B-122799, JUN. 3, 1955

B-122799, JUN. 3, 1955

TO MASTER SERGEANT WALLACE R. BRIGGS, USMC:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 10, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 15, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM OCEANSIDE, CALIFORNIA, TO JACKSONVILLE, NORTH CAROLINA.

BY ORDERS DATED SEPTEMBER 1, 1953, CAMP PENDLETON, CALIFORNIA, YOU WERE DIRECTED TO PROCEED AND REPORT BY SEPTEMBER 16, 1953, TO THE COMMANDING GENERAL, MARINE CORPS BASE, CAMP LEJEUNE, NORTH CAROLINA, FOR TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION IN THE SPECIAL SUPPLY OFFICER COURSE FOR A PERIOD OF ABOUT 16 WEEKS, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO CAMP PENDLETON TO RESUME YOUR REGULAR DUTIES. YOU RECEIVED THOSE ORDERS ON SEPTEMBER 3, 1953. YOU PREVIOUSLY HAD RECEIVED AN UNDATED FORM LETTER FROM THE SUPPLY SCHOOL BATTALION, CAMP LEJEUNE, NORTH CAROLINA, ADVISING YOU THAT ALL MARRIED STUDENTS WOULD BE IN A TEMPORARY ADDITIONAL DUTY STATUS AND NOT ELIGIBLE FOR GOVERNMENT QUARTERS NOR FOR REIMBURSEMENT FOR DEPENDENTS' TRAVEL. FURTHER, YOU WERE ADVISED TO BRING YOUR COMPLETE ISSUE OF UNIFORM CLOTHING SINCE IT WAS POSSIBLE THAT YOU WOULD BE ASSIGNED A NEW PERMANENT STATION AFTER THE COMPLETION OF THE COURSE. YOUR WIFE TRAVELED FROM OCEANSIDE TO JACKSONVILLE, SEPTEMBER 4 TO 11, 1953. REGIMENTAL SPECIAL ORDER NO. 24-54, DATED JANUARY 25, 1954, YOU WERE ASSIGNED TO PERMANENT DUTY AT CAMP LEJEUNE. YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE TRAVEL PRECEDED THE ORDERS. IN YOUR PRESENT LETTER YOU REQUEST THAT YOUR CLAIM BE REVIEWED TO DETERMINE THE POSSIBILITY OF PAYMENT UNDER THE INTENT OF PARAGRAPH 7000-1, JOINT TRAVEL REGULATIONS, AND STATE THAT AT THE TIME YOUR WIFE TRAVELED IT WAS VERY INDEFINITE THAT YOU WOULD RETURN TO CALIFORNIA INASMUCH AS THE SUPPLY SCHOOL BATTALION'S LETTER INDICATED A POSSIBLE NEW ASSIGNMENT.

PARAGRAPH 7000-1, JOINT TRAVEL REGULATIONS, PROVIDES THAT IT IS THE INTENT OF THE REGULATIONS THAT TRANSPORTATION OF DEPENDENTS IS FOR THE PRIMARY PURPOSE OF KEEPING THE MEMBER AND HIS DEPENDENTS TOGETHER. HOWEVER, AS TO THE ENTITLEMENT TO SUCH TRANSPORTATION, THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 7000-2) THAT MEMBERS ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION EXCEPT (ITEM 11) WHERE THE DEPENDENTS DEPARTED THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE-OF- STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.

SINCE YOUR WIFE TRAVELED WHILE YOU WERE ASSIGNED A PERMANENT STATION AT CAMP PENDLETON, CALIFORNIA, AND LONG BEFORE ORDERS WERE ISSUED ASSIGNING YOU TO A NEW PERMANENT STATION, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM, NOTWITHSTANDING THE GENERAL INTENT OF THE REGULATIONS TO KEEP MEMBERS AND THEIR DEPENDENTS TOGETHER, OR THAT THERE MAY HAVE BEEN SOME UNCERTAINTY AS TO WHETHER YOU WOULD RETURN TO CALIFORNIA.