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B-140710, OCTOBER 29, 1959, 39 COMP. GEN. 335

B-140710 Oct 29, 1959
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1959: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON AUGUST 26. BY THOSE ORDERS YOU WERE TRANSFERRED FROM YOUR DUTY STATION OVERSEAS TO DUTY AT HEADQUARTERS. YOUR MOTHER WAS RESIDING IN RUTHERFORD. WERE ISSUED. YOU DUTY STATION WAS AT FORT SLOCUM. YOU FURTHER SAY THAT AFTER YOUR ARRIVAL AT NEW YORK FROM OVERSEAS YOUR HOUSEHOLDS WERE CONSOLIDATED AND SUBSEQUENTLY YOUR MOTHER ACCOMPANIED YOU TO YOUR NEW DUTY STATION. WAS DISALLOWED BY SETTLEMENT DATED AUGUST 3. REGULATIONS PROMULGATED UNDER THOSE PROVISIONS ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 7000 OF THOSE REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS EXCEPT.

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B-140710, OCTOBER 29, 1959, 39 COMP. GEN. 335

MILITARY PERSONNEL - TRANSPORTATION - DEPENDENTS - PARENTS - RESIDENCE IN OFFICER'S HOUSEHOLD A DEPENDENT PARENT OF AN ARMY OFFICER WHO DID NOT ACCOMPANY THE OFFICER TO HIS OVERSEAS STATION BUT, UPON HIS SUBSEQUENT TRANSFER TO A DUTY STATION IN THE UNITED STATES, TRAVELED TO THE NEW DUTY STATION MAY NOT BE REGARDED AS A MEMBER OF THE OFFICER'S HOUSEHOLD ACTUALLY RESIDING AT OR IN THE VICINITY OF THE OVERSEAS STATION TO ENTITLE THE OFFICER TO REIMBURSEMENT FOR THE DEPENDENT'S TRAVEL AND IN THE ABSENCE OF SPECIFIC AUTHORIZATION FOR THE DEPENDENT PARENT'S TRAVEL FROM A PLACE OTHER THAN THE OLD STATION THE NEW STATION AS REQUIRED UNDER PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS, NO REIMBURSEMENT MAY BE MADE.

TO MAJOR CLAYTON D. BLACK, UNITED STATES ARMY, OCTOBER 29, 1959:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON AUGUST 26, 1959, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 3, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENT MOTHER FROM RUTHERFORD, NEW JERSEY, TO SAN BRUNO, CALIFORNIA, INCIDENT TO YOUR ORDERS DATED AUGUST 5, 1958.

BY THOSE ORDERS YOU WERE TRANSFERRED FROM YOUR DUTY STATION OVERSEAS TO DUTY AT HEADQUARTERS, SIXTH UNITED STATES ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA. YOUR MOTHER WAS RESIDING IN RUTHERFORD, NEW JERSEY, WHEN THE ORDERS OF AUGUST 5, 1958, WERE ISSUED. YOU SAY THAT PRIOR TO YOUR ASSIGNMENT OVERSEAS, YOU DUTY STATION WAS AT FORT SLOCUM, NEW YORK; THAT, BECAUSE OF HER AGE, YOUR MOTHER DID NOT ACCOMPANY YOU ON YOUR OVERSEAS ASSIGNMENT BUT RESIDED IN A HOME WHICH YOU OWNED IN RUTHERFORD, NEW JERSEY, AND THAT IN EFFECT YOU MAINTAINED TWO HOUSEHOLDS WHILE OVERSEAS. YOU FURTHER SAY THAT AFTER YOUR ARRIVAL AT NEW YORK FROM OVERSEAS YOUR HOUSEHOLDS WERE CONSOLIDATED AND SUBSEQUENTLY YOUR MOTHER ACCOMPANIED YOU TO YOUR NEW DUTY STATION. YOUR CLAIM FOR HER TRAVEL FROM RUTHERFORD TO SAN BRUNO, CALIFORNIA, WAS DISALLOWED BY SETTLEMENT DATED AUGUST 3, 1959, FOR THE REASON THAT SHE DID NOT ACTUALLY RESIDE IN YOUR HOUSEHOLD ON THE EFFECTIVE DATE OF THE ORDERS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, PROVIDES 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 FOR DEPENDENTS OR TO REIMBURSEMENT IN LIEU THEREOF. REGULATIONS PROMULGATED UNDER THOSE PROVISIONS ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 7000 OF THOSE REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS EXCEPT---

12. FOR ANY TRAVEL PERFORMED BY A DEPENDENT PARENT OR PARENTS WHO DO NOT ACTUALLY RESIDE IN THE HOUSEHOLD OF SAID MEMBER UNLESS OTHERWISE AUTHORIZED BY THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE; *

UNLESS TRAVEL OF A DEPENDENT PARENT FROM SOME PLACE OTHER THAN THE MEMBER'S OLD DUTY STATION IS AUTHORIZED BY PROPER AUTHORITY, THE ABOVE QUOTED REGULATION DOES NOT APPEAR TO CONTEMPLATE THE FURNISHING OF TRANSPORTATION FOR AN OTHERWISE ELIGIBLE DEPENDENT PARENT UNLESS IT APPEARS SUCH PARENT ACTUALLY RESIDED IN THE HOUSEHOLD OF THE MEMBER AT OR IN THE VICINITY OF HIS OLD DUTY STATION. COMPARE 29 COMP. GEN. 280. WHILE IT APPEARS THAT YOUR MOTHER WAS YOUR DEPENDENT WHILE YOU WERE OVERSEAS, SINCE SHE WAS NOT A MEMBER OF YOUR HOUSEHOLD THERE AND SINCE THERE IS NO EVIDENCE THAT HER TRAVEL FROM RUTHERFORD, NEW JERSEY, TO YOUR NEW DUTY STATION WAS SPECIFICALLY AUTHORIZED BY THE SECRETARY OR HIS REPRESENTATIVE AS PROVIDED FOR IN THE REGULATIONS, WE HAVE NO LEGAL BASIS TO ALLOW YOUR CLAIM FOR REIMBURSEMENT OF SUCH TRAVEL. COMPARE 30 COMP. GEN. 397.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 3, 1959, WAS CORRECT AND IS SUSTAINED.

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