B-117014, SEP 25, 1953

B-117014, SEP 25, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL E. HARDING, JR., FC, U. S. ARMY:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY THIRD INDORSEMENT DATED SEPTEMBER 11, 1953, YOUR LETTER OF AUGUST 14, 1953, TRANSMITTING A VOUCHER IN FAVOR OF SECOND LIEUTENANT RAYMOND R. KETCHAM IN THE SUM OF $33.06 REPRESENTING MONETARY ALLOWANCE FOR HIS WIFE'S TRAVEL FROM FAYETTEVILLE, NORTH CAROLINA, TO FORT BENNING, GEORGIA, DECEMBER 7 AND 8, 1952.

BY PARAGRAPH 12, SPECIAL ORDERS NO. 123, FORT BRAGG, NORTH CAROLINA, DATED MAY 24, 1952, THE MEMBER, THEN A CORPORAL WITH LESS THAN SEVEN YEARS' SERVICE, WAS ORDERED TO FORT BENNING, GEORGIA FOR ENROLLMENT IN INFANTRY OFFICER CANDIDATE CLASS. BY PARAGRAPH 2, SPECIAL ORDERS NO. 276, FORT BENNING, GEORGIA, DATED NOVEMBER 24, 1952, HAVING GRADUATED AND ACCEPTED A COMMISSION AS SECOND LIEUTENANT, THE MEMBER WAS ORDERED TO DUTY AT FORT BENNING, IT BEING SHOWN THAT HIS HOME ADDRESS WAS FAYETTEVILLE, NORTH CAROLINA. HIS WIFE TRAVELED FROM FAYETTEVILLE TO FORT BENNING BY PRIVATELY OWNED AUTOMOBILE. YOUR QUESTION AS TO WHETHER PAYMENT OF A MONETARY ALLOWANCE FOR HER TRAVEL IS AUTHORIZED ARISES FROM PARAGRAPH 7000 -2-4, JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT MEMBERS ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION EXCEPT WHEN SEPARATED TO ACCEPT A COMMISSION.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH REGULATIONS AS THE SECRETARIES MAY PRESCRIBE MEMBERS SHALL BE ENTITLED TO TRANSPORTATION FOR THEIR DEPENDENTS UPON PERMANENT CHANGE OF STATION. THE LEGISLATIVE HISTORY OF THIS SECTION (SO FAR AS IS HERE CONCERNED) CLEARLY SHOWS THAT THE CONGRESS INTENDED TO AUTHORIZE TRANSPORTATION OF DEPENDENTS UPON ORIGINAL APPOINTMENT IN THE SERVICE (PAGE 15, HOUSE REPORT 583; PAGE 19, HOUSE REPORT 779, AND PAGE 22, SENATE REPORT 733). IN CARRYING OUT SUCH LEGISLATIVE INTENT THE SECRETARIES PROMULGATED JOINT TRAVEL REGULATIONS WHICH PROVIDE THAT (PARAGRAPH 7000-2), MEMBERS OF THE SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION WHICH THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 3003 1) SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ETC. THUS, IT APPEARS CLEAR THAT THE LAW AND REGULATIONS CONTEMPLATE THAT AN OFFICER UPON ASSIGNMENT TO FIRST PERMANENT DUTY STATION SHALL BE ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS FROM HIS HOME TO THAT STATION. THE PROVISION TO WHICH YOU REFER PROVIDES ONLY THAT TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED INCIDENT TO THE PROCESS OF DISCHARGE FOR THE PURPOSE OF ACCEPTANCE OF COMMISSION. IN THE PRESENT CASE THE TRAVEL WAS NOT PERFORMED INCIDENT TO THAT PROCESS BUT WAS PERFORMED INCIDENT TO ORDERS TO FIRST PERMANENT STATION FOLLOWING ACCEPTANCE OF COMMISSION AS SECOND LIEUTENANT. HENCE, THE CLAIMANT, HAVING BEEN FURNISHED NO TRANSPORTATION OF DEPENDENT INCIDENT TO HIS PREVIOUS SERVICE, NOW IS ENTITLED TO SUCH TRANSPORTATION FOR TRAVEL PERFORMED BY HER INCIDENT TO HIS ORDERS TO ACTIVE DUTY AS AN OFFICER, NOT TO EXCEED FAYETTEVILLE TO FORT BENNING.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED, IF OTHERWISE CORRECT.