B-131142, JUN. 3, 1957

B-131142, JUN. 3, 1957

TO RAY WOODS, DISBURSING OFFICER:

BY FIRST ENDORSEMENT OF MARCH 18, 1957, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF FEBRUARY 19, 1957, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF CAPTAIN RODGER I. EDDY, 049709, USMC, FOR REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS FROM SAN ANGELO, TEXAS, TO SAN DIEGO, CALIFORNIA, IN THE CIRCUMSTANCES DESCRIBED.

BY ORDERS DATED SEPTEMBER 17, 1956, CAPTAIN EDDY WAS DETACHED FROM DUTY OVERSEAS AND ASSIGNED TO DUTY AT EL TORO, CALIFORNIA, WHERE HE REPORTED FOR DUTY ON OCTOBER 5, 1956, FOLLOWING A PERIOD OF AUTHORIZED LEAVE. IS REPORTED THAT THE OFFICER AND HIS WIFE, VERA B. EDDY, WERE DIVORCED ON DECEMBER 20, 1956, IN SAN ANGELO, TEXAS; THAT BY COURT ORDER HIS WIFE WAS GRANTED CUSTODY OF THEIR CHILDREN; AND THAT HE WAS ORDERED TO PAY $200 PER MONTH FOR THE SUPPORT OF THEIR CHILDREN. HE HAS CERTIFIED THAT HIS DEPENDENTS (DAUGHTER AGE 11 AND SON AGE 5) TRAVELED AT PERSONAL EXPENSE FROM SAN ANGELO, TEXAS, TO SAN DIEGO, CALIFORNIA, BETWEEN JANUARY 7 AND 11, 1957, WHETHER THEY RESIDE WITH HIS FORMER WIFE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE 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 DEPENDENTS, OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. PARAGRAPH 7001-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT SECTION, PROVIDES THAT THE TERM "DEPENDENT" SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES THE LAWFUL WIFE AND UNMARRIED LEGITIMATE CHILDREN, UNDER TWENTY-ONE YEARS OF AGE, OF ANY MEMBER OF THE UNIFORMED SERVICES, EXCEPT AS HEREINAFTER LIMITED IN THIS SUBSECTION. PARAGRAPH 7000 OF THE SAME REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS, EXCEPT IN CERTAIN SPECIFIED INSTANCES. THE PROVISION OF THE STATUTE AND REGULATIONS CLEARLY CONTEMPLATE THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE WILL BE FURNISHED ONLY WHETHER THE TRAVEL OF DEPENDENTS INVOLVED REASONABLY MAY BE CONSIDERED AS INCIDENT TO THE MEMBER'S PERMANENT CHANGE OF STATION.

SINCE CAPTAIN EDDY DID NOT HAVE CUSTODY OF HIS MINOR SON AND DAUGHTER WHEN THEY TRAVELED FROM SAN ANGELO, TEXAS, TO SAN DIEGO, CALIFORNIA--- THE CUSTODY AND CONTROL OF THE CHILDREN HAVING BEEN AWARDED TO THE MOTHER UNDER THE TERMS OF A COURT ORDER--- THE TRAVEL PERFORMED BY THE CHILDREN FROM SAN ANGELO TO SAN DIEGO MAY NOT BE CONSIDERED AS HAVING BEEN PERFORMED INCIDENT TO HIS CHANGE OF STATION FROM OVERSEAS TO EL TORO, CALIFORNIA. IT WOULD APPEAR THAT SUCH TRAVEL WAS PERFORMED BY THE CHILDREN SOLELY BECAUSE OF A CHANGE OF RESIDENCE OF THEIR MOTHER. HENCE, CAPTAIN EDDY IS NOT ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS HERE INVOLVED. IT FOLLOWS THAT HE IS NOT ENTITLED TO A DISLOCATION ALLOWANCE UNDER THE PROVISIONS OF PARAGRAPH 9002 OF THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY, ON THE PRESENT RECORD, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.