B-123082, APR 26, 1955

B-123082, APR 26, 1955

PRECIS-UNAVAILABLE

MASTER SERGEANT E. V. ARNAUD:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1, 1955, RELATIVE TO SETTLEMENT OF JANUARY 3, 1955, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR TRAVEL PERFORMED BY YOUR DEPENDENTS (WIFE AND MINOR DAUGHTER) FROM SPANAWAY, WASHINGTON, TO NEW BRUNSWICK, NEW JERSEY, AND RETURN, AND THENCE TO ERNEST HARMON AIR FORCE BASE, NEWFOUNDLAND, VIA NEW YORK, NEW YORK.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 159, ISSUED AT MCCHORD AIR FORCE BASE, WASHINGTON, UNDER DATE OF NOVEMBER 7, 1951, YOU WERE DIRECTED TO PROCEED TO CAMP KILMER, NEW JERSEY, FOR SHIPMENT TO A PERMANENT STATION OVERSEAS. SUBSEQUENT ORDERS OF DECEMBER 12 AND 22, 1951, DIRECTED FURTHER TRAVEL TO ERNEST HARMON AIR FORCE BASE, STEVENSVILLE, NEWFOUNDLAND. TRAVEL AUTHORIZATION OF DEPENDENTS TO NEAC, DATED JULY 24, 1952, AUTHORIZED YOUR DEPENDENTS TO PROCEED FROM SPANAWAY (LOCATED NEAR MCCHORD AIR FORCE BASE) TO ERNEST HARMON AIR FORCE BASE. YOU SAY THAT YOU TOOK YOUR DEPENDENTS WITH YOU TO NEW BRUNSWICK, NEW JERSEY (LOCATION OF CAMP KILMER), INTENDING TO ESTABLISH A HOME FOR THEM AT THAT PLACE PRIOR TO YOUR DEPARTURE FOR YOUR OVERSEAS STATION, BUT THAT, WHEN THE COMMANDING OFFICER OF THE PERSONNEL PROCESSING SQUADRON AT CAMP KILMER LEARNED OF THAT FACT, HE ORDERED YOU TO SEND THEM BACK TO SPANAWAY. IT APPEARS THAT THEY AGAIN LEFT THE LATTER PLACE AND TRAVELED TO YOUR NEW STATION IN AUGUST 1952 VIA SPRINGFIELD, MASSACHUSETTS; NEW YORK, NEW YORK; AND ST. JOHNS, NEWFOUNDLAND. THE RECORD SHOWS THAT YOU HAVE BEEN PAID $333.54, REPRESENTING MILEAGE ALLOWANCE AT THE RATE OF 9 CENTS PER MILE FOR THEIR TRAVEL FROM SPANAWAY TO NEW YORK AND FROM ST. JOHNS TO ERNEST HARMON AIR FORCE BASE.

UNDER PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS, A MEMBER WHO IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS FROM HIS OLD STATION TO HIS NEW STATION AT GOVERNMENT EXPENSE OVER THE DIRECT ROUTE OF TRAVEL. PARAGRAPH 7008-3 OF SUCH REGULATIONS PROVIDES THAT, WHEN A MEMBER IS ORDERED TO PROCEED TO A NEW PERMANENT STATION OUTSIDE THE UNITED STATES AND HIS DEPENDENTS ARE NOT PERMITTED TO TRAVEL TO SUCH STATION, TRANSPORTATION IS AUTHORIZED TO A SELECTED PLACE, AND LATER FROM SUCH PLACE TO THE NEW STATION, VIA THE APPROPRIATE PORT OF EMBARKATION. YOU APPEAR TO REGARD THE LATTER REGULATION AS HAVING A BEARING ON YOUR CLAIM SUCH AS WOULD INCREASE YOUR ALLOWANCE FOR TRAVEL OF DEPENDENTS.

WHERE DEPENDENTS ARE FIRST TRANSPORTED AT GOVERNMENT EXPENSE TO A DESIGNATED PLACE INCIDENT TO A MEMBER'S ASSIGNMENT TO AN OVERSEAS STATION, TRANSPORTATION UPON THEIR ULTIMATE TRAVEL TO THE OVERSEAS STATION IS LIMITED BY LAW AND REGULATIONS TO THE DISTANCE FROM SUCH DESIGNATED PLACE TO THE OVERSEAS STATION. IN YOUR CASE, IF NEW BRUNSWICK, NEW JERSEY, WERE REGARDED AS THE DESIGNATED PLACE, TRANSPORTATION OF YOUR DEPENDENTS UNDER THE DEPENDENT TRAVEL AUTHORIZATION OF JULY 24, 1952, TO YOUR NEW STATION WOULD BE LIMITED TO LAND TRAVEL FROM NEW BRUNSWICK TO NEW YORK, AND IN NEWFOUNDLAND. MILEAGE COMPUTED ON THE DISTANCE FROM MCCHORD AIR FORCE BASE, WASHINGTON, TO STEVENSVILLE, NEWFOUNDLAND, BY WAY OF NEW BRUNSWICK, NEW JERSEY, WOULD NOT EXCEED THE AMOUNT ALREADY PAID TO YOU. SINCE THERE IS NO LEGAL BASIS FOR PAYMENT TO YOU OF ANY ADDITIONAL MILEAGE FOR TRAVEL OF DEPENDENTS INCIDENT TO THE ORDERS ASSIGNING YOU TO DUTY IN NEWFOUNDLAND, THE SETTLEMENT OF JANUARY 3, 1955, IS SUSTAINED.