B-114587, MAY 7, 1953

B-114587, MAY 7, 1953

PRECIS-UNAVAILABLE

MAJOR L.R. DAVISON, FC.:

THERE HAS BEEN RECEIVED BY 6TH INDORSEMENT DATED APRIL 6, 1953, YOUR LETTER OF JANUARY 9, 1953, TRANSMITTING VOUCHER IN FAVOR OF FIRST LIEUTENANT WILLIAM D. IVEY, FOR MONETARY ALLOWANCE FOR HIS WIFE'S TRAVEL FROM WEST LAWN, PENNSYLVANIA, TO FORT KNOX, KENTUCKY, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY LETTER ORDERS 7-261 DATED JULY 28, 1952, AND 1ST INDORSEMENT DATED AUGUST 20, 1952, LIEUTENANT IVEY WAS TRANSFERRED FROM JAPAN TO THE UNITED STATES AND ASSIGNED TO DUTY AT FORT GEORGE G. MEADE, MARYLAND, 30 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE BEING AUTHORIZED; IT BEING FURTHER STATED THAT HE WOULD BE ACCOMPANIED BY HIS WIFE IN DAC (DEPARTMENT OF THE ARMY CIVILIAN) STATUS, AND THAT HIS LEAVE ADDRESS WOULD BE ST. PAUL, MINNESOTA. BY CIVILIAN PERSONNEL ORDER 214-1 DATED AUGUST 1, 1952, HIS WIFE, HAVING COMPLETED HER AGREED PERIOD OF SERVICE IN JAPAN AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, WAS AUTHORIZED TO TRAVEL TO WEST LAWN, PENNSYLVANIA, AT GOVERNMENT EXPENSE. BOTH THE OFFICER AND HIS WIFE ENTERED THE UNITED STATES AT SAN FRANCISCO, CALIFORNIA. BY PARAGRAPH 2, SPECIAL ORDERS NO. 181 DATED SEPTEMBER 15, 1952, THE OFFICER WHILE ON LEAVE IN ST. PAUL AND PRIOR TO REPORTING AT FORT GEORGE G. MEADE, MARYLAND, WAS TRANSFERRED TO FORT KNOX, KENTUCKY, FOR DUTY. HIS WIFE HAVING TRAVELED TO WEST LAWN, PENNSYLVANIA, AT GOVERNMENT EXPENSE IN HER OWN RIGHT FURTHER TRAVELED TO FORT KNOX, KENTUCKY, OCTOBER 24 TO 26, 1952, AT PERSONAL EXPENSE. YOU EXPRESS THE OPINION THAT SINCE THE WIFE TRAVELED AT GOVERNMENT EXPENSE IN HER OWN RIGHT TO A POINT IN THE UNITED STATES MORE DISTANT FROM THE PORT OF DEBARKATION THAT THE OFFICER'S NEW PERMANENT STATION, HER FURTHER TRAVEL TO HIS NEW PERMANENT STATION IS NOT AUTHORIZED AT GOVERNMENT EXPENSE EVEN THOUGH SUCH STATION WAS CHANGED. IN THIS CONNECTION YOU CITE PARAGRAPH 7000-13, JOINT TRAVEL REGULATIONS.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER REGULATIONS 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 THEREFOR OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDE (PARAGRAPH 7003-1) THAT A MONETARY ALLOWANCE SHALL BE PAID FOR TRAVEL OF DEPENDENTS WITHIN THE UNITED STATES, AND THAT (PARAGRAPH 7003 3) WHEN THE OLD PERMANENT STATION IS OUTSIDE THE UNITED STATES AND THE NEW PERMANENT STATION IS IN THE UNITED STATES SUCH ALLOWANCE SHALL BE PAYABLE FOR THE DISTANCE FROM THE PORT OF DEBARKATION IN THE UNITED STATES TO THE NEW PERMANENT STATION IN THE UNITED STATES EXCEPT (PARAGRAPH 7000-13) FOR DEPENDENTS RECEIVING ANY OTHER TYPE OF TRAVEL ALLOWANCE FROM THE GOVERNMENT IN THEIR OWN RIGHT. PARAGRAPH 3003-1B PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN CHANGE OF STATION ORDERS THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF OR DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. PARAGRAPH 7050 PROVIDES THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION ARE CHANGED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS AND A NEW PERMANENT STATION IS DESIGNATED, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED NOT TO EXCEED THE ENTITLEMENT FROM THE OLD PERMANENT STATION TO THE ULTIMATE NEW STATION.

IN THE PRESENT CASE THE ORDERS TRANSFERRING THE OFFICER FROM A STATION OUTSIDE THE UNITED STATES TO DUTY AT FORT GEORGE G. MEADE, MARYLAND, WITH LEAVE EN ROUTE, WERE CHANGED PRIOR TO THEIR EFFECTIVE DATE BY ORDERS DIRECTING HIM TO REPORT TO FORT KNOX, KENTUCKY, FOR DUTY. UNDER SUCH CIRCUMSTANCES, HIS WIFE HAVING BEEN PRESENT AT HIS OLD PERMANENT STATION, HE BECAME ENTITLED TO AN ALLOWANCE FOR HER TRAVEL IN THE UNITED STATES FROM THE PORT OF DEBARKATION (SAN FRANCISCO, CALIFORNIA) TO HIS ULTIMATE NEW PERMANENT STATION (FORT KNOX, KENTUCKY), PROVIDED SUCH ENTITLEMENT WAS NOT NULLIFIED BY THE RECEIPT BY HER OF A TRAVEL ALLOWANCE IN HER OWN RIGHT. SINCE THE RECORD SHOWS THAT SHE RECEIVED MILEAGE AND PER DIEM IN HER OWN RIGHT FOR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO WEST LAWN, PENNSYLVANIA, OR FOR A DISTANCE GREATER THAN FROM THE PORT OF DEBARKATION TO THE OFFICER'S NEW PERMANENT STATION, NO ALLOWANCE IS PAYABLE FOR HER TRAVEL FROM WEST LAWN, PENNSYLVANIA, TO FORT KNOX, KENTUCKY.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS WILL BE RETAINED IN THIS OFFICE.