B-163358, MAY 29, 1968, 47 COMP. GEN. 689

B-163358: May 29, 1968

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PROVIDED THE COST OF THE MOVEMENT IS LIMITED TO THAT WHICH WOULD BE INVOLVED FOR THE DISTANCE FROM THE LAST DUTY STATION. WOULD NOT BE FOR APPLICATION TO HOUSEHOLD EFFECTS THAT WERE NOT BROUGHT INTO THE SERVICE FOR USE IN THE MEMBER'S HOUSEHOLD AT SOME TIME DURING HIS CURRENT TOUR OF ACTIVE DUTY. 1968: FURTHER REFERENCE IS MADE TO LETTER OF DECEMBER 28. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 68-5 BY THE PER DIEM. THE UNDER SECRETARY STATES THAT CURRENTLY THE MAXIMUM ENTITLEMENT UPON SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY IS LIMITED TO TRAVEL OR TRANSPORTATION FROM CERTAIN SPECIFIED PLACES TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES FOR HIS OWN TRAVEL UNDER PARAGRAPH M4157 OF THE JOINT TRAVEL REGULATIONS.

B-163358, MAY 29, 1968, 47 COMP. GEN. 689

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - TRAVEL BETWEEN ANY POINTS AUTHORIZED - GOVERNMENT'S OBLIGATION IN VIEW OF THE NUMEROUS AUTHORIZED PLACES WHERE DEPENDENTS AND HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES MAY BE LOCATED AND THE PLACES TO WHICH TRANSPORTATON MAY BE DESIRED ON DATE OF SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY--- PERMANENT CHANGES OF STATION UNDER 37 U.S.C. 406--- PARAGRAPHS M7009-1 AND M8259-1 OF THE JOINT TRAVEL REGULATIONS MAY BE REVISED TO AUTHORIZE TRANSPORTATION BETWEEN ANY PRESCRIBED POINTS, PROVIDED THE COST OF THE MOVEMENT IS LIMITED TO THAT WHICH WOULD BE INVOLVED FOR THE DISTANCE FROM THE LAST DUTY STATION, OR FROM A MORE DISTANT LOCATION IF AUTHORIZED UNDER PARAGRAPH M8253, TO HOME OF RECORD OR PLACE FROM WHICH CALLED TO ACTIVE DUTY AS ELECTED BY THE MEMBER UNDER PARAGRAPH M4157 OF THE REGULATIONS- - THE MAXIMUM STATUTORY OBLIGATION OF THE GOVERNMENT. TRANSPORTATION - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - AFTER ACQUIRED REGULATIONS TO AUTHORIZE THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES BETWEEN ANY PRESCRIBED POINTS UPON SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY, THE COST LIMITED TO THE DISTANCE FROM THE LAST DUTY STATION, OR FROM A MORE DISTANT LOCATION IF AUTHORIZED PURSUANT TO PARAGRAPH M8253 OF THE JOINT TRAVEL REGULATIONS TO HOME OF RECORD OR PLACE FROM WHICH CALLED TO ACTIVE DUTY AS ELECTED BY THE MEMBER UNDER PARAGRAPH M4157, WOULD NOT BE FOR APPLICATION TO HOUSEHOLD EFFECTS THAT WERE NOT BROUGHT INTO THE SERVICE FOR USE IN THE MEMBER'S HOUSEHOLD AT SOME TIME DURING HIS CURRENT TOUR OF ACTIVE DUTY.

TO THE SECRETARY OF THE ARMY, MAY 29, 1968:

FURTHER REFERENCE IS MADE TO LETTER OF DECEMBER 28, 1967, FROM THE UNDER SECRETARY OF THE ARMY REQUESTING A DECISION WHETHER THE JOINT TRAVEL REGULATIONS, VOLUME 1, MAY BE AMENDED AS PROVIDED IN AN ATTACHED PROPOSED REVISION OF THE REGULATIONS, TO EXPAND DEPENDENT AND HOUSEHOLD GOODS TRANSPORTATION ENTITLEMENTS INCIDENT TO A MEMBER'S SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 68-5 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE UNDER SECRETARY STATES THAT CURRENTLY THE MAXIMUM ENTITLEMENT UPON SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY IS LIMITED TO TRAVEL OR TRANSPORTATION FROM CERTAIN SPECIFIED PLACES TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES FOR HIS OWN TRAVEL UNDER PARAGRAPH M4157 OF THE JOINT TRAVEL REGULATIONS. HE EXPRESSES THE BELIEF THAT MANY MEMBERS ARE BEING PENALIZED WITH REGARD TO TRANSPORTATION ENTITLEMENTS INCIDENT TO SEPARATION UNDER THE PRESENT REGULATIONS IN VIEW OF THE NUMEROUS AUTHORIZED PLACES WHERE DEPENDENTS AND HOUSEHOLD GOODS MAY BE LOCATED ON DATE OF SEPARATION AND THE PLACES TO WHICH TRANSPORTATION ON SEPARATION MAY BE DESIRED BY THE MEMBER.

THEREFORE, THE UNDER SECRETARY SAYS, IT IS PROPOSED TO AMEND PARAGRAPH M7009-1 OF THE JOINT TRAVEL REGULATIONS TO AUTHORIZE TRANSPORTATION OF DEPENDENTS FROM THE LAST PERMANENT DUTY STATION, OR FROM ANY PLACE, INCLUDING THE HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, TO WHICH LAST TRANSPORTED AT GOVERNMENT EXPENSE, TO THE HOME OF RECORD, TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, OR TO A PLACE OTHER THAN THE HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY LIMITED TO THE DISTANCE TO THE HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, WHICHEVER IS GREATER.

THE UNDER SECRETARY SAYS THAT, IN ADDITION, IT IS PROPOSED TO AMEND PARAGRAPH M8259-1 OF THE REGULATIONS TO AUTHORIZE TRANSPORTATION OF HOUSEHOLD GOODS FROM THE LAST OR ANY PRIOR PERMANENT DUTY STATION, FROM A PLACE TO WHICH PREVIOUSLY SHIPPED UNDER THE PROVISIONS OF PARAGRAPH M8253- 2B, FROM A PLACE OF STORAGE, FROM THE HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, OR FROM ANY COMBINATION THEREOF, TO THE HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, OR PART TO HOME OF RECORD AND PART TO PLACE FROM WHICH ORDERED TO ACTIVE DUTY, AND TO PLACES OTHER THAN HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY LIMITED TO THE COST OF SHIPMENT FROM PLACE OF AUTHORIZED ORIGIN TO THE HOME OF RECORD OR PLACE FROM WHICH CALLED TO ACTIVE DUTY, WHICHEVER IS GREATER. PARAGRAPH M8259-1 WOULD FURTHER BE REVISED TO PROVIDE THAT WHEN SHIPMENT IS MADE FROM TWO OR MORE PLACES OF ORIGIN TO A PLACE OTHER THAN THE HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY MEMBERS WILL BEAR ANY COST OF TRANSPORTATION IN EXCESS OF THE COST OF SHIPPING EACH LOT FROM THE PLACE OF AUTHORIZED ORIGIN TO THE HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, WHICHEVER IS GREATER.

SECTION 404 (A) (3) OF TITLE 37, U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER VARIOUS CIRCUMSTANCES OF TRAVEL, INCLUDING UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY, FROM HIS LAST DUTY STATION TO HIS HOME OR PLACE FROM WHICH HE WAS CALLED TO ACTIVE DUTY. THE LAW DOES NOT PROVIDE THE ALLOWANCES FOR THE GREATER OF THOSE DISTANCES, BUT LEAVES THE CHOICE OF DESTINATION TO THE MEMBER AND THE JOINT TRAVEL REGULATIONS (PAR. M4157), FROM THEIR INCEPTION, HAVE REQUIRED THAT HE ELECT TO RECEIVE MILEAGE EITHER TO HIS HOME OF RECORD OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY.

PARAGRAPH M3003-1A OF THE REGULATIONS DEFINES THE TERM "PERMANENT CHANGE OF STATION" TO INCLUDE THE CHANGE FROM LAST DUTY STATION TO HOME OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY. UNDER SUCH PROVISIONS, THE PLACE ELECTED BECOMES THE NEW STATION OF THE MEMBER, AND THE MOVE FROM LAST STATION TO SUCH SELECTED PLACE A PERMANENT CHANGE OF STATION BETWEEN THOSE POINTS.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES THAT A MEMBER ORDERED TO MAKE A PERMANENT CHANGE OF STATION IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AND HOUSEHOLD EFFECTS UNDER SUCH CONDITIONS AND LIMITATIONS AND TO AND FROM SUCH PLACES AS PRESCRIBED BY THE SECRETARIES CONCERNED. UNDER THAT BROAD AUTHORITY THERE WOULD APPEAR TO BE NO BASIS FOR LEGAL OBJECTION TO PROPERLY CONSTITUTED REGULATIONS RECOGNIZING A RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS AND HOUSEHOLD EFFECTS BETWEEN ANY PRESCRIBED POINTS UPON SEPARATION FROM SERVICE OR RELIEF FROM ACTIVE DUTY, PROVIDED THE MOVEMENT DOES NOT EXCEED THE MAXIMUM STATUTORY OBLIGATION OF THE GOVERNMENT FOR SUCH TRANSPORTATION INCIDENT TO THE ORDERED CHANGE OF STATION.

A DULY AUTHORIZED PERMANENT CHANGE OF STATION FIXES THE RIGHT UNDER 37 U.S.C. 406 TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS, WITHIN PRESCRIBED LIMITATIONS, FROM THE OLD PERMANENT STATION TO THE NEW, OR AS OTHERWISE PROVIDED.

AS INDICATED ABOVE, A MEMBER'S SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY CONSTITUTES A PERMANENT CHANGE OF STATION FROM LAST DUTY STATION TO HIS HOME OR PLACE FROM WHICH CALLED TO ACTIVE DUTY, AS ELECTED. ACCORDINGLY, WE WILL NOT OBJECT TO THE PROPOSED AMENDMENTS TO THE JOINT TRAVEL REGULATIONS PROVIDED THEY ARE REVISED TO LIMIT THE COST TO THE GOVERNMENT TO THAT WHICH WOULD BE INVOLVED FOR THE DISTANCE FROM THE LAST DUTY STATION, OR FROM A MORE DISTANT LOCATION IF AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH M8253 OF THE REGULATIONS, TO HOME OF RECORD OR PLACE FROM WHICH CALLED TO ACTIVE DUTY AS ELECTED BY THE MEMBER UNDER PARAGRAPH M4157 OF THE REGULATIONS. IT IS ASSUMED, OF COURSE, THAT THE PROPOSED REGULATIONS WILL HAVE NO APPLICATION TO HOUSEHOLD EFFECTS THAT HAVE NOT BEEN BROUGHT INTO THE SERVICE FOR USE IN THE MEMBER'S HOUSEHOLD AT SOME TIME DURING HIS CURRENT TOUR OF ACTIVE SERVICE. SEE 26 COMP. GEN. 70; ID. 925; 41 ID. 544.