B-137871, DECEMBER 29, 1958, 38 COMP. GEN. 453

B-137871, DECEMBER 29, 1958, 38 COMP. GEN. 453

MILITARY PERSONNEL - TRANSPORTATION OF DEPENDENTS - DEBARMENT FROM STATION - TRAVEL FROM OTHER THAN DESIGNATED LOCATION TRANSPORTATION OF A DEPENDENT OF A MEMBER OF THE UNIFORMED SERVICES TO THE MEMBER'S OVERSEAS STATION FROM A PLACE TO WHICH THE DEPENDENT HAD GONE AT GOVERNMENT EXPENSE UNDER EARLIER CHANGE OF STATION ORDERS WITHIN THE UNITED STATES AND WHERE THE DEPENDENT REMAINED AFTER THE MEMBER WAS TRANSFERRED OVERSEAS WITHOUT CONCURRENT TRAVEL OF DEPENDENT BEING AUTHORIZED MAY BE REGARDED AS TRAVEL FROM A DESIGNATED LOCATION TO THE OVERSEAS STATION FOR REIMBURSEMENT OF THE FULL COST OF TRANSPORTATION AND THE LIMITATION IN PARAGRAPH 7058 OF THE JOINT TRAVEL REGULATIONS, WHICH PRECLUDES PAYMENT OF TRANSPORTATION IN EXCESS OF THE COST FROM THE OLD TO THE NEW STATION WHEN TRAVEL IS PERFORMED FROM A PLACE OTHER THAN THE MEMBER'S OLD STATION, IS NOT APPLICABLE TO TRANSFERS TO OVERSEAS AREAS.

TO F. M. WEIGEL II, DEPARTMENT OF THE NAVY, DECEMBER 29, 1958:

BY SECOND ENDORSEMENT DATED NOVEMBER 5, 1958, THERE WAS REFERRED TO US YOUR LETTER DATED JULY 11, 1958, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF NATHANIEL MACKLIN JOHNSON, SDC, 266 29 77, IN THE AMOUNT OF $135.60, REPRESENTING REIMBURSEMENT FOR TRAVEL OF THE MEMBER'S WIFE FROM BEAUMONT, TEXAS, TO SAN FRANCISCO, CALIFORNIA, EN ROUTE TO KWAJALEIN, MARIANAS ISLANDS. THE REQUEST FOR ADVANCE DECISION HAS BEEN APPROVED BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND HAS BEEN ASSIGNED CONTROL NO. 58- 12.

ON APRIL 1, 1957, THE HOME YARD OF THE U.S.S. TICONDEROGA (CVA-14), THE VESSEL ON WHICH THE MEMBER WAS SERVING, WAS CHANGED FROM PORTSMOUTH, VIRGINIA, TO SAN FRANCISCO, CALIFORNIA. ON THE BASIS OF THAT CHANGE, THE WIFE TRAVELED FROM PORTSMOUTH, VIRGINIA, TO BEAUMONT, TEXAS. BY ORDERS DATED JULY 24, 1957, HE WAS TRANSFERRED FROM THE VESSEL TO U.S. NAVAL STATION, KWAJALEIN. CONCURRENT TRAVEL OF HIS DEPENDENT TO THAT STATION NOT BEING AUTHORIZED, SHE CONTINUED TO RESIDE AT BEAUMONT, UNTIL MAY 26, 1958, WHEN SHE PROCEEDED TO THE OVERSEAS STATION.

YOUR QUESTION AS TO THE PROPRIETY OF PAYMENT FOR THE TRAVEL FROM BEAUMONT TO SAN FRANCISCO ARISES FROM THE FACT THAT THE WIFE DID NOT TRAVEL TO A DESIGNATED PLACE AND THENCE TO THE OVERSEAS STATION INCIDENT TO THE ORDERS OF JULY 24, 1957, BUT SIMPLY CONTINUED TO RESIDE AT THE POINT TO WHICH SHE HAD TRAVELED UNDER THE EARLIER ORDERS. IN THIS CONNECTION, YOU STATE THAT PARAGRAPH 7058 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN TRAVEL OF DEPENDENTS IS AUTHORIZED FROM A POINT OTHER THAN THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION, TRANSPORTATION AT GOVERNMENT EXPENSE MAY NOT EXCEED TRANSPORTATION FROM THE OLD STATION TO THE NEW.

PARAGRAPH 7008-3-1 OF THE JOINT TRAVEL REGULATIONS, CHANGE 42, DATED JANUARY 1, 1956, PROVIDES THAT WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION OUTSIDE THE UNITED STATES AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE PLACE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF THE CHANGE OF STATION ORDERS, NOT TO EXCEED THE COST FROM THE MEMBER'S OLD PERMANENT STATION, TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE, AND SUBSEQUENTLY FROM SUCH DESIGNATED PLACE TO THE MEMBER'S CURRENT DUTY STATION. THUS, WITH PARTICULAR REFERENCE TO THE SITUATION OF A MEMBER ORDERED TO AN OVERSEAS STATION TO WHICH HIS DEPENDENTS ARE NOT AUTHORIZED TO ACCOMPANY HIM, TRAVEL IS AUTHORIZED (1) FROM WHERE THE DEPENDENTS ARE THEN LOCATED (WHETHER AT THE OLD STATION OR SOME OTHER PLACE) TO A DESIGNATED PLACE IN THE UNITED STATES, AND (2) FROM THE DESIGNATED PLACE TO THE CURRENT STATION, WHETHER OVERSEAS OR NOT. THE INTENT OF THE REGULATIONS IS TO PERMIT THE DEPENDENTS TO RESIDE IN THE UNITED STATES AT A PLACE OF THE MEMBER'S SELECTION UNTIL THEY CAN REJOIN HIM AT A PERMANENT STATION. THE PRESENT CASE THE DEPENDENT DID NOT PERFORM AUTHORIZED TRAVEL TO A DESIGNATED PLACE BUT SIMPLY REMAINED WHERE SHE WAS LOCATED UNTIL TRAVEL TO THE NEW STATION COULD BE PERFORMED. IF SHE HAD TRAVELED TO ANY POINT IN THE UNITED STATES OTHER THAN BEAUMONT DESIGNATED BY THE MEMBER AT THE TIME OF HIS OVERSEAS ASSIGNMENT, NO QUESTION WOULD ARISE AS TO HER RIGHT TO SUBSEQUENT TRAVEL.

PROVISIONS SIMILAR TO THOSE CONTAINED IN PARAGRAPH 7008 APPEARED IN THE WARTIME ACTS OF JUNE 5, 1942; OCTOBER 14, 1942; AND NOVEMBER 28, 1943, WHICH AUTHORIZED THE TRANSPORTATION OF DEPENDENTS TO A DESIGNATED LOCATION IN CONNECTION WITH ASSIGNMENT OF MEMBERS TO RESTRICTED AREAS AND FROM SUCH DESIGNATED LOCATIONS UPON LATER ASSIGNMENTS TO UNRESTRICTED AREAS. UNDER THOSE STATUTES IT WAS RECOGNIZED THAT THE RIGHT TO TRANSPORTATION UPON TRANSFER TO AN UNRESTRICTED AREA WAS NOT DEPENDENT ON HAVING OBTAINED TRANSPORTATION TO THE DESIGNATED LOCATION UPON TRANSFER OF THE MEMBER TO THE RESTRICTED AREA. THE STATUTES WERE VIEWED AS AUTHORIZING TRANSPORTATION OF DEPENDENTS FROM THE PLACES WHERE THEY HAD BEEN LEFT OR SENT UPON ASSIGNMENT OF THE MEMBERS TO RESTRICTED AREAS TO THE DESIGNATED PLACE AT GOVERNMENT EXPENSE UNDER THOSE STATUTES. 24 COMP. GEN. 91; 24 COMP. GEN. 750; B-90939, JANUARY 25, 1950. SINCE THE REGULATIONS IN PARAGRAPH 7008-3 CONTAIN ESSENTIALLY THE SAME PROVISIONS AS THOSE WARTIME STATUTES, THEY SHOULD BE SIMILARLY CONSTRUED. IT IS NOTED THAT REGULATIONS CONTAINED IN PARAGRAPH 7008-3 DO NOT MAKE THE PRIOR APPROVAL OF THE SECRETARY CONCERNED NECESSARY AS A CONDITION OF TRANSPORTING DEPENDENTS AT GOVERNMENT EXPENSE TO A DESIGNATED PLACE IN THE UNITED STATES.

A DIFFERENT SITUATION EXISTS UNDER PARAGRAPH 7058, JOINT TRAVEL REGULATIONS, WHICH RELATE TO THE ORDINARY PERMANENT CHANGE OF STATION WHERE THE DEPENDENTS CAN, IF THEY SO DESIRE, TRAVEL IMMEDIATELY FROM THE OLD PERMANENT STATION TO THE NEW STATION BUT EXHAUST THE RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE BY TRAVEL TO SOME OTHER POINT. THAT PARAGRAPH PROVIDES THAT, WHERE DEPENDENTS TRAVEL FROM OTHER THAN THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FOR TRAVEL PERFORMED TO THE NEW PERMANENT STATION NOT TO EXCEED ENTITLEMENT FROM THE OLD TO THE NEW STATION. THAT RULE, HOWEVER, WAS APPLIED UNDER THE PERMANENT PROVISIONS OF LAW CONTAINED IN SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 37 U.S.C. 112, RELATING TO TRANSPORTATION OF DEPENDENTS UPON AN ORDINARY PERMANENT CHANGE OF STATION AND WAS NOT APPLICABLE WHERE THE WARTIME STATUTES MADE SPECIAL PROVISIONS FOR MEMBERS TRANSFERRED TO RESTRICTED AREAS. HENCE, PARAGRAPH 7058, WHICH EMBODIES THE FORMER RULE APPLICABLE UPON THE ORDINARY PERMANENT CHANGE OF STATION, IS NOT REGARDED AS APPLICABLE IN CIRCUMSTANCES COVERED BY PARAGRAPH 7008-3.

IN THE PRESENT CASE, SINCE BEAUMONT WAS, IN EFFECT, THE DESIGNATED LOCATION FOR THE DEPENDENTS, TRAVEL FROM THAT PLACE TO THE OVERSEAS STATION WAS AUTHORIZED. ACCORDINGLY, PAYMENT MAY BE MADE ON THE VOUCHER WHICH IS RETURNED HEREWITH TOGETHER WITH THE SUPPORTING PAPERS.