B-148267, MARCH 15, 1962, 41 COMP. GEN. 595

B-148267, MARCH 15, 1962, 41 COMP. GEN. 595

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - AMENDMENT OR REVOCATION OF ORDERS TRAVEL BY A DEPENDENT OF A MEMBER OF THE UNIFORMED SERVICES ON PERMANENT CHANGE OF STATION ORDERS FROM THE PLACE WHERE SHE WAS RESIDING WHILE THE MEMBER WAS STATIONED OVERSEAS TO THE MEMBER'S NEW DUTY STATION IN THE UNITED STATES AND RETURN AFTER NOTICE ON ARRIVAL AT THE NEW STATION THAT THE MEMBER'S PERMANENT CHANGE OF STATION ORDERS HAD BEEN REVOKED MAY BE REGARDED AS TRAVEL UNDER PARAGRAPH 7051 OF THE JOINT REGULATIONS WHICH PROVIDES THAT WHEN, UNDER PERMANENT CHANGE OF STATION ORDERS, THE DEPENDENTS ARE TRAVELING OVER THE DIRECT ROUTE BETWEEN THE OLD AND NEW STATIONS AND NEW CHANGE OF STATION ORDERS ARE RECEIVED EN ROUTE ON OR AFTER THE EFFECTIVE DATE OF THE ORDERS, TRANSPORTATION AT GOVERNMENT EXPENSE IS AUTHORIZED, EVEN THOUGH THE REGULATION REFERS ONLY TO TRAVEL BETWEEN THE OLD AND THE NEW STATIONS; THEREFORE, THE MEMBER IS ENTITLED TO REIMBURSEMENT FOR HIS WIFE'S TRAVEL NOT TO EXCEED THE COST OF TRAVEL FROM THE POINT OF ENTITLEMENT TO THE NEW STATION AND RETURN.

TO LIEUTENANT COLONEL A. A. SAWYER, DEPARTMENT OF THE ARMY, MARCH 15, 1962:

THERE WAS RECEIVED BY SECOND ENDORSEMENT DATED FEBRUARY 26, 1962, YOUR LETTER OF OCTOBER 30, 1961, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER STATED IN FAVOR OF SERGEANT FIRST CLASS WILLIAM L. ORCHARD, RA 37 641 1062, IN THE SUM OF $82.08 AS REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENT (WIFE) FROM LEAVENWORTH, KANSAS, TO COLORADO SPRINGS, COLORADO, AND RETURN, DURING THE PERIOD OCTOBER 3 TO 10, 1961. THE REQUEST WAS ASSIGNED CONTROL NO. 62-3 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY PARAGRAPH 25, SPECIAL ORDERS NO. 227, DATED SEPTEMBER 16, 1961, THE MEMBER WAS RELEASED FROM ASSIGNMENT TO HEADQUARTERS SPECIAL TROOPS, EIGHTH UNITED STATES ARMY, APO 301, SAN FRANCISCO, CALIFORNIA, AND TRANSFERRED TO FORT CARSON, COLORADO, AS A PERMANENT CHANGE OF STATION. THE ORDERS DID NOT PROVIDE FOR TEMPORARY DUTY, LEAVE OR DELAY EN ROUTE. PURSUANT TO PORT CALL DATED SEPTEMBER 25, 1961, HE WAS DETACHED AND COMMENCED TRAVEL ON OCTOBER 2, 1961, ARRIVING AT TACHIKAWA AIR FORCE BASE, JAPAN, ON OCTOBER 5, 1961, AND RETURNED TO KOREA, ARRIVING OCTOBER 7, 1961, PURSUANT TO LETTER ORDER PC-10-17, DATED OCTOBER 6, 1961, CONFIRMING VERBAL ORDERS OF THE SAME DATE. UPON HIS ARRIVAL HE RECEIVED ORDERS (PARAGRAPH 20, SPECIAL ORDERS NO. 245, DATED OCTOBER 7, 1961) RESCINDING HIS ORDERS OF SEPTEMBER 16, 1961. ON THE BASIS, HOWEVER, OF THE ORDERS OF SEPTEMBER 16, 1961, HIS WIFE, THEN RESIDING IN LEAVENWORTH, KANSAS, TRAVELED TO COLORADO SPRINGS, COLORADO, DURING THE PERIOD OCTOBER 3 TO 5, 1961, FOR THE PURPOSE OF JOINING HER HUSBAND AT HIS NEW PERMANENT STATION. WHILE AT COLORADO SPRINGS SHE RECEIVED NOTIFICATION THROUGH THE AMERICAN RED CROSS OF THE REVOCATION OF THE MEMBER'S ORDERS, AND RETURNED TO LEAVENWORTH, DURING THE PERIOD OCTOBER 8 TO 10, 1961. YOU QUESTION WHETHER THE MEMBER MAY BE REIMBURSED FOR HIS WIFE'S TRAVEL FROM LEAVENWORTH, TO COLORADO SPRINGS AND RETURN SINCE THE TRAVEL APPARENTLY WAS PERFORMED IN GOOD FAITH BASED ON COMPETENT ORDERS, AND IF NOT, TO WHAT EXTENT REIMBURSEMENT IS AUTHORIZED.

PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE EFFECTIVE DATE OF ORDERS IS THE DATE OF THE MEMBER'S RELIEF (DETACHMENT) FROM THE OLD STATION EXCEPT IN CASES WHERE LEAVE, DELAY, ADDITIONAL TRAVEL TIME, OR TEMPORARY DUTY IS AUTHORIZED EN ROUTE TO THE NEW STATION. PARAGRAPH 7000 OF THE SAME REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN OTHER POINTS AUTHORIZED IN THE REGULATIONS. PARAGRAPH 7051 OF THE REGULATIONS PROVIDES THAT WHEN, UNDER PERMANENT CHANGE-OF-STATION ORDERS, THE DEPENDENTS ARE TRAVELING OVER THE DIRECT ROUTE BETWEEN THE OLD AND NEW STATIONS AND CHANGE-OF-STATION ORDERS ARE RECEIVED EN ROUTE ON OR AFTER THE EFFECTIVE DATE OF THE ORDERS, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE POINT WHERE THE MODIFIED ORDERS WERE RECEIVED TO THE ULTIMATE NEW STATION, IN ADDITION TO THAT FROM THE OLD PERMANENT STATION TO THE POINT WHERE THE MODIFIED ORDERS WERE RECEIVED. WHILE SUCH PROVISION REFERS ONLY TO TRAVEL BETWEEN THE OLD AND THE NEW STATIONS, ITS APPLICATION WOULD APPEAR TO HAVE BEEN EQUALLY INTENDED FOR DEPENDENTS' TRAVEL FROM POINTS OTHER THAN THE OLD DUTY STATION IN CIRCUMSTANCES WHERE THEIR TRAVEL IS AUTHORIZED AT GOVERNMENT EXPENSE FROM SUCH POINTS TO THE NEW STATION ON PERMANENT CHANGE OF STATION.

THE RECORD DOES NOT SHOW THE POINT IN THE UNITED STATES FROM WHICH THE MEMBER WOULD HAVE BEEN ENTITLED TO TRANSPORTATION FOR HIS DEPENDENT WIFE TO FORT CARSON AS FOR A PERMANENT CHANGE OF STATION ON THE EFFECTIVE DATE OF THE ORDERS OF SEPTEMBER 16, 1961. HOWEVER, SINCE HER TRAVEL TO THE NEW STATION WAS PERFORMED AFTER THE EFFECTIVE DATE OF CHANGE-OF-STATION ORDERS AND SINCE INFORMATION AS TO THE REVOCATION OF SUCH ORDERS COULD NOT HAVE BEEN COMMUNICATED TO HER UNTIL AFTER HER ARRIVAL AT COLORADO SPRINGS, THE MEMBER IS ENTITLED TO REIMBURSEMENT FOR HIS WIFE'S TRAVEL FROM LEAVENWORTH TO COLORADO SPRINGS AND RETURN, NOT TO EXCEED THAT FROM THE POINT FROM WHICH THE RIGHT TO TRANSPORTATION EXISTED (IF NOT AT LEAVENWORTH) TO COLORADO SPRINGS AND RETURN. COMPARE 33 COMP. GEN. 332.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT BEING AUTHORIZED ON THE BASIS INDICATED ABOVE.