B-136681, AUG 21, 1958

B-136681: Aug 21, 1958

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SECRETARY: FURTHER REFERENCE IS MADE TO LETTER OF JUNE 30. WHILE WE WILL CONSIDER THE MATTER AS THOUGH IT WERE SUBMITTED BY YOU. ATTENTION IS INVITED TO CIRCULAR LETTER B-62476. THE LETTER OF THE DEPUTY ASSISTANT SECRETARY DESCRIBES THE CIRCUMSTANCES INVOLVED AND PRESENTS QUESTIONS AS FOLLOWS: "UNITED STATES MILITARY ACADEMY GRADUATES WHO ARE COMMISSIONED IN THE ARMY USUALLY ARE DIRECTED BY THEIR INITIAL ORDERS TO PERFORM TEMPORARY DUTY EN ROUTE TO THEIR FIRST PERMANENT STATION. THIS INFLUENCES THEM TO HAVE THE ACADEMY OR THEIR HOME - WHICHEVER IS FARTHER FROM THE TEMPORARY DUTY POINT RATHER THAN FROM THE PERMANENT STATION - DESIGNATED IN THEIR ORDERS AS THE PLACE FROM WHICH THEIR PERSONAL TRAVEL ALLOWANCES ARE TO ACCRUE UNDER PARAGRAPH 5008-2.

B-136681, AUG 21, 1958

PRECIS-UNAVAILABLE

MR. SECRETARY:

FURTHER REFERENCE IS MADE TO LETTER OF JUNE 30, 1958, FROM THE DEPUTY ASSISTANT SECRETARY OF THE ARMY (FH), REQUESTING AN ADVANCE DECISION ON CERTAIN QUESTIONS RELATING TO THE ENTITLEMENT OF UNITED STATES MILITARY ACADEMY GRADUATES TO TRANSPORTATION OF THEIR DEPENDENTS AT GOVERNMENT EXPENSE.

WHILE WE WILL CONSIDER THE MATTER AS THOUGH IT WERE SUBMITTED BY YOU, ATTENTION IS INVITED TO CIRCULAR LETTER B-62476, DATED DECEMBER 13, 1946, 26 COMP. GEN. 993, CONCERNING REQUESTS FOR ADVANCE DECISIONS BY OTHERS THAN HEADS OF DEPARTMENTS, AND TO DEPARTMENT OF DEFENSE DIRECTIVE NO. 5154.13, DATED MAY 1, 1958, REGARDING THE PRECEDURES FOR THE APPROVAL OF REGULATIONS PERTAINING TO MILITARY PAY AND ALLOWANCES.

THE LETTER OF THE DEPUTY ASSISTANT SECRETARY DESCRIBES THE CIRCUMSTANCES INVOLVED AND PRESENTS QUESTIONS AS FOLLOWS:

"UNITED STATES MILITARY ACADEMY GRADUATES WHO ARE COMMISSIONED IN THE ARMY USUALLY ARE DIRECTED BY THEIR INITIAL ORDERS TO PERFORM TEMPORARY DUTY EN ROUTE TO THEIR FIRST PERMANENT STATION. THIS INFLUENCES THEM TO HAVE THE ACADEMY OR THEIR HOME - WHICHEVER IS FARTHER FROM THE TEMPORARY DUTY POINT RATHER THAN FROM THE PERMANENT STATION - DESIGNATED IN THEIR ORDERS AS THE PLACE FROM WHICH THEIR PERSONAL TRAVEL ALLOWANCES ARE TO ACCRUE UNDER PARAGRAPH 5008-2, JOINT TRAVEL REGULATIONS.

"PRIOR TO THE JOINT TRAVEL REGULATIONS, PARAGRAPH 8A(3), CHANGE 16, AR 55 -120, DATED 13 MARCH 1946, PROVIDED THAT AN OFFICER OF A GRADUATING CLASS OF THE UNITED STATES MILITARY ACADEMY WAS ENTITLED TO TRANSPORTATION FOR HIS AUTHORIZED DEPENDENTS AT GOVERNMENT EXPENSE FROM THE HOME OF THE OFFICER CONCERNED OR FROM WEST POINT, NEW YORK, AS ACTUALLY PERFORMED, TO HIS FIRST PERMANENT STATION. THE JOINT TRAVEL REGULATIONS, EFFECTIVE 1 APRIL 1951, DO NOT CONTAIN SIMILAR LANGUAGE.

"DECISION IS THEREFORE REQUESTED AS TO WHETHER THE PERSONNEL REFERRED TO, WHO HAVE OR ACQUIRE DEPENDENTS ON OR BEFORE THE EFFECTIVE DATE OF THEIR ORDERS, PROPERLY ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO THEIR FIRST PERMANENT STATION (1) FROM THE ACADEMY OR HOME, REGARDLESS OF WHETHER SUCH TRAVEL ORIGINATES AT OR IS PERFORMED VIA THE ACADEMY OR HOME; OR (2) FROM SUCH OTHER POINT FROM WHICH IT MAY BE PERFORMED NOT TO EXCEED ENTITLEMENT FROM THE ACADEMY OR HOME, WHICHEVER MAY BE FARTHER FROM THE FIRST PERMANENT STATION, AND WITHOUT REGARD TO THE PLACE DESIGNATED IN THE RELATED ORDERS AS THE PLACE FROM WHICH THEIR PERSONAL TRAVEL ALLOWANCES ARE TO ACCRUE.

"SHOULD YOUR ANSWER BE IN THE NEGATIVE, DECISION IS REQUESTED AS TO WHETHER CHAPTER 7 OF THE JOINT TRAVEL REGULATIONS PROPERLY MAY BE AMENDED TO PROVIDE ENTITLEMENT FOR THESE MEMBERS IN THE MANNER OUTLINED IN PARAGRAPH 3, ABOVE."

PARAGRAPH 8A(3), CHANGE 16, ARMY REGULATIONS 55-120, DATED MARCH 13, 1946, CITED IN THE SUBMISSION, WAS ISSUED IN ACCORDANCE WITH SECTION 1 OF THE ACT OF JUNE 27, 1944, 58 STAT. 392. THAT STATUTORY PROVISION WAS REPEALED BY SECTION 531-C(17) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 840.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES IN PART THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES "WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION" SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND.

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT AUTHORITY, PROVIDES THAT, OTHER THAN FOR CERTAIN SPECIFICALLY ENUMERATED EXCEPTIONS, MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION WHICH INCLUDES (PARAGRAPH 3003-1) THE CHANGE FROM HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, OR INDUCTION. PARAGRAPH 7060-1 OF THE REGULATIONS PROVIDES THAT WHEN THE DATE OF MARRIAGE IS ON OR BEFORE THE EFFECTIVE DATE OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED. ALSO, PARAGRAPH 7053 OF THE REGULATIONS PROVIDES THAT WHEN A MEMBER CALLED TO ACTIVE DUTY IS FIRST ASSIGNED TO A TEMPORARY STATION AND IS SUBSEQUENTLY ORDERED TO MAKE A PERMANENT CHANGE OF STATION, HE IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED TO THE PERMANENT STATION, NOT TO EXCEED ENTITLEMENT FROM HIS HOME TO THE PERMANENT STATION.

UNDER THE STATUTE AND REGULATIONS, GRADUATES OF THE UNITED STATES MILITARY ACADEMY WHEN COMMISSIONED AND ORDERED TO ACTIVE DUTY AND ASSIGNED TO A PERMANENT DUTY STATION, WITH OR WITHOUT TEMPORARY DUTY EN ROUTE, ARE ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS ACQUIRED ON OR BEFORE THE EFFECTIVE DATE OF ORDERS. THEIR ENTITLEMENT IS FOR TRAVEL OF DEPENDENTS AS ACTUALLY PERFORMED INCIDENT TO SUCH ORDERS FROM THE PLACE THE DEPENDENTS ARE LOCATED ON THE EFFECTIVE DATE OF THE ORDERS TO THE PERMANENT DUTY STATION, NOT TO EXCEED ENTITLEMENT FROM THE UNITED STATES MILITARY ACADEMY OR THE HOME DESIGNATED IN THE ORDERS TO THE PERMANENT DUTY STATION.

SINCE THE OFFICERS HERE INVOLVED ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE AS PROVIDED BY THE STATUTE AND CHAPTER 7 OF THE JOINT TRAVEL REGULATIONS, THE SAME AS OTHER OFFICERS OF THE UNIFORMED SERVICES WHEN ORDERED TO ACTIVE DUTY AND ASSIGNED A PERMANENT DUTY STATION, THERE APPEARS TO BE NO NECESSITY FOR AN AMENDMENT TO THE JOINT TRAVEL REGULATIONS CONCERNING THEIR ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS.

YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.

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