B-175340, JUN 9, 1972

B-175340: Jun 9, 1972

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YOU WERE ASSIGNED TO THE UNITED STATES ARMY TRANSFER STATION. YOU WERE DIRECTED TO REPORT AT YOKOTA AIR BASE. YOUR HOME OF RECORD WAS STATED TO BE PALMERTON. YOU FILED A CLAIM FOR THE TRANSPORTATION OF YOUR DEPENDENTS (WIFE AND MINOR CHILD) WHOM YOU SAID WERE NOT COMMAND SPONSORED. YOU CLAIMED NEW YORK AS THE PORT OF THEIR ENTRY INTO THE UNITED STATES AND YOU WERE REIMBURSED FOR THEIR TRAVEL ON A MILEAGE BASIS FOR THE DISTANCE FROM NEW YORK. REIMBURSEMENT IN THE AMOUNT OF $6.78 WAS NOT UNDERSTOOD. THAT SINCE YOUR DEPENDENTS WERE NOT COMMAND SPONSORED. ENTITLEMENT WAS LIMITED TO THE OFFICIAL DISTANCE FROM THEIR PORT OF ARRIVAL IN THE UNITED STATES (NEW YORK CITY) TO YOUR HOME OF RECORD (PALMERTON.

B-175340, JUN 9, 1972

MILITARY PERSONNEL - DEPENDENT TRANSPORTATION ALLOWANCE - ENTITLEMENT DECISION DENYING THE CLAIM OF DUANE J. COSTENBADER FOR ADDITIONAL TRANSPORTATION ALLOWANCE FOR DEPENDENT TRAVEL FROM TOKYO, JAPAN, TO PALMERTON, PA; INCIDENT TO CLAIMANT'S RELEASE FROM ACTIVE DUTY WITH THE ARMY. PURSUANT TO THE PROVISIONS OF PARAGRAPH 7A(1) AND SUBPARAGRAPH 7A(6) OF ARMY REGULATION 55-46, CLAIMANT MUST BE HELD FINANCIALLY RESPONSIBLE FOR THE TRANSPORTATION OF HIS DEPENDENTS FROM THE OVERSEAS DUTY STATION TO THE POINT OF DEBARKATION IN THE UNITED STATES. ACCORDINGLY, THE PRIOR DISALLOWANCE OF HIS CLAIM MUST BE SUSTAINED.

TO MR. DUANE J. COSTENBADER:

YOUR LETTER DATED FEBRUARY 10, 1972, REQUESTS RECONSIDERATION OF THE SETTLEMENT BY OUR CLAIMS DIVISION DATED FEBRUARY 4, 1972, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRANSPORTATION ALLOWANCE FOR THE TRAVEL OF YOUR DEPENDENTS FROM TOKYO, JAPAN, TO PALMERTON, PENNSYLVANIA, INCIDENT TO RELEASE FROM ACTIVE DUTY ORDERS EFFECTIVE NOVEMBER 10, 1970.

BY ORDERS DATED OCTOBER 19, 1970, YOU WERE ASSIGNED TO THE UNITED STATES ARMY TRANSFER STATION, OAKLAND, CALIFORNIA, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY. YOU WERE DIRECTED TO REPORT AT YOKOTA AIR BASE, JAPAN, NOT LATER THAN NOVEMBER 5, 1970, FOR YOUR DEPARTURE TO THE UNITED STATES. THE ORDERS MADE NO PROVISION FOR THE TRAVEL OF YOUR DEPENDENTS FROM JAPAN TO THE UNITED STATES.

ON NOVEMBER 10, 1970, ORDERS BY HEADQUARTERS, U.S. ARMY PERSONNEL CENTER, OAKLAND, CALIFORNIA, DIRECTED YOUR RELEASE FROM ACTIVE DUTY AND TRANSFER TO THE U.S. ARMY RESERVE EFFECTIVE NOVEMBER 11, 1970. YOUR HOME OF RECORD WAS STATED TO BE PALMERTON, PENNSYLVANIA. BY LETTER DATED NOVEMBER 27, 1970, YOU FILED A CLAIM FOR THE TRANSPORTATION OF YOUR DEPENDENTS (WIFE AND MINOR CHILD) WHOM YOU SAID WERE NOT COMMAND SPONSORED, FROM JAPAN TO PALMERTON, PENNSYLVANIA.

ON MARCH 2, 1971, YOU ADVISED THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, THAT YOU HAD RECEIVED A CHECK IN THE AMOUNT OF $6.78, FOR THE TRAVEL OF YOUR DEPENDENTS FROM CAMP ZAMA, JAPAN, TO PALMERTON, PENNSYLVANIA, WHEN YOU EXPECTED A CHECK IN THE AMOUNT OF $180. YOU SAID THAT YOUR DEPENDENTS TRAVELED BY COMMERCIAL AIR FROM TOKYO TO HAWAII AND THEN NON-STOP TO NEW YORK CITY, ARRIVING THERE ON NOVEMBER 10, 1970. YOU CLAIMED NEW YORK AS THE PORT OF THEIR ENTRY INTO THE UNITED STATES AND YOU WERE REIMBURSED FOR THEIR TRAVEL ON A MILEAGE BASIS FOR THE DISTANCE FROM NEW YORK, NEW YORK TO PALMERTON. YOU SAID THAT SINCE YOU SPENT $515 FOR YOUR DEPENDENTS' TRAVEL, REIMBURSEMENT IN THE AMOUNT OF $6.78 WAS NOT UNDERSTOOD.

IN REPLY, THE CHIEF, CLAIMS DIVISION, FINANCE CENTER, U.S. ARMY INDIANAPOLIS, INDIANA, ADVISED YOU IN LETTER DATED APRIL 1, 1971, THAT SINCE YOUR DEPENDENTS WERE NOT COMMAND SPONSORED, ENTITLEMENT WAS LIMITED TO THE OFFICIAL DISTANCE FROM THEIR PORT OF ARRIVAL IN THE UNITED STATES (NEW YORK CITY) TO YOUR HOME OF RECORD (PALMERTON, PENNSYLVANIA).

SUBSEQUENTLY, YOUR CLAIM FOR ADDITIONAL TRANSPORTATION ALLOWANCE WAS TRANSMITTED TO OUR CLAIMS DIVISION FOR SETTLEMENT AND BY SETTLEMENT DATED FEBRUARY 4, 1972, YOUR CLAIM WAS DISALLOWED FOR REASONS SOMEWHAT SIMILAR TO THAT PREVIOUSLY STATED BY THE ARMY FINANCE CENTER.

IN YOUR LETTER OF FEBRUARY 10, 1972, YOU REFER TO A SOMEWHAT SIMILAR SITUATION AFFECTING A FRIEND OF YOURS, WHOSE WIFE TRAVELED FROM TOKYO TO BUFFALO, NEW YORK, VIA HONOLULU AND CALIFORNIA FOR WHICH HE WAS REIMBURSED APPROXIMATELY $180. APPARENTLY, THE WIFE IN THAT CASE DEBARKED IN CALIFORNIA. YOU BELIEVE THAT JUST BECAUSE YOUR DEPENDENTS DID NOT STOP IN CALIFORNIA, YOU SHOULD NOT BE DENIED PAYMENT FOR THE DISTANCE FROM THE WEST COAST TO YOUR HOME OF RECORD.

THE STATUTORY AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES, 37 U.S.C. 406, EXPRESSLY PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A MEMBER'S ORDERED CHANGE OF PERMANENT STATION, INCLUDING THE CHANGE FROM LAST DUTY STATION TO HOME OF RECORD OR PLACE FROM WHICH CALLED TO ACTIVE DUTY, SHALL BE SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, FOR SUCH GRADES, RANKS AND RATINGS, AND TO AND FROM SUCH PLACES AS THE SECRETARIES CONCERNED MAY PRESCRIBE.

PARAGRAPH M7000-17, JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SUCH STATUTORY AUTHORITY, PROVIDES THAT MEMBERS ARE NOT ENTITLED TO THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION, FOR THEIR TRAVEL TO THE UNITED STATES WHEN THEIR PRESENCE OVERSEAS WAS NOT AUTHORIZED OR APPROVED BY THE APPROPRIATE MILITARY OVERSEAS COMMANDER. HOWEVER, SUCH RESTRICTION DOES NOT APPLY FOR THE TRAVEL OF THESE DEPENDENTS AT GOVERNMENT EXPENSE FOR THE DISTANCE THEY TRAVEL FROM THE PORT OF DEBARKATION IN THE UNITED STATES TO THE MEMBER'S NEW DUTY STATION OR OTHER AUTHORIZED POINT.

PARAGRAPH M7067-4 OF THE REGULATIONS, PERTAINING TO SPECIFIC ENTITLEMENT TO ALLOWANCES FOR DEPENDENTS TRAVELING TO, FROM OR BETWEEN STATIONS LOCATED OUTSIDE THE UNITED STATES, PROVIDES THAT SUCH ENTITLEMENT SHALL BE DETERMINED SEPARATELY FOR EACH PORTION OF THEIR JOURNEY. ONE SUCH PORTION IS THE TRAVEL PERFORMED BY THE DEPENDENTS FROM THE AERIAL OR WATER PORT OF DEBARKATION IN THE CONTINENTAL UNITED STATES TO THE MEMBER'S NEW DUTY STATION OR HOME OF RECORD UPON RELEASE FROM ACTIVE DUTY OR DISCHARGE.

IMPLEMENTING REGULATIONS ARE CONTAINED IN ARMY REGULATION 55-46, DATED OCTOBER 15, 1964, AS AMENDED. PARAGRAPH 7A(1) THEREOF, IN EFFECT DURING THE PERIOD INVOLVED, PROVIDES IN PERTINENT PART THAT A MEMBER WHO IS NOT ENTITLED TO THE TRANSPORTATION OF HIS DEPENDENTS, OR WHOSE DEPENDENTS HAVE NOT BEEN INDORSED BY THE OVERSEAS COMMANDER TO ACCOMPANY OR JOIN HIM OVERSEAS, MAY NOT HAVE HIS DEPENDENTS TRANSPORTED TO HIS OVERSEAS STATION BY GOVERNMENT MEANS OR AT GOVERNMENT EXPENSE. IF THE MEMBER HAS MOVED HIS DEPENDENTS OVERSEAS AT HIS OWN EXPENSE, THE RETURN TRANSPORTATION WILL ALSO BE HIS FINANCIAL RESPONSIBILITY, UNLESS HE HAS OTHERWISE HAD HIS DEPENDENTS RECOGNIZED AS "COMMAND SPONSORED."

SUBPARAGRAPH 7A(6) OF SUCH REGULATION PROVIDES THAT IT IS THE FINANCIAL RESPONSIBILITY OF THE MEMBER OF HIS DEPENDENTS, FOR THE DEPENDENTS' RETURN TRANSPORTATION TO THE APPROPRIATE PORT OF DEBARKATION IN THE CONTINENTAL UNITED STATES UPON HIS SUBSEQUENT CHANGE OF STATION, IF THE DEPENDENTS WERE NOT "COMMAND SPONSORED" AND THEY HAD NOT MET THE OTHER CONDITIONS SET FORTH IN THAT PARAGRAPH.

SINCE YOUR DEPENDENTS WERE NOT "COMMAND SPONSORED" WHILE THEY WERE OVERSEAS, IT IS APPARENT THAT UNDER THE REGULATIONS CITED, THEIR TRANSPORTATION FROM TOKYO, JAPAN, TO THEIR FIRST AERIAL PORT OF DEBARKATION IN THE CONTINENTAL UNITED STATES WAS YOUR FINANCIAL RESPONSIBILITY. THEREFORE, SINCE THEY DEBARKED IN NEW YORK CITY, NEW YORK, YOU WERE ENTITLED TO MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION ON A MILEAGE BASIS FOR YOUR DEPENDENTS' TRAVEL UPON THEIR ARRIVAL IN THE UNITED STATES, LIMITED TO THE DISTANCE FROM NEW YORK, TO PALMERTON, PENNSYLVANIA, YOUR HOME OF RECORD. SINCE YOU HAVE BEEN PAID ON THAT BASIS, NO FURTHER PAYMENT IS DUE YOU.

ACCORDINGLY, THE SETTLEMENT DATED FEBRUARY 4, 1972, IS CORRECT AND IS SUSTAINED.