B-153654, MARCH 25, 1964, 43 COMP. GEN. 621

B-153654, MARCH 25, 1964, 43 COMP. GEN. 621

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - AMENDMENT OR REVOCATION OF ORDERS A MILITARY OFFICER WHO ON THE BASIS OF AMENDED ORDERS AUTHORIZING THE CONCURRENT TRAVEL OF HIS DEPENDENTS TO HIS OVERSEAS STATION, ORIGINALLY DISAPPROVED, CLAIMS TRANSPORTATION ALLOWANCES FOR THE TRAVEL OF HIS DEPENDENTS TO AND FROM THE PERMANENT HOME SELECTED UPON DENIAL OF THE CONCURRENT TRAVEL, LESS REIMBURSEMENT MADE FOR THE TRAVEL FROM THE OLD STATION TO THE PORT OF EMBARKATION, IS NOT ENTITLED TO PAYMENT, THE ACT OF DECEMBER 23, 1963 (37 U.S.C. 406A), AUTHORIZING TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER ORDERS THAT ARE CANCELED, REVOKED, OR MODIFIED TO DIRECT THE MEMBER'S RETURN TO THE STATION FROM WHICH BEING TRANSFERRED, OR TO A DIFFERENT STATION, NOT BEING FOR APPLICATION, EVEN THOUGH THE ORIGINAL DISAPPROVAL OF THE CONCURRENT TRAVEL OF DEPENDENTS WAS WITHDRAWN, THE AMENDED ORDERS NOT HAVING DIRECTED THE MEMBER TO RETURN TO HIS OLD STATION, OR TO MAKE DIFFERENT CHANGE OF STATION.

TO LIEUTENANT COLONEL HERBERT C. SMALLWOOD, MARCH 25, 1964:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27, 1964, REQUESTING RECONSIDERATION ON THE BASIS OF PUBLIC LAW 88-238, APPROVED DECEMBER 23, 1963, OF SETTLEMENT DATED DECEMBER 29, 1960, WHICH DISALLOWED YOUR CLAIM FOR TRANSPORTATION ALLOWANCE FOR THE TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO CHILDREN) FROM FORT DIX, NEW JERSEY, TO BESSEMER, ALABAMA, AND FROM BESSEMER TO BROOKLYN, NEW YORK, LESS THE AMOUNT PAID FOR THE OFFICIAL DISTANCE FROM FORT DIX TO THE PORT OF EMBARKATION AT NEW YORK.

BY SPECIAL ORDERS NO. 73 DATED APRIL 13, 1960, YOU WERE RELEASED FROM YOUR ASSIGNMENT AT HEADQUARTERS, SECOND TRAINING REGIMENT, FORT DIX, NEW JERSEY, AND ASSIGNED TO THE OVERSEAS REPLACEMENT STATION, PERSONNEL CENTER, FORT DIX, NEW JERSEY, TO REPORT NOT LATER THAN AUGUST 26, 1960, FOR FURTHER ASSIGNMENT TO GERMANY, WITH 30 DAYS' LEAVE AUTHORIZED PRIOR TO REPORTING TO FORT DIX. YOU SAY THAT SINCE YOUR APPLICATION FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS DISAPPROVED, YOU DEPARTED FROM FORT DIX ON JULY 30, 1960, IN ORDER TO MOVE YOUR DEPENDENTS TO A PERMANENT HOME ADDRESS AT BESSEMER, ALABAMA. YOU ALSO SAY THAT ON AUGUST 10, 1960, WHILE YOU WERE AT BESSEMER YOU RECEIVED AUTHORIZATION DATED AUGUST 8, 1960, FOR THE CONCURRENT TRAVEL OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION, AND THAT PURSUANT TO TELEGRAM DATED AUGUST 23, 1960, ANNOUNCING YOUR PORT CALL, YOU AND YOUR DEPENDENTS REPORTED AT BOOKLYN, NEW YORK, FOR OVERSEAS TRANSPORTATION ON SEPTEMBER 17, 1960. THE SETTLEMENT DATED DECEMBER 29, 1960, DISALLOWED YOUR CLAIM FOR THE REASON THAT INASMUCH AS YOUR ORDERS WERE AMENDED PRIOR TO THEIR EFFECTIVE DATE TO AUTHORIZE CONCURRENT TRAVEL OF YOUR DEPENDENTS, YOU WERE ENTITLED ONLY TO THE TRANSPORTATION ALLOWANCE, AS PAID, FOR THE DISTANCE FROM FORT DIX TO THE PORT OF EMBARKATION AT NEW YORK.

SECTION 1 OF THE ACT OF DECEMBER 23, 1963, PUBLIC LAW 88-238, 77 STAT. 475, ON WHICH YOU BASE YOUR REQUEST FOR RECONSIDERATION OF YOUR CLAIM, PROVIDES:

* * * CHAPTER 7 OF TITLE 37, U.S.C. IS AMENDED AS FOLLOWS:

(1) THE FOLLOWING NEW SECTION IS INSERTED AFTER SECTION 406:

SEC. 406A. TRAVEL AND TRANSPORTATION ALLOWANCES: AUTHORIZED FOR

TRAVEL PERFORMED UNDER ORDERS THAT ARE CANCELED, REVOKED,

OR MODIFIED

"UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THIS TITLE, AND TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS UNDER SECTIONS 406 AND 409 OF THIS TITLE, IF OTHERWISE QUALIFIED, FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER---

"/1) CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED; OR

"/2)MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION.'

THE ACT PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRANSPORTATION ALLOWANCES FOR HIS DEPENDENTS WHEN TRAVEL IS PERFORMED BEFORE THE EFFECTIVE DATE OF THE ORDERS DIRECTING HIM TO MAKE A CHANGE OF STATION THAT ARE LATER CANCELED, REVOKED OR MODIFIED TO DIRECT HIM TO RETURN TO HIS STATION FROM WHICH HE WAS BEING TRANSFERRED, OR THE ORDERS ARE MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION. WHEN THE MEMBER'S ORDERS ARE NOT CANCELED, REVOKED OR MODIFIED TO DIRECT HIM TO RETURN TO HIS STATION OR MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION, THE MEMBER IS NOT ENTITLED UNDER THE PROVISIONS OF THIS ACT TO ADDITIONAL TRANSPORTATION ALLOWANCES FOR HIS DEPENDENTS EVEN THOUGH THE TRAVEL FOR WHICH REIMBURSEMENT IS CLAIMED WAS PERFORMED BECAUSE THE CONCURRENT TRAVEL OF THE DEPENDENTS WITH THE MEMBER TO HIS OVERSEAS STATION ORIGINALLY DISAPPROVED WAS LATER AUTHORIZED FOR THEM. THUS, UNDER THE ACT OF DECEMBER 23, 1963, NO RIGHT TO TRANSPORTATION ALLOWANCES ACCRUED TO YOU FOR THE TRAVEL OF YOUR DEPENDENTS FROM FORT DIX, NEW JERSEY, TO BESSEMER, ALABAMA, AND FROM THERE TO BROOKLYN, NEW YORK, WHERE THEY REPORTED FOR TRANSPORTATION TO YOUR OVERSEAS STATION.

ACCORDINGLY THE SETTLEMENT DATED DECEMBER 29, 1960, MUST BE AND IS SUSTAINED.