B-155605, JAN. 19, 1965

B-155605, JAN. 19, 1965

TO CAPTAIN NORRIS E. LINEWEAVER:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 7, 1964, WITH ENCLOSURES, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 12, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM ATHENS, CANADA, TO ABILENE, TEXAS, NOT TO EXCEED AUGUSTA, GEORGIA, TO ABILENE, TEXAS.

BY MOVEMENT ORDER NO. 2, DATED SEPTEMBER 29, 1961, YOU WERE PLACED ON ACTIVE DUTY WITH YOUR RESERVE UNIT AT ABILENE, TEXAS, AND ORDERED TO PROCEED TO FORT GORDON, GEORGIA, TO ARRIVE NOT LATER THAN OCTOBER 27, 1961, AS A PERMANENT CHANGE OF STATION. YOUR DEPENDENTS (WIFE AND THREE CHILDREN) TRAVELED FROM ABILENE, TEXAS, TO AUGUSTA, GEORGIA, AT PUBLIC EXPENSE MAY 29 TO JUNE 1, 1962. BY JOINT MESSAGE DATED JUNE 8, 1962, YOU AND FIVE OTHER OFFICERS WERE DIRECTED TO PROCEED TO FRANKFURT, GERMANY, ON OR ABOUT JUNE 16, 1962, FOR TEMPORARY DUTY OF APPROXIMATELY 180 DAYS. PARAGRAPH 42, HEADQUARTERS FORT GORDON SPECIAL ORDERS NO. 153, DATED JULY 24, 1962, WHILE ON TEMPORARY DUTY OVERSEAS, YOU WERE ADVISED THAT YOU WOULD NOT BE RELEASED FROM ACTIVE DUTY WITH YOUR PARENT RESERVE UNIT AND THAT YOUR EXPECTED RETURN FROM TEMPORARY DUTY OVERSEAS WAS APPROXIMATELY DECEMBER 14, 1962. UPON YOUR RETURN FROM OVERSEAS YOU WERE RELEASED FROM ACTIVE DUTY AND RETURNED TO YOUR HOME, ABILENE, TEXAS, BY HEADQUARTERS FORT GORDON SPECIAL ORDERS NO. 272, DATED DECEMBER 19, 1962.

ON DECEMBER 29, 1962, YOU PRESENTED A CLAIM FOR TRAVEL OF YOUR DEPENDENTS FROM ATHENS, CANADA, TO ABILENE, TEXAS, JULY 25 TO 29, 1962, STATING THAT YOU HAD REQUESTED EXTENDED ACTIVE DUTY; THAT YOUR DEPENDENTS FOLLOWED YOU TO YOUR TEMPORARY OVERSEAS STATION AT PERSONAL EXPENSE; THAT UPON BEING ADVISED THAT YOUR REQUEST FOR EXTENDED ACTIVE DUTY HAD BEEN DENIED AND THAT YOU WOULD BE RELEASED FROM ACTIVE DUTY UPON RETURN FROM YOUR TEMPORARY ASSIGNMENT, YOUR DEPENDENTS RETURNED HOME IN ORDER THAT THE CHILDREN MIGHT RE-ENTER SCHOOL AND YOUR WIFE RESUME HER TEACHING PROFESSION AT HOME OF RECORD.

YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE TRAVEL PRECEDED ORDERS FOR YOUR RELEASE AND YOUR CLAIM WAS NOT SUPPORTED BY A CERTIFICATE FROM THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS THAT YOU WERE ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED AS REQUIRED BY PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS. YOU NOW CONTEND THAT AT THE TIME YOU RECEIVED THE JOINT MESSAGE OF JUNE 8, 1962, YOU WERE INFORMED YOU WOULD BE RELEASED FROM ACTIVE DUTY UPON YOUR RETURN FROM TEMPORARY DUTY OVERSEAS; THAT YOUR DEPENDENTS WERE AT AUGUSTA, GEORGIA, WHEN YOU RECEIVED SUCH NOTICE, AND THAT THE TRANSPORTATION OFFICER AT FORT GORDON MOVED YOUR HOUSEHOLD EFFECTS TO STORAGE FOR 180 DAYS ON THE BASIS OF SUCH INFORMATION. YOU HAVE FURNISHED A COPY OF A BILL OF LADING SHOWING THAT THE EFFECTS WERE MOVED TO STORAGE ON A GOVERNMENT BILL OF LADING, AND A CERTIFICATE DATED JULY 29, 1964, FROM THE COMMANDING OFFICER OF YOUR RESERVE UNIT AT ABILENE STATING THAT AT THE TIME YOU RECEIVED THE JOINT MESSAGE OF JUNE 8, 1964 (1962) PLACING YOU ON TEMPORARY DUTY OVERSEAS YOU WERE INFORMED THAT AFTER SUCH TOUR YOU WOULD RECEIVE ORDERS RELEASING YOU FROM ACTIVE DUTY. YOU HAVE RESTATED THE TRAVEL OF YOUR DEPENDENTS TO SHOW THAT IT WAS BETWEEN AUGUSTA AND ABILENE, JULY 25 TO 29, 1962; ALSO YOU STATE THAT THE OTHER OFFICERS NAMED IN THE TEMPORARY DUTY ORDERS HAVE RECEIVED REIMBURSEMENT FOR TRAVEL OF THEIR DEPENDENTS.

THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT UNDER SUCH REGULATIONS 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 OF DEPENDENTS OR TO REIMBURSEMENT THEREFOR. PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT PROVISION OF LAW AND IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES, HOWEVER, THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPART THE OLD STATION PRIOR TO ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE BY THE COMMANDING OFFICER OR HIS DESIGNATED REPRESENTATIVE OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. UNDER SUCH REGULATIONS, TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED UNTIL THE MEMBER HAS DEFINITE KNOWLEDGE OF AN IMPENDING PERMANENT CHANGE OF STATION. IT HAS BEEN THE RULE, THEREFORE, THAT THE REGULATIONS CAN BE APPLICABLE ONLY WHERE DEPARTURE OF DEPENDENTS IS DURING THE COMPARATIVELY SHORT PERIOD OF TIME WHICH MAY ELAPSE BETWEEN THE TIME OF AN ADMINISTRATIVE DETERMINATION TO ORDER A MEMBER TO MAKE A CHANGE OF STATION AND THE DATE ON WHICH ORDERS DIRECTING SUCH CHANGE ACTUALLY ARE ISSUED. MERE GENERAL INFORMATION AS TO THE TIME OF EVENTUAL RELEASE FROM ACTIVE DUTY WHICH NOT INFREQUENTLY IS CONTAINED IN THE ORDER TO ACTIVE DUTY ITSELF IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATION, 34 COMP. GEN. 241.

WHILE YOU HAVE FURNISHED A CERTIFICATE DATED JULY 29, 1964, INDICATING THAT YOU HAD KNOWLEDGE PRIOR TO THE TRAVEL OF YOUR DEPENDENTS THAT YOU WERE TO BE RELEASED AFTER COMPLETING YOUR TEMPORARY DUTY ASSIGNMENT, IT DOES NOT APPEAR THAT SUCH CERTIFICATE WAS ISSUED BY THE ORDER ISSUING AUTHORITY AT HEADQUARTERS FORT GORDON OR THAT THE OFFICER WHO ISSUED THE CERTIFICATE WAS THE DESIGNATED REPRESENTATIVE OF THE ORDER ISSUING AUTHORITY. FURTHER, SINCE YOUR CLAIM AS ORIGINALLY FILED SHOWED THAT YOUR DEPENDENTS WERE IN ATHENS, CANADA, ON JULY 25, 1962, (RETURNING FROM YOUR OVERSEAS STATION), THE RECORD DOES NOT ESTABLISH THAT THEIR EARLY RETURN RESULTED FROM THE ORDERS OF JULY 24, 1962, WHICH INDICATED YOU WOULD BE RELEASED FROM ACTIVE DUTY ON OR ABOUT DECEMBER 14, 1962, UPON TERMINATION OF TEMPORARY DUTY. THEREFORE, ON THE PRESENT RECORD, THE SETTLEMENT OF JUNE 12, 1964, MUST BE SUSTAINED.

HOWEVER, THE MATTER WILL BE GIVEN FURTHER CONSIDERATION IF YOU ARE ABLE TO FURNISH A CERTIFICATE FROM THE COMMANDING OFFICER OR HIS DESIGNATED REPRESENTATIVE AT HEADQUARTERS FORT GORDON THAT PRIOR TO THE TIME YOUR DEPENDENTS TRAVELED, SPECIFIC ADVICE WAS GIVEN YOU THAT ORDERS FOR YOUR RELEASE WOULD BE ISSUED AT A SPECIFIED TIME, OR EVIDENCE TO SHOW THAT THE CERTIFICATE OF JULY 29, 1964, WAS ISSUED BY THE DESIGNATED REPRESENTATIVE OF THE ORDER ISSUING AUTHORITY.

AS TO YOUR STATEMENT THAT THE OTHER OFFICERS NAMED IN THE JOINT MESSAGE OF JUNE 8, 1962, HAVE BEEN REIMBURSED FOR TRAVEL OF THEIR DEPENDENTS (PRESUMABLY FROM FORT GORDON TO THEIR HOMES), SUCH PAYMENTS WERE NOT MADE BY THIS OFFICE AND IF THE PAYMENTS WERE MADE AND WERE ERRONEOUS THEY WOULD NOT AFFORD A BASIS FOR PAYMENT OF YOUR CLAIM. THERE IS NOTHING IN THE PRESENT RECORD TO INDICATE, HOWEVER, THAT SUCH TRAVEL WAS NOT IN ACCORDANCE WITH THE APPLICABLE REGULATIONS. THE COPY OF THE ..END :