B-136014, MAY 27, 1958

B-136014, MAY 27, 1958

TO FIRST LIEUTENANT EDWARD W. SENSENBRENNER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 18, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 11, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM SEATTLE, WASHINGTON, TO COLUMBUS, OHIO.

BY SPECIAL ORDERS NO. 90, DATED APRIL 24, 1957, YOUR DEPENDENTS WERE AUTHORIZED TO PROCEED FROM PORT OF WHITTIER, ALASKA, TO SEATTLE, WASHINGTON, BY MILITARY VESSEL PURSUANT TO PARAGRAPH 7009.3, JOINT TRAVEL REGULATIONS, IT BEING SPECIFICALLY PROVIDED THAT TRANSPORTATION BEYOND SEATTLE WOULD NOT BE FURNISHED PRIOR TO YOUR RETURN UNDER PERMANENT CHANGE OF STATION ORDERS. BASED ON THOSE ORDERS YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION TO SEATTLE DURING THE PERIOD APRIL 28 TO MAY 3, 1957, AND IMMEDIATELY PROCEEDED TO COLUMBUS AT PERSONAL EXPENSE, ARRIVING THERE ON MAY 5, 1957. BY SPECIAL ORDERS NO. 149K DATED JULY 8, 1957, YOU WERE TRANSFERRED FROM PORT OF WHITTIER, ALASKA, TO FORT LEWIS, WASHINGTON, FOR RELEASE FROM ACTIVE DUTY. YOUR RELEASE WAS EFFECTED ON AUGUST 22, 1957, IT BEING SHOWN THAT YOUR HOME OF RECORD IS COLUMBUS, OHIO. YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL WAS DISALLOWED FOR THE REASON THAT THE TRAVEL PRECEDED ORDERS DIRECTING YOUR RETURN TO THE UNITED STATES FOR RELEASE FROM ACTIVE DUTY. YOU CONTEND THAT UNDER THE PROVISIONS OF PARAGRAPH 7009.3, JOINT TRAVEL REGULATIONS, YOU ARE ENTITLED TO REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS, AND THAT THOSE PROVISIONS HAVE NOT BEEN PROPERLY APPLIED TO THE FACTS IN YOUR CASE. THE CRUX OF YOUR CONTENTION IS THAT WHEN YOU COMPLETED TRAVEL TO YOUR HOME AND CERTIFIED THAT YOUR DEPENDENTS COMPLETED THE TRAVEL AT AN EARLIER DATE, YOU BECAME ENTITLED TO REIMBURSEMENT FOR SUCH EARLIER TRAVEL.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS 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 OF DEPENDENTS OR TO REIMBURSEMENT THEREFOR. IT FURTHER PROVIDES THAT WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION HAVE NOT BEEN ISSUED, THE SECRETARIES MAY AUTHORIZE THE MOVEMENT OF DEPENDENTS ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES INCLUDING CIRCUMSTANCES ARISING WHEN THE MEMBERS ARE SERVING ON PERMANENT DUTY AT STATIONS OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA. BASED ON THOSE PROVISIONS, THE JOINT TRAVEL REGULATIONS PROVIDE (PARAGRAPH 7000) THAT TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 7009-3) THAT UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES, A MEMBER SERVING ON PERMANENT DUTY AT A STATION OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, MAY REQUEST THE RETURN OF HIS DEPENDENTS TO THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR HIS RETURN, AND THAT COMMANDING OFFICERS MAY ISSUE ORDERS AUTHORIZING THE ADVANCE RETURN OF DEPENDENTS TO THE UNITED STATES "PROVIDED THAT THE ORDER SPECIFICALLY LIMITS TRANSPORTATION TO THE POINT OF DEBARKATION IN THE UNITED STATES.' PARAGRAPH 70093 FURTHER PROVIDES THAT "UPON" COMPLETION OF THE CURRENT OVERSEAS TOUR OF DUTY AND "TRANSFER OF THE MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS" TO ANOTHER OVERSEAS STATION FOR AT LEAST 18 MONTHS OR TO A DUTY STATION IN THE UNITED STATES, TRANSPORTATION OF HIS DEPENDENTS TO THE NEW STATION IS AUTHORIZED (INCIDENT TO THOSE ORDERS) NOT TO EXCEED FROM THE PORT OF DEBARKATION TO THE NEW STATION.

THUS, THE ONLY TRANSPORTATION THAT IS AUTHORIZED FOR DEPENDENTS AS AN EMERGENCY MEASURE UNDER PARAGRAPH 7009-3 PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS IS FROM THE OVERSEAS STATION TO THE PORT OF DEBARKATION. NO FURTHER TRAVEL IS AUTHORIZED AT GOVERNMENT EXPENSE UNTIL THE MEMBER IS ISSUED PERMANENT CHANGE OF STATION ORDERS AT WHICH TIME TRANSPORTATION FOR THE DEPENDENTS IS AUTHORIZED FROM WHERE THEY ARE THEN LOCATED TO THE NEW STATION NOT TO EXCEED FROM THE PORT OF DEBARKATION TO THE NEW STATION. THE ISSUANCE OF CHANGE OF STATION ORDERS DOES NOT CREATE AN ENTITLEMENT TO REIMBURSEMENT FOR TRAVEL PERFORMED PRIOR TO THE ISSUANCE OF THOSE ORDERS. SINCE YOUR DEPENDENTS WERE AT YOUR HOME WHEN ORDERS RETURNING YOU TO THE UNITED STATES FOR RELEASE FROM ACTIVE DUTY WERE ISSUED, NO TRAVEL WAS PERFORMED BY THEM INCIDENT TO THOSE ORDERS, AND THE ISSUANCE OF THE ORDERS DID NOT CREATE, RETROACTIVELY, AN ENTITLEMENT TO REIMBURSEMENT FOR EARLIER TRAVEL. THEREFORE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF APRIL 11, 1958, WAS CORRECT AND IS SUSTAINED.