THEIR TRAVEL IS PERFORMED AFTER THE ORDERS HAVE BEEN ISSUED OR IMMEDIATELY BEFORE ISSUANCE WHERE THE MEMBER HAS BEEN ADVISED THAT ISSUANCE IS IMMINENT. 34 COMP. GEN. 241.

ON THE PRESENT RECORD YOUR DEPENDENTS TRAVELED FROM NORFOLK, VIRGINIA, TO GARDEN CITY, MICHIGAN, BECAUSE OF YOUR STEPSON'S NEED FOR CARE BY AN INSTITUTION SPECIALLY EQUIPPED TO PROVIDE SUCH CARE AND NOT BECAUSE YOU HAD BEEN ORDERED TO DETROIT, MICHIGAN, OR HAD RECEIVED NOTICE THAT YOUR ORDERS TO THAT POINT WOULD BE FORTHCOMING. IN LETTER DATED AUGUST 11, 1964, FROM THE COMMANDING OFFICER, HELICOPTER ANTISUBMARINE SQUADRON SEVEN TO THE U.S. NAVY FINANCE CENTER, WASHINGTON, D.C., CONCERNING YOUR CLAIM IT IS STATED:

"1. * * * THIS COMMAND IS UNABLE TO CERTIFY THAT SUBJECT MAN WAS OFFICIALLY ADVISED THAT ORDERS TO HIS PRESENT DUTY STATION WOULD BE FORTHCOMING PRIOR TO THEIR ACTUAL RECEIPT.

"2. STAPLEFORD FELT ENCOURAGED TO BELIEVE THAT SUCH ORDERS WOULD BE FORTHCOMING DUE TO CONGRESSIONAL INTEREST IN HIS CASE. THE DECISION TO MOVE HIS FAMILY PRIOR TO RECEIPT OF OFFICIAL ORDERS WAS BASED UPON THIS BELIEF PLUS THE URGENT REQUIREMENT THAT HIS SON BEGIN THERAPY AS SOON AS POSSIBLE.'

WHILE WE APPRECIATE THE UNFORTUNATE CIRCUMSTANCES THAT NECESSITATED YOUR DEPENDENTS' TRAVEL, WE TRUST YOU WILL UNDERSTAND THAT OUROFFICE IS WITHOUT AUTHORITY TO WAIVE OR MAKE ANY EXCEPTIONS TO THE REQUIREMENT IN THE LAW AND REGULATIONS THAT THE TRAVEL MUST BE PERFORMED AS A RESULT OF YOUR CHANGE OF STATION. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 22, 1964, MUST BE SUSTAINED. YOUR ORIGINAL ORDERS OF JANUARY 6, 1964, ARE RETURNED.