B-170734, OCT. 16, 1970

B-170734, OCT. 16, 1970

TRANSFER - DEPENDENT'S TRAVEL EXPENSES - DISLOCATION ALLOWANCE SUSTAINING SETTLEMENT OF JANUARY 30, 1969, WHICH DISALLOWED A MEMBER'S CLAIM FOR DEPENDENT TRAVEL ALLOWANCES AND DISLOCATION ALLOWANCES FOR TRAVEL PERFORMED BY MEMBER'S WIFE PRIOR TO THE ISSUANCE OF ORDERS AUTHORIZING SUCH TRAVEL. MEMBER OF THE UNIFORMED SERVICES, WHO WAS AUTHORIZED EMERGENCY TRAVEL FROM OVERSEAS STATION TO STATE SIDE, DUE TO DEATH OF HIS MOTHER, AND WHOSE WIFE ACCOMPAINED HIM, USING THE MEANS OF A FOREIGN AIRCRAFT FLIGHT, GIVING THE REASON THAT IT IS THE FASTEST AVAILABLE, IS DISALLOWED REIMBURSEMENT IN THE ABSENCE OF A DETERMINATION THAT AMERICAN REGISTERED AIRCRAFT WAS NOT AVAILABLE. THERE IS NO AUTHORITY UNDER THE REGULATIONS FOR REIMBURSEMENT OF THE COST OF ANY PORTION OF THE TRAVEL PERFORMED BY THE WIFE PRIOR TO THE ISSUANCE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION.

TO MR. LARRY C. WASHE:

YOUR LETTER TO THE PRESIDENT OF THE UNITED STATES, DATED JULY 7, 1970, REGARDING THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES FOR EXCESS LEAVE AND YOUR CLAIM FOR REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENT WIFE AND PAYMENT OF A DISLOCATION ALLOWANCE WHILE ON ACTIVE DUTY AS STAFF SERGEANT, REGULAR ARMY, HAS BEEN FORWARDED TO OUR OFFICE FOR REPLY.

SINCE THE CLAIM FOR DEPENDENT TRAVEL ALLOWANCES AND DISLOCATION ALLOWANCE WAS DISALLOWED BY SETTLEMENT OF OUR CLAIMS DIVISION DATED JANUARY 30, 1969, YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THE SETTLEMENT.

BY LETTER ORDER 6-100, HEADQUARTERS 3D ARMORED DIVISION (SPEARHEAD) APO 09039, DATED JUNE 26, 1967, YOU WERE GRANTED EMERGENCY LEAVE NOT TO EXCEED 30 DAYS AND AUTHORIZED TO TRAVEL TO PORT HURON, MICHIGAN, BECAUSE OF THE DEATH OF YOUR MOTHER. YOU WERE DIRECTED TO REPORT TO RHEIN/MAIN AIR BASE, GERMANY, FOR TRANSPORTATION BY MILITARY AIRLIFT COMMAND TO THE UNITED STATES. THE ORDERS PROVIDED THAT TRANSPORTATION FROM THE AERIAL PORT OF DEBARKATION IN THE UNITED STATES TO LEAVE ADDRESS AND RETURN WAS TO BE AT NO EXPENSE TO THE GOVERNMENT. UPON EXPIRATION OF LEAVE YOU WERE DIRECTED TO REPORT TO MCGUIRE AIR BASE, NEW JERSEY, FOR RETURN TRIP TO YOUR DUTY STATION. THE ORDERS MADE NO REFERENCE TO TRAVEL OF YOUR WIFE.

ON JULY 27, 1967, AFTER YOUR RETURN TO GERMANY, YOU REQUESTED APPROVAL OF THE ADVANCE TRAVEL OF YOUR WIFE TO THE UNITED STATES. YOU STATED THAT ON JUNE 26, 1967, YOU WERE GRANTED 30 DAYS' EMERGENCY LEAVE UPON BEING NOTIFIED THAT YOUR MOTHER HAD DIED. YOU STATED FURTHER THAT YOUR WIFE HAD ACCOMPANIED YOU TO THE UNITED STATES AND HAD REMAINED AT YOUR LEAVE ADDRESS IN PORT HURON, MICHIGAN, TO TAKE CARE OF YOUR FATHER.

YOUR REQUEST WAS APPROVED AUGUST 2, 1967, AND BY LETTER ORDER 8-12, DATED AUGUST 7, 1967, THE ADVANCE RETURN OF YOUR DEPENDENT WIFE FROM YOUR OVERSEAS DUTY STATION TO PORT HURON, MICHIGAN, WAS AUTHORIZED. THE TRAVEL VOUCHER SUBMITTED FOR PAYMENT SHOWS THAT YOUR WIFE DEPARTED FROM FRANKFURT, GERMANY, EN ROUTE TO PORT HURON ON JUNE 27, 1967. YOU SUBSEQUENTLY FURNISHED EVIDENCE THAT HER TRAVEL FROM GERMANY TO NEW YORK WAS BY LUFTHANSA AIRLINE.

BY LETTER DATED JULY 17, 1968, THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, AFFIRMED A PREVIOUS DENIAL OF YOUR CLAIM, ADVISING THAT YOUR DEPENDENT'S TRAVEL FROM YOUR OVERSEAS STATION TO A DESTINATION IN THE UNITED STATES WAS PERFORMED PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS OR ANY AUTHORIZATION FOR HER TRAVEL. YOU WERE FURTHER ADVISED THAT THE FACT YOUR WIFE TRAVELED ON A FOREIGN AIRCRAFT TO THE UNITED STATES WOULD PROHIBIT ANY REIMBURSEMENT FOR THAT TRAVEL.

IN REPLY TO THAT ADVICE YOU STATED THAT THE FOREIGN AIRLINE WAS USED BECAUSE IT WAS THE FIRST AND FASTEST AVAILABLE AIR FLIGHT OUT OF GERMANY AT THAT TIME. YOU EXPRESSED THE OPINION THAT IF REIMBURSEMENT FOR THE COST OF TRAVEL BY FOREIGN AIRLINE WAS NOT AUTHORIZED, YOU SHOULD RECEIVE TRAVEL ALLOWANCES FOR YOUR WIFE'S TRAVEL FROM PORT OF ENTRY TO HOME OF RESIDENCE AND DISLOCATION ALLOWANCE SINCE DEPENDENT TRAVEL COULD HAVE BEEN PERFORMED IN JANUARY 1968, AT GOVERNMENT EXPENSE. YOUR CLAIM WAS FORWARDED TO OUR CLAIMS DIVISION FOR CONSIDERATION AND WAS DISALLOWED BY THE SETTLEMENT OF JANUARY 30, 1969, FOR THE REASONS STATED THEREIN.

IN YOUR LETTER OF JULY 7, 1970, TO THE PRESIDENT, YOU ACKNOWLEDGE YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $393.93, FOR EXCESS LEAVE. YOU SAY, HOWEVER, THAT THE MONEY BELIEVED DUE YOU ON YOUR CLAIM FOR DEPENDENT TRAVEL ALLOWANCES AND DISLOCATION ALLOWANCE WILL OFFSET THAT INDEBTEDNESS. AS A BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM YOU STATE THAT AT THE TIME YOU RECEIVED THE NOTIFICATION OF YOUR MOTHER'S DEATH, YOUR DIVISION WAS ON FIELD MANEUVERS AND YOU WERE UNABLE TO GO THROUGH PROPER CHANNELS FOR ORDERS FOR YOUR WIFE'S RETURN WITH YOU TO YOUR HOME AND IT WAS NOT UNTIL YOUR RETURN TO YOUR OVERSEAS DUTY STATION THAT YOU OBTAINED ORDERS FOR YOUR DEPENDENT'S EARLY RETURN. YOU CONTEND THAT THE USE OF A FOREIGN AIRCRAFT WAS NECESSARY TO GET YOUR WIFE HOME BY FASTEST MEANS AVAILABLE.

TRAVEL ALLOWANCES FOR THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES ARE PROVIDED BY REGULATIONS PROMULGATED PURSUANT TO AND IN ACCORDANCE WITH ENABLING STATUTORY PROVISIONS. THESE REGULATIONS ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS.

PARAGRAPH M7103 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 406(H) OF TITLE 37, U.S.C. PROVIDES IN PERTINENT PART FOR THE TRANSPORTATION TO THE UNITED STATES OF DEPENDENTS OF A MEMBER WHO IS PERMANENTLY STATIONED OUTSIDE THE UNITED STATES AND WHOSE REQUEST FOR SUCH DEPENDENTS' TRANSPORTATION HAS BEEN APPROVED BECAUSE OF A PERSONAL EMERGENCY CIRCUMSTANCE, NOTWITHSTANDING THE FACT THAT HIS PERMANENT STATION REMAINS UNCHANGED. THAT PARAGRAPH PROVIDES FURTHER THAT THE APPROVING AUTHORITY WILL DETERMINE THE DESIGNATED PLACE TO WHICH TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AND WILL INSURE THAT A REASONABLE RELATIONSHIP EXISTS BETWEEN THE CONDITIONS AND CIRCUMSTANCES IN EACH CASE AND THE DESTINATION TO WHICH TRANSPORTATION IS AUTHORIZED.

PARAGRAPH M7103 STATES EXPRESSLY, HOWEVER, THAT WHEN DEPENDENTS HAVE PERFORMED TRAVEL WITHOUT ORDERS TO AN APPROPRIATE DESTINATION UNDER CIRCUMSTANCES WHICH WOULD HAVE PERMITTED THEIR TRAVEL TO HAVE BEEN AUTHORIZED UNDER THE PROVISIONS OF THAT PARAGRAPH, NO REIMBURSEMENT IS AUTHORIZED EVEN THOUGH ORDERS ARE SUBSEQUENTLY ISSUED UNDER THE PROVISIONS OF PARAGRAPH M8303-3. PARAGRAPH M8303-3 RELATES TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS.

PARAGRAPH M7000, ITEM 7, OF THE REGULATIONS PROVIDES THAT THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED IN ANY EVENT FOR ANY PORTION OF THE TRAVEL PERFORMED BY THEM BY FOREIGN REGISTERED VESSELS OR AIRCRAFT IF AMERICAN REGISTERED VESSELS OR AIRCRAFT ARE AVAILABLE BY THE USUALLY TRAVELED ROUTE.

EXCEPT FOR TRAVEL AND TRANSPORTATION INCIDENT TO AN ORDERED EVACUATION AUTHORIZED UNDER 37 U.S.C. 405A, A DISLOCATION ALLOWANCE AUTHORIZED UNDER 37 U.S.C. 407 IS PAYABLE TO A MEMBER WITH DEPENDENTS ONLY WHEN HIS DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS CHANGE OF PERMANENT STATION. PARAGRAPH M9004-2, JOINT TRAVEL REGULATIONS, PROVIDES THAT A DISLOCATION ALLOWANCE IS NOT PAYABLE TO A MEMBER WITH DEPENDENTS IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED BY DEPENDENTS AT PERSONAL EXPENSE PRIOR TO ISSUANCE OF SUCH TRAVEL ORDERS OR PRIOR TO RECEIPT BY THE MEMBER OF OFFICIAL NOTICE THAT SUCH ORDERS WOULD BE ISSUED. MERE GENERAL KNOWLEDGE THAT CHANGE OF STATION ORDERS MAY BE FORTHCOMING AT SOME INDEFINITE TIME IN THE FUTURE IS INSUFFICIENT TO AUTHORIZE TRAVEL OF DEPENDENTS PRIOR TO CHANGE OF STATION ORDERS.

UNDER THE REGULATIONS CITED, REIMBURSEMENT FOR THE COST OF TRANSPORTATION FOR YOUR WIFE'S TRANSOCEANIC TRAVEL BY THE FOREIGN AIRLINE IS EXPRESSLY PROHIBITED IN THE ABSENCE OF A DETERMINATION THAT AMERICAN REGISTERED AIRCRAFT WERE NOT AVAILABLE FOR THE TRAVEL. NO SUCH DETERMINATION HAS BEEN MADE. HOWEVER THAT MAY BE, THERE IS NO AUTHORITY UNDER THE REGULATIONS FOR REIMBURSEMENT OF THE COST OF ANY PORTION OF THE TRAVEL PERFORMED BY HER UPON HER RETURN TO THE UNITED STATES SINCE THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF ANY AUTHORIZATION FOR HER RETURN.

ALSO, SINCE YOUR WIFE'S TRAVEL WAS NOT INCIDENT TO ORDERS DIRECTING A PERMANENT CHANGE OF STATION, THERE IS NO AUTHORITY FOR THE PAYMENT OF A DISLOCATION ALLOWANCE ON THE BASIS OF HER TRAVEL TO PORT HURON, MICHIGAN, ON JUNE 27, 1967. AS TO YOUR VIEW THAT SUCH PAYMENT MAY BE MADE BECAUSE SHE WOULD HAVE BEEN RETURNED TO THE UNITED STATES IN JANUARY 1968, IT APPEARS THAT HER RETURN AT THAT TIME WOULD HAVE BEEN DUE TO YOUR SEPARATION FROM SERVICE AND THE STATUTE INVOLVED PROVIDES THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE FOR TRAVEL FROM LAST DUTY STATION TO HOME ON SEPARATION FROM THE SERVICE.

IN THE SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES THIS OFFICE MUST COMPLY WITH THE GOVERNING LAWS AND REGULATIONS. ACCORDINGLY, WHILE APPRECIATING YOUR FEELING IN THIS MATTER, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE SETTLEMENT DATED JANUARY 30, 1969.

AS TO THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $393.93, ARRANGEMENTS SHOULD BE MADE FOR PAYMENT OF THE AMOUNT DUE. YOUR PROPOSED ARRANGEMENTS FOR REPAYMENT OF THE INDEBTEDNESS, TOGETHER WITH A CHECK OR MONEY ORDER MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" IN FULL OR PARTIAL PAYMENT OF THE DEBT, SHOULD BE FORWARDED TO THE CLAIMS DIVISION, U.S. GENERAL ACCOUNTING OFFICE, P.O. BOX 2610, WASHINGTON, D.C. 20013, WITHIN THE NEXT 30 DAYS.