B-132138, JUL. 17, 1957

B-132138, JUL. 17, 1957

TO MR. S. F. LEADER, DISBURSING OFFICER, U.S. MARINE CORPS AIR STATION:

BY FIRST ENDORSEMENT DATED JUNE 6, 1957, THE COMMANDANT OF THE MARINE CORPS TRANSMITTED HERE YOUR LETTER OF MAY 17, 1957, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF BRIGADIER GENERAL AVERY R. KIER, UNITED STATES MARINE CORPS, IN THE AMOUNT OF $129.12, AS REIMBURSEMENT OF TRAVEL ALLOWANCE FOR DEPENDENT (WIFE) FROM MINNEAPOLIS, MINNESOTA, TO SAN FRANCISCO, CALIFORNIA.

THE RECORD DISCLOSES THAT BY SECOND ENDORSEMENT OF DECEMBER 4, 1956, ON BASIC ORDERS OF NOVEMBER 19, 1956, ADDRESSED TO HIM IN THE RANK OF COLONEL, GENERAL KIER WAS DIRECTED TO PROCEED ON OR ABOUT JANUARY 10,1957, FROM THE MARINE CORPS AIR STATION, EL TORO, CALIFORNIA, TO JAPAN FOR DUTY WITH THE 1ST MARINE AIRCRAFT WING AND THAT UNDER THOSE ORDERS HE DESIGNATED MINNEAPOLIS, MINNESOTA, AS THE PLACE HIS DEPENDENT WOULD RESIDE DURING HIS PERIOD OF OVERSEAS DUTY. BY ORDERS DATED MARCH 8, 1957, RECEIVED BY THE OFFICER AT 1500 HOURS ON THAT DAY, GENERAL KIER WAS DETACHED FROM HIS STATION AND DUTIES WITH THE 1ST MARINE AIRCRAFT WING AND DIRECTED TO PROCEED TO OAHU, H., FOR DUTY AS COMMANDING GENERAL, FIRST MARINE BRIGADE.

IN CONNECTION WITH HIS CLAIM FOR TRAVEL ALLOWANCE, GENERAL KIER CERTIFIED THAT UPON THE DATE OF RECEIPT BY HIM OF THE ORDERS OF MARCH 8, 1957, HIS DEPENDENT WIFE, MRS. PAULINE MCNEAR KIER, WAS EN ROUTE FROM SACRAMENTO, CALIFORNIA, TO MINNEAPOLIS, MINNESOTA, VIA KANSAS CITY, KANSAS; THAT SHE LEFT SACRAMENTO AT 1200 HOURS ON MARCH 5, 1957, AND ARRIVED AT KANSAS CITY, KANSAS, AT 0900 HOURS ON MARCH 7, 1957; THAT SHE DEPARTED KANSAS CITY, KANSAS, VIA AIR ON MARCH 12, 1957, AND ARRIVED AT MINNEAPOLIS, MINNESOTA, ON THE SAME DAY.

PARAGRAPH 7005 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY HIM--- AS IN THIS CASE--- HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE AT WHICH THE DEPENDENTS ARE LOCATED ON THE DATE HE RECEIVED SUCH ORDERS TO ANY PLACE IN THE UNITED STATES WHICH HE MAY DESIGNATE. THE PARAGRAPH FURTHER PROVIDES AS FOLLOWS:

"* * * WHEN THE RESTRICTION IS REMOVED OR WHEN THE MEMBER IS TRANSFERRED TO A DUTY STATION TO WHICH MOVEMENT OF DEPENDENTS IS AUTHORIZED, HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE AFOREMENTIONED DESIGNATED PLACE TO HIS DUTY STATION.'

THE RECORD INDICATES THAT FOLLOWING THE TRANSFER OF GENERAL KIER TO JAPAN AND THE DESIGNATION BY HIM OF MINNEAPOLIS, MINNESOTA, AS THE PLACE WHERE HIS DEPENDENT WOULD RESIDE DURING HIS PERIOD OF OVERSEAS DUTY, HIS WIFE PROCEEDED FROM HER HOME IN CALIFORNIA TO SUCH DESIGNATED PLACE. UNDER THE FACTS REPORTED, IT DOES NOT APPEAR THAT WHEN GENERAL KIER RECEIVED THE ORDERS OF MARCH 8, 1957, HE WAS IN A POSITION TO NOTIFY HIS WIFE OF HIS CHANGE OF STATION SINCE, IT REASONABLY MAY BE ASSUMED, HE WAS UNAWARE OF HER THEN WHEREABOUTS, SHE BEING AT THE TIME EN ROUTE FROM CALIFORNIA TO MINNEAPOLIS. HAVING ARRIVED AT THE LATTER PLACE WITHOUT NOTICE OF HER HUSBAND'S CHANGE OF STATION, IT WOULD SEEM TO FOLLOW THAT UNDER THE ABOVE- QUOTED PORTION OF PARAGRAPH 7005 OF THE JOINT TRAVEL REGULATIONS, GENERAL KIER IS ENTITLED TO REIMBURSEMENT AS CLAIMED FOR HIS DEPENDENT'S TRAVEL FROM MINNEAPOLIS, MINNESOTA, TO SAN FRANCISCO, CALIFORNIA, DURING THE PERIOD APRIL 7 TO 13, 1957.

THE ENCLOSURES TO YOUR LETTER ARE RETURNED HEREWITH AND PAYMENT ON THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT.