B-130000, JAN. 28, 1957

B-130000, JAN. 28, 1957

TO FIRST LIEUTENANT R. P. RADOMSKI, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

THERE WAS FORWARDED HERE BY FIRST INDORSEMENT DATED DECEMBER 4, 1956, OF THE CHIEF OF FINANCE, YOUR LETTER DATED OCTOBER 31, 1956, WITH ENCLOSURES, IN WHICH YOU REQUEST DECISION AS TO WHETHER MILEAGE IS PAYABLE, UNDER THE CIRCUMSTANCES DESCRIBED BELOW, TO LIEUTENANT COLONEL ARTHUR S. GARVER, ORDNANCE CORPS, FOR THE TRAVEL OF HIS DEPENDENT WIFE AND TWO MINOR CHILDREN.

IT APPEARS THAT BY ORDERS DATED MARCH 6, 1956, HEADQUARTERS, JOINT UNITED STATES MILITARY ADVISORY GROUP, BANGKOK, THAILAND, THE MEMBER'S WIFE AND TWO MINOR CHILDREN WERE AUTHORIZED TO PROCEED FROM THAT STATION TO THE CONTINENTAL UNITED STATES ON OR ABOUT MARCH 29, 1956. THE ORDERS WERE ISSUED UNDER THE AUTHORITY OF PARAGRAPH 7009-3, REASON NO. 6, JOINT TRAVEL REGULATIONS, AND RECITED THAT THE TRAVEL TO THE UNITED STATES VIA COMMERCIAL AIRCRAFT WAS AUTHORIZED FOR WHICH THE TRANSPORTATION OFFICER WOULD ISSUE THE NECESSARY TRANSPORTATION. THE ORDERS DESIGNATED NEW YORK, NEW YORK, AS PORT OF ENTRY FOR THE DEPENDENTS AND PROVIDED THAT ALL TRANSPORTATION COSTS FROM SUCH PORT OF ENTRY TO DESTINATION WOULD BE BORNE BY THE INDIVIDUAL. BY ORDERS DATED AUGUST 22, 1956, ISSUED AT THE SAME STATION, THE MEMBER WAS REASSIGNED TO THE SIERRA ORDNANCE DEPOT, HERLONG, CALIFORNIA, AND ORDERED TO PROCEED TO THAT STATION ON OR ABOUT SEPTEMBER 22, 1956. THE ORDERS DESIGNATED THE MEMBER'S PORT OF ENTRY AS SAN FRANCISCO, CALIFORNIA. THE DEPENDENTS STOPPED IN ENGLAND EN ROUTE TO THE UNITED STATES AND REMAINED THERE UNTIL JOINED BY THE MEMBER AND THEN TRAVELED CONCURRENTLY TO NEW YORK, NEW YORK, AND THENCE TO THE NEW PERMANENT DUTY STATION.

SINCE THE ORDERS OF MARCH 6, 1956, PROVIDED THAT ALL TRANSPORTATION COSTS FROM THE PORT OF ENTRY (NEW YORK, NEW YORK) TO DESTINATION WOULD BE BORNE BY THE INDIVIDUAL, YOU ASK WHETHER MILEAGE FOR THE TRAVEL OF THE DEPENDENTS IS PAYABLE INCIDENT TO THE MEMBER'S SUBSEQUENT PERMANENT CHANGE OF STATION ORDERS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED OR WHEN ORDERS ARE OF SUCH NATURE AS TO NOT AUTHORIZE TRANSPORTATION OF DEPENDENTS THE SECRETARY CONCERNED MAY, NEVERTHELESS, AUTHORIZE THE MOVEMENT OF DEPENDENTS AT GOVERNMENT EXPENSE UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES. REGULATIONS PROVIDING FOR THE TRANSPORTATION OF DEPENDENTS FROM STATIONS OUTSIDE THE UNITED STATES ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN PARAGRAPH 7009 OF THE JOINT TRAVEL REGULATIONS. SUBPARAGRAPH 7009-3 PROVIDES THAT, UPON REQUEST OF A MEMBER OTHERWISE ENTITLED TO TRANSPORTATION OF DEPENDENTS, ORDERS MAY BE ISSUED AUTHORIZING THE ADVANCE RETURN OF HIS DEPENDENTS TO THE UNITED STATES PROVIDED THE ORDERS SPECIFICALLY LIMIT THE TRANSPORTATION TO BE FURNISHED TO TRANSPORTATION FROM THE OVERSEAS STATION TO THE PORT OF DEBARKATION IN THE UNITED STATES, AND STATE THAT TRANSPORTATION BEYOND THAT POINT WILL NOT BE FURNISHED UNTIL AFTER THE RETURN OF THE MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS. LISTED AS AMONG THE REASONS FOR AUTHORIZED TRANSPORTATION UNDER THE SUBPARAGRAPH ARE SEVEN SUGGESTED CATEGORIES. REASON NO. 6, CITED IN THE ORDERS OF MARCH 6, 1956, AS THE BASIS FOR THE DEPENDENTS' TRAVEL, IS "ANXIETY OR NERVOUS DISORDERS AMONG DEPENDENTS INDUCED OR AGGRAVATED BY RESIDING OVERSEAS OR BEING AWAY FROM THE UNITED STATES.' THE SUBPARAGRAPH ALSO PROVIDES THAT UPON COMPLETION OF THE OVERSEAS TOUR OF DUTY, AND THE TRANSFER OF THE MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS TO A DUTY STATION IN THE CONTINENTAL UNITED STATES, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED, IF OTHERWISE PROPER, AT NOT TO EXCEED THAT FROM THE PORT OF DEBARKATION IN THE UNITED STATES TO WHICH RETURNED TO THE NEW DUTY STATION.

THE PROVISION IN THE ORDERS OF MARCH 6, 1956, THAT TRANSPORTATION COSTS FROM THE PORT OF ENTRY TO DESTINATION WOULD BE BORNE BY THE INDIVIDUAL APPEARS TO HAVE BEEN INCLUDED IN ACCORDANCE WITH THE PROVISION IN SUBPARAGRAPH 7009-3 THAT TRAVEL ORDERS ISSUED PURSUANT TO SUCH REGULATION WOULD LIMIT TRAVEL TO THE PORT OF DEBARKATION AND PRESUMABLY HAD REFERENCE TO TRAVEL WHICH THE DEPENDENTS MIGHT PERFORM BEYOND THE PORT OF ENTRY PRIOR TO THE MEMBER'S PERMANENT CHANGE OF STATION. SINCE THE MEMBER'S DEPENDENTS DEPARTED FROM THAILAND UNDER ORDERS ISSUED PURSUANT TO REASON NO. 6 OF SUBPARAGRAPH 7009-3, THE FACT THAT ON THE DATE OF THE MEMBER'S ORDERS SUCH DEPENDENTS HAD NOT ARRIVED IN NEW YORK, NEW YORK, WOULD NOT APPEAR TO DEFEAT THE MEMBER'S RIGHT TO REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF SUCH DEPENDENTS FROM NEW YORK, NEW YORK, THEIR ORDERED PORT OF DEBARKATION, TO HIS NEW DUTY STATION AT HERLONG, CALIFORNIA, AS PROVIDED IN THE REGULATIONS, SUCH TRAVEL HAVING BEEN PERFORMED AFTER THE OFFICER'S RECEIPT OF ORDERS TO PERMANENT DUTY AT THAT STATION. THE QUESTION PRESENTED IS ANSWERED ACCORDINGLY.