B-140633, SEP. 30, 1959
Highlights
GRANT: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 27. MARYLAND (THE OUTFIT TO WHICH YOU WERE ATTACHED). YOU WERE PLACED ON TEMPORARY DUTY AT U.S. UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR ORGANIZATION AND STATION. YOU WERE RELIEVED FROM ASSIGNMENT AT FORT GEORGE C. WAS INFORMED BY CAREER MANAGEMENT (ARMOR) THAT YOU WOULD GET A PERMANENT CHANGE OF STATION WHILE IN SCHOOL IN FORT KNOX. THAT YOUR "FUTURE ASSIGNMENT WAS NOT KNOWN" TO CAREER MANAGEMENT SINCE THEY DID NOT HAVE A FIRM COMMITMENT. ALTHOUGH THAT INFORMATION APPARENTLY WAS NOT DEFINITELY TO THE EFFECT THAT YOUR NEW PERMANENT STATION WOULD BE FORT KNOX. YOU WERE ADVISED THAT SINCE YOUR DEPENDENTS TRAVELED TO YOUR NEW PERMANENT STATION PRIOR TO ORDERS AND YOU HAD NOT FURNISHEDA CERTIFICATE FROM AN AUTHORIZED OFFICIAL THAT YOU WERE ADVISED PRIOR TO THE ISSUANCE OF THE ORDERS OF APRIL 15.
B-140633, SEP. 30, 1959
TO CAPTAIN JOHN L. GRANT:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 27, 1959, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JULY 14, 1959, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE AND REIMBURSEMENT FOR TRAVEL OF DEPENDENTS (WIFE AND DAUGHTER) FROM ODENTON, MARYLAND, TO FORT KNOX, KENTUCKY.
BY PARAGRAPH 15, SPECIAL ORDERS NUMBER 278, ISSUED ON DECEMBER 10, 1958, BY HEADQUARTERS 3D ARMORED CAVALRY REGIMENT, FORT GEORGE G. MEADE, MARYLAND (THE OUTFIT TO WHICH YOU WERE ATTACHED), YOU WERE PLACED ON TEMPORARY DUTY AT U.S. ARMY ARMOR SCHOOL, FORT KNOX, KENTUCKY, FOR THE PERIOD JANUARY 5 TO MAY 5, 1959, FOR THE PURPOSE OF ATTENDING THE ASSOCIATE OFFICE ADVANCE COURSE (17-A-05), UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR ORGANIZATION AND STATION. BY PARAGRAPH 10, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 74, DATED APRIL 15, 1959, YOU WERE RELIEVED FROM ASSIGNMENT AT FORT GEORGE C. MEADE AND FROM TEMPORARY DUTY AT FORT KNOX, AND ASSIGNED TO FORT KNOX FOR DUTY EFFECTIVE UPON COMPLETION OF THE COURSE OF INSTRUCTION ON MAY 10, 1959.
ON MAY 11, 1959, YOU SUBMITTED YOUR CLAIM FOR DISLOCATION ALLOWANCE AND REIMBURSEMENT FOR TRAVEL OF DEPENDENTS SHOWING THAT THEY PERFORMED THE TRAVEL FROM ODENTON TO FORT KNOX DURING THE PERIOD DECEMBER 15 TO 18, 1958. IN SUBMITTING YOUR CLAIM YOU STATED THAT PRIOR TO YOUR DEPARTURE FROM FORT MEADE, THE COMMANDING OFFICER, 3D ARMORED CAVALRY REGIMENT, WAS INFORMED BY CAREER MANAGEMENT (ARMOR) THAT YOU WOULD GET A PERMANENT CHANGE OF STATION WHILE IN SCHOOL IN FORT KNOX, AND THAT YOUR "FUTURE ASSIGNMENT WAS NOT KNOWN" TO CAREER MANAGEMENT SINCE THEY DID NOT HAVE A FIRM COMMITMENT. ALTHOUGH THAT INFORMATION APPARENTLY WAS NOT DEFINITELY TO THE EFFECT THAT YOUR NEW PERMANENT STATION WOULD BE FORT KNOX, YOU INDICATE THAT YOU CLOSED YOUR HOME IN ODENTON, PLACED YOUR FURNITURE IN STORAGE AT PERSONAL EXPENSE, AND MOVED YOUR FAMILY TO ELIZABETHTOWN, KENTUCKY. IN THE SETTLEMENT OF JULY 14, 1959, YOU WERE ADVISED THAT SINCE YOUR DEPENDENTS TRAVELED TO YOUR NEW PERMANENT STATION PRIOR TO ORDERS AND YOU HAD NOT FURNISHEDA CERTIFICATE FROM AN AUTHORIZED OFFICIAL THAT YOU WERE ADVISED PRIOR TO THE ISSUANCE OF THE ORDERS OF APRIL 15, 1959, THAT THOSE ORDERS WOULD BE ISSUED, THERE IS NOT AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. IN RESPONSE, YOU HAVE FURNISHED A CERTIFICATE DATED JULY 22, 1959, FROM HEADQUARTERS, 3D ARMORED CAVALRY REGIMENT, FORT GEORGE G. MEADE, THAT YOU WERE OFFICIALLY ADVISED "PRIOR TO APRIL 15, 1959" THAT PERMANENT CHANGE OF STATION ORDERS WOULD BE ISSUED EFFECTING A CHANGE OF STATION FROM FORT GEORGE G. MEADE, MARYLAND, TO FORT KNOX, KENTUCKY.
SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES UNDER SUCH REGULATIONS 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 OF DEPENDENTS OR TO REIMBURSEMENT THEREFOR. PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT PROVISION OF LAW PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED WHEN THE DEPENDENTS DEPART THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE 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. IT SEEMS CLEAR THAT THE REGULATION CONTEMPLATES THAT TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED UNTIL THE MEMBER HAS DEFINITE KNOWLEDGE OF AN IMPENDING PERMANENT CHANGE OF STATION. THEREFORE, IT HAS BEEN THE RULE THAT THE REGULATION IS APPLICABLE ONLY WHERE DEPARTURE OF THE DEPENDENTS IS DURING THE COMPARATIVELY SHORT PERIOD OF TIME WHICH MAY ELAPSE BETWEEN THE TIME OF AN ADMINISTRATIVE DETERMINATION TO ORDER A MEMBER TO MAKE A CHANGE OF STATION AND THE DATE ON WHICH ORDERS DIRECTING SUCH CHANGE ACTUALLY ARE ISSUED. MERE GENERAL INFORMATION OF AN IMPENDING CHANGE IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATION. 34 COMP. GEN. 241.
SINCE THE ORDERS OF DECEMBER 10, 1958, DID NOT DETACH YOU FROM FORT MEADE BUT MERELY DIRECTED TEMPORARY DUTY AT FORT KNOX AFTER WHICH YOU WERE TO RETURN TO FORT MEADE, THERE WAS NO AUTHORITY FOR TRAVEL OF YOUR DEPENDENTS AT PUBLIC EXPENSE AT THAT TIME UNLESS IT CAN BE ESTABLISHED BY A PROPER CERTIFICATE, UNDER PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS, THAT PRIOR TO TRAVEL YOU HAD BEEN ADVISED THAT IT HAD BEEN ADMINISTRATIVELY DETERMINED THAT YOUR PERMANENT STATION WOULD BE CHANGED. THE CERTIFICATE YOU HAVE FURNISHED ESTABLISHES THAT YOU WERE ADVISED PRIOR TO APRIL 15, 1959, THAT THE ORDERS OF THAT DATE WOULD BE ISSUED, BUT DOES NOT ESTABLISH THAT YOU WERE SO ADVISED BEFORE YOUR DEPENDENTS TRAVELED. ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF JULY 14, 1959, IS SUSTAINED.