B-140409, SEP. 29, 1959

B-140409, SEP. 29, 1959

TO LIEUTENANT COLONEL H. M. THOMPSON, FC, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 29, 1959, WITH ENCLOSURES, FORWARDED BY 11TH ENDORSEMENT OF THE CHIEF OF FINANCE, DATED AUGUST 4, 1959, PDTATAC CONTROL NO. 59-34, IN WHICH YOU REQUEST AN ADVANCE DECISION WHETHER PAYMENT MAY BE MADE ON A VOUCHER STATED IN FAVOR OF MAJOR JOHN K. WISE, USAR, FOR DISLOCATION ALLOWANCE AND FOR A MONETARY ALLOWANCE FOR DEPENDENTS' TRANSPORTATION INCIDENT TO HIS ORDERS OF AUGUST 8, 1958.

BY THOSE ORDERS, MAJOR WISE WAS RELIEVED FROM HIS OVERSEAS ASSIGNMENT AND REASSIGNED TO 524TH REPLACEMENT COMPANY, APO 230, USAF, PARIS, FRANCE, FOR FURTHER ASSIGNMENT TO FORT SILL, OKLAHOMA. THIRTY DAYS DELAY CHARGEABLE AS LEAVE WAS AUTHORIZED THEREIN. A STAMPED INDORSEMENT PLACED ON THE ORDERS BY PERSONNEL CENTER, FORT HAMILTON, NEW YORK, SHOWS HE ARRIVED IN THE UNITED STATES ON SEPTEMBER 30, 1958, AND WAS DIRECTED TO REPORT TO FORT SILL, OKLAHOMA, UPON EXPIRATION OF AUTHORIZED LEAVE AND OFFICIAL TRAVEL TIME. MAJOR WISE WAS MARRIED AT WICHITA FALLS, TEXAS, ON NOVEMBER 1, 1958, AND TRAVELED WITH HIS WIFE BY PRIVATELY OWNED CAR FROM THERE TO FORT SILL, OKLAHOMA. YOUR QUESTION IS WHETHER MAJOR WISE WAS MARRIED ON OR BEFORE THE EFFECTIVE DATE OF THE ORDERS.

PARAGRAPH 7060-1, JOINT TRAVEL REGULATIONS, STATES THAT THE DETERMINING FACTOR WITH RESPECT TO ENTITLEMENT TO TRANSPORTATION OF A DEPENDENT WIFE AT GOVERNMENT EXPENSE WHEN THE DATE OF MARRIAGE IS FOR CONSIDERATION, IS WHETHER THE MARRIAGE WAS PRIOR OR SUBSEQUENT TO "THE EFFECTIVE DATE" OF AN ORDER DIRECTING A PERMANENT CHANGE OF STATION, AND SUBPARAGRAPH TWO STATES THAT WHERE LEAVE IS GRANTED IN CONNECTION WITH AN ORDERED CHANGE OF STATION, TRANSPORTATION IS AUTHORIZED IF THE MARRIAGE WAS BEFORE THE "EFFECTIVE DATE" OF ORDERS.

PARAGRAPH 3003-1B, IN EFFECT AT THE TIME, PROVIDED THAT "WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDER, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF ORDERS.' THIS OFFICE HAS CONSISTENTLY HELD IN A NUMBER OF DECISIONS THAT THE EFFECTIVE DATE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION IS THE DATE ON WHICH TRAVEL IS REQUIRED TO BE COMMENCED IN ORDER TO COMPLY WITH SUCH ORDERS.

PARAGRAPH 15 (F), ARMY REGULATIONS 630-5, PROVIDES THAT WHEN LEAVE (DELAY EN ROUTE) IS AUTHORIZED IN CONNECTION WITH TRAVEL FROM AN OVERSEA COMMAND ON PERMANENT CHANGE OF STATION (PCS) THE LEAVE WILL COMMENCE ON THE DATE OF OFFICIAL DEPARTURE FROM THE UNITED STATES PORT OF DEBARKATION, UNLESS LEAVE IN THE OVERSEA COMMAND PRIOR TO DEPARTURE IS SPECIFICALLY AUTHORIZED BY THE APPROPRIATE OVERSEA COMMANDER. SINCE THE MEMBER'S DATE OF OFFICIAL DEPARTURE WAS SEPTEMBER 30, 1958, HIS LEAVE EXPIRED ON OCTOBER 29, 1958. HENCE, UNDER THE EXPRESS TERMS OF HIS ORDERS, HE WAS REQUIRED TO COMMENCE TRAVEL ON OCTOBER 30, 1958, REGARDLESS OF THE MODE OF TRANSPORTATION UTILIZED. ON THAT DATE HE HAD NO DEPENDENT, AND NO RIGHT TO TRANSPORTATION OF DEPENDENT OR TO A DISLOCATION ALLOWANCE ACCRUED. CF. 32 COMP. GEN 543; SEE B-113556, B 117020, JANUARY 6, 1955, COPY ENCLOSED.

ACCORDINGLY, PAYMENT ON THE PRESENTED VOUCHER, WHICH WILL BE RETAINED HERE, IS NOT AUTHORIZED.