B-159075, JUN. 28, 1966

B-159075: Jun 28, 1966

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RA: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 18. YOU WERE ASSIGNED ON PERMANENT CHANGE OF STATION TO HEADQUARTERS SEVENTH ARMY. SPECIAL INSTRUCTIONS IN THE ORDERS STATED THAT CONCURRENT TRAVEL OF DEPENDENTS WAS DISAPPROVED AND THERE WAS AN ESTIMATED MINIMUM DELAY IN ASSIGNING GOVERNMENT QUARTERS FOR A PERIOD OF 16 WEEKS FROM REPORTING DATE AT OVERSEAS REPLACEMENT STATION. YOUR REQUEST FOR THE "ALL OTHERS" TOUR WAS APPROVED BY ORDER OF THE SECRETARY OF THE ARMY. INDICATED IT SHOWED THAT A REQUEST FOR DEPENDENTS' TRAVEL WAS NOT PREVIOUSLY MADE BECAUSE DEPENDENTS' TRAVEL TO A DESIGNATED LOCATION IS NOT AUTHORIZED AT GOVERNMENT EXPENSE UNDER APPLICABLE REGULATIONS IF THE WAITING PERIOD FOR GOVERNMENT QUARTERS ON FOREIGN ASSIGNMENT IS LESS THAN 20 WEEKS.

B-159075, JUN. 28, 1966

TO STAFF SERGEANT DIOSDADO B. NUNEZA, RA:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 18, 1966, REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 4, 1966, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF COST OF DEPENDENTS' TRAVEL FROM OAKLAND, CALIFORNIA, TO HONOLULU, HAWAII, JULY 29, 1965, INCIDENT TO ORDERS OF JULY 19, 1965.

BY PARAGRAPH 19, SPECIAL ORDERS NO. 148, DEPARTMENT OF THE ARMY, U.S. ARMY ELECTRONIC PROVING GROUND, FORT HUACHUCA, ARIZONA, DATED JULY 19, 1965, YOU WERE ASSIGNED ON PERMANENT CHANGE OF STATION TO HEADQUARTERS SEVENTH ARMY, APO NEW YORK, NEW YORK, TO REPORT FOR OVERSEAS TRANSPORTATION ON SEPTEMBER 6, 1965. SPECIAL INSTRUCTIONS IN THE ORDERS STATED THAT CONCURRENT TRAVEL OF DEPENDENTS WAS DISAPPROVED AND THERE WAS AN ESTIMATED MINIMUM DELAY IN ASSIGNING GOVERNMENT QUARTERS FOR A PERIOD OF 16 WEEKS FROM REPORTING DATE AT OVERSEAS REPLACEMENT STATION.

ON SEPTEMBER 8, 1965, YOU PRESENTED A REQUEST FOR ADJUSTMENT OF YOUR FOREIGN SERVICE TOUR FROM ,WITH DEPENDENTS" 36 MONTHS' TO AN "ALL OTHERS" 24 MONTHS' TOUR, AS SET OUT IN PARAGRAPH 29A (2), ARMY REGULATIONS 55-46. AS A REASON FOR SUCH REQUEST, YOU SAID THAT IN VIEW OF THE 16-WEEK WAITING PERIOD INDICATED IN YOUR ORDERS OF JULY 19, 1965, AND REFUSAL OF YOUR REQUEST FOR CONCURRENT TRAVEL, YOU MOVED YOUR DEPENDENTS FROM FORT HUACHUCA, ARIZONA, TO HONOLULU, HAWAII, YOUR HOME OF RECORD, AT YOUR OWN EXPENSE, AND THAT YOU DECIDED THEREAFTER THAT THEY WOULD STAY IN HAWAII WHILE YOU SERVED A 24 MONTH FOREIGN TOUR. BY INDORSEMENT DATED NOVEMBER 3, 1965, YOUR REQUEST FOR THE "ALL OTHERS" TOUR WAS APPROVED BY ORDER OF THE SECRETARY OF THE ARMY.

IN YOUR CLAIM DATED NOVEMBER 15, 1965, YOU REQUESTED REIMBURSEMENT FOR EXPENSES INCURRED IN THE TRAVEL OF YOUR DEPENDENTS FROM CALIFORNIA TO HAWAII, STATING THAT YOU HAD BEEN PAID FOR THEIR TRAVEL FROM ARIZONA TO CALIFORNIA. YOU REFERRED TO YOUR REQUEST DATED SEPTEMBER 8, 1965, AND INDICATED IT SHOWED THAT A REQUEST FOR DEPENDENTS' TRAVEL WAS NOT PREVIOUSLY MADE BECAUSE DEPENDENTS' TRAVEL TO A DESIGNATED LOCATION IS NOT AUTHORIZED AT GOVERNMENT EXPENSE UNDER APPLICABLE REGULATIONS IF THE WAITING PERIOD FOR GOVERNMENT QUARTERS ON FOREIGN ASSIGNMENT IS LESS THAN 20 WEEKS. IT APPEARS TO BE YOUR VIEW THAT BECAUSE OF THE APPROVAL OF YOUR REQUEST FOR CHANGE TO AN "ALL OTHERS" TOUR YOU SHOULD BE CONSIDERED AS ENTITLED TO PAYMENT FOR YOUR DEPENDENTS' TRAVEL TO HAWAII, AS TO A DESIGNATED LOCATION, SINCE THERE WOULD BE NO AUTHORITY FOR THEIR TRAVEL TO YOUR OVERSEAS DUTY STATION INCIDENT TO THE "ALL OTHERS" TOUR.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES, 37 U.S.C. 406, EXPRESSLY PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A MEMBER'S ORDERED CHANGE OF PERMANENT STATION SHALL BE SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, FOR SUCH GRADES, RANKS, AND RATINGS, AND TO AND FROM SUCH PLACES AS THE SECRETARIES CONCERNED MAY PRESCRIBE. REGULATIONS ISSUED BY THE SECRETARIES TO IMPLEMENT THIS STATUTORY AUTHORITY ARE CONTAINED IN CHAPTER 7 OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH M7000 OF THE REGULATIONS PROVIDES THAT MEMBERS, GENERALLY, ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN SUCH REGULATIONS. AS AN EXCEPTION TO THAT PROVISION, PARAGRAPH M7000-12 PROVIDES THAT ANY TRAVEL OF DEPENDENTS BETWEEN POINTS OTHERWISE AUTHORIZED TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT.

WHEN FOR MILITARY REASONS, WHICH MAY INCLUDE CONSIDERATION OF MATTERS PERTAINING TO THE GENERAL WELFARE OF DEPENDENTS, SUCH AS THE AVAILABILITY OF HOUSING, A MEMBER'S FAMILY IS NOT PERMITTED TO ACCOMPANY HIM TO THE PLACE OF HIS NEW PERMANENT ASSIGNMENT, THE ASSIGNMENT IS REGARDED AS BEING TO A RESTRICTED AREA AS CONTEMPLATED BY THE USE OF THAT TERM IN PARAGRAPH M7005, JOINT TRAVEL REGULATIONS. IN SUCH CIRCUMSTANCES, PARAGRAPH M7005-2 PROVIDES THAT WHEN THE OLD DUTY STATION IS LOCATED IN THE UNITED STATES, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE; THE POINT OF ACTUAL DEPARTURE OF DEPENDENTS FROM THE UNITED STATES IN CONJUNCTION WITH TRAVEL TO A PLACE OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER; OR TO THE PANAMA CANAL ZONE, PUERTO RICO, ALASKA, HAWAII, OR ANY TERRITORY OR POSSESSION OF THE UNITED STATES, IF APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE, AND IN THE ABSENCE OF SUCH APPROVAL, TRANSPORTATION OF DEPENDENTS WILL BE AUTHORIZED TO THE POINT OF ACTUAL DEPARTURE FROM THE UNITED STATES. WHILE SUCH AUTHORITY PERMITS A SUBSTITUTION OF DESIGNATION OF DESTINATION FOR DEPENDENTS IN PLACE OF THE RESTRICTED DUTY STATION, OVERSEAS TRAVEL TO HAWAII MUST BE APPROVED BY THE SECRETARY CONCERNED AND QUALIFICATION FOR SUCH BENEFITS IS SUBJECT TO THE REQUIREMENTS OF PARAGRAPH M7000-12 THAT TRAVEL TO A DESIGNATED PLACE MUST BE PERFORMED WITH THE SPECIFIC INTENTION OF ESTABLISHING A RESIDENCE THERE UNTIL REMOVAL OF THE RESTRICTION AT THE MEMBER'S OVERSEAS DUTY STATION OR RECEIPT OF FURTHER CHANGE OF STATION ORDERS.

INASMUCH AS YOU INDICATED IN YOUR CLAIM THAT IT WAS NOT UNTIL AFTER YOUR DEPENDENTS TRAVELED ON JULY 29, 1965, TO HONOLULU THAT YOU DECIDED THAT YOU WOULD REQUEST AN "ALL OTHERS" TOUR AND THAT THEY WOULD REMAIN IN HAWAII FOR ITS DURATION RATHER THAN PROCEED TO YOUR DUTY STATION OVERSEAS, IT APPEARS QUESTIONABLE THAT THEIR TRAVEL TO HAWAII PROPERLY SHOULD BE CONSIDERED AS HAVING BEEN PERFORMED WITH THE INTENTION OF ESTABLISHING RESIDENCE THERE, THAT INTENTION ARISING ONLY AFTER THE TRAVEL. IN ANY EVENT, THE APPROVAL OF THE "ALL OTHERS" TOUR DID NOT LESSEN THE REQUIREMENT OF PARAGRAPH M7005-2 FOR APPROVAL BY THE SECRETARY CONCERNED OR HIS REPRESENTATIVE OF DEPENDENTS' TRAVEL TO HAWAII TO SUPPORT PAYMENT OF TRAVEL ALLOWANCES BEYOND THE POINT OF ACTUAL DEPARTURE FROM THE UNITED STATES. SEE PARAGRAPH 44, ARMY REGULATIONS 55-46. THE TRAVEL OF YOUR DEPENDENTS TO HAWAII WAS NOT APPROVED AS REQUIRED BY THE REGULATIONS. THEREFORE, THERE IS NO AUTHORITY FOR THE REIMBURSEMENT OF THE TRANSPORTATION COSTS INVOLVED IN YOUR DEPENDENTS' TRAVEL FROM OAKLAND, CALIFORNIA, TO HONOLULU, HAWAII.