B-131721, JUL. 24, 1957

B-131721, JUL. 24, 1957

TO LIEUTENANT COLONEL G. A. GOLFMAN, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY FIRST INDORSEMENT OF MAY 2, 1957, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF APRIL 11, 1957, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF SECOND LIEUTENANT IRVIN J. HUNTZINGER, 01 923 750, FOR REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENT, IN THE CIRCUMSTANCES SHOWN.

THE RECORD INDICATES THAT THE MEMBER WAS DISCHARGED WHILE SERVING AS SERGEANT FIRST CLASS, REGULAR ARMY, AT FORT MYER, VIRGINIA, AND THAT HE IMMEDIATELY ACCEPTED AN APPOINTMENT AS A SECOND LIEUTENANT IN THE UNITED STATES ARMY RESERVE. BY ORDERS DATED JANUARY 2, 1957, AS AMENDED JANUARY 23, 1957, LIEUTENANT HUNTZINGER WAS ORDERED TO ACTIVE DUTY AT FORT MYER EFFECTIVE JANUARY 26, 1957, AND HE WAS DIRECTED TO PROCEED TO FORT SILL, OKLAHOMA, TO ATTEND A COURSE OF INSTRUCTION BEGINNING FEBRUARY 1, 1957. WHILE SUCH ORDERS INCLUDED THE ABBREVIATION "PCS" DENOTING A PERMANENT CHANGE OF STATION, YOU SAY THAT THE COURSE OF INSTRUCTION INVOLVED WAS SCHEDULED FOR LESS THAN 20 WEEKS' DURATION. BY ORDERS DATED FEBRUARY 11, 1957, THE ORDERS OF JANUARY 2, 1957, AS AMENDED, WERE FURTHER AMENDED SO AS TO DELETE THE REFERENCE TO A PERMANENT CHANGE OF STATION AND TO INCLUDE THE ABBREVIATION "TDPFO.' SUCH AMENDATORY ORDERS ALSO PROVIDE THAT "TRAVEL OF DEPENDENTS AND MOVEMENT OF HOUSEHOLD GOODS TO STATION INDICATED AT GOVERNMENT EXPENSE ARE NOT AUTHORIZED. FOR TRAVEL COSTS TO AND PER DIEM AT TDY STATION ONLY * * *.' THE OFFICER HAS CERTIFIED THAT HIS DEPENDENT (WIFE) TRAVELED AT PERSONAL EXPENSE FROM ARLINGTON, VIRGINIA, TO FORT SILL, OKLAHOMA, BETWEEN JANUARY 26 AND 31, 1957. HE CLAIMS REIMBURSEMENT FOR THAT TRAVEL OF HIS DEPENDENT AND ALSO A DISLOCATION ALLOWANCE. YOU REQUEST A DECISION AS TO WHETHER THE MEMBER IS ENTITLED TO THE REIMBURSEMENT CLAIMED AND, IF NOT, WHETHER HE IS ENTITLED TO PER DIEM FOR THE PERIOD INVOLVED.

THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, 813, 814, PROVIDE IN SECTION 7000 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 STATION, SUBJECT TO CERTAIN EXCEPTIONS WHICH INCLUDE THE CASE OF AN OFFICER ASSIGNED TO A SCHOOL OR INSTALLATION AS A STUDENT FOR A COURSE OF INSTRUCTION OF LESS THAN 20 WEEKS' DURATION. SUCH PROVISION OF THE REGULATIONS, IN THE LIGHT OF THEIR GENERAL PURPOSE IN AUTHORIZING TRANSPORTATION OF DEPENDENTS ONLY UPON ORDERS TO MAKE A PERMANENT CHANGE OF STATION TO THE EXCLUSION OF THE ORDERED TEMPORARY CHANGES OF STATION, HAS BEEN CONSTRUED AS CONTEMPLATING THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IN CONNECTION WITH AN ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A STUDENT ONLY IF THE COURSE OF INSTRUCTION IS TO BE 20 WEEKS OR MORE IN DURATION AT ANY ONE PLACE. SEE 32 COMP. GEN. 569 AND 34 COMP. GEN. 260.

SINCE LIEUTENANT HUNTZINGER WAS, BY ORDERS DATED JANUARY 2, 1957, ASSIGNED TO FORT SILL, OKLAHOMA, FOR A COURSE OF INSTRUCTION OF LESS THAN 20 WEEKS' DURATION, THE REGULATIONS CLEARLY BAR PAYMENT IN ANY AMOUNT FOR TRAVEL OF HIS DEPENDENT INCIDENT TO SUCH ASSIGNMENT. IT FOLLOWS THAT HE IS NOT ENTITLED TO A DISLOCATION ALLOWANCE. IT MAY BE CONSIDERED, HOWEVER, THAT HE WAS IN A TEMPORARY DUTY STATUS ENTITLING HIM TO PER DIEM AT THE APPROPRIATE RATE DURING THE PERIOD INVOLVED.

ACCORDINGLY, ON THE PRESENT RECORD, PAYMENT OF THE SUBMITTED VOUCHER IS NOT AUTHORIZED. THE VOUCHER AND DISLOCATION ALLOWANCE CERTIFICATE WILL BE RETAINED HERE.