B-131336, JUN. 12, 1957

B-131336, JUN. 12, 1957

TO COLONEL W. C. MEYER, F.C., FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

THE CHIEF OF FINANCE HAS FORWARDED HERE YOUR LETTER DATED MARCH 19, 1957, SUBMITTING VOUCHER FOR REIMBURSEMENT FOR TRAVEL (DD FORM 766) AND MILITARY PAY ORDER (DD FORM 114), FOR ADVANCE DECISION WHETHER ALBERT W. SIMMS, SP- 2, RA 35 323 921, MAY BE PAID THE AMOUNTS CLAIMED THEREON.

DD FORM 766 COVERS HIS CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY HIS DEPENDENT MOTHER FROM FORT HAMILTON, BROOKLYN, NEW YORK, TO CLEVELAND, OHIO, INCIDENT TO HIS PERMANENT CHANGE OF STATION FROM TRANSPORTATION COMPANY 7810 AU, APO 21, U.S. ARMY AT LA ROCHELLE, FRANCE, TO FORT BLISS, TEXAS, UNDER LETTER ORDERS 7-23, DATED JULY 11, 1956, HEADQUARTERS, LA ROCHELLE INSTALLATION (7810), APO 21, U.S. ARMY. IT IS REPORTED THAT THE MEMBER AND HIS MOTHER DEPARTED CHATEAILLION, FRANCE, ON AUGUST 21, 1956, AND ARRIVED IN BROOKLYN, NEW YORK, ON AUGUST 31, 1956, AND THAT THEY ARRIVED IN CLEVELAND, OHIO, ON SEPTEMBER 8, 1956, WHERE HIS MOTHER NOW RESIDES. ALTHOUGH THE MEMBER LATER REPORTED TO FOR BLISS, TEXAS, FOR DUTY, HIS MOTHER DID NOT PERFORM TRAVEL TO THAT STATION. YOU REPORT THAT THE MEMBER WAS PAID ON VOUCHER 808322 IN YOUR OCTOBER 1956 ACCOUNTS AND THAT THE AMOUNT WAS COLLECTED ON HIS MILITARY PAY RECORD CLOSED DECEMBER 31, 1956, FOLLOWING POST PAYMENT AUDIT OF THE VOUCHER. YOUR DOUBT IN THE MATTER IS STATED TO ARISE BECAUSE OF OUR DECISION IN 30 COMP. GEN. 397, WHICH HELD, QUOTING THE SYLLABUS:

"SECTION 12 OF THE PAY READJUSTMENT ACT OF 1952 AND REGULATIONS ISSUED PURSUANT THERETO, AS WELL AS SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, CONTEMPLATE THAT TRANSPORTATION SHALL BE FURNISHED TO AN OTHERWISE ELIGIBLE DEPENDENT PARENT OF AN OFFICER ONLY IN THE EVENT THAT TRAVEL IS PERFORMED TO THE OFFICER'S NEW PERMANENT STATION FOR THE PURPOSE OF RESIDING THERE AS A MEMBER OF HIS SON'S HOUSEHOLD, SO THAT WHERE A DEPENDENT FATHER DOES NOT TRAVEL TO THE OFFICER'S NEW STATION, BUT GOES INSTEAD TO ANOTHER LOCATION, THE OFFICER IS NOT ENTITLED TO REIMBURSEMENT ON ACCOUNT OF THE TRAVEL SO PERFORMED.'

PARAGRAPH 7000-12, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 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 THE REGULATIONS, EXCEPT---

"12. FOR ANY TRAVEL PERFORMED BY A DEPENDENT PARENT OR PARENTS WHO DO NOT ACTUALLY RESIDE IN THE HOUSEHOLD OF SAID MEMBER UNLESS OTHERWISE AUTHORIZED BY THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE; "

THE MEMBER'S CHANGE OF STATION ORDERS PROVIDED THAT HIS MOTHER WOULD PROCEED CONCURRENTLY WITH HIM FROM HIS OVERSEAS STATION BUT MADE NO PROVISION FOR HER TRAVEL TO ANY LOCATION OTHER THAN HIS NEW STATION AND IT DOES NOT APPEAR THAT SUCH TRAVEL WAS OTHERWISE AUTHORIZED. UNLESS TRAVEL OF A DEPENDENT PARENT TO SOME PLACE OTHER THAN THE MEMBER'S NEW PERMANENT STATION IS AUTHORIZED BY PROPER AUTHORITY, THE ABOVE-QUOTED REGULATION DOES NOT APPEAR TO CONTEMPLATE THE FURNISHING OF TRANSPORTATION TO AN OTHERWISE ELIGIBLE DEPENDENT PARENT UNLESS TRAVEL IS PERFORMED TO THE MEMBER'S NEW PERMANENT STATION FOR THE PURPOSE OF RESIDING THERE AS A MEMBER OF THE SON'S HOUSEHOLD. WHILE SPECIALIST SIMMS' MOTHER APPARENTLY RESIDED IN HIS HOUSEHOLD AT HIS OVERSEAS STATION, SINCE SHE DID NOT TRAVEL TO HIS NEW STATION, GOING INSTEAD TO CLEVELAND, OHIO, WHERE SHE RESIDES, REIMBURSEMENT ON ACCOUNT OF SUCH TRAVEL IS NOT AUTHORIZED. COMPARE 30 COMP. GEN. 397.

DD FORM 114 COVERS THE MEMBER'S CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO THE SAME CHANGE OF STATION. YOUR DOUBT IN CONNECTION WITH THIS CLAIM APPEARS TO ARISE BECAUSE OF OUR DECISIONS IN 36 COMP. GEN. 113 AND 36 COMP. GEN. 366, IN WHICH WE HELD, IN PART, THAT ACTUAL TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT A PREREQUISITE TO THE PAYMENT OF A DISLOCATION ALLOWANCE, BUT ONLY THAT THERE BE AN AUTHORIZED MOVE BY THE DEPENDENTS OCCASIONED BY AN AUTHORIZED PERMANENT CHANGE OF STATION ON THE PART OF THE SERVICE MEMBER.

IN CONNECTION WITH THE DISLOCATION ALLOWANCE AUTHORIZED BY SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, IT IS PROVIDED BY PARAGRAPH 9003-1, JOINT TRAVEL REGULATIONS THAT:

"THE ALLOWANCE CONTEMPLATED BY THIS CHAPTER WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED:

"1. UNDER THE CONDITIONS OUTLINED IN PAR. 7000, ITEMS * * * 12 * * *.'

SINCE THE TRAVEL OF THE MEMBER'S DEPENDENT MOTHER WAS PERFORMED UNDER THE CONDITIONS SET FORTH IN PARAGRAPH 7000-12 OF THE REGULATIONS, PAYMENT IN CONNECTION WITH DD FORM 114 IS NOT AUTHORIZED.

THE SPECIFIC QUESTIONS ASKED IN PARAGRAPH FIVE OF YOUR LETTER ARE ANSWERED ACCORDINGLY. THE DD FORMS SUBMITTED BY YOU ARE BEING RETAINED HERE.