B-164258, OCT. 25, 1968

B-164258: Oct 25, 1968

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CHANDLER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 68 20 BY THE PER DIEM. WHILE BOTH WERE ON ACTIVE DUTY STATIONED IN GUAM. LIEUTENANT HOFMEISTER SUBMITTED A REQUEST FOR EXTENSION OF HER TOUR ON GUAM AS SHE WAS COMPLETING HER TOUR AND WAS DUE FOR A PERMANENT CHANGE OF STATION. THOSE ORDERS WERE CANCELLED ON MARCH 18. HER TOUR OF DUTY ON GUAM WAS EXTENDED UNTIL JUNE 1968. HER RESIGNATION WAS ACCEPTED AND BY BUREAU OF NAVAL PERSONNEL ORDER. SHE WAS RELEASED FROM ACTIVE DUTY ON AUGUST 3. AT HER REQUEST SHE WAS RELEASED IN GUAM IN ORDER TO REMAIN WITH HER HUSBAND. ON THE BASIS OF RELEASE FROM ACTIVE DUTY OVERSEAS AND NO TRAVEL PERFORMED SHE WAS PAID MILEAGE BASED ON THE DISTANCE FROM SAN FRANCISCO.

B-164258, OCT. 25, 1968

TO MR. W. F. CHANDLER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 1968, BD:WFC:MEL, 7200, ENCLOSING VOUCHERS IN FAVOR OF LIEUTENANT ALLAN B. ROGERS, USN, WITH SUPPORITNG DOCUMENTS, FOR TRAVEL ALLOWANCES INCIDENT TO TRAVEL BY HIM AND HIS WIFE AND CHILD FROM GUAM TO LOUISVILLE, KENTUCKY, PLUS DISLOCATION ALLOWANCE, AND REQUESTING A DECISION AS TO THE PAYMENT AND/OR COLLECTION AUTHORIZED UNDER THE CIRCUMSTANCES SET FORTH IN YOUR LETTER. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 68 20 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

ON MARCH 16, 1967, LIEUTENANT ALLAN B. ROGERS, USN, MARRIED A NAVY NURSE, LIEUTENANT MARY ANNE L. HOFMEISTER, USNR, WHILE BOTH WERE ON ACTIVE DUTY STATIONED IN GUAM. ON FEBRUARY 20, 1967, PRIOR TO THE WEDDING DATE, LIEUTENANT HOFMEISTER SUBMITTED A REQUEST FOR EXTENSION OF HER TOUR ON GUAM AS SHE WAS COMPLETING HER TOUR AND WAS DUE FOR A PERMANENT CHANGE OF STATION. BEFORE ACTION COULD BE TAKEN ON THIS REQUEST FOR AN EXTENSION, LIEUTENANT HOFMEISTER RECEIVED BUREAU OF NAVAL PERSONNEL ORDER 033617, DATED FEBRUARY 28, 1967, ASSIGNING HER TO U.S. NAVAL HOSPITAL, JACKSONVILLE, FLORIDA, FOR DUTY. THOSE ORDERS WERE CANCELLED ON MARCH 18, 1967, AND ON MARCH 22, 1967, HER TOUR OF DUTY ON GUAM WAS EXTENDED UNTIL JUNE 1968. ON JUNE 7, 1967, MRS. ROGERS TENDERED A RESIGNATION OF HER COMMISSION WITH THE NAVAL RESERVE DUE TO PREGNANCY.

HER RESIGNATION WAS ACCEPTED AND BY BUREAU OF NAVAL PERSONNEL ORDER, PERS -B-1403B-TAB-2, DATED JULY 14, 1967, SHE WAS RELEASED FROM ACTIVE DUTY ON AUGUST 3, 1967. AT HER REQUEST SHE WAS RELEASED IN GUAM IN ORDER TO REMAIN WITH HER HUSBAND. ON THE BASIS OF RELEASE FROM ACTIVE DUTY OVERSEAS AND NO TRAVEL PERFORMED SHE WAS PAID MILEAGE BASED ON THE DISTANCE FROM SAN FRANCISCO, CALIFORNIA, TO HER HOME OF RECORD, MILWAUKEE, WISCONSIN. A DAUGHTER, SANDRA JEANNE ROGERS, WAS BORN IN GUAM ON DECEMBER 6, 1967.

BY BUREAU OF NAVAL PERSONNEL ORDER 08532 DATED DECEMBER 15, 1967, LIEUTENANT ALLAN B. ROGERS, WAS RELIEVED OF DUTY ON GUAM AND TRANSFERRED TO LOUISVILLE, KENTUCKY. SINCE HE WAS ON AN 18 - MONTH "ALL OTHERS" TOUR ON GUAM HE REQUESTED AND WAS ISSUED A MATS TRANSPORTATION AUTHORIZATION FOR HIMSELF FOR "UNACCOMPANIED" TRAVEL BY AIR FROM GUAM TO TRAVIS AIR FORCE BASE, CALIFORNIA. MRS. ROGERS REQUESTED AND WAS ISSUED A MATS TRANSPORTATION AUTHORIZATION FOR HERSELF AND INFANT DAUGHTER FOR AIR TRAVEL BETWEEN THE SAME POINTS BASED ON HER UNUSED ENTITLEMENT TO OCEAN TRAVEL UNDER HER ORDERS OF JULY 14, 1967. LIEUTENANT ROGERS REQUESTED AND WAS ISSUED A GOVERNMENT TRANSPORTATION REQUEST FOR HIMSELF, HIS WIFE AND DAUGHTER, FOR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO CHICAGO, ILLINOIS, VIA BOISE, IDAHO (CIRCUITOUS ROUTING -- NO EXCESS COST INVOLVED), BASED ON HIS ORDERS OF DECEMBER 15, 1967. THE TRAVEL WAS PERFORMED BY COMMERCIAL AIR. LIEUTENANT ROGERS AND HIS DEPENDENTS TRAVELED FROM CHICAGO TO LOUISVILLE BY PRIVATELY OWNED AUTOMOBILE.

SECTION 404 OF TITLE 37 U.S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER ORDERS UPON CHANGE OF PERMANENT STATION AND UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY, FROM HIS LAST DUTY STATION TO HIS HOME OR THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY, WHETHER OR NOT HE IS A MEMBER OF THE UNIFORMED SERVICE AT THE TIME THE TRAVEL IS PERFORMED.

PARAGRAPH M4157-LB OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY OUTSIDE THE UNITED STATES WILL BE ENTITLED TO TRAVEL ALLOWANCES AS PROVIDED IN PARAGRAPH M4159. INASMUCH AS MRS. ROGERS ELECTED UPON RELEASE FROM ACTIVE DUTY TO RECEIVE TRAVEL ALLOWANCES TO MILWAUKEE, WISCONSIN, HER HOME OF RECORD, SHE WAS PROPERLY ENTITLED UNDER PARAGRAPH M4159-5B2 TO MILEAGE FOR THE OFFICIAL DISTANCE FROM SEATTLE, WASHINGTON, TO MILWAUKEE RATHER THAN AS PAID FROM SAN FRANCISCO, CALIFORNIA, TO MILWAUKEE, THE OFFICIAL DISTANCE FROM SEATTLE INVOLVING A LESSER DISTANCE. SHE WAS ALSO ENTITLED TO THE TRANSPORTATION FURNISHED TO HER FROM GUAM TO PORT OF DEBARKATION IN THE UNITED STATES SINCE THAT TRAVEL WAS PERFORMED WITHIN ONE YEAR FOLLOWING HER RELEASE FROM ACTIVE DUTY (SEE PARAGRAPH M4157-6).

SINCE, HOWEVER, MRS. ROGERS DID NOT HAVE A DEPENDENT ON THE EFFECTIVE DATE OF THE ORDERS OF JULY 14, 1967, EFFECTING HER SEPARATION, SHE WAS NOT ENTITLED TO TRANSPORTATION FOR HER DAUGHTER INCIDENT TO HER RELEASE FROM ACTIVE DUTY.

IT APPEARS FROM PARAGRAPH 3H AND RATE TABLE IV (PAGE 29, ATTACHMENT 1), AIR FORCE REGULATION 76-11, JANUARY 18, 1968 (EFFECTIVE DECEMBER 1, 1967), THAT THE VALUE OF THE MATS TRANSPORTATION FURNISHED THE CHILD IS $125. ACCORDINGLY, COLLECTION SHOULD BE EFFECTED FROM MRS. ROGERS IN THE SUM OF $125 PLUS THE DIFFERENCE BETWEEN THE MILEAGE FROM SAN FRANCISCO TO MILWAUKEE WHICH SHE RECEIVED AND MILEAGE FROM SEATTLE TO MILWAUKEE TO WHICH SHE WAS ENTITLED UPON HER RELEASE FROM ACTIVE DUTY.

SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES THAT A MEMBER WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS, TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, FOR SUCH GRADES, RANKS AND RATINGS, AND TO AND FROM SUCH PLACES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. THE RIGHT TO TRAVEL OF DEPENDENTS, HOWEVER, 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.

THE JOINT TRAVEL REGULATIONS PROVIDE (PARAGRAPH M7000-14) THAT A MEMBER IS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS TO OR FROM THE UNITED STATES WHEN HE IS CONSIDERED TO BE A MEMBER WITHOUT DEPENDENTS AS DEFINED IN PARAGRAPH M4300-2, ITEM 3. PARAGRAPH M4300-2, ITEM 3, PROVIDES THAT THE TERM "MEMBER WITHOUT DEPENDENTS" APPLIES DURING THE REMAINDER OF ANY TOUR IN WHICH DEPENDENTS ARE ACQUIRED AND THE MEMBER IS NOT CONSIDERED TO BE A MEMBER WITH DEPENDENTS UNDER SUBPARAGRAPH 1. SUBPARAGRAPH 1 PROVIDES THAT A MEMBER WHO ACQUIRED DEPENDENTS WHILE SERVING OUTSIDE THE UNITED STATES WILL BE CONSIDERED AS A "MEMBER WITH DEPENDENTS," PROVIDED THAT HE HAS AT LEAST 12 MONTHS REMAINING ON HIS OVERSEAS TOUR AFTER SUCH ACQUISITION, OR SERVES THE ACCOMPANIED TOUR AT THAT STATION, WHICHEVER IS CONSIDERED TO BE IN THE BEST INTEREST OF THE GOVERNMENT AS DETERMINED BY THE SERVICE CONCERNED.

THE DEPARTMENT OF DEFENSE POLICY ON OVERSEAS TOURS OF DUTY FOR MILITARY PERSONNEL AND RELATED POLICIES AFFECTING THEIR DEPENDENTS, INCLUDING TRAVEL OF DEPENDENTS, IS SET FORTH IN DEPARTMENT OF DEFENSE DIRECTIVE 1315.7, DATED APRIL 6, 1963, AS AMENDED. AN ENCLOSURE TO THAT DIRECTIVE, IN EFFECT AT THE TIME HERE INVOLVED, SHOWS THAT MEMBERS WERE REQUIRED TO SERVE 24 MONTHS AT GUAM IF ACCOMPANIED BY DEPENDENTS AND 18 MONTHS IF SERVING ON THE ALL OTHERS TOUR.

PARAGRAPH V-C-10 OF THAT DIRECTIVE SPECIFICALLY PROVIDES, LIKE THE JOINT TRAVEL REGULATIONS, THAT MILITARY PERSONNEL WHO ACQUIRE DEPENDENTS WHILE SERVING IN AN OVERSEAS AREA "ALTHOUGH OTHERWISE ENTITLED," WILL NOT BE AUTHORIZED TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE INCIDENT TO THEIR NEXT PERMANENT CHANGE OF STATION UNLESS THEY HAVE AT LEAST 12 MONTHS REMAINING ON THEIR OVERSEAS TOUR AFTER ACQUISITION OF DEPENDENTS, OR SERVE THE ACCOMPANIED TOUR OF DUTY AT THAT STATION, WHICHEVER IS CONSIDERED TO BE IN THE BEST INTERESTS OF THE GOVERNMENT AS DETERMINED BY THE SERVICE CONCERNED.

SINCE LIEUTENANT ROGERS DID NOT HAVE 12 MONTHS REMAINING ON HIS OVERSEAS TOUR AFTER ACQUIRING A DEPENDENT BUT DEPARTED GUAM UPON COMPLETION OF AN UNACCOMPANIED TOUR, THE REGULATIONS HAVE THE EFFECT OF DENYING ANY TRANSPORTATION AT GOVERNMENT EXPENSE FOR HIS WIFE AND CHILD INCIDENT TO THE CHANGE OF STATION ORDERS OF DECEMBER 14, 1967. SEE B-162837 OF FEBRUARY 13, 1968, 47 COMP. GEN. 445. CONSEQUENTLY, HE IS PROPERLY CHARGEABLE WITH THE COST OF THE TRANSPORTATION FURNISHED HIS DEPENDENTS ON GOVERNMENT TRANSPORTATION REQUEST FROM SAN FRANCISCO TO CHICAGO.

SECTION 407 OF TITLE 37, U.S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED A DISLOCATION ALLOWANCE MAY BE PAID TO A MEMBER WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS CHANGE OF PERMANENT STATION. IT FURTHER PROVIDES (SUBSECTION 3) AS ADDED BY SECTION 1 (4) OF PUBLIC LAW 90-207, 81 STAT. 651, APPROVED DECEMBER 16, 1967) THAT THE ALLOWANCE MAY BE PAID A MEMBER WITHOUT DEPENDENTS WHO IS TRANSFERRED TO A STATION WHERE HE IS NOT ASSIGNED TO QUARTERS OF THE UNITED STATES AND THAT FOR THE PURPOSES OF SUBSECTION (3) A MEMBER WHOSE DEPENDENTS MAY NOT MAKE AN AUTHORIZED MOVE IN CONNECTION WITH A CHANGE OF PERMANENT STATION IS CONSIDERED A MEMBER WITHOUT DEPENDENTS.

PARAGRAPH M9001-2 OF THE JOINT TRAVEL REGULATIONS DEFINES THE TERM "MEMBER WITHOUT DEPENDENTS" TO INCLUDE A MEMBER WHO IS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS UNDER PARAGRAPH M7000 IN CONNECTION WITH A PERMANENT CHANGE OF STATION.

PARAGRAPH M9003-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A DISLOCATION ALLOWANCE IS PAYABLE WHENEVER A MEMBER WITHOUT DEPENDENTS IS TRANSFERRED TO A PERMANENT DUTY STATION WHERE HE IS NOT ASSIGNED TO GOVERNMENT QUARTERS. PARAGRAPH M9009 PROVIDES THAT THE DISLOCATION ALLOWANCE AUTHORIZED IN PARAGRAPH M9003-1 FOR A MEMBER WITHOUT DEPENDENTS AS DEFINED IN PARAGRAPH M9001-2 IS PAYABLE TO MEMBERS WHO COMPLETE PERMANENT CHANGE OF STATION TRAVEL ON OR AFTER OCTOBER 1, 1967, UNDER ORDERS EFFECTIVE ON OR AFTER THAT DATE. THEREFORE, IT APPEARS THAT IF LIEUTENANT ROGERS WAS NOT ASSIGNED TO GOVERNMENT QUARTERS AT LOUISVILLE HE IS PROPERLY ENTITLED TO A DISLOCATION ALLOWANCE AS FOR A MEMBER WITHOUT DEPENDENTS.

FOR HIS PERSONAL TRAVEL UNDER THE ORDERS OF DECEMBER 15, 1967, LIEUTENANT ROGERS IS ENTITLED UNDER THE PROVISIONS OF PARAGRAPH M4159 OF THE JOINT TRAVEL REGULATIONS TO PER DIEM FOR THE PERIOD OF TRAVEL FROM GUAM TO SAN FRANCISCO AND FOR THE TIME REQUIRED TO TRAVEL BY AIR FROM SAN FRANCISCO TO LOUISVILLE. SINCE THE COST OF HIS TRANSPORTATION FROM SAN FRANCISCO TO CHICAGO, OBTAINED BY GOVERNMENT TRANSPORTATION REQUEST ($128.95), IS GREATER THAN THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AUTHORIZED FOR THE OFFICIAL DISTANCE FROM SAN FRANCISCO TO LOUISVILLE, HE IS NOT ENTITLED TO AN ADDITIONAL TRANSPORTATION ALLOWANCE FOR HIS OWN CIRCUITOUS TRAVEL (SEE PARAGRAPH M4154-2).

WHILE LIEUTENANT ROGERS IS ENTITLED TO PER DIEM AND TO A DISLOCATION ALLOWANCE, IF NOT ASSIGNED GOVERNMENT QUARTERS AT LOUISVILLE, INCIDENT TO HIS TRAVEL UNDER THE ORDERS OF DECEMBER 15, 1967, AS INDICATED ABOVE, THE COST OF THE DEPENDENTS' TRANSPORTATION FOR THEIR TRAVEL FROM SAN FRANCISCO TO CHICAGO ($98 FOR WIFE PLUS $49.05 FOR CHILD) SHOLD BE OFFSET AGAINST THE AMOUNT FOUND DUE FROM THOSE ITEMS OR, IN THE EVENT SUCH COST EXCEEDS THAT OTHERWISE FOUND DUE, COLLECTION OF THE EXCESS SHOULD BE MADE FROM THE OFFICER.

THE TRAVEL VOUCHER FOR LIEUTENANT ROGERS' TRAVEL IS RETURNED HEREWITH, ACTION THEREON BEING AUTHORIZED AS INDICATED ABOVE. THE VOUCHER FOR TRAVEL OF DEPENDENTS IS RETAINED SINCE NO PAYMENT THEREON IS AUTHORIZED.