B-169819, JUN. 26, 1970

B-169819: Jun 26, 1970

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KIRK IS THE WIFE OF CMSGT WARREN C. KIRK WHOSE STATION WAS CHANGED FROM ADAIR AFS. HE WAS REIMBURSED DEPENDENT TRAVEL FOR HIS DAUGHTER AND DISLOCATION ALLOWANCE AS AUTHORIZED BY JOINT TRAVEL REGULATIONS (JTR). YOU QUESTION HER RIGHT TO REIMBURSEMENT IN HER OWN RIGHT SINCE SHE WAS ENTITLED TO TRAVEL FROM ADAIR AFS TO RICHARDS-GEBAUR AFB AS A MILITARY DEPENDENT. TRANSPORTATION ENTITLEMENT APPLIES IF THE SPOUSE OF AN EMPLOYEE IS IN MILITARY SERVICE TO THE EXTENT THAT THERE IS NO DUPLICATION OF TRAVEL AND TRANSPORTATION.". PROVIDE AS FOLLOWS WITH RESPECT TO ALLOWANCES FOR MISCELLANEOUS EXPENSES: "C 8302 ELIGIBILITY "A MISCELLANEOUS EXPENSE ALLOWANCE WILL BE PAYABLE TO AN EMPLOYEE FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED.

B-169819, JUN. 26, 1970

TO CAPTAIN W. S. ADAMS:

WE REFER FURTHER TO YOUR MEMORANDUM OF JANUARY 28, 1970, REFERENCE 4676AAF-T, REFERRED HERE MAY 11, 1970, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, CONTROL NO. 70-27, WHICH REQUESTS A DECISION ON THE ALLOWABILITY OF CERTAIN TRANSPORTATION ENTITLEMENTS TO MRS. HATTIE C. KIRK UNDER THE FOLLOWING CIRCUMSTANCES.

MRS. KIRK IS THE WIFE OF CMSGT WARREN C. KIRK WHOSE STATION WAS CHANGED FROM ADAIR AFS, OREGON, TO RICHARDS-GEBAUR AFB, MISSOURI, DURING THE PERIOD SEPTEMBER 6-12, 1969. HE WAS REIMBURSED DEPENDENT TRAVEL FOR HIS DAUGHTER AND DISLOCATION ALLOWANCE AS AUTHORIZED BY JOINT TRAVEL REGULATIONS (JTR), VOLUME 1.

MRS. KIRK, A CIVILIAN EMPLOYEE, HAD A PERMANENT CHANGE OF STATION FROM ADAIR AFS TO RICHARDS-GEBAUR AFB UNDER ORDERS DATED AUGUST 15, 1969. SHE CLAIMS MILEAGE AND MISCELLANEOUS EXPENSES INCIDENT TO HER PERMANENT CHANGE OF STATION. PRESUMABLY SHE DID NOT TRAVEL WITH HER HUSBAND AS HER CLAIM VOUCHER SHOWS DEPARTURE AND ARRIVAL DATES DIFFERENT FROM THOSE ATTRIBUTED TO MR. KIRK.

YOU QUESTION HER RIGHT TO REIMBURSEMENT IN HER OWN RIGHT SINCE SHE WAS ENTITLED TO TRAVEL FROM ADAIR AFS TO RICHARDS-GEBAUR AFB AS A MILITARY DEPENDENT. YOU ASK WHETHER SHE PROPERLY COULD SIGN TRANSPORTATION AGREEMENT AND, IF SO, WHETHER MISCELLANEOUS EXPENSES WOULD BE REIMBURSABLE.

SECTION C 1100 JTR, VOLUME II, IN DEFINING DEPENDENT TO INCLUDE SPOUSE, PROVIDES THAT:

"THIS TERM APPLIES REGARDLESS OF AN EMPLOYEE'S SEX. TRANSPORTATION ENTITLEMENT APPLIES IF THE SPOUSE OF AN EMPLOYEE IS IN MILITARY SERVICE TO THE EXTENT THAT THERE IS NO DUPLICATION OF TRAVEL AND TRANSPORTATION."

SECTIONS C 8302 AND 8303 OF THE JOINT TRAVEL REGULATIONS, VOLUME II, PROVIDE AS FOLLOWS WITH RESPECT TO ALLOWANCES FOR MISCELLANEOUS EXPENSES:

"C 8302 ELIGIBILITY

"A MISCELLANEOUS EXPENSE ALLOWANCE WILL BE PAYABLE TO AN EMPLOYEE FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, WHEN HE HAS DISCONTINUED AND ESTABLISHED A RESIDENCE IN CONNECTION WITH SUCH CHANGE OF STATION, REGARDLESS OF WHERE THE OLD OR NEW DUTY STATION IS LOCATED, PROVIDED AN APPROPRIATE AGREEMENT IS SIGNED.

"C 8303 AMOUNT ALLOWABLE

"1. MINIMUM. ALLOWANCES IN THE FOLLOWING AMOUNTS MAY BE PAID WITHOUT BEING SUPPORTED BY RECEIPTS OR ITEMIZED STATEMENTS INDICATING THE NATURE OF COSTS OR EXPENSES BEING REIMBURSED:

"4. THE DIFFERENCE BETWEEN THE DISLOCATION ALLOWANCE RECEIVED BY A MILITARY MEMBER, WHO HAS AN EMPLOYEE SPOUSE TRANSFERRED UNDER SEPARATE TRAVEL ORDER BETWEEN THE SAME PLACES, AND THE AMOUNT ALLOWABLE FOR AN EMPLOYEE WITH DEPENDENTS UNDER ITEM 2."

ACCORDINGLY, WE CONCLUDE THAT MRS. KIRK MAY PROPERLY SIGN A TRANSPORTATION AGREEMENT AND BE ISSUED CIVILIAN PERMANENT CHANGE OF STATION ORDERS. REIMBURSEMENT OF HER MISCELLANEOUS EXPENSES WOULD BE PROPER AS PROVIDED BY C8303 JTR, VOLUME II, AND PAYMENT OF HER TRAVEL EXPENSES WOULD BE AUTHORIZED TO THE EXTENT THEY DO NOT DUPLICATE THOSE OF HER HUSBAND.

THE VOUCHER SUBMITTED WITH YOUR REQUEST IS RETURNED AND IF OTHERWISE PROPER MAY BE PAID AS PROVIDED HEREIN.