B-162929, DEC. 20, 1967

B-162929, DEC. 20, 1967

TO STAFF SERGEANT JOHN E. RING, RA 12645941:

FURTHER REFERENCE IS MADE TO YOUR LETTER CONCERNING THE SETTLEMENT OF OCTOBER 18, 1967, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES FOR THE TRANSPORTATION OF YOUR DEPENDENTS FROM EDGEWATER, NEW JERSEY, TO SEOUL, KOREA, DURING THE PERIOD APRIL 7 TO 12, 1967.

BY SPECIAL ORDERS 206, DATED SEPTEMBER 22, 1966, YOU WERE ASSIGNED FROM FORT BELVOIR, VIRGINIA, TO FORT SILL, OKLAHOMA, TO REPORT OCTOBER 15, 1966, FOR FURTHER MOVEMENT TO A RESTRICTED AREA OVERSEAS. THESE ORDERS AUTHORIZED THE TRANSPORTATION OF YOUR DEPENDENTS AND HOUSEHOLD GOODS TO A DESIGNATED LOCATION. YOU WERE REIMBURSED FOR THE TRANSPORTATION OF YOUR DEPENDENTS ON SEPTEMBER 28 AND 29, 1966, FROM FORT BELVOIR, VIRGINIA, TO EDGEWATER, NEW JERSEY, WHICH YOU CERTIFIED AS THEIR DESIGNATED DESTINATION. IN YOUR LETTER, YOU SAY THAT YOU WERE ERRONEOUSLY INFORMED BY THE TRANSPORTATION DIVISION AT FORT BELVOIR THAT IT WAS NOT POSSIBLE TO SEND YOUR DEPENDENTS TO KOREA AT GOVERNMENT EXPENSE, EVEN ON A SPACE AVAILABLE BASIS, BUT THAT YOU HAVE NOW LEARNED THAT YOU COULD HAVE SENT YOUR DEPENDENTS TO KOREA AT GOVERNMENT EXPENSE.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES THAT A MEMBER OF A UNIFORMED SERVICE WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, FOR SUCH GRADES, RANKS AND RATING, AND TO AND FROM SUCH PLACES AS PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH M7005 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THIS AUTHORITY, PROVIDES THAT WHEN A MEMBER IS TRANSFERRED BY PERMANENT CHANGE OF STATION ORDERS FROM A DUTY STATION LOCATED IN THE UNITED STATES TO A RESTRICTED AREA, 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 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.

WHEN THE RESTRICTION AGAINST TRAVEL OF DEPENDENTS IS SUBSEQUENTLY REMOVED, OR THE MEMBER IS TRANSFERRED BY PERMANENT CHANGE OF STATION ORDERS TO AN UNRESTRICTED AREA, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE PLACE HIS DEPENDENTS WERE MOVED WHEN HE WAS TRANSFERRED TO THE RESTRICTED AREA OR FROM THE PLACE THEY ARE THEN LOCATED TO THE MEMBER'S CURRENT DUTY STATION, WHICHEVER IS LESSER.

IT LONG HAS BEEN RECOGNIZED THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS IS NOT AN ABSOLUTE ONE BUT MAY BE ADMINISTRATIVELY SUSPENDED OR DENIED FOR MILITARY REASONS AND THAT WHERE TRANSPORTATION IS ADMINISTRATIVELY REFUSED BY REASON OF MILITARY NECESSITY OR EXPEDIENCY, A MEMBER MAY NOT TRANSPORT HIS DEPENDENTS AT PERSONAL EXPENSE AND BE PAID THE COST UNDER A STATUTE AUTHORIZING REIMBURSEMENT FOR TRAVEL OF DEPENDENTS UPON A PERMANENT CHANGE OF STATION. CULP V. UNITED STATES, 76 CT. CL. 507; 35 COMP. GEN. 61. IN THIS CONNECTION, PARAGRAPH 7 OF ARMY REGULATION 55-46 PROVIDES THAT IT IS THE POLICY OF THE ARMY TO DETER ENTRY INTO OVERSEA AREAS OF DEPENDENTS WHO HAVE NOT BEEN INDORSED BY THE OVERSEA COMMANDER TO ACCOMPANY OR JOIN THEIR MILITARY SPONSORS OVERSEAS AND THAT SUCH DEPENDENTS MAY NOT BE TRANSPORTED TO THE MEMBERS' OVERSEA DUTY STATIONS BY GOVERNMENT MEANS, EITHER ON A SPACE REQUIRED OR SPACE AVAILABLE BASIS.

UPON THE TRANSPORTATION OF YOUR DEPENDENTS FROM FORT BELVOIR, VIRGINIA, TO EDGEWATER, NEW JERSEY, WHICH YOU DESIGNATED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH M7005 OF THE JOINT TRAVEL REGULATIONS, AS THEIR RESIDENCE PENDING THE REMOVAL OF THE RESTRICTION AGAINST THEIR TRAVEL TO YOUR OVERSEAS STATION OR YOUR TRANSFER TO AN UNRESTRICTED STATION, NO FURTHER TRANSPORTATION AT GOVERNMENT EXPENSE WAS AUTHORIZED FOR THEM UNTIL SUCH RESTRICTION WAS REMOVED OR YOU WERE TRANSFERRED TO AN UNRESTRICTED STATION.

IF YOUR DEPENDENTS HAD MOVED FROM FORT BELVOIR TO SEOUL, KOREA, AS A DESIGNATED PLACE OUTSIDE THE UNITED STATES INCIDENT TO YOUR OVERSEAS TRANSFER YOU WOULD HAVE BEEN ENTITLED TO REIMBURSEMENT FOR THEIR TRANSPORTATION TO THE POINT OF DEPARTURE FROM THE UNITED STATES BUT, CONTRARY TO YOUR APPARENT BELIEF, TRANSPORTATION AT GOVERNMENT EXPENSE BEYOND THE POINT OF DEPARTURE FROM THE UNITED STATES WOULD NOT HAVE BEEN AUTHORIZED. HOWEVER, HAVING MOVED YOUR DEPENDENTS TO EDGEWATER AS A DESIGNATED PLACE INCIDENT TO YOUR REASSIGNMENT OVERSEAS, THERE IS NO AUTHORITY TO REIMBURSE YOU FOR ANY PART OF THE EXPENSE INCIDENT TO THEIR FURTHER TRANSPORTATION MORE THAN 6 MONTHS LATER FROM EDGEWATER TO SEOUL. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 18, 1967, WHICH DISALLOWED YOUR CLAIM, IS SUSTAINED.

REGARDING YOUR REQUEST THAT YOUR CLAIM FILE BE SENT TO YOU, YOU ARE ADVISED THAT IT WILL BE NECESSARY TO RETAIN IT IN OUR OFFICE SINCE IT CONSTITUTES THE RECORD ON WHICH THE SETTLEMENT DISALLOWING YOUR CLAIM WAS BASED, WHICH ACTION IS FINAL AND CONCLUSIVE ON THE EXECUTIVE BRANCH OF THE GOVERNMENT. TITLE 1, SECTION 13.1, AND TITLE 8, SECTION 4, OF THE GAO POLICY AND PROCEDURES MANUAL.