B-155969, FEB. 8, 1965

B-155969, FEB. 8, 1965

TO MR. GLEN E. HURT:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 1, 1964, REQUESTING REVIEW OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $516.72, ON ACCOUNT OF DEPENDENTS' TRAVEL FROM CEDAR RAPIDS, IOWA, TO FORT ORD, CALIFORNIA, MAY 9, TO 13, 1962, AND RETURN TO CEDAR RAPIDS, AUGUST 1 TO 6, 1962.

BY MOVEMENT ORDER LO ALTAG M-12, DATED OCTOBER 4, 1961, ISSUED BY HEADQUARTERS, XIV UNITED STATES ARMY CORPS, MINNEAPOLIS, MINNESOTA, YOUR UNIT WAS DIRECTED TO PROCEED FROM ITS HOME STATION, CEDAR RAPIDS, IOWA, TO FORT ORD, CALIFORNIA, TO ARRIVE OCTOBER 25, 1961. THIS WAS STATED TO BE A PERMANENT CHANGE OF STATION AND TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS WERE AUTHORIZED. BY GENERAL ORDERS NO. 69, HEADQUARTERS, UNITED STATES ARMY TRAINING CENTER, INFANTRY AND FORT ORD, CALIFORNIA, DATED JULY 3, 1962, YOUR UNIT WAS DIRECTED TO PROCEED TO ITS HOME STATION ON AUGUST 1, 1962, FOR RELEASE FROM ACTIVE DUTY AND BY PARAGRAPH 132, SPECIAL ORDERS NO. 186, BY THE SAME HEADQUARTERS, DATED JULY 24, 1962, YOU WERE RELIEVED FROM ACTIVE DUTY EFFECTIVE AUGUST 11, 1962. THE ORDERS CITED DEPARTMENT OF THE ARMY MESSAGE 599936, DATED MAY 2, 1962, AS AUTHORITY FOR YOUR RELEASE.

INCIDENT TO THE ORDER OF OCTOBER 4, 1961, YOUR DEPENDENTS TRAVELED DURING THE PERIOD MAY 9 TO 13, 1962, FROM CEDAR RAPIDS TO FORT ORD AND THEY RETURNED TO CEDAR RAPIDS DURING THE PERIOD AUGUST 1 TO 6, 1962, INCIDENT TO THE ORDERS OF JULY 3 AND 24, 1962. PAYMENTS WERE MADE FOR SUCH TRAVEL IN THE AMOUNT OF $516.72. NOTICES OF EXCEPTIONS TO THE PAYMENTS WERE ISSUED BY OUR DEFENSE ACCOUNTING AND AUDITING DIVISION FOR THE REASON THAT THE TRAVEL WAS NOT PERFORMED FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE. BY LETTER DATED JULY 17, 1964, WE FURNISHED A REPORT TO THE HONORABLE JAMES E. BROMWELL CONCERNING THE MATTER, A COPY OF WHICH WAS ENCLOSED WITH YOUR LETTER OF DECEMBER 1, 1964. WE CONCLUDED THAT SINCE THE RECORD FAILED TO ESTABLISH THAT THE TRAVEL OF YOUR DEPENDENTS WAS FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE IN CALIFORNIA WITHIN THE MEANING OF THE APPLICABLE LAW AND REGULATIONS, YOU WERE NOT ENTITLED TO REIMBURSEMENT FOR SUCH TRAVEL.

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 DEPENDENTS, TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN PLACE OF TRANSPORTATION IN KIND. PARAGRAPH 7000-13, JOINT TRAVEL REGULATIONS, PROMULGATED BY THE SECRETARIES PURSUANT TO THAT AUTHORITY AND IN EFFECT AT THE TIME INVOLVED, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO OTHERWISE AUTHORIZED TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR ANY TRAVEL TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE, AND THAT TRAVEL EXPENSES OF DEPENDENTS FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT.

IN YOUR LETTER YOU EXPLAIN THE REASONS FOR THE DELAY UNTIL EARLY IN MAY 1962 IN BRINGING YOUR FAMILY TO FORT ORD, AND STATE THAT WHEN YOU LEFT YOUR STATION TO GET YOUR FAMILY, YOU HAD NO ORDERS SPECIFYING WHEN YOUR UNIT WOULD BE RELEASED OTHER THAN YOUR ORIGINAL ORDERS INDICATING THAT IT WOULD BE RELEASED IN OCTOBER 1962. IT IS CONCLUDED IN VIEW OF YOUR EXPLANATIONS AND THE OTHER EVIDENCE ON FILE THAT THE RECORD MAY NOW BE ACCEPTED AS ESTABLISHING THAT THE TRAVEL OF YOUR DEPENDENTS TO YOUR STATION WAS PERFORMED WITH THE INTENTION OF ESTABLISHING A BONA FIDE RESIDENCE IN THE VICINITY OF YOUR PERMANENT DUTY STATION WITHIN THE MEANING OF THE LAW AND REGULATIONS. ACCORDINGLY, THE CHARGE AGAINST YOUIS BEING DISMISSED. IN THE EVENT YOU HAVE MADE ANY PAYMENTS IN LIQUIDATION OF THE INDEBTEDNESS, YOU MAY FILE WITH OUR CLAIMS DIVISION A CLAIM FOR REFUND OF SUCH PAYMENTS TOGETHER WITH EVIDENCE OF SUCH PAYMENTS. UPON RECEIPT OF THE CLAIM, THE CLAIMS DIVISION WILL GIVE IT PROMPT CONSIDERATION.