B-160766, MAR. 7, 1967

B-160766: Mar 7, 1967

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W3152503: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19. YOU WERE TRANSFERRED FROM SAN FRANCISCO. YOUR OVERSEAS MOVEMENT WAS COMPLETED BY ORDERS OF MAY 2. THE AVAILABILITY DATE FOR PORT CALL WAS STATED TO BE MAY 20. THE COMMANDER OF YOUR ORGANIZATION AUTHORIZED YOU TO HAVE YOUR DEPENDENTS IN THE COMMAND. THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS TO YOUR OVERSEAS STATION WAS AUTHORIZED ON THE BASIS THAT THE CONCURRENT TRAVEL OF YOUR DEPENDENTS HAD BEEN APPROVED. IN THE SETTLEMENT MENTIONED ABOVE IT WAS STATED THAT YOUR REQUEST FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS DISAPPROVED AND YOU MOVED YOUR DEPENDENTS PRIOR TO AUTHORIZATION. YOU WERE ADVISED THAT SINCE TRAVEL OF DEPENDENTS TO YOUR OVERSEAS STATION WAS RESTRICTED YOU WERE NOT ENTITLED TO REIMBURSEMENT FOR THEIR TRAVEL BEYOND NEW YORK.

B-160766, MAR. 7, 1967

TO WARRANT OFFICER LARRY M. ROBINSON, W3152503:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19, 1966, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 12, 1966, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO FRANKFURT, GERMANY, DURING THE PERIOD MAY 2 TO 3, 1966.

BY PARAGRAPH 11, SPECIAL ORDERS NO. 85, DATED APRIL 26, 1966, YOU WERE TRANSFERRED FROM SAN FRANCISCO, CALIFORNIA, TO FORT DIX, NEW JERSEY, FOR ASSIGNMENT TO GERMANY AS A PERMANENT CHANGE OF STATION. YOUR OVERSEAS MOVEMENT WAS COMPLETED BY ORDERS OF MAY 2, 1966. THE AVAILABILITY DATE FOR PORT CALL WAS STATED TO BE MAY 20, 1966. THE ORDERS DID NOT PROVIDE FOR CONCURRENT TRAVEL OF DEPENDENTS. YOUR DEPENDENTS DEPARTED SACRAMENTO, CALIFORNIA, ON APRIL 29, 1966, AND ARRIVED IN FRANKFURT, GERMANY, ON MAY 3, 1966. ON MAY 4, 1966, THE COMMANDER OF YOUR ORGANIZATION AUTHORIZED YOU TO HAVE YOUR DEPENDENTS IN THE COMMAND. ON JUNE 30, 1966, THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS TO YOUR OVERSEAS STATION WAS AUTHORIZED ON THE BASIS THAT THE CONCURRENT TRAVEL OF YOUR DEPENDENTS HAD BEEN APPROVED.

IN THE SETTLEMENT MENTIONED ABOVE IT WAS STATED THAT YOUR REQUEST FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS DISAPPROVED AND YOU MOVED YOUR DEPENDENTS PRIOR TO AUTHORIZATION. YOU WERE ADVISED THAT SINCE TRAVEL OF DEPENDENTS TO YOUR OVERSEAS STATION WAS RESTRICTED YOU WERE NOT ENTITLED TO REIMBURSEMENT FOR THEIR TRAVEL BEYOND NEW YORK, NEW YORK.

IN YOUR PRESENT LETTER YOU SAY IT WAS NOT A CASE OF DISAPPROVAL OF CONCURRENT TRAVEL BUT THAT YOU WERE NOT ALLOWED TO SUBMIT AN APPLICATION FOR CONCURRENT TRAVEL OF DEPENDENTS FOR THE REASON THAT PARAGRAPH 4G (6), ARMY REGULATIONS 55-46, REQUIRES THAT THE MEMBER MUST HAVE 30 DAYS FROM THE DATE OF HIS ORDERS TO HIS AVAILABILITY DATE BEFORE HE CAN SUBMIT AN APPLICATION FOR CONCURRENT TRAVEL. YOU SAY THAT THE ERROR WAS MADE BY PERSONNEL AT LETTERMAN GENERAL HOSPITAL, THAT THEY WOULD NOT CHANGE YOUR AVAILABILITY DATE AND THAT THIS WAS NOT YOUR FAULT. ALSO, YOU SAY THAT GERMANY IS NOT A RESTRICTED AREA AND THAT YOUR STATION IS BY NO MEANS RESTRICTED INASMUCH AS ON THE DATE OF YOUR ARRIVAL YOU WERE ASSIGNED PERMANENT GOVERNMENT QUARTERS.

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. THE RIGHT TO DEPENDENTS' TRAVEL IS NOT AN ABSOLUTE ONE BUT MAY BE ADMINISTRATIVELY SUSPENDED OR DENIED FOR REASONS OF MILITARY NECESSITY OR EXPEDIENCE. CULP V. UNITED STATES, 76 CT.CL. 507; 35 COMP. GEN. 61.

PARAGRAPH 7005-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS TRANSFERRED BY PERMANENT CHANGE OF STATION ORDERS TO AN OVERSEAS AREA WHERE TRAVEL OF DEPENDENTS IS AUTHORIZED ONLY UPON PRIOR APPROVAL, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT PUBLIC EXPENSE ONLY TO POINT OF DEPARTURE OF DEPENDENTS FROM THE UNITED STATES IN CONJUNCTION WITH THEIR TRAVEL TO A PLACE OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER.

WITH RESPECT TO TRAVEL OF DEPENDENTS TO GERMANY, ITEM 20, APPENDIX 1, ARMY REGULATIONS 55-46, PROVIDES FOR CONCURRENT TRAVEL OF DEPENDENTS IN CATEGORY 1 FOR GENERAL OFFICERS, COLONELS, LIEUTENANT COLONELS ON CURRENT RECOMMENDED LIST FOR PROMOTION TO THE GRADE OF COLONEL, AND ENLISTED PERSONNEL IN GRADE 9, AND THAT CONCURRENT TRAVEL MAY BE AUTHORIZED IN CATEGORY 2 FOR ALL OTHER ELIGIBLE PERSONNEL. PARAGRAPH 3S (1) (B), ARMY REGULATIONS 55-46, PROVIDES THAT CONCURRENT TRAVEL IN CATEGORY 2 REQUIRES SUBMISSION OF APPLICATION TO AND APPROVAL BY THE OVERSEAS COMMANDER. PARAGRAPH 4 (D) (1) OF THE SAME REGULATIONS PROVIDES THAT OVERSEAS COMMANDERS ARE RESPONSIBLE FOR AUTHORIZING THE ENTRY OF DEPENDENTS INTO THEIR COMMAND.

THE PARAGRAPH OF THE REGULATIONS CITED BY YOU REQUIRES THAT INSTALLATION COMMANDERS IN THE CONTINENTAL UNITED STATES DISAPPROVE APPLICATIONS FOR CONCURRENT TRAVEL TO OVERSEAS AREAS WHEN INSUFFICIENT TIME REMAINS FOR PROCESSING THE APPLICATION OR THE SPONSOR HAS LESS THAN 30 DAYS REMAINING BETWEEN DATE OF RECEIPT OF ORDERS AND AVAILABILITY DATE OR REPORTING DATE AT THE OVERSEAS REPLACEMENT STATION OR TRANSPORTATION AREA.

UNDER THE EXPRESS PROVISIONS OF THOSE REGULATIONS YOU WERE NOT ENTITLED TO TRANSPORTATION OF YOUR DEPENDENTS TO GERMANY AT GOVERNMENT EXPENSE UNTIL THEIR TRAVEL WAS APPROVED BY THE OVERSEAS COMMANDER. THIS IS TRUE EVEN THOUGH YOU WERE ASSIGNED QUARTERS UPON YOUR ARRIVAL AT YOUR STATION AND YOU WERE AUTHORIZED TO HAVE YOUR DEPENDENTS IN THE COMMAND ON THE DAY AFTER THEIR ARRIVAL. THE REFUSAL TO ACCEPT THE APPLICATION FOR CONCURRENT TRAVEL, SUBMITTED AT YOUR STATION IN THE UNITED STATES, WAS REQUIRED BY THE REGULATIONS FOR THE REASON THAT THERE WAS LESS THAN 30 DAYS BETWEEN THE DATE OF RECEIPT OF YOUR ORDERS AND YOUR AVAILABILITY DATE AND MAY NOT BE VIEWED AS GROUNDS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM.

SINCE YOUR STATION IS IN AN OVERSEAS AREA TO WHICH TRAVEL OF DEPENDENTS IS AUTHORIZED ONLY UPON APPROVAL BY THE OVERSEAS COMMANDER AND YOUR DEPENDENTS TRAVELED PRIOR TO SUCH APPROVAL, THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM NOTWITHSTANDING THAT YOUR DEPENDENTS WERE PERMITTED TO RESIDE IN THE AREA. THEREFORE, THE SETTLEMENT OF DECEMBER 12, 1966, IS SUSTAINED.