B-115509, JUNE 23, 1953, 32 COMP. GEN. 569

B-115509, JUNE 23, 1953, 32 COMP. GEN. 569

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - TRAINING OR SERVICE SCHOOL ASSIGNMENTS WHILE A MEMBER OF THE UNIFORMED SERVICES ASSIGNED AS A STUDENT TO A SCHOOL OR INSTALLATION FOR 20 WEEKS OR MORE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS TO SUCH PLACE UNDER SECTION 7000 OF THE JOINT TRAVEL REGULATIONS, AN ARMY OFFICER ASSIGNED AS A STUDENT TO TWO SCHOOLS OR COURSES OF INSTRUCTION TOTALING 20 WEEKS OR MORE, BUT LESS THAN 20 WEEKS AT ANY ONE PLACE, IS NOT ENTITLED TO REIMBURSEMENT FOR TRAVEL OF WIFE INCIDENT TO SUCH ASSIGNMENTS, EVEN THOUGH HIS ORDERS STATED THE TWO CLASSES WERE TO BE CONSIDERED ONE COURSE OF INSTRUCTION.

COMPTROLLER GENERAL WARREN TO COL. CARL J. MELNICK, DEPARTMENT OF THE ARMY, JUNE 23, 1953:

THERE HAS BEEN RECEIVED BY FIRST ENDORSEMENT DATED MAY 27, 1953, YOUR LETTER OF MARCH 11, 1953, TRANSMITTING FOR ADVANCE DECISION TWO VOUCHERS IN FAVOR OF LIEUTENANT JOHN G. TODD, AUS, FOR REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENT FROM FORT MONMOUTH, NEW JERSEY, TO SAN MARCOS, TEXAS, AND RETURN, UNDER THE CIRCUMSTANCES THEREIN SHOWN.

THE RECORD SHOWS THAT BY PARAGRAPH 8, SPECIAL ORDERS NO. 56, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED MARCH 18, 1952, LIEUTENANT (THEN SECOND LIEUTENANT) TODD WAS RELEASED FROM DUTY AT MONMOUTH, NEW JERSEY, DIRECTED TO PROCEED THEREFROM AND REPORT TO FORT SILL, OKLAHOMA, ON NOVEMBER 3, 1952, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION FOR A PERIOD OF APPROXIMATELY 13 WEEKS, WITH TEMPORARY DUTY EN ROUTE AT SAN MARCOS, TEXAS, WHERE HE WAS TO REPORT ON JUNE 30, 1952, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION FOR A PERIOD OF APPROXIMATELY 18 WEEKS, IT BEING STATED THAT THE TWO CLASSES WERE CONSIDERED TO BE ONE COURSE OF INSTRUCTION FOR A PERIOD IN EXCESS OF FIVE MONTHS. YOU STATE THAT UPON ARRIVAL OF THE OFFICER AT SAN MARCOS, TEXAS, HE WAS DISQUALIFIED FOR AVIATION TRAINING AS A RESULT OF HIS FAILURE TO MEET THE EYESIGHT REQUIREMENTS OF THE FLIGHT PHYSICAL EXAMINATION. BY PARAGRAPH 8, SPECIAL ORDERS NO. 145, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED JULY 18, 1952, THE OFFICER WAS RELEASED FROM THE STUDENT DETACHMENT, THE ARTILLERY SCHOOL, FORT SILL, OKLAHOMA, AND FROM TEMPORARY DUTY AT SAN MARCOS, TEXAS, AND ASSIGNED TO DUTY AT FORT MONMOUTH, NEW JERSEY, WITH TEMPORARY DUTY DIRECTED EN ROUTE AT WHITE SANDS PROVING GROUND, NEW MEXICO, WHERE HE WAS TO REPORT NOT LATER THAN AUGUST 28, 1952, FOR THE PURPOSE OF ATTENDING COURSE OF INSTRUCTION FOR APPROXIMATELY 19 WEEKS. LIEUTENANT TODD STATES THAT HIS DEPENDENT (WIFE) TRAVELED AT PERSONAL EXPENSE FROM FORT MONMOUTH, NEW JERSEY, TO SAN MARCOS, TEXAS, BETWEEN THE DATES JUNE 15 AND 30, 1952; FROM THE LATTER PLACE TO WHITE SANDS PROVING GROUND, NEW MEXICO, BETWEEN THE DATES JULY 25 AND 28, 1952, AND THENCE TO FORT MONMOUTH, NEW JERSEY, BETWEEN THE DATES AUGUST 28, 1952 AND FEBRUARY 20, 1953. THE OFFICER'S CLAIM IS FOR REIMBURSEMENT FOR THE TRAVEL OF HIS WIFE FROM FORT MONMOUTH, NEW JERSEY, TO SAN MARCOS, TEXAS, AND RETURN.

THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, 813, 814, PROVIDE IN SECTION 7000 THEREOF 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, WITH CERTAIN EXCEPTIONS INCLUDING THE CASE OF AN OFFICER ASSIGNED TO A SCHOOL OR INSTALLATION AS A STUDENT FOR A COURSE OF INSTRUCTION OF LESS THAN 20 WEEKS' DURATION. SUCH PROVISION OF THE REGULATIONS, IN THE LIGHT OF THE GENERAL PURPOSE OF THE REGULATIONS IN AUTHORIZING TRANSPORTATION OF DEPENDENTS ONLY UPON ORDERS TO MAKE A PERMANENT CHANGE OF STATION TO THE EXCLUSION OF ORDERED TEMPORARY CHANGES OF STATION, MUST BE CONSTRUED AS CONTEMPLATING THAT MEMBERS OF THE UNIFORMED SERVICE ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IN CONNECTION WITH AN ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A STUDENT ONLY IF THE COURSE OF INSTRUCTION IS TO BE 20 WEEKS OR MORE IN DURATION AT ANY ONE PLACE. THUS, WHERE A MEMBER IS SO ASSIGNED TO TWO OR MORE PLACES AS A STUDENT FOR COURSES OF INSTRUCTION OF A TOTAL PERIOD OF 20 WEEKS OR MORE, BUT LESS THAN 20 WEEKS' DURATION AT ANY ONE PLACE, HE IS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE INCIDENT TO SUCH ASSIGNMENTS. IN THIS CONNECTION, SEE PARAGRAPH 8009-4G (1), JOINT TRAVEL REGULATIONS, WHICH EXPRESSLY PROVIDES THAT TRANSPORTATION OF HOUSEHOLD EFFECTS TO A SCHOOL AS FOR A PERMANENT CHANGE OF STATION IS NOT AUTHORIZED UNLESS THE ORDERS ARE TO PURSUE A PRESCRIBED COURSE OF STUDY THEREAT OF NOT LESS THAN 20 WEEKS' DURATION.

SINCE LIEUTENANT TODD IN NO INSTANCE WAS ORDERED TO AN INSTALLATION TO PURSUE A COURSE OF STUDY THEREAT OF NOT LESS THAN 20 WEEKS' DURATION, HE IS NOT ENTITLED TO REIMBURSEMENT IN ANY AMOUNT FOR THE TRAVEL OF HIS DEPENDENT HERE INVOLVED. ACCORDINGLY, PAYMENT OF THE TWO VOUCHERS, WHICH ARE BEING RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.