B-134408, JAN. 8, 1958
Highlights
HE WAS DIRECTED ON AUGUST 17. HE WAS MARRIED ON AUGUST 25. (1) THAT THE BASIC ORDERS DID NOT AUTHORIZE LEAVE OR DELAY AND (2) THAT THE DEPENDENT WAS ACQUIRED SUBSEQUENT TO THE DATE OF DETACHMENT FROM GREAT LAKES. IN WHICH IT WAS HELD THAT IT IS THE PROVISIONS CONTAINED IN THE BASIC ORDERS WHICH DETERMINE THEIR EFFECTIVE DATE. IS THE DATE OF THE MEMBER'S RELIEF FROM THE OLD STATION. THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDERS. THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS. A MEMBER'S RIGHT TO SUCH TRANSPORTATION IS NOT ENTIRELY LOST MERELY BECAUSE HIS MARRIAGE IS SUBSEQUENT TO THE DATE OF DETACHMENT FROM HIS PERMANENT STATION.
B-134408, JAN. 8, 1958
TO MAJOR E. R. PUCKETT, USMC:
BY FIRST INDORSEMENT OF NOVEMBER 14, 1957, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF OCTOBER 4, 1957, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT TO TECHNICAL SERGEANT THOMAS (A) PHILLIPS, USMC, OF $149.52 AS REIMBURSEMENT FOR HIS WIFE'S TRAVEL FROM ATLANTA, GEORGIA, TO SAN DIEGO, CALIFORNIA.
PERMANENT CHANGE OF STATION ORDERS DATED MARCH 18, 1957, AS AMENDED MARCH 21, 1957, DIRECTED THE MEMBER TO PROCEED FROM CAMP LEJEUNE, NORTH CAROLINA, TO NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR APPROXIMATELY 16 WEEKS, AND UPON SUCCESSFUL COMPLETION TO FURTHER PROCEED TO MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, FOR DUTY UNDER INSTRUCTION FOR A PERIOD IN EXCESS OF 20 WEEKS. BY SECOND INDORSEMENT DATED AUGUST 6, 1957, UPON COMPLETION OF THE TEMPORARY DUTY AT GREAT LAKES, HE WAS DIRECTED ON AUGUST 17, 1957, TO PROCEED AND CARRY OUT THE UNEXECUTED PORTION OF HIS BASIC ORDERS. THE INDORSEMENT AUTHORIZED 10 DAYS' TRAVEL TIME AND 30 DAYS' DELAY CHARGEABLE TO LEAVE. HE WAS MARRIED ON AUGUST 25, 1957, IN ATLANTA, GEORGIA. HIS WIFE TRAVELED FROM THE LATTER CITY TO SAN DIEGO, CALIFORNIA, DURING THE PERIOD SEPTEMBER 4 TO 10, 1957. YOUR QUESTION AS TO WHETHER THE MEMBER MAY BE REIMBURSED FOR SUCH TRAVEL ARISES BECAUSE OF TWO FACTS, (1) THAT THE BASIC ORDERS DID NOT AUTHORIZE LEAVE OR DELAY AND (2) THAT THE DEPENDENT WAS ACQUIRED SUBSEQUENT TO THE DATE OF DETACHMENT FROM GREAT LAKES. IN THIS CONNECTION YOU CITE OUR DECISION B-124265 OF AUGUST 26, 1955, IN WHICH IT WAS HELD THAT IT IS THE PROVISIONS CONTAINED IN THE BASIC ORDERS WHICH DETERMINE THEIR EFFECTIVE DATE.
PARAGRAPH 3003.1B, JOINT TRAVEL REGULATIONS, PROVIDES THAT THE EFFECTIVE DATE OF ORDERS ISSUED TO A MEMBER, WHEN THE ORDERS DO NOT INVOLVE LEAVE OR DELAY EN ROUTE, IS THE DATE OF THE MEMBER'S RELIEF FROM THE OLD STATION, AND THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS. SEE B-124265, MENTIONED ABOVE. HOWEVER, WITH RESPECT TO TRANSPORTATION OF DEPENDENTS UNDER PERMANENT CHANGE OF STATION ORDERS ALSO DIRECTING TEMPORARY DUTY EN ROUTE, A MEMBER'S RIGHT TO SUCH TRANSPORTATION IS NOT ENTIRELY LOST MERELY BECAUSE HIS MARRIAGE IS SUBSEQUENT TO THE DATE OF DETACHMENT FROM HIS PERMANENT STATION. PARAGRAPH 7005-3, NAVY TRAVEL INSTRUCTIONS, PROVIDES THAT WHEN ORDERS ASSIGNING A NEW PERMANENT DUTY STATION DIRECT TEMPORARY DUTY AT ONE OR MORE PLACES EN ROUTE, THE EFFECTIVE DATE OF THE ORDERS, FOR PURPOSES OF DEPENDENT TRAVEL, IS THE DATE OF DETACHMENT FROM THE LAST TEMPORARY DUTY STATION, AND THAT WHEN PROCEED TIME, LEAVE OR DELAY IS AUTHORIZED UPON COMPLETION OF TEMPORARY DUTY BUT PRIOR TO REPORTING TO THE NEW STATION, THE AMOUNT OF SUCH PROCEED TIME, LEAVE OR DELAY WILL BE ADDED TO THE DATE OF DETACHMENT TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. THUS, WHERE THE MEMBER IS GRANTED LEAVE IN CONJUNCTION WITH A PERMANENT CHANGE OF STATION INVOLVING TEMPORARY DUTY EN ROUTE AND MARRIES WHILE ON TEMPORARY DUTY, ENTITLEMENT FOR THE WIFE'S TRAVEL EXISTS WHERE THE MARRIAGE OCCURS BEFORE THE MEMBER IS REQUIRED TO COMMENCE TRAVEL FROM THE TEMPORARY STATION TO THE NEW PERMANENT STATION. THIS IS TRUE EVEN THOUGH THE LEAVE WAS NOT GRANTED IN THE BASIC ORDERS. IN SUCH CASES, TRANSPORTATION FOR THE NEWLY-ACQUIRED WIFE IS AUTHORIZED FROM PLACE OF MARRIAGE TO THE NEW PERMANENT DUTY STATION NOT TO EXCEED FROM THE TEMPORARY STATION TO THE NEW PERMANENT STATION. SEE 26 COMP. GEN. 339, AND B-129292, DATED OCTOBER 11, 1956.
IN THE PRESENT CASE THE MEMBER WAS DETACHED FROM HIS TEMPORARY STATION ON AUGUST 17, 1957, AND UTILIZED 18 DAYS' AUTHORIZED DELAY THEREBY FIXING THE EFFECTIVE DATE OF HIS ORDERS AS SEPTEMBER 4, 1957. SINCE HE MARRIED BEFORE HE WAS REQUIRED TO PROCEED TO HIS NEW STATION HE BECAME ENTITLED TO REIMBURSEMENT FOR HIS WIFE'S TRAVEL. ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT BEING AUTHORIZED FOR THE WIFE'S TRAVEL FROM ATLANTA, GEORGIA, TO SAN DIEGO, CALIFORNIA, NOT TO EXCEED FROM GREAT LAKES, ILLINOIS, TO SAN DIEGO, CALIFORNIA.