B-158173, JAN. 28, 1966

B-158173: Jan 28, 1966

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TAPPENDORF: FURTHER REFERENCE IS MADE TO LETTER OF DECEMBER 2. YOU WERE RELEASED FROM ASSIGNMENT AT FORT ORD. YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL WAS DENIED BY THE ARMY AND WAS DISALLOWED BY THE SETTLEMENT OF OCTOBER 28. FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS AND THE CLAIM WAS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER. THAT YOU WERE ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. IN HER LETTER YOUR MOTHER SAYS THAT THE TRAVEL WAS PERFORMED PRIOR TO ORDERS BECAUSE YOUR WIFE WAS EXPECTING A CHILD THE FIRST WEEK IN MARCH AND HAD BEEN ADVISED BY AN EXAMINING PHYSICIAN TO COMMENCE TRAVEL NO LATER THAN JANUARY 15.

B-158173, JAN. 28, 1966

TO MR. RICHARD H. TAPPENDORF:

FURTHER REFERENCE IS MADE TO LETTER OF DECEMBER 2, 1965, FROM YOUR MOTHER REQUESTING IN YOUR BEHALF FURTHER CONSIDERATION OF THE SETTLEMENT OF OCTOBER 28, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM SEASIDE, CALIFORNIA, TO DAVENPORT, IOWA, JANUARY 16 AND 17, 1965.

YOU WERE RELEASED FROM ASSIGNMENT AT FORT ORD, CALIFORNIA, AND FROM ACTIVE DUTY AS SP5, REGULAR ARMY, ON FEBRUARY 26, 1965, BY PARAGRAPH 126, SPECIAL ORDERS NO. 46, DATED FEBRUARY 23, 1965. YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL WAS DENIED BY THE ARMY AND WAS DISALLOWED BY THE SETTLEMENT OF OCTOBER 28, 1965, FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS AND THE CLAIM WAS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS, THAT YOU WERE ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.

IN HER LETTER YOUR MOTHER SAYS THAT THE TRAVEL WAS PERFORMED PRIOR TO ORDERS BECAUSE YOUR WIFE WAS EXPECTING A CHILD THE FIRST WEEK IN MARCH AND HAD BEEN ADVISED BY AN EXAMINING PHYSICIAN TO COMMENCE TRAVEL NO LATER THAN JANUARY 15; ALSO, THAT YOU DID NOT OBTAIN AN AUTHORIZATION FOR YOUR WIFE'S TRAVEL PRIOR TO ORDERS FOR THE REASON THAT ON JANUARY 11, 1965, THE COMMANDING OFFICER EXECUTED AN AUTHORIZATION FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS PRIOR TO ORDERS WHICH YOU BELIEVED WOULD COVER YOUR WIFE'S TRAVEL AS WELL.

THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICE AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO 37 U.S.C. 406. PARAGRAPH M8015-1 (CHANGE 144, JANUARY 1, 1965) OF THE REGULATIONS PROVIDES THAT TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ORDERS EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE UNIFORMED SERVICE CONCERNED. SHIPMENT OF YOUR HOUSEHOLD EFFECTS PRIOR TO ORDERS APPARENTLY WAS MADE PURSUANT TO A DETERMINATION MADE UNDER THAT PROVISION. HOWEVER, PARAGRAPH M7000-8 (CHANGE 142, NOVEMBER 1, 1964) OF THE REGULATIONS PROVIDES THAT REIMBURSEMENT IS NOT AUTHORIZED FOR ANY TRAVEL OF DEPENDENTS WHERE THE DEPENDENTS DEPARTED 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 CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.

YOUR CLAIM FOR YOUR WIFE'S TRAVEL WAS NOT SUPPORTED BY SUCH A CERTIFICATE, AND THE DEPARTMENT OF THE ARMY IN TRANSMITTING YOUR CLAIM TO THIS OFFICE STATED THAT "INFORMATION RECEIVED FROM FORT ORD, CALIFORNIA, INDICATES FORMAL NOTIFICATION WAS NOT GIVEN SERVICE MEMBER PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS, THAT SUCH ORDERS WOULD BE ISSUED.'

WHILE WE APPRECIATE THE CIRCUMSTANCES THAT NECESSITATED YOUR WIFE'S EARLY TRAVEL, WE ARE WITHOUT AUTHORITY TO WAIVE OR MAKE EXCEPTIONS TO THE REQUIREMENTS OF THE INDICATED LAW AND REGULATIONS. IN THE CIRCUMSTANCES, THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM AND, ACCORDINGLY, THE SETTLEMENT OF OCTOBER 28, 1965, IS SUSTAINED.