B-150820, MARCH 21, 1963, 42 COMP. GEN. 504

B-150820, MARCH 21, 1963, 42 COMP. GEN. 504

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - AMENDMENT OR REVOCATION OF ORDERS WHERE IN CONTEMPLATION OF THE DEACTIVATION OF AN AIR FORCE BASE AN OFFICER IS SELECTED FOR AN OVERSEAS ASSIGNMENT AT WHICH HE ELECTED TO SERVE UNACCOMPANIED BY HIS DEPENDENTS, BUT BEFORE THE OVERSEAS ORDERS WERE ISSUED HE WAS GIVEN A HUMANITARIAN ASSIGNMENT WITHIN THE UNITED STATES UNDER ORDERS ISSUED ABOUT THE SAME TIME THE OVERSEAS TRANSFER WOULD HAVE BEEN MADE, THE OFFICER IS ENTITLED TO REIMBURSEMENT FOR THE ADVANCE TRAVEL OF HIS DEPENDENTS AND TO A DISLOCATION ALLOWANCE INCIDENT TO HIS PERMANENT DUTY STATION TRANSFER WITHIN THE UNITED STATES ON THE BASIS OF AN ADMINISTRATIVE DETERMINATION THAT THE TRANSFER WAS FOR THE NEED OF THE SERVICE, AND THE ACCEPTANCE OF THE COMMANDING OFFICER'S CERTIFICATE SUBMITTED UNDER PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS THAT THE OFFICER WAS ADVISED PRIOR TO THE ISSUANCE OF THE OVERSEAS ASSIGNMENT ORDERS THAT THEY WOULD ISSUE AS APPLYING TO THE ADVANCE TRAVEL OF THE DEPENDENTS TO THE OFFICER'S NEW DUTY STATION IN THE UNITED STATES.

TO MAJOR T. C. GRABFELDER, JR., DEPARTMENT OF THE AIR FORCE, MARCH 21, 1963:

YOUR LETTER OF NOVEMBER 29, 1962, FORWARDED HERE BY LETTER OF FEBRUARY 11, 1963, FROM THE DIRECTORATE OF ACCOUNTING AND FINANCE, HEADQUARTERS, UNITED STATES AIR FORCE, REQUESTS AN ADVANCE DECISION AS TO THE PROPRIETY OF MAKING PAYMENT TO MAJOR WILLIAM N. GREMILLION, 37598A, UNITED STATES AIR FORCE, FOR DEPENDENTS' TRANSPORTATION AND DISLOCATION ALLOWANCE FOR THE TRAVEL OF HIS FAMILY FROM HARLINGEN, TEXAS, TO SAN ANTONIO, TEXAS, MAY 28 TO JUNE 28, 1962, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS OF JUNE 11, 1962. WE HAVE ASCERTAINED INFORMALLY THAT YOUR REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 63-2.

IN YOUR LETTER YOU STATE THAT MAJOR GREMILLION WAS REPORTED FOR REASSIGNMENT DUE TO THE DEACTIVATION OF HARLINGEN AIR FORCE BASE, TEXAS. BY LETTER OF APRIL 17, 1962, HE WAS NOTIFIED OF HIS SELECTION FOR AN OVERSEAS ASSIGNMENT. HIS COMMANDING OFFICER AT HARLINGEN AIR FORCE BASE HAS CERTIFIED THAT ON APRIL 17, 1962, MAJOR GREMILLION WAS NOTIFIED THAT ORDERS WOULD BE ISSUED, UPON RECEIPT OF A PORT CALL, FOR HIS ASSIGNMENT TO APO 140, SAN FRANCISCO, CALIFORNIA. THE PORT CALL WAS RECEIVED ON JUNE 30, 1962. WHILE THIS OFFICER'S DEPENDENTS WOULD HAVE BEEN PERMITTED TO JOIN HIM AT THE OVERSEAS STATION, BECAUSE OF THE REMOTE LOCATION HE ELECTED TO SERVE THE TOUR UNACCOMPANIED BY DEPENDENTS. MAJOR GREMILLION HAS STATED THAT, BECAUSE OF THE LACK OF MEDICAL AND SCHOOL FACILITIES AT THE OVERSEAS STATION, HE PLANNED TO HAVE HIS FAMILY STAY IN SAN ANTONIO, TEXAS, AND THAT EARLY IN MAY HE RENTED A HOUSE FOR THAT PURPOSE.

YOU STATE FURTHER THAT PRIOR TO ISSUANCE OF ORDERS ASSIGNING THE OFFICER OVERSEAS, HIS WIFE BECAME ILL AND HE BROUGHT HIS FAMILY TO SAN ANTONIO, TEXAS, PLACING HIS WIFE IN A HOSPITAL AND HIS SON WITH RELATIVES. THE OFFICER APPLIED FOR A 90-DAY DEFERMENT FROM HIS OVERSEAS ASSIGNMENT WHEN HIS WIFE BECAME ILL ON OR ABOUT MAY 12, 1962, AND LATER, AFTER HER IN SAN ANTONIO ON MAY 28, HE REQUESTED A HUMANITARIAN REASSIGNMENT TO RANDOLPH AIR FORCE BASE, TEXAS. BY SPECIAL ORDER AA-384 ISSUED JUNE 11, 1962, AT HARLINGEN AIR FORCE BASE, HE WAS ASSIGNED TO LACKLAND AIR FORCE BASE, TEXAS. ON JUNE 16, 1962, THE OFFICER ESTABLISHED A RESIDENCE IN SAN ANTONIO, TEXAS, WITH HIS SON AND ON JUNE 28, 1962, HIS WIFE JOINED HIM ALTHOUGH SHE APPARENTLY WAS STILL UNDER MEDICAL CARE.

YOU REQUEST AN ADVANCE DECISION BECAUSE OF DOUBT THAT THE OFFICER QUALIFIED FOR ENTITLEMENT TO DEPENDENT TRAVEL UNDER THE PROVISIONS OF PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS AND, IF QUALIFIED, YOU INQUIRE WHETHER OUR DECISION 34 COMP. GEN. 241 AFFECTS THE ENTITLEMENT DUE TO THE LAPSE OF TIME BETWEEN THE DATE THE OFFICER WAS NOTIFIED AND THE DATE THE PERMANENT CHANGE OF STATION ORDERS WERE ISSUED. IF ENTITLEMENT TO DEPENDENT TRAVEL DOES NOT EXIST, YOU ASK WHETHER THE OFFICER'S MOVE TO A RESIDENCE IN SAN ANTONIO AFTER PERMANENT CHANGE OF STATION ORDERS WERE ISSUED COMPLETED THE RELOCATION OF HIS HOUSEHOLD, EVEN THOUGH TRAVEL OF HIS DEPENDENTS WAS COMPLETED PRIOR TO THE ISSUANCE OF THE ORDERS.

PARAGRAPH 24, AIR FORCE MANUAL 35-11, WHICH SETS FORTH THE POLICY REGARDING REQUESTS FOR TRANSFERS FOR HUMANITARIAN REASONS, PROVIDES THAT THE DETERMINING FACTOR IN THE APPROVAL OF ANY REQUEST FOR SUCH A TRANSFER AT GOVERNMENT EXPENSE IS THE NEED OF THE SERVICE. BECAUSE OF THE DEACTIVATION OF HIS POST OF DUTY MAJOR GREMILLION APPARENTLY WOULD HAVE BEEN TRANSFERRED, IN ANY EVENT, FROM HARLINGEN AIR FORCE BASE. THEREFORE, SPECIAL ORDER AA-384, DATED JUNE 11, 1962, DIRECTING THE TRANSFER OF THE OFFICER TO LACKLAND AIR FORCE BASE, AS FOR A PERMANENT CHANGE OF STATION AND CITING AIR FORCE MANUAL 35-11 AS AUTHORITY, MAY BE CONSIDERED AS ISSUED ON THE BASIS OF AN ADMINISTRATIVE DETERMINATION THAT THE TRANSFER WAS FOR THE NEED OF THE SERVICE WITHIN THE PURVIEW OF PARAGRAPH 24, AIR FORCE MANUAL 35-11. CF. B-117577, DATED JUNE 16, 1955.

PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPARTED THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION UNLESS THE VOUCHER IS SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF THE CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. PARAGRAPH 9002-1, PROMULGATED PURSUANT TO 37 U.S.C. 407, PROVIDES THAT EXCEPT AS PROVIDED IN PARAGRAPH 9003, THE DISLOCATION ALLOWANCE IS PAYABLE WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH 9003-1, STATES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED UNDER CERTAIN CONDITIONS, INCLUDING THAT CONTEMPLATED BY PARAGRAPH 7000-9 OF THE REGULATIONS.

THE COMMANDING OFFICER'S CERTIFICATE SUBMITTED UNDER THE PROVISIONS OF PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS SHOWS THAT AN OFFICIAL DETERMINATION WAS MADE TO ORDER MAJOR GREMILLION TO MAKE A PERMANENT CHANGE OF STATION TO AN OVERSEAS DESTINATION AND THAT THE OFFICER WAS ADVISED THEREOF ON APRIL 17, 1962. SUCH ASSIGNMENT WAS NOT MADE BUT, INSTEAD, THE OFFICER WAS ORDERED TO MAKE A PERMANENT CHANGE OF STATION TO LACKLAND AIR FORCE BASE. THE CHANGE OF STATION APPARENTLY WAS ORDERED AT ABOUT THE SAME TIME THE OVERSEAS ASSIGNMENT WOULD HAVE BEEN MADE AND THE TRAVEL OF THE DEPENDENTS WAS THE SAME AS IT WOULD HAVE BEEN IF THAT ASSIGNMENT HAD BEEN COMPLETED. ACCORDINGLY, THE CERTIFICATE MAY BE ACCEPTED AS COMPLYING WITH THE REQUIREMENTS OF PARAGRAPH 7000-9. FURTHERMORE, IN VIEW OF THE CIRCUMSTANCES IN THE CASE, THE PERIOD BETWEEN THE DATE THE OFFICER WAS ADVISED OF HIS TRANSFER AND THE ISSUANCE OF ORDERS MAY BE CONSIDERED AS WITHIN THE PERIOD CONTEMPLATED IN 34 COMP. GEN. 241. THEREFORE, MAJOR GREMILLION IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS AND TO A DISLOCATION ALLOWANCE INCIDENT TO HIS TRANSFER TO LACKLAND AIR FORCE BASE.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER RETURNED HEREWITH IS AUTHORIZED, IF OTHERWISE CORRECT.