B-117368, JAN 12, 1954

B-117368, JAN 12, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL HENRY RUFF, FC, U. S. ARMY:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY SECOND INDORSEMENT DATED OCTOBER 13, 1953, YOUR LETTER OF SEPTEMBER 14, 1953, TRANSMITTING A VOUCHER IN FAVOR OF SECOND LIEUTENANT STANLEY F. HARMS, JR., (0-1894100) IN THE SUM OF $37.74 REPRESENTING REIMBURSEMENT FOR HIS WIFE'S TRAVEL FROM INDIANAPOLIS, INDIANA, TO LEBANON, PENNSYLVANIA, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY PARAGRAPH 3, SPECIAL ORDERS NO. 228, FORT RILEY, KANSAS, DATED AUGUST 15, 1952, THE MEMBER WAS ORDERED TO ACTIVE DUTY AS SECOND LIEUTENANT (THE GRADE HELD BY HIM IN OFFICERS' RESERVE CORPS) AND DIRECTED TO PROCEED TO FINANCE SCHOOL, U. S. ARMY, INDIANAPOLIS, INDIANA, TO ATTEND ASSOCIATE FINANCE COMPANY OFFICER COURSE, BEGINNING SEPTEMBER 16, 1952. THE ORDERS STATED THAT THIS WAS TEMPORARY DUTY PENDING FURTHER ORDERS; THAT TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD EFFECTS TO STATION WERE NOT AUTHORIZED; THAT THE MEMBER WAS A SERGEANT AND THAT HIS HOME WAS PHILADELPHIA, PENNSYLVANIA.

ADVICE INFORMALLY RECEIVED FROM THE ADJUTANT GENERAL'S OFFICE IS THAT THE MEMBER ENLISTED ON SEPTEMBER 18, 1951; HAD BEEN PERMANENTLY STATIONED AT FORT RILEY SINCE MARCH 4, 1952, AND WAS DISCHARGED AS AN ENLISTED MAN WHEN ORDERED TO ACTIVE DUTY AS AN OFFICER. THE RECORD SHOWS THAT HE REPORTED AT THE SCHOOL ON AUGUST 27, 1952, AND WAS PLACED ON DUTY IN A CASUAL STATUS DUE TO THE SEPTEMBER QUOTA HAVING BEEN FILLED PRIOR TO HIS ARRIVAL; THAT WHILE ON SUCH DUTY HE WAS GRANTED 10 DAYS' LEAVE DURING WHICH HE WAS MARRIED, DECEMBER 27, 1952, IN PHILADELPHIA, PENNSYLVANIA; THAT HIS WIFE AND HOUSEHOLD EFFECTS WERE MOVED FROM PHILADELPHIA TO INDIANAPOLIS AT PERSONAL EXPENSE, AND THAT HE ATTENDED THE ASSOCIATE FINANCE COMPANY OFFICER COURSE DURING THE PERIOD JANUARY 9 TO APRIL 23, 1953.

UPON COMPLETION OF THE COURSE THE OFFICER WAS TRANSFERRED TO INDIANTOWN GAP MILITARY RESERVATION, PENNSYLVANIA, WHERE, BY PARAGRAPH 41, SPECIAL ORDER 100 DATED APRIL 29, 1953, HE WAS PLACED ON PERMANENT DUTY. HIS WIFE TRAVELED FROM INDIANAPOLIS, INDIANA, TO LEBANON, PENNSYLVANIA, APRIL 27 TO MAY 13, 1953. YOUR QUESTION AS TO WHETHER REIMBURSEMENT IS AUTHORIZED FOR HER TRAVEL BETWEEN THOSE POINTS ARISES FROM THE FACT THAT THE ORDERS TO ACTIVE DUTY DID NOT CONTEMPLATE ASSIGNMENT TO A SCHOOL FOR A COURSE OF INSTRUCTION IN EXCESS OF 20 WEEKS' DURATION AND THEREFORE THAT INDIANAPOLIS WAS A TEMPORARY STATION.

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 IN KIND FOR THEIR DEPENDENTS OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND. PARAGRAPH 7000-2, JOINT TRAVEL REGULATIONS, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES IN PAY GRADE E-4 WITH MORE THAN 7 YEARS' SERVICE AND IN HIGHER GRADES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS 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, ENLISTMENT OR INDUCTION. IN THIS CASE THE CLAIMANT WAS IN THE SERVICE IN AN ENLISTED STATUS WHEN ORDERED TO ACTIVE DUTY AS AN OFFICER AND THE NET EFFECT OF THE ORDERS OF AUGUST 15, 1952, WAS TO DETACH HIM FROM A PERMANENT STATION AND TO ASSIGN HIM TO A TEMPORARY STATION WITHOUT PROVIDING FOR HIS RETURN TO THE OLD STATION OR SPECIFYING THE PERIOD OF ABSENCE FROM THE PERMANENT STATION. AT THAT TIME HE HAD NO DEPENDENTS, BUT ACQUIRED A WIFE WHILE ON TEMPORARY DUTY. UNDER SUCH CIRCUMSTANCES A MEMBER IN A GRADE ENTITLING HIM TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS IS ENTITLED TO SUCH TRANSPORTATION FROM THE TEMPORARY STATION TO THE NEW PERMANENT STATION NOT TO EXCEED FROM THE OLD PERMANENT STATION TO THE NEW. SEE 26 COMP. GEN. 339. CF. B-116412 DATED AUGUST 19, 1953. HENCE CLAIMANT IS ENTITLED TO REIMBURSEMENT FOR TRAVEL PERFORMED BY HIS DEPENDENT NOT TO EXCEED THE COST FROM INDIANAPOLIS TO INDIANTOWN GAP.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED BETWEEN THE POINTS CLAIMED SUBJECT TO THE LIMITATION MENTIONED ABOVE.