B-138600, MAR 3, 1959

B-138600, MAR 3, 1959

PRECIS-UNAVAILABLE

MAJOR E. GLICKMAN, USAF:

BY LETTER DATED JANUARY 30, 1959, THERE WAS REFERRED TO US YOUR LETTER OF JUNE 25, 1958, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF TECHNICAL SERGEANT ROMAN J. LEWANDOWSKI, AF 1627 5081, COVERING REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS (WIFE AND 3 CHILDREN) FROM HOUSTON, TEXAS, TO SAN FRANCISCO, CALIFORNIA, DURING THE PERIOD JUNE 1957 TO MARCH 14, 1958. THE REQUEST FOR ADVANCE DECISION HAS BEEN ASSIGNED CONTROL NO. 59-2 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY PARAGRAPH 26, SPECIAL ORDERS NO. 72, DATED APRIL 12, 1957, THE ENLISTED MAN WAS TRANSFERRED FROM ELLINGTON AIR FORCE BASE, TEXAS, TO DUTY OVERSEAS. THE ORDERS SPECIFICALLY AUTHORIZED MOVEMENT OF HOUSEHOLD GOODS TO A DESIGNATED LOCATION, AND IT APPEARS THAT THE DEPENDENTS TRAVELED FROM ONE ADDRESS TO ANOTHER IN HOUSTON, TEXAS, FOR THE PURPOSE OF ESTABLISHING A RESIDENCE AT A DESIGNATED LOCATION. THEREAFTER, FOR VARIOUS PERSONAL REASONS, THEY MOVED FROM HOUSTON TO CHICAGO, ILLINOIS, AND THEN TO SAN BERNARDINO, CALIFORNIA. THEY WERE RESIDING IN SAN BERNARDINO WHEN, BY AUTHORIZATION FOR TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE, DATED JANUARY 7, 1958, ADDRESSED TO THEM AT CHICAGO, THEY WERE AUTHORIZED TO PROCEED UPON CALL OF THE ARMY TERMINAL COMMANDER TO A PORT FOR TRANSPORTATION TO THE OVERSEAS STATION. THEY TRAVELED FROM SAN BERNARDINO TO SAN FRANCISCO, CALIFORNIA, ON MARCH 14, 1958, UPON RECEIPT OF THAT CALL. YOUR QUESTION AS TO THE PROPRIETY OF PAYMENT FOR TRAVEL FROM THE DESIGNATED LOCATION TO THE PORT ARISES FROM THE FACT THAT THE DEPENDENTS DEPARTED THE DESIGNATED LOCATION PRIOR TO RECEIPT OF THE AUTHORIZATION TO TRAVEL TO A PORT AND WERE AT A LOCATION NEARER TO THE PORT WHEN THE AUTHORIZATION WAS RECEIVED.

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 SAME 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 THE MEMBER MAY DESIGNATE AND SUBSEQUENTLY FROM SUCH DESIGNATED PLACE TO THE MEMBER'S CURRENT DUTY STATION. THE INTENT OF THE REGULATION 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. THUS, THE DESIGNATED PLACE IS THE POINT FROM WHICH SUBSEQUENT TRAVEL TO THE MEMBER'S DUTY STATION MAY BE PERFORMED AT PUBLIC EXPENSE. HOWEVER, WHEN THE DEPENDENTS DO NOT REMAIN AT THAT PLACE BUT TRAVEL TO SOME OTHER LOCATION AND THENCE, UPON RECEIPT OF AUTHORIZATION, TRAVEL TO THE MEMBER'S OVERSEAS STATION, THE ENTITLEMENT IS FROM THE PLACE WHERE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF THE AUTHORIZATION TO THE NEW STATION NOT TO EXCEED FROM THE DESIGNATED LOCATION TO THE NEW STATION. THIS IS IN CONFORMITY WITH PARAGRAPH 7058 OF THE SAME REGULATIONS WHICH 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. IN NO CASE MAY REIMBURSEMENT BE FOR A GREATER DISTANCE THAN ACTUALLY TRAVELED INCIDENT TO AN ORDER OR AUTHORIZATION. ON THE OTHER HAND, THE FACT THAT DEPENDENTS TRAVEL A LESSER DISTANCE THAN THE MAXIMUM AUTHORIZED HAD THEY REMAINED AT THE DESIGNATED PLACE OR THE OLD STATION, DOES NOT DEFEAT ENTITLEMENT TO REIMBURSEMENT FOR THE DISTANCE ACTUALLY TRAVELED.

IN THE PRESENT CASE THE DEPENDENTS DID NOT REMAIN AT THE DESIGNATED PLACE BUT TRAVELED TO OTHER LOCATIONS, AND WERE AT SAN BERNARDINO, CALIFORNIA, WHEN THEY RECEIVED THE AUTHORIZATION TO TRAVEL TO THE MEMBER'S OVERSEAS STATION AT GOVERNMENT EXPENSE. IN THE CIRCUMSTANCES, REIMBURSEMENT IS AUTHORIZED FOR TRAVEL ACTUALLY PERFORMED FROM SAN BERNARDINO TO SAN FRANCISCO, CALIFORNIA, THE PORT OF EMBARKATION FOR THE OVERSEAS STATION, NOT TO EXCEED FROM HOUSTON, TEXAS, TO THAT PORT. THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED TO THE EXTENT INDICATED ABOVE.