B-130251, FEB. 27, 1957

B-130251, FEB. 27, 1957

TO COLONEL G. R. GRETSER, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT OF JANUARY 2, 1957, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF NOVEMBER 29, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF SPECIALIST THIRD CLASS HERBERT A. SWEENEY, RA 13 331 943, FOR REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS FROM HAVRE DE GRACE, MARYLAND, TO SEATTLE, WASHINGTON, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED JULY 30 AND SEPTEMBER 17, 1956, THE MEMBER WAS RELEASED FROM DUTY AT ABERDEEN PROVING GROUND, MARYLAND, AND ASSIGNED TO DUTY IN JAPAN. SUCH ORDERS DID NOT AUTHORIZE CONCURRENT TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION. IT APPEARS THAT HIS DEPENDENTS(WIFE AND INFANT DAUGHTER) TRAVELED AT PERSONAL EXPENSE FROM HAVRE DE GRACE, MARYLAND, TO FORT LEWIS, WASHINGTON, AND THENCE BY WAY OF SEATTLE, WASHINGTON, TO JAPAN, BETWEEN SEPTEMBER 6 AND 16, 1956. IT IS SHOWN THAT HE WAS PERMITTED TO ENTER INTO A PRIVATE RENTAL AGREEMENT IN ORDER TO HAVE QUARTERS AVAILABLE FOR HIS DEPENDENTS AT HIS OVERSEAS STATION. HE CLAIMS REIMBURSEMENT FOR THE LAND TRAVEL OF HIS DEPENDENTS FROM HAVRE DE GRACE, MARYLAND, TO SEATTLE, WASHINGTON.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, WHICH EXPRESSLY PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A MEMBER'S ORDERED CHANGE OF PERMANENT STATION SHALL BE UNDER SUCH CONDITIONS AND LIMITATIONS, FOR SUCH RANKS, GRADES OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE.

CHAPTER 7, JOINT TRAVEL REGULATIONS, ISSUED BY THE SECRETARIES TO IMPLEMENT THIS STATUTORY AUTHORITY, PROVIDES GENERALLY IN PARAGRAPH 7000 THAT MEMBERS OF THE UNIFORMED SERVICES (EXCEPT ENLISTED MEN IN THE LOWER PAY GRADES) ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN SUCH REGULATIONS. PARAGRAPH 7008-3 (2), CHANGE 42, DATED JANUARY 1, 1956, OF THE SAME REGULATIONS PROVIDES THAT WHEN DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION OUTSIDE THE UNITED STATES AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE PLACE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF THE CHANGE OF STATION ORDERS, NOT TO EXCEED THE COST FROM THE MEMBER'S OLD PERMANENT STATION TO THE POINT OF ACTUAL DEPARTURE OF DEPENDENTS FROM THE UNITED STATES IN CONJUNCTION WITH TRAVEL TO A POINT OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER.

SINCE THE MEMBER'S DEPENDENTS HAD OFFICIAL PERMISSION TO APPLY FOR A PASSPORT FOR TRAVEL TO JAPAN, AND SINCE HE WAS PERMITTED TO ENTER INTO A PRIVATE RENTAL AGREEMENT IN ORDER TO HAVE QUARTERS AVAILABLE FOR THEM AT HIS OVERSEAS STATION, HE IS ENTITLED UNDER PARAGRAPH 7008 3 (2), JOINT TRAVEL REGULATIONS, TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM HAVRE DE GRACE, MARYLAND, TO SEATTLE, WASHINGTON, THE PLACE OF THEIR ACTUAL DEPARTURE FROM THE UNITED STATES EN ROUTE TO JAPAN.