B-156266, JUN. 23, 1965

B-156266: Jun 23, 1965

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 22. UNDER YOUR ORDERS YOU WERE DIRECTED TO PROCEED FROM JACKSONVILLE. WERE AMENDED TO ASSIGN YOU TO HEADQUARTERS AND SERVICE COMPANY. FOR THE REASON THAT YOU WERE INELIGIBLE FOR OVERSEAS ASSIGNMENT. YOU WERE DISCHARGED FROM THE SERVICE BY REASON OF EXPIRATION OF ENLISTMENT. INCIDENT TO SEPARATION FROM THE SERVICE WAS FORWARDED TO THIS OFFICE AS A DOUBTFUL CLAIM. WAS NOT PERFORMED WITH THE INTENT TO ESTABLISH A BONA FIDE RESIDENCE THERE. THAT YOUR DEPENDENTS WOULD HAVE RESIDED IN CALIFORNIA WHILE YOU SERVED OVERSEAS. UNDER THE PROVISIONS OF 37 U.S.C. 406 AND 407 AUTHORITY IS PROVIDED. 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.

B-156266, JUN. 23, 1965

TO MR. JAMES W. KRAUS, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 22, 1965, REQUESTING REVIEW OF THAT PART OF SETTLEMENT DATED MAY 12, 1965, WHICH DISALLOWED YOUR CLAIM FOR YOUR DEPENDENTS' TRAVEL FROM JACKSONVILLE, FLORIDA, TO VISTA, CALIFORNIA, AND THENCE TO COVINGTON, KENTUCKY, AND A DISLOCATION ALLOWANCE INCIDENT TO YOUR ORDERS DATED JUNE 19, 1964, AND AUGUST 24, 1964, AND YOUR DISCHARGE ON SEPTEMBER 1, 1964.

UNDER YOUR ORDERS YOU WERE DIRECTED TO PROCEED FROM JACKSONVILLE, FLORIDA, TO CAMP PENDLETON, CALIFORNIA, FOR PROCESSING AND FURTHER TRANSPORTATION OVERSEAS, A PERMANENT CHANGE OF STATION. YOUR DEPENDENTS DEPARTED FROM JACKSONVILLE, FLORIDA, ON AUGUST 1, 1964, AND ARRIVED AT VISTA, CALIFORNIA, ON AUGUST 6, 1964. ON AUGUST 19, 1964, YOU REPORTED FOR DUTY AT CAMP PENDLETON, CALIFORNIA. ON AUGUST 24, 1964, YOUR ORDERS OF JUNE 19, 1964, WERE AMENDED TO ASSIGN YOU TO HEADQUARTERS AND SERVICE COMPANY, STAGING BATTALION, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA, FOR THE REASON THAT YOU WERE INELIGIBLE FOR OVERSEAS ASSIGNMENT. SEPTEMBER 1, 1964, YOU WERE DISCHARGED FROM THE SERVICE BY REASON OF EXPIRATION OF ENLISTMENT.

YOUR CLAIM FOR DEPENDENT TRAVEL AND DISLOCATION ALLOWANCE FROM JACKSONVILLE, FLORIDA, TO VISTA, CALIFORNIA, AS DESIGNATED PLACE, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS OF JUNE 19, 1964, TO A RESTRICTED PLACE, TOGETHER WITH CLAIM FOR DEPENDENT TRAVEL FROM VISTA, CALIFORNIA, TO COVINGTON, KENTUCKY, INCIDENT TO SEPARATION FROM THE SERVICE WAS FORWARDED TO THIS OFFICE AS A DOUBTFUL CLAIM. SUBSEQUENTLY, BY SETTLEMENT DATED MAY 12, 1965, OUR CLAIMS DIVISION DISALLOWED THE CLAIM EXCEPT FOR ALLOWANCE FOR YOUR DEPENDENTS' TRAVEL FROM JACKSONVILLE, FLORIDA, TO COVINGTON, KENTUCKY, DIRECT, FOR THE REASON THAT IT APPEARED THAT YOUR DEPENDENTS' TRAVEL FROM JACKSONVILLE, FLORIDA, TO VISTA, CALIFORNIA, WAS NOT PERFORMED WITH THE INTENT TO ESTABLISH A BONA FIDE RESIDENCE THERE.

IN YOUR PRESENT LETTER YOU SAY THAT WHEN YOU LEFT JACKSONVILLE, FLORIDA, YOU HAD NO INTENTION OF TAKING A DISCHARGE FROM THE MARINE CORPS; THAT YOUR DEPENDENTS WOULD HAVE RESIDED IN CALIFORNIA WHILE YOU SERVED OVERSEAS; THAT YOU DID NOT SIGN A STATEMENT REQUESTING AN OVERSEAS TOUR, AND THAT YOUR MARINE CORPS UNIT WOULD NOT PERMIT YOU TO FORWARD A LETTER TO WASHINGTON DECLARING YOUR INTENTION TO REENLIST.

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 HOUSEHOLD GOODS AND FOR THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO A DIRECTED PERMANENT CHANGE OF STATION. PARAGRAPH 7000-12 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SUCH PROVISIONS OF LAW, AND IN EFFECT AT THE TIME, 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 THE INTENT TO CHANGE THE DEPENDENTS' RESIDENCE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. PARAGRAPH 9003-1 OF THE REGULATIONS PROVIDES FURTHER THAT A DISLOCATION ALLOWANCE IS NOT PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED FOR PURPOSES OTHER THAN TO ESTABLISH A RESIDENCE.

IMPLEMENTING REGULATIONS GOVERNING ASSIGNMENT OF MARINE CORPS PERSONNEL TO SEA AND FOREIGN SERVICE ASSIGNMENTS ARE SET FORTH IN PARAGRAPH 4110 MARINE CORPS PERSONNEL MANUAL. SUBPARAGRAPH 3 (A) (1) IN EFFECT AT THE TIME, PROVIDES THAT PERSONNEL IN PAY GRADES E-5 AND ABOVE ARE ISSUED OVERSEAS ORDERS BY HEADQUARTERS, U.S. MARINE CORPS WITHOUT REGARD FOR EXPIRATION OF ACTIVE SERVICE DATE SINCE THEY ARE CONSIDERED CAREER MARINES WITH CONTINUED ACTIVE SERVICE EXPECTED. IT FURTHER PROVIDES THAT THOSE NONCOMMISSIONED OFFICERS WHO HAVE LESS THAN ONE YEAR OF OBLIGATED SERVICE REMAINING ON THEIR CURRENT ENLISTMENT DURING THE MONTH OF ANTICIPATED DEPARTURE FROM THE CONTINENTAL UNITED STATES FOR A TOUR OF OVERSEAS DUTY OF LESS THAN 18 MONTHS, WILL NOT BE TRANSFERRED OVERSEAS IF THEY DECLARE THEIR INTENTION NOT TO REENLIST BY SUBMITTING THE FOLLOWING STATEMENT TO THE COMMANDANT OF THE MARINE CORPS (CODE DF), A SIGNED COPY OF WHICH WILL BE INSERTED IN THE SERVICE RECORD BOOK.

"I, -----------------------------, HAVING BEEN ORDERED TO SEA OR FOREIGN DUTY FOR A TOUR OF LESS THAN 18 MONTHS AND HAVING LESS THAN ONE YEAR OF OBLIGATED SERVICE REMAINING ON MY CURRENT ENLISTMENT DURING THE MONTH OF ANTICIPATED DEPARTURE FROM THE CONTINENTAL UNITED STATES, REQUEST THAT I BE RETAINED ON DUTY IN THE UNITED STATES UNTIL THE EXPIRATION OF MY CURRENT ENLISTMENT, AS IT IS MY INTENTION NOT TO REENLIST. I UNDERSTAND THAT IN THE EVENT I DO REENLIST, I WILL NOT BE REAPPOINTED TO A GRADE IN A PAY GRADE ABOVE E-4. I ALSO UNDERSTAND THAT I WILL NOT BE PERMITTED TO EXTEND MY ENLISTMENT.'

SUBPARAGRAPH 3 (B) PROVIDES AS FOLLOWS:

"B. THE ABOVE ACTION WILL BE COMPLETED WITHIN 10 DAYS OF RECEIPT OF ORDERS AT THE SENIOR ECHELON OF COMMAND.'

THE PURPOSE FOR SUCH REQUIREMENT CLEARLY WAS TO FORESTALL THE NEED FOR COMPLIANCE WITH THE OVERSEAS DUTY ORDERS OF THOSE WITHOUT INTENTION TO EXTEND ENLISTMENT OR REENLIST TO COVER THE PERIOD OF OVERSEAS DUTY ASSIGNED.

IN AN ADMINISTRATIVE REPORT DATED AUGUST 24, 1964, FROM HEADQUARTERS, STAGING BATTALION, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA, APPARENTLY IN EXPLANATION OF THE REASON WHY YOU DID NOT DECLARE YOUR INTENTION NOT TO REENLIST PRIOR TO YOUR DEPARTURE FROM JACKSONVILLE, FLORIDA, IT IS STATED AS FOLLOWS:

"SERGEANT KRAUS STATES THAT HE WAS NOT APPRISED OF THE CONTENTS OF REFERENCE (A) PRIOR TO ISSUANCE OF ENCLOSURE (2) AND HIS DEPARTURE FROM HIS LAST DUTY STATION.' (REFERENCE (A) REFERRED TO HEREIN IS PARAGRAPH 4110 MARINE CORPS PERSONNEL MANUAL AND ENCLOSURE (2) IS YOUR PERMANENT CHANGE OF STATION ORDERS OF JUNE 19, 1964).

UNDER THE REGULATIONS IT WAS YOUR RESPONSIBILITY AS A NONCOMMISSIONED OFFICER TO DECLARE YOUR INTENTION NOT TO REENLIST WITHIN 10 DAYS AFTER YOU RECEIVED YOUR ORDERS OF JUNE 19, 1964, WHILE AT YOUR DUTY STATION AT JACKSONVILLE, FLORIDA. ALSO, WHILE YOU NOW SAY YOU LEFT FLORIDA WITH THE INTENTION OF REENLISTING, THE ADMINISTRATIVE REPORT IN THE MATTER INDICATES THAT YOU WOULD HAVE DECLARED YOUR INTENTION NOT TO REENLIST IF YOU WERE AWARE OF THE REGULATIONS. IN SUCH CIRCUMSTANCES AND SINCE NO RIGHT TO REIMBURSEMENT FOR DEPENDENT TRAVEL ARISES UNLESS THE TRAVEL MAY BE CONSIDERED AS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AN ORDERED PERMANENT CHANGE OF STATION WE ARE WITHOUT AUTHORITY ON THE BASIS OF THE PRESENT RECORD TO ALLOW YOUR CLAIM FOR YOUR DEPENDENTS' TRAVEL FROM JACKSONVILLE, FLORIDA, TO VISTA, CALIFORNIA, AND A DISLOCATION ALLOWANCE. SEE 33 COMP. GEN. 431, COPY HEREWITH.

ACCORDINGLY, THE SETTLEMENT OF MAY 12, 1965, IS CORRECT AND IS SUSTAINED.