B-172968, JUL 2, 1971

B-172968, JUL 2, 1971

MILITARY PERSONNEL - CHANGE OF STATION ORDERS DECISION DENYING CLAIM BY FORMER MEMBER, U.S. ARMY FOR REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS FROM FORT HUACHUCA, ARIZONA, TO SAN ANTONIO, TEXAS, BECAUSE THE DEPENDENTS LEFT PRIOR TO THE ISSUANCE OF ORDERS AND WITHOUT ANY OFFICIAL ADVICE BY THE COMMANDING OFFICER THAT PERMANENT CHANGE OF STATION ORDERS WOULD BE ISSUED.

TO MR. RICHARD A. DONLON:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 18, 1971, IN EFFECT REQUESTING REVIEW OF SETTLEMENT OF OUR CLAIMS DIVISION DATED MARCH 2, 1971, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM FORT HUACHUCA, ARIZONA, TO SAN ANTONIO, TEXAS, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY ON SEPTEMBER 1, 1970, PURSUANT TO ORDERS DATED MAY 21, 1970.

THE RECORDS SHOW THAT ON MARCH 23, 1970, YOU REQUESTED THAT YOUR HOUSEHOLD GOODS BE SHIPPED TO 106 ALLENHURST DRIVE, SAN ANTONIO, TEXAS, YOUR PRESENT ADDRESS, PRIOR TO ISSUANCE OF PERMANENT CHANGE-OF-STATION ORDERS WHICH YOU EXPECTED TO BE ISSUED ON OR ABOUT WHAT APPEARS TO BE JUNE 15, 1970, BUT THE FILE COPY IS NOT CLEAR. YOUR APPLICATION WAS APPROVED ON MARCH 25, 1970, SPECIFYING A PICKUP DATE OF APRIL 8 AND THAT THE GOODS WERE REQUIRED AT DESTINATION ON APRIL 20, 1970, TO BE RECEIVED BY "OWNER/WIFE." YOU SAID IN LETTER DATED SEPTEMBER 28, 1970, THAT YOUR FAMILY LEFT FORT HUACHUCA ON APRIL 10, 1970, AND WHILE YOU HAVE NOT STATED WHEN THEY FIRST ARRIVED AT SAN ANTONIO, IT IS ASSUMED THAT THEY PROCEEDED THERE AT THAT TIME TO ACCEPT DELIVERY OF YOUR HOUSEHOLD GOODS AND ESTABLISH THEIR NEW RESIDENCE AT SAN ANTONIO, TEXAS.

BY SPECIAL ORDERS NO. 99, DATED MAY 21, 1970, YOU WERE RELEASED FROM ACTIVE DUTY AT FORT HUACHUCA EFFECTIVE SEPTEMBER 1, 1970. YOU PRESENTED THREE DIFFERENT CLAIMS FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS: THE FIRST FROM FORT HUACHUCA TO MATTAPAN, MASSACHUSETTS, FROM APRIL 10 THROUGH 17, 1970; THE SECOND FROM FORT HUACHUCA TO SAN ANTONIO, TEXAS, FROM APRIL 10 TO SEPTEMBER 1, 1970; AND THE THIRD FROM FORT HUACHUCA TO SAN ANTONIO, TEXAS, FROM AUGUST 3 TO 5, 1970. YOUR CLAIMS WERE DISALLOWED FOR THE REASON THAT THEY WERE NOT SUPPORTED BY A CERTIFICATE OF THE HEADQUARTERS ISSUING THE ORDERS RELEASING YOU FROM ACTIVE DUTY THAT YOU WERE ADVISED PRIOR TO THE ISSUANCE OF THE ORDERS THAT SUCH ORDERS WOULD BE ISSUED.

YOU SAY IN YOUR LETTER OF MARCH 18, 1971, THAT YOUR WIFE AND FAMILY RETURNED TO FORT HUACHUCA TO TAKE CARE OF LIEUTENANT COLONEL FRASER SEORGIE'S CHILDREN WHILE HE AND HIS WIFE WERE IN BALTIMORE, MARYLAND, AND THAT THEY AGAIN LEFT WITH YOU ON AUGUST 3, 1970, FOR SAN ANTONIO, TEXAS. ON THE BASIS OF SUCH RETURN TRIP AND THE FACT THAT SHIPMENT OF YOUR HOUSEHOLD GOODS IN ADVANCE OF THE ISSUANCE OF YOUR ORDERS WAS APPROVED, YOU FEEL THAT YOU SHOULD BE REIMBURSED FOR THE TRAVEL OF YOUR DEPENDENTS.

THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICE AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION (INCLUDING FROM LAST STATION TO HOME UPON RELEASE FROM ACTIVE DUTY) IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO 37 U.S.C. 406. PARAGRAPH M8015-1 OF THE REGULATIONS PERMITS TRANSPORTATION OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE PRIOR TO ORDERS IN CASES OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE UNIFORMED SERVICE CONCERNED. SHIPMENT OF YOUR HOUSEHOLD GOODS WAS APPROVED IN ADVANCE OF YOUR ORDERS RELEASING YOU FROM ACTIVE DUTY PURSUANT TO CHAPTER 2 OF AR 55- 71 ISSUED IN IMPLEMENTATION OF PARAGRAPH M8015-1.

PARAGRAPHS M7000-8 AND M7003-4 OF THE REGULATIONS PROVIDE, HOWEVER, THAT REIMBURSEMENT IS NOT AUTHORIZED FOR ANY TRAVEL OF DEPENDENTS WHEN THE DEPENDENTS DEPART FROM THE OLD STATION PRIOR TO ISSUANCE OF CHANGE OF- STATION ORDERS UNLESS THE VOUCHER IS SUPPORTED BY A STATEMENT OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE-OF-STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. THE PLAIN TERMS OF THE PROVISIONS LIMIT REIMBURSEMENT FOR TRANSPORTATION WHERE DEPENDENTS DEPART THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF ORDERS TO THOSE SITUATIONS WHERE THE VOUCHER IS SUPPORTED BY THE PRESCRIBED CERTIFICATE OF THE COMMANDING OFFICER. YOUR SEVERAL CLAIMS FOR REIMBURSEMENT OF YOUR DEPENDENTS' TRAVEL WERE NOT SUPPORTED BY SUCH A CERTIFICATE AND PAYMENT WAS DENIED FOR THAT REASON.

EXCEPT IN CERTAIN UNUSUAL OR EMERGENCY SITUATIONS OR IN CERTAIN CASES INVOLVING MEMBERS ON DUTY OUTSIDE THE UNITED STATES, MEMBERS OF A UNIFORMED SERVICE ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS UNDER THE PROVISIONS OF 37 U.S.C. 406 ONLY WHEN THEY ARE ORDERED TO MAKE A PERMANENT CHANGE OF STATION. AS INDICATED ABOVE, THE MOVE FROM LAST STATION TO HOME ON SEPARATION FROM THE SERVICE IS A PERMANENT CHANGE OF STATION FOR PURPOSES OF 37 U.S.C. 406 AND ADVANCE NOTICE TO A MEMBER OF THE EXPECTED DATE OF HIS FUTURE SEPARATION FROM THE SERVICE DOES NOT CONSTITUTE OFFICIAL ADVICE OF THE ISSUANCE OF ANY PERMANENT CHANGE-OF STATION ORDERS. MERE GENERAL INFORMATION AS TO THE TIME OF EVENTUAL RELEASE FROM ACTIVE DUTY IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATIONS.

IT SEEMS TO BE YOUR BELIEF THAT IF YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS UPON THEIR DEPARTURE FROM FORT HUACHUCA ON APRIL 10, 1970, THEN YOU SHOULD BE REIMBURSED FOR THEIR TRAVEL UPON THEIR DEPARTURE WITH YOU ON AUGUST 3, 1970, WHICH WAS AFTER THE DATE OF YOUR CHANGE-OF-STATION ORDERS. HOWEVER, AS STATED ABOVE, IT IS ASSUMED THEY TRAVELED TO SAN ANTONIO, TEXAS, IN APRIL 1970, TO RECEIVE YOUR HOUSEHOLD GOODS AND ESTABLISH RESIDENCE THERE AND YOU HAVE RECEIVED QUARTERS ALLOWANCE INCIDENT TO THAT MOVE. THEY RETURNED TO FORT HUACHUCA FOR PERSONAL REASONS RATHER THAN TO AGAIN TAKE UP RESIDENCE WITH YOU THERE AND THEIR DEPARTURE WITH YOU ON AUGUST 3, 1970, APPARENTLY WAS IN THE NATURE OF A RETURN HOME FROM A PERSONAL VISIT AND NOT A MOVE AUTHORIZED BY YOUR ORDERS OF MAY 21, 1970.

IN VIEW OF THE FOREGOING AND WHILE WE APPRECIATE THE CIRCUMSTANCES THAT NECESSITATED YOUR DEPENDENTS EARLY TRAVEL, WE ARE WITHOUT AUTHORITY TO WAIVE OR MAKE EXCEPTION TO THE REQUIREMENTS OF THE LAW AND REGULATIONS. SINCE THE CERTIFICATE REQUIRED BY THE REGULATIONS HAS NOT BEEN AND APPARENTLY CANNOT BE ISSUED, THERE IS NO LEGAL BASIS ON THE PRESENT RECORD FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, ON THE FOREGOING BASIS THE SETTLEMENT OF MARCH 2, 1971, WAS CORRECT AND IS SUSTAINED. IF, HOWEVER, THE FACTS WITH RESPECT TO THE TRAVEL OF YOUR DEPENDENTS ARE NOT AS WE HAVE ASSUMED, WE WILL GIVE FURTHER CONSIDERATION TO YOUR CLAIM UPON A CLARIFICATION OF THE FACTS. ANY REQUEST FOR FURTHER CONSIDERATION SHOULD INCLUDE A DETAILED CHRONOLOGICAL STATEMENT OF THE TRAVEL OF YOUR DEPENDENTS FROM THE TIME THEY DEPARTED FROM YOUR STATION ON APRIL 10, 1970, TO THE DATE OF YOUR RELEASE FROM ACTIVE DUTY. SUCH STATEMENT SHOULD INCLUDE THE DATES OF TRAVEL, THE PLACES TO WHICH THE TRAVEL WAS PERFORMED, AND THE PURPOSE FOR WHICH THE TRAVEL WAS PERFORMED.