B-151317, JUN. 11, 1963

B-151317, JUN. 11, 1963

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER DATED APRIL 10, 1963, FROM THE UNDER SECRETARY OF THE NAVY, REQUESTING A DECISION AS TO WHETHER TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS MAY BE FURNISHED CORPORAL HENRY M. PLACKER, UNITED STATES MARINE CORPS, FROM CLEVELAND, TEXAS, TO QUANTICO, VIRGINIA, UNDER THE CONDITIONS PRESENTED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 63-8.

THE UNDER SECRETARY STATES THAT ON OCTOBER 26, 1962, CORPORAL PLACKER, WHILE STATIONED AT THE MARINE BARRACKS, NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, WAS VERBALLY INFORMED THAT PURSUANT TO MESSAGE AUTHORITY FROM THE COMMANDANT OF THE MARINE CORPS, RECEIVED OCTOBER 25, 1962, HE WAS BEING TRANSFERRED TO QUANTICO, VIRGINIA. THE MEMBER WAS INSTRUCTED TO BE READY FOR DEPARTURE THAT EVENING, AND WAS ADVISED BY THE EXECUTIVE OFFICER AT THE MARINE BARRACKS THAT IT WOULD BE IN HIS BEST INTERESTS TO SEND HIS DEPENDENTS HOME AND THAT THE RAPIDITY OF THE TRANSFER WAS ASSUMED TO BE DUE TO THE CUBAN SITUATION. LATER THAT DAY THE MEMBER RECEIVED PERMANENT CHANGE OF STATION ORDERS DATED OCTOBER 26, 1962, DIRECTING A TRANSFER FROM CORPUS CHRISTI, TEXAS, TO MARINE CORPS SCHOOLS, QUANTICO, VIRGINIA, FOR DUTY. THE MEMBER MOVED HIS DEPENDENTS TO CLEVELAND, TEXAS, AT HIS OWN EXPENSE AND HAD HIS HOUSEHOLD EFFECTS SHIPPED THERE AT GOVERNMENT EXPENSE. THE UNDER SECRETARY STATES THAT IN VIEW OF THE CIRCUMSTANCES INVOLVED, THE MEMBER DID NOT FORESEE THAT QUANTICO WAS TO BE HIS PERMANENT DUTY STATION AND THAT ALTHOUGH HE WAS PAID FOR HIS DEPENDENTS' TRAVEL TO CLEVELAND, AND HAD HIS EFFECTS SHIPPED THERE, HE HAS SUBMITTED A REQUEST FOR THE MOVEMENT OF HIS DEPENDENTS AND SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM CLEVELAND TO QUANTICO INCIDENT TO THE SAME ORDERS. THE VIEW IS EXPRESSED THAT THE MEMBER ACTED PRUDENTLY UNDER THE CIRCUMSTANCES IN THE CASE AND SHOULD NOT BE REQUIRED TO BEAR THE BURDEN OF COST OF MOVING HIS DEPENDENTS FROM CLEVELAND TO QUANTICO, EVEN THOUGH SUCH MOVEMENT DOES NOT APPEAR TO BE AUTHORIZED UNDER THE JOINT TRAVEL REGULATIONS. IN THE EVENT IT IS DETERMINED THAT NO AUTHORITY EXISTS FOR THE SECOND MOVE UNDER THE ORDERS OF OCTOBER 26, 1962, FURTHER DECISION IS REQUESTED WHETHER AN ADJUSTMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES MAY BE MADE WITH THE MAXIMUM GOVERNMENT LIABILITY BEING THAT WHICH WOULD HAVE OBTAINED HAD THE MEMBER SHIPPED HIS HOUSEHOLD GOODS AND TRANSPORTED HIS DEPENDENTS IN THE USUAL FASHION FROM CORPUS CHRISTI TO QUANTICO.

THE RECORD SHOWS THAT BY MARINE BARRACKS SPECIAL ORDER NO. 37-62, MARINE BARRACKS, UNITED STATES NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, DATED OCTOBER 26, 1962, THE MEMBER WAS DIRECTED ON A PERMANENT CHANGE OF STATION TO REPORT BY MIDNIGHT, OCTOBER 29, 1962 (BUT APPARENTLY WAS GIVEN AUTHORITY ORALLY TO DELAY REPORTING UNTIL NOVEMBER 1, 1962), TO THE COMMANDANT, MARINE CORPS SCHOOL, QUANTICO, VIRGINIA, FOR DUTY. TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS WAS AUTHORIZED. THE MEMBER REPORTED ON NOVEMBER 1, 1962, AND WAS ASSIGNED TO DUTY WITH THE MARINE CORPS LANDING FORCE DEVELOPMENT CENTER. HE WAS PAID TRANSPORTATION ALLOWANCE FOR THE TRAVEL OF HIS DEPENDENTS PERFORMED OCTOBER 26 TO 27, 1962, FROM CORPUS CHRISTI, TEXAS, TO CLEVELAND, TEXAS.

PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES, WITH EXCEPTIONS NOT HERE INVOLVED, 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 POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS. PARAGRAPH 7057 PROVIDES FOR ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS ON PERMANENT CHANGE OF STATION FROM THE OLD STATION TO OTHER THAN THE NEW STATION NOT TO EXCEED ENTITLEMENT FROM THE OLD TO THE NEW STATION. CONSEQUENTLY, ON THE PERMANENT CHANGE OF STATION DIRECTED BY THE ORDERS OF OCTOBER 26, 1962, CORPORAL FLACKER COULD ELECT TO SEND HIS DEPENDENTS TO QUANTICO OR TO ANY OTHER POINT NOT TO EXCEED ENTITLEMENT TO QUANTICO. SIMILAR LIMITATIONS ON THE SHIPMENT OF HOUSEHOLD EFFECTS ARE PROVIDED IN CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS. UNDER SUCH REGULATIONS THE MEMBER WAS ENTITLED TO HAVE HIS HOUSEHOLD EFFECTS SHIPPED BY THE GOVERNMENT TO A PLACE OTHER THAN THE NEW PERMANENT STATION AT HIS ELECTION AND HE COULD BE PAID FOR HIS DEPENDENTS' TRAVEL TO THAT PLACE, BUT UPON THE COMPLETION OF THE SHIPMENT OF THE EFFECTS AND RECEIPT OF PAYMENT FOR THE DEPENDENTS' TRAVEL HIS RIGHTS UNDER THE STATION CHANGE WERE EXHAUSTED. 38 COMP. GEN. 453. ALSO SEE B-150749, MAY 16, 1963.

CONSEQUENTLY, THERE COULD BE NO AUTHORITY UNDER THE ORDERS OF OCTOBER 26, 1962, FOR A FURTHER SHIPMENT OF HOUSEHOLD EFFECTS OR MOVEMENT OF DEPENDENTS FROM CLEVELAND TO QUANTICO. NOR MAY AN ADJUSTMENT OF THE TRAVEL AND TRANSPORTATION ALLOWANCES PROPERLY BE MADE ON THE BASIS OF HIS ENTITLEMENT HAD SHIPMENT AND TRAVEL BEEN FROM CORPUS CHRISTI TO QUANTICO RATHER THAN CLEVELAND SINCE THE MEMBER, ALTHOUGH PERHAPS ILL-ADVISEDLY, ELECTED TO SHIP HIS HOUSEHOLD EFFECTS AND MOVE HIS DEPENDENTS TO CLEVELAND UNDER THE ORDERS OF OCTOBER 26, 1962, ON THE BASIS OF AN INTENT TO ESTABLISH A BONA FIDE RESIDENCE THERE INCIDENT TO THE CHANGE OF STATION DIRECTED BY THOSE ORDERS.

THE QUESTIONS PRESENTED ARE ANSWERED ACCORDINGLY. HOWEVER, THE CIRCUMSTANCES OF THE CASE SUGGEST THE POSSIBILITY THAT THE MATTER MAY BE ONE FOR CONSIDERATION BY THE BOARD FOR CORRECTION OF NAVAL RECORDS UNDER 10 U.S.C. 1552.