B-136681, NOVEMBER 3, 1964, 44 COMP. GEN. 257

B-136681, NOVEMBER 3, 1964, 44 COMP. GEN. 257

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - CADETS, MIDSHIPMEN, ETC. - GRADUATION THE REVISION OF PARAGRAPH 7068 OF THE JOINT TRAVEL REGULATIONS TO PROVIDE THAT SERVICE ACADEMY GRADUATES WHO ACQUIRE A DEPENDENT AFTER DEPARTURE (DETACHMENT) FROM A SERVICE ACADEMY BUT BEFORE THE EFFECTIVE DATE OF ACTIVE DUTY ORDERS ARE ENTITLED TO THE TRANSPORTATION OF THEIR DEPENDENT FROM THE PLACE ACQUIRED TO THE PERMANENT DUTY STATION, NOT TO EXCEED ENTITLEMENT FROM THE FURTHER POINT, HOME OF RECORD, OR SERVICE ACADEMY TO THE PERMANENT STATION, IS WITHIN THE STATUTORY AUTHORITY CONFERRED ON THE SECRETARIES UNDER 37 U.S.C. 406 (C), AND THE REVISION WOULD GRANT SERVICE ACADEMY GRADUATES SUBSTANTIALLY THE SAME BENEFITS THAT ARE ACCORDED OTHER MEMBERS UNDER PARAGRAPH 7060.

TO THE SECRETARY OF THE ARMY, NOVEMBER 3, 1964:

REFERENCE IS MADE TO LETTER OF OCTOBER 12, 1964, FROM THE UNDER SECRETARY OF THE ARMY, WITH ENCLOSURES, REQUESTING DECISION AS TO WHETHER PARAGRAPH 7068 OF THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO PROVIDE THAT MEMBERS UPON GRADUATION FROM A SERVICE ACADEMY ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS UNDER THE SAME CIRCUMSTANCES AS NOW PROVIDED IN PARAGRAPH 7060 FOR MEMBERS "EXCEPT UPON GRADUATION FROM THE SERVICE ACADEMIES.' THE REQUEST WAS ASSIGNED CONTROL NO. 64 33 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE UNDER SECRETARY REFERS TO OUR DECISION OF MAY 22, 1963 (B 134408, B- 148459), 42 COMP. GEN. 645, IN WHICH WE SAID THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO REVISION OF PARAGRAPH 7060 (CHANGE 123, FEBRUARY 1, 1963), JOINT TRAVEL REGULATIONS, TO PROVIDE ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS ACQUIRED SUBSEQUENT TO THE DATE OF A MEMBER'S DETACHMENT FROM HIS OLD PERMANENT STATION, BUT ON OR BEFORE THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION ORDERS, IN WHICH CASE THE ENTITLEMENT TO DEPENDENT TRANSPORTATION WOULD ACCRUE FROM THE PLACE THE DEPENDENT WAS ACQUIRED TO THE NEW PERMANENT STATION, NOT TO EXCEED ENTITLEMENT FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION. THE UNDER SECRETARY SAYS THAT EXCEPT FOR A MEMBER UPON GRADUATION FROM A SERVICE ACADEMY, PARAGRAPH 7060 HAS BEEN REVISED (CHANGE 140, SEPTEMBER 1, 1964) TO PROVIDE ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS IN ACCORDANCE WITH THE MAY 22, 1963, DECISION. SINCE THE DECISION OF MAY 22, 1963, DID NOT SPECIFICALLY AUTHORIZE SUCH TRANSPORTATION OF DEPENDENTS FOR SERVICE ACADEMY GRADUATES, THE UNDER SECRETARY QUESTIONS WHETHER WE WOULD OBJECT TO A REVISION OF PARAGRAPH 7068 TO PROVIDE DEPENDENT TRAVEL ENTITLEMENT FOR SERVICE ACADEMY GRADUATES SIMILAR TO THAT PROVIDED IN PARAGRAPH 7060. THE PROPOSED REVISION IS AS FOLLOWS:

7068 GRADUATES OF SERVICE ACADEMIES

WHEN COMMISSIONED AND ORDERED TO ACTIVE DUTY, A GRADUATE OF A SERVICE ACADEMY IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED BY DEPENDENTS INCIDENT TO SUCH ORDERS, NOT TO EXCEED ENTITLEMENT FROM THE FURTHER POINT, HOME OF RECORD OR SERVICE ACADEMY, TO HIS PERMANENT STATION, IRRESPECTIVE OF THE POINT DESIGNATED IN THE ORDERS (SERVICE ACADEMY OR HOME OF RECORD) FROM WHICH THE OFFICER'S TRAVEL IS DIRECTED TO BE PERFORMED. FOR A DEPENDENT ACQUIRED SUBSEQUENT TO THE DATE OF THE OFFICERS DEPARTURE (DETACHMENT) FROM A SERVICE ACADEMY INCIDENT TO HIS ACTIVE DUTY ORDERS BUT BEFORE THE EFFECTIVE DATE OF THE ORDERS, HE WILL BE ENTITLED TO TRANSPORTATION OF SUCH DEPENDENT FROM THE PLACE WHERE THE DEPENDENT IS ACQUIRED TO HIS PERMANENT STATION, AND NOT TO EXCEED ENTITLEMENT FROM THE FURTHER POINT, HOME OF RECORD, OR SERVICE ACADEMY TO HIS PERMANENT STATION. SUCH ENTITLEMENT IS WITHOUT REGARD TO WHETHER TEMPORARY DUTY IS DIRECTED OR PERFORMED EN ROUTE OR WHETHER EITHER THE OLD OR NEW STATION IS WITHIN OR OUTSIDE THE UNITED STATES.

SINCE THE REVISION OF PARAGRAPH 7068 OF THE JOINT TRAVEL REGULATIONS AS PROPOSED APPEARS TO BE WITHIN THE STATUTORY AUTHORITY CONFERRED ON THE SECRETARIES UNDER 37 U.S.C. 406 (C) AND WOULD GRANT TO SERVICE ACADEMY GRADUATES SUBSTANTIALLY THE SAME BENEFITS AS ARE ACCORDED OTHER MEMBERS UNDER PARAGRAPH 7060 WE FIND NO LEGAL OBJECTION THERETO.