B-150015, OCT. 19, 1962

B-150015, OCT. 19, 1962

TO MASTER SERGEANT LEONARD H. WHITE, USAR:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21, 1962, REQUESTING RECONSIDERATION OF SETTLEMENT DATED SEPTEMBER 5, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM OKLAHOMA CITY, OKLAHOMA, TO KILLEEN, TEXAS, ON JUNE 15 AND 16, 1962.

AS A MEMBER OF THE UNITED STATES ARMY RESERVE ASSIGNED TO THE 44TH EVACUATION HOSPITAL (SEMIMOBILE), OKLAHOMA CITY, OKLAHOMA, YOU WERE ORDERED INTO ACTIVE MILITARY SERVICE EFFECTIVE OCTOBER 15, 1961, AND BY LETTER ORDERS NUMBER 10-32 OF HEADQUARTERS, 19TH UNITED STATES ARMY CORPS, FORT CHAFFEE, ARKANSAS, DATED OCTOBER 16, 1961, YOU WERE DIRECTED TO REPORT AT FORT HOOD, TEXAS, ON OCTOBER 25, 1961. BY MOVEMENT ORDERS NUMBER 6-3 DATED JUNE 1, 1962, AS AMENDED, ISSUED BY HEADQUARTERS FORT HOOD, FORT HOOD, TEXAS, YOUR UNIT WAS DIRECTED TO PROCEED FROM FORT HOOD ON AUGUST 7, 1962, TO THE HOME STATION AT OKLAHOMA CITY, OKLAHOMA, FOR RELEASE FROM ACTIVE DUTY EFFECTIVE AUGUST 9, 1962. INCLOSURE 3 TO THE ORDERS OF JUNE 1, 1962, AUTHORIZED YOU TO PERFORM THE DIRECTED TRAVEL BY PRIVATELY OWNED AUTOMOBILE.

THE RECORD SHOWS THAT ON JUNE 15 AND 16, 1962, MORE THAN TWO WEEKS AFTER ISSUANCE OF THE ORDERS DIRECTING YOUR RELEASE FROM ACTIVE DUTY, YOUR WIFE PROCEEDED FROM YOUR HOME IN OKLAHOMA CITY, WHICH YOU CONTINUED TO MAINTAIN, AND JOINED YOU AT KILLEEN, TEXAS, WHERE AN APARTMENT WAS RENTED FOR THE SPECIFIED REMAINDER OF YOUR TOUR OF ACTIVE DUTY. YOUR SUBSEQUENT CLAIM FOR REIMBURSEMENT FOR HER RETURN TRAVEL TO OKLAHOMA CITY ON AUGUST 7 AND 8, 1962, WAS DISALLOWED BY SETTLEMENT DATED SEPTEMBER 21, 1962. YOU STATE THAT YOU FEEL THAT YOU ARE ENTITLED TO ALLOWANCES FOR YOUR WIFE'S TRAVEL FOR THE REASON THAT SHE COULD NOT MOVE TO KILLEEN PRIOR TO JUNE 15, 1962, SINCE YOU DID NOT DEEM IT ADVISABLE TO HAVE YOUR DAUGHTER MAKE A CHANGE IN HIGH SCHOOLS DURING HER SENIOR YEAR. IN THIS CONNECTION IT IS NOTED THAT INASMUCH AS YOU MADE CLAIM FOR ONLY YOUR WIFE'S TRAVEL, IT IS ASSUMED THAT YOUR DAUGHTER CONTINUED TO RESIDE AT YOUR HOME IN OKLAHOMA CITY.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253/C), PROVIDES THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. PARAGRAPH 7000-13, JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO OTHERWISE AUTHORIZED TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR ANY TRAVEL TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE, AND THAT TRAVEL EXPENSES OF DEPENDENTS FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. THUS, A RIGHT TO TRANSPORTATION OF DEPENDENTS AT THE EXPENSE OF THE GOVERNMENT IS NOT AN ALLOWANCE PAYABLE IN ALL EVENTS ON THE BASIS THAT SOME TRAVEL WAS PERFORMED. EVEN THOUGH TRAVEL IS PERFORMED AND THE DEPENDENTS STAY WITH THE MEMBER FOR A LIMITED PERIOD, NO RIGHT TO REIMBURSEMENT BY THE GOVERNMENT ARISES UNLESS THE TRAVEL MAY BE CONSIDERED AS INCIDENT TO A CHANGE OR RESIDENCE RESULTING FROM AN ORDERED PERMANENT CHANGE OF STATION FOR THE MEMBER IN THE SERVICE. IT CONSISTENTLY HAS BEEN HELD (33 COMP. GEN. 431 AND CASES THERE CITED) THAT THE EXPENSE OF TRAVEL OF DEPENDENTS MERELY FOR THE PURPOSE OF VISITING THE MEMBER, FOR PLEASURE TRIPS, OR FOR OTHER PURPOSES NOT CONTEMPLATING A CHANGE OF THE DEPENDENTS' PRIMARY RESIDENCE IN CONNECTION WITH A CHANGE OF THE MEMBER'S PERMANENT STATION IS NOT AN OBLIGATION OF THE GOVERNMENT.

SINCE YOU WERE IN RECEIPT OF ORDERS DIRECTING YOUR RETURN TO OKLAHOMA CITY AND RELEASE FROM ACTIVE DUTY AT THE TIME OF YOUR WIFE'S DEPARTURE FROM YOUR HOME AND PERMANENT RESIDENCE IN OKLAHOMA CITY, TO WHICH RESIDENCE YOU RETURNED UPON SEPARATION, YOUR WIFE'S TRAVEL FROM OKLAHOMA CITY TO KILLEEN AND RETURN MUST BE REGARDED AS TRAVEL OTHER THAN FOR THE PURPOSE OF CHANGING HER RESIDENCE WITHIN THE CONTEMPLATION OF THE ABOVE- CITED PROVISIONS OF LAW AND REGULATIONS. THE FACT THAT PERSONAL CIRCUMSTANCES MAY HAVE PREVENTED YOUR WIFE FROM JOINING YOU AT YOUR DUTY STATION AT AN EARLIER DATE DOES NOT AFFECT THE APPLICATION OF THOSE PROVISIONS TO HER TRAVEL WHEN ACTUALLY PERFORMED; NEITHER DOES THE FACT THAT ARMY PERSONNEL MAY HAVE LED YOU TO BELIEVE THAT YOU COULD BE REIMBURSED FOR SUCH TRAVEL PERMIT US TO DISREGARD THE APPLICABLE LAW AND REGULATIONS. HENCE, NO REIMBURSEMENT FOR SUCH TRAVEL IS AUTHORIZED AND THE SETTLEMENTS DISALLOWING YOUR CLAIMS ARE SUSTAINED.

REGARDING YOUR STATEMENT THAT TO YOUR KNOWLEDGE ONE OFFICER WAS PAID TRAVEL EXPENSES FOR HIS FAMILY AFTER JUNE 1, 1962, YOU ARE ADVISED THAT THE FACT THAT SOME OTHER MEMBERS OF YOUR UNIT MAY HAVE RECEIVED REIMBURSEMENT FOR THEIR DEPENDENTS' TRAVEL AFTER ISSUANCE OF THE ORDERS DATED JUNE 1, 1962, CONSTITUTES NO BASIS FOR SUCH A PAYMENT TO YOU. IF, IN THE AUDIT OF SUCH PAYMENTS THEY ARE FOUND TO HAVE BEEN ERRONEOUS, APPROPRIATE ACTION WILL BE TAKEN TO RECOVER THE AMOUNTS ..END :