B-157288, AUG. 20, 1965, 45 COMP. GEN. 82

B-157288, AUG. 20, 1965, 45 COMP. GEN. 82

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - CHILDREN - TWENTY-ONE YEARS OF AGE THE AUTHORITY IN 37 U.S.C. 406, ADDED BY THE ACT OF AUGUST 14, 1964, CONTINUING THE DEPENDENCY OF AN UNMARRIED CHILD OF A MEMBER OF THE UNIFORMED SERVICES FOR WHOM HE RECEIVED TRANSPORTATION IN KIND TO HIS STATION OUTSIDE THE UNITED STATES, OR IN HAWAII, OR ALASKA, REIMBURSEMENT, OR A MONETARY ALLOWANCE, WHO ATTAINS 21 YEARS OF AGE WHILE THE MEMBER IS SERVING OUTSIDE THE CONTINENTAL UNITED STATES IS NOT LIMITED TO RETURNING THE DEPENDENT TO THE UNITED STATES UPON ASSIGNMENT OF THE MEMBER TO DUTY IN THE UNITED STATES, AND THE LANGUAGE OF THE 1964 ACT OPERATING TO CONTINUE THE DEPENDENCY STATUS OF THE CHILDREN CONCERNED UNTIL THEY ARE RETURNED TO THE UNITED STATES, VOLUME I, JOINT TRAVEL REGULATIONS, MAY BE AMENDED TO EXPAND DEPENDENT TRAVEL ENTITLEMENT TO INCLUDE TRAVEL BETWEEN UNRESTRICTED OVERSEAS AREAS INCIDENT TO PERMANENT CHANGE-OF-STATION ORDERS, OR TO RETURN SUCH DEPENDENTS TO THE UNITED STATES AT GOVERNMENT EXPENSE WHEN THE MEMBER IS ASSIGNED FROM AN UNRESTRICTED TO A RESTRICTED OVERSEAS STATION.

TO THE SECRETARY OF THE NAVY, AUGUST 20, 1965:

REFERENCE IS MADE TO LETTER DATED JULY 13, 1965, FROM THE UNDER SECRETARY OF THE NAVY, REQUESTING A DECISION AS TO WHETHER THIS OFFICE WOULD BE REQUIRED TO OBJECT TO A PROPOSED AMENDMENT TO VOLUME I, JOINT TRAVEL REGULATIONS, EXPANDING THE DEPENDENT TRAVEL ENTITLEMENT OF MEMBERS WHOSE UNMARRIED CHILDREN ATTAIN THE AGE OF 21 YEARS OVERSEAS, OR IN ALASKA OR HAWAII, TO INCLUDE TRAVEL BETWEEN UNRESTRICTED OVERSEAS AREAS INCIDENT TO PERMANENT CHANGE-OF-STATION ORDERS. ALSO, OUR OPINION IS REQUESTED AS TO WHETHER AN UNMARRIED CHILD WHO ATTAINS THE AGE OF 21 YEARS WHILE OVERSEAS MAY BE RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE INCIDENT TO THE MEMBER'S ASSIGNMENT FROM AN UNRESTRICTED TO A RESTRICTED OVERSEAS STATION PROVIDED THE REGULATIONS ARE SO AMENDED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 65 23 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

AS SET FORTH IN THE UNDER SECRETARY'S LETTER, PARAGRAPH M7001-2, JOINT TRAVEL REGULATIONS, CURRENTLY AUTHORIZES RETURN TRANSPORTATION TO THE UNITED STATES OF UNMARRIED CHILDREN WHO ATTAIN THE AGE OF 21 YEARS IN AN OVERSEAS AREA, OR IN ALASKA OR HAWAII, AND WHO WERE FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE THERETO INCIDENT TO THE MEMBER'S ASSIGNMENT TO PERMANENT DUTY OUTSIDE THE UNITED STATES. IT IS STATED THAT THIS ENTITLEMENT IS PREDICATED ON THE OBLIGATION OF THE GOVERNMENT TO RETURN TO THE UNITED STATES THE UNMARRIED CHILD OF A MEMBER WHO, THROUGH THE PASSAGE OF TIME WHILE IN AN OVERSEAS AREA, WOULD OTHERWISE CEASE TO BE A DEPENDENT FOR THE PURPOSE OF TRANSPORTATION AT GOVERNMENT EXPENSE, AND THAT NO PROVISION IS MADE IN THE REGULATIONS FOR SUCH TRANSPORTATION INCIDENT TO A MEMBER'S PERMANENT CHANGE OF STATION BETWEEN UNRESTRICTED OVERSEAS AREAS PRIOR TO HIS RETURN TO THE UNITED STATES.

PUBLIC LAW 88-431, DATED AUGUST 14, 1964, 78 STAT. 439, IN PART AMENDED SECTION 406 OF TITLE 37, U.S.C. TO INCLUDE THE FOLLOWING LANGUAGE:

* * * FOR THE PURPOSES OF THIS SECTION, A MEMBER'S UNMARRIED CHILD FOR WHOM THE MEMBER RECEIVED TRANSPORTATION IN KIND TO HIS STATION OUTSIDE THE UNITED STATES OR IN HAWAII OR ALASKA, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE IN PLACE THEREOF AND WHO BECAME 21 YEARS OF AGE WHILE THE MEMBER WAS SERVING AT THAT STATION SHALL BE CONSIDERED AS A DEPENDENT OF THE MEMBER. PARAGRAPH M7001-2, JOINT TRAVEL REGULATIONS, PROMULGATED THEREUNDER AND EFFECTIVE AUGUST 14, 1964, PROVIDES AS FOLLOWS:

2. DEPENDENTS ATTAINING AGE 21 WHILE OVERSEAS. FOR THE PURPOSE OF ENTITLEMENT TO RETURN TRANSPORTATION TO AN APPROPRIATE LOCATION IN THE UNITED STATES, A MEMBER'S UNMARRIED CHILD FOR WHOM THE MEMBER RECEIVED TRANSPORTATION IN KIND TO HIS STATION OUTSIDE THE UNITED STATES OR IN HAWAII OR ALASKA, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE IN PLACE THEREOF AND WHO BECAME 21 YEARS OF AGE WHILE THE MEMBER WAS SERVING AT THAT STATION, SHALL BE CONSIDERED AS A DEPENDENT OF THE MEMBER.

IN THE HEARINGS (NO. 10) HELD ON MAY 28, 1963, BEFORE SUBCOMMITTEE NO. 1, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, ON H.R. 4739, WHICH WAS ENACTED AS PUBLIC LAW 88-431, IT WAS STATED (PAGE 3005) THAT THE PURPOSE OF THE LEGISLATION IS TO AUTHORIZE RETURN TRANSPORTATION TO THE UNITED STATES OF UNMARRIED CHILDREN OF A MEMBER WHO BECOME 21 YEARS OF AGE WHILE THE MEMBER IS ASSIGNED ON DUTY OVERSEAS. IT WAS STATED FURTHER (PAGE 3007) THAT IT IS CONSIDERED THAT THE GOVERNMENT HAS A RESPONSIBILITY TO PROVIDE RETURN TRANSPORTATION TO THE UNITED STATES OF THE CHILDREN OF A MEMBER WHO WERE TRANSPORTED OVERSEAS AT GOVERNMENT EXPENSE, INCIDENT TO A SPONSOR'S CHANGE OF PERMANENT DUTY STATION, AND WHO ATTAIN THE AGE OF 21 WHILE THE MEMBER IS SERVING OVERSEAS, AND THAT UNDER THE PROPOSED BILL THE GOVERNMENT'S RESPONSIBILITY FOR THE RETURN OF SUCH CHILDREN UPON ADVANCE RETURN OF DEPENDENTS OR UPON THE ASSIGNMENT OF THE MEMBER TO DUTY IN THE UNITED STATES WOULD BE RECOGNIZED. A SIMILAR STATEMENT OF PURPOSE APPEARS ON PAGE 3 OF REPORT NO. 415 OF THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, DATED JUNE 18, 1963, TO ACCOMPANY H.R. 4739. THE PRESENT REGULATIONS ARE LIMITED TO THAT SITUATION.

WHILE THE LEGISLATIVE HISTORY OF PUBLIC LAW 88-431 RELATES TO THE PROBLEM WHICH LED TO THE ENACTMENT OF THE ABOVE-QUOTED LANGUAGE, SUCH LANGUAGE IS NOT LIMITED TO THAT PROBLEM BUT PROVIDES GENERALLY THAT WHEN A MEMBER'S UNMARRIED CHILD IS TRANSPORTED AT GOVERNMENT EXPENSE TO A STATION OUTSIDE THE CONTINENTAL UNITED STATES AND THE CHILD BECOMES 21 YEARS OF AGE WHILE THE MEMBER IS ON DUTY AT THAT STATION, THE CHILD WILL BE CONSIDERED AS A DEPENDENT OF THE MEMBER FOR PURPOSES OF 37 U.S.C. 406. PRESUMABLY IF CONGRESS HAD INTENDED TO AUTHORIZE ONLY RETURN TRANSPORTATION TO THE UNITED STATES FOR THE CHILDREN CONCERNED IT WOULD HAVE SPECIFICALLY SO PROVIDED.

REASONABLY THE QUOTED LANGUAGE OPERATES TO CONTINUE THE DEPENDENCY STATUS OF THE CHILDREN CONCERNED FOR PURPOSES OF TRANSPORTATION AT GOVERNMENT EXPENSE UNTIL THEY ARE RETURNED TO THE UNITED STATES AND WE SEE NOTHING IN THE LAW OR ITS LEGISLATIVE HISTORY WHICH REQUIRES THAT IT BE GIVEN ANY OTHER INTERPRETATION.

THE FIRST QUESTION IS ANSWERED IN THE NEGATIVE AND THE SECOND QUESTION IS ANSWERED IN THE AFFIRMATIVE.