B-157937, DEC. 7, 1965, 45 COMP. GEN. 316

B-157937: Dec 7, 1965

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TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - TIME OF ACCRUAL OF RIGHT AN ARMY OFFICER WHO UPON COMPLETION OF OFFICERS' CANDIDATE SCHOOL IS ORDERED ON A 2-YEAR OVERSEAS PERMANENT CHANGE-OF-STATION TOUR WITHOUT DEPENDENTS. PRECEDED BY TEMPORARY DUTY AT A PLACE TO WHICH HE MOVES HIS WIFE IS NOT ENTITLED TO A MILEAGE ALLOWANCE FOR THAT TRAVEL ON THE BASIS OF A SUBSEQUENT ASSIGNMENT TO AN INDEFINITE TOUR OF OVERSEAS DUTY. THE PAYMENT OF A MONETARY ALLOWANCE TO THE OFFICER FOR THE TRAVEL OF HIS WIFE TO HIS TEMPORARY DUTY STATION IS NOT AUTHORIZED. 1965: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 14. IS ENTITLED TO MILEAGE ALLOWANCE FOR HIS WIFE UNDER THE CIRCUMSTANCES DESCRIBED.

B-157937, DEC. 7, 1965, 45 COMP. GEN. 316

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - TIME OF ACCRUAL OF RIGHT AN ARMY OFFICER WHO UPON COMPLETION OF OFFICERS' CANDIDATE SCHOOL IS ORDERED ON A 2-YEAR OVERSEAS PERMANENT CHANGE-OF-STATION TOUR WITHOUT DEPENDENTS, PRECEDED BY TEMPORARY DUTY AT A PLACE TO WHICH HE MOVES HIS WIFE IS NOT ENTITLED TO A MILEAGE ALLOWANCE FOR THAT TRAVEL ON THE BASIS OF A SUBSEQUENT ASSIGNMENT TO AN INDEFINITE TOUR OF OVERSEAS DUTY, PERMITTING THE CONCURRENT TRAVEL OF DEPENDENTS, THE OFFICER'S STATUS OF ENTITLEMENT TO TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE ARISING NOT UNDER THE PERMANENT CHANGE-OF-STATION ORDERS, BUT ACQUIRED IN CONNECTION WITH HIS INDEFINITE TOUR OF DUTY OVERSEAS AFTER THE WIFE'S TRAVEL HAD BEEN PERFORMED, TRAVEL NOT INTENDED FOR THE PURPOSE OF ESTABLISHING A RESIDENCE WITHIN THE CONTEMPLATION OF PARAGRAPH M7005 OF THE JOINT TRAVEL REGULATIONS; THEREFORE, THE PAYMENT OF A MONETARY ALLOWANCE TO THE OFFICER FOR THE TRAVEL OF HIS WIFE TO HIS TEMPORARY DUTY STATION IS NOT AUTHORIZED.

TO LIEUTENANT COLONEL R. W. AILES, DEPARTMENT OF THE ARMY, DECEMBER 7, 1965:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 14, 1965, AND ACCOMPANYING PAPERS, REQUESTING AN ADVANCE DECISION (PDTATAC CONTROL NO. 65-33) WHETHER SECOND LIEUTENANT BEVERLY (BENNY) L. WILBURN, JR., 05325195, IS ENTITLED TO MILEAGE ALLOWANCE FOR HIS WIFE UNDER THE CIRCUMSTANCES DESCRIBED.

BY SPECIAL ORDERS NO. 9 DATED JANUARY 12, 1965, AS AMENDED, LIEUTENANT WILBURN HAVING COMPLETED THE OFFICERS' CANDIDATE SCHOOL AT THE UNITED STATES ARMY INFANTRY CENTER, FORT BENNING, GEORGIA, WAS ORDERED ON A 2- YEAR TOUR OF ACTIVE DUTY ON JANUARY 18, 1965, AND ASSIGNED ON A PERMANENT CHANGE OF STATION TO HEADQUARTERS, UMASC EUROPE, AFTER TEMPORARY DUTY OF APPROXIMATELY 16 WEEKS AT FORT DEVENS, MASSACHUSETTS. IN YOUR LETTER OF OCTOBER 14, 1965, YOU SAY THAT LIEUTENANT WILBURN'S 2-YEAR TOUR OF DUTY DID NOT AUTHORIZE HIS DEPENDENTS IN EUROPE AT GOVERNMENT EXPENSE. YOU ALSO SAY IN THIS LETTER THAT AFTER LIEUTENANT WILBURN MOVED HIS WIFE FROM HIS HOME OF RECORD AT DENVER, COLORADO, TO HIS TEMPORARY DUTY STATION AT FORT DEVENS AT HIS OWN EXPENSE, AN INDEFINITE TOUR OF DUTY WAS APPROVED FOR HIM ON MARCH 11, 1965, AT WHICH TIME HE APPLIED FOR AND RECEIVED APPROVAL FOR CONCURRENT TRAVEL OF DEPENDENTS TO EUROPE. THUS IT APPEARS THAT THE INDEFINITE TOUR OF DUTY ENTITLED HIM TO CONCURRENT TRAVEL FOR HIS DEPENDENTS. YOU FURTHER SAY THAT WHEN LIEUTENANT WILBURN COMPLETED HIS TEMPORARY DUTY AT FORT DEVENS, HE AND HIS WIFE PROCEEDED TO THE NEW YORK PORT OF EMBARKATION BY WAY OF DENVER, COLORADO. LIEUTENANT WILBURN IS CLAIMING MILEAGE ALLOWANCE FOR HIS WIFE FROM DENVER COLORADO, TO THE NEW YORK PORT OF EMBARKATION.

SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES THAT A MEMBER OF A UNIFORMED SERVICE 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 THAT TRANSPORTATION SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AND TO AND FROM SUCH PLACES AS PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH M7000 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS, WITH CERTAIN EXCEPTIONS INCLUDING ANY TRAVEL OF DEPENDENTS TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE; TRAVEL EXPENSES OF DEPENDENTS FOR PLEASURE TRIPS OR FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. PARAGRAPH 5 OF ARMY REGULATION 55-46 PROVIDES THAT IF OTHERWISE PROPER UNDER THE JOINT TRAVEL REGULATIONS, COMMANDERS MAY AUTHORIZE DEPENDENTS TO ACCOMPANY THEIR MILITARY SPONSOR OVERSEAS AT GOVERNMENT EXPENSE ONLY WHEN THE SPONSOR FULFILLS THE REQUIREMENTS THERE LISTED, ONE OF WHICH IS THAT HE HAVE SUFFICIENT REMAINING SERVICE TO COMPLETE THE OVERSEAS TOUR PRESCRIBED FOR ACCOMPANIED PERSONNEL IN THE AREA TO WHICH ASSIGNED. PARAGRAPH 8 OF ARMY REGULATION 55-46 PROVIDES THAT MEMBERS WHO ACQUIRE SERVICE REQUIREMENTS NECESSARY FOR ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE, AFTER EFFECTIVE DATE OF PERMANENT CHANGE-OF-STATION ORDERS ASSIGNING THEM TO OVERSEAS DUTY STATIONS, MAY BE PROVIDED TRANSPORTATION FOR THEIR DEPENDENTS ON A SPACE AVAILABLE BASIS TO ACCOMPANY OR JOIN THEM AT THEIR OVERSEAS DUTY STATION.

PARAGRAPH M3003-1B (1), ITEM 3, OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE TERM ,EFFECTIVE DATE OF ORDERS" WHEN THE ORDERS INVOLVE TEMPORARY DUTY AT ONE OR MORE PLACES EN ROUTE TO A PERMANENT DUTY STATION IN A RESTRICTED AREA, FOR THE PURPOSE OF DEPENDENT TRAVEL, IS THE DATE OF RELIEF (DETACHMENT) FROM THE PERMANENT DUTY STATION PLUS LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME ALLOWED FOR TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, AUTHORIZED TO BE TAKEN PRIOR TO THE MEMBER'S REPORTING TO THE FIRST TEMPORARY DUTY STATION.

THUS AT THE TIME MRS. WILBURN TRAVELED TO JOIN HER HUSBAND AT HIS TEMPORARY DUTY STATION AT FORT DEVENS, MASSACHUSETTS, HE DID NOT HAVE A STATUS UNDER WHICH HE WAS ENTITLED TO THE MOVEMENT OF HIS WIFE OVERSEAS AT GOVERNMENT EXPENSE. LIEUTENANT WILBURN APPARENTLY BECAME ENTITLED TO SUCH TRANSPORTATION FOR HIS WIFE WHEN AN INDEFINITE TOUR OF DUTY WAS APPROVED FOR HIM ON MARCH 11, 1965, AFTER THEY ARRIVED AT FORT DEVENS. IN THESE CIRCUMSTANCES THERE SEEMS TO BE NO BASIS FOR CONCLUDING THAT THE PERMANENT CHANGE-OF-STATION ORDERS FOR LIEUTENANT WILBURN GAVE RISE TO ANY ENTITLEMENT TO REIMBURSEMENT FOR TRAVEL PERFORMED BEFORE HE ACQUIRED A STATUS QUALIFYING HIM FOR THE TRAVEL OF HIS DEPENDENT OVERSEAS. OBVIOUSLY THE TRAVEL OF MRS. WILBURN TO FORT DEVENS WAS NOT FOR THE PURPOSE OF ESTABLISHING A RESIDENCE AT A DESIGNATED PLACE WITHIN THE CONTEMPLATION OF PARAGRAPH M7005 OF THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY, THE PAYMENT OF A MONETARY ALLOWANCE FOR THE TRAVEL OF LIEUTENANT WILBURN'S WIFE FROM DENVER, COLORADO, TO FORT DEVENS, MASSACHUSETTS, IS NOT AUTHORIZED. THE PAPERS WHICH ACCOMPANIED YOUR REQUEST FOR DECISION WILL BE RETAINED HERE.