B-156867, JUL. 6, 1965

B-156867, JUL. 6, 1965

TO CAPTAIN ALAN R. BURES, USAF, MC:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 13, 1965, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 30, 1965, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS FROM SANTA BARBARA, CALIFORNIA, TO SAN ANTONIO, TEXAS, INCIDENT TO SPECIAL ORDERS A-3191 DATED MAY 13, 1963.

BY ORDERS OF MAY 13, 1963, FORWARDED TO YOUR TEMPORARY ADDRESS,912 N.E. 16TH, OKLAHOMA CITY 4, OKLAHOMA, YOU WERE ORDERED TO EXTENDED ACTIVE DUTY EFFECTIVE AUGUST 1, 1963, AT AEROSPACE MEDICAL DIVISION, AIR FORCE SYSTEMS COMMAND, BROOKS AIR FORCE BASE, TEXAS, WITH APPROXIMATELY 3 WEEKS TEMPORARY DUTY EN ROUTE AT THE MEDICAL SERVICE SCHOOL, GUNTER AIR FORCE BASE, ALABAMA, TO ATTEND CLASS 63-K, MEDICAL SERVICE OFFICER ORIENTATION COURSE. THE ORDERS DIRECTED YOU TO PROCEED FROM YOUR TEMPORARY ADDRESS TO YOUR TEMPORARY DUTY STATION ON THE EFFECTIVE DATE OF DUTY.

IN YOUR LETTER OF APRIL 22, 1965, IN RESPONSE TO AN INQUIRY FROM OUR OFFICE, YOU SAID THAT YOUR DEPENDENTS TRAVELED FROM SANTA BARBARA, CALIFORNIA, YOUR HOME OF RECORD, TO OKLAHOMA CITY, OKLAHOMA, ABOUT MAY 1962, AND THAT THEY RETURNED TO SANTA BARBARA BY WAY OF INDIANA ABOUT JUNE 25, 1963. YOU ALSO SAID THE REASONS FOR LEAVING OKLAHOMA CITY WERE PERSONAL. YOU WERE REIMBURSED BY THE AIR FORCE FOR THE TRANSPORTATION OF YOUR DEPENDENTS ON THE BASIS OF THE DISTANCE FROM OKLAHOMA CITY, OKLAHOMA, TO SAN ANTONIO, TEXAS, BUT YOU CONTEND THAT REIMBURSEMENT FOR THEIR TRANSPORTATION SHOULD BE ON THE BASIS OF THE DISTANCE FROM SANTA BARBARA, CALIFORNIA, TO SAN ANTONIO, TEXAS. THE SETTLEMENT OF APRIL 30, 1965, DISALLOWED YOUR CLAIM FOR THE REASON THAT NO ADDITIONAL REIMBURSEMENT IS AUTHORIZED SINCE THE RECORD INDICATES THAT THE TRAVEL OF YOUR DEPENDENTS FROM OKLAHOMA CITY TO SANTA BARBARA PRIOR TO PROCEEDING TO SAN ANTONIO ON SEPTEMBER 5, 1963, WAS FOR PERSONAL REASONS.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES THAT A MEMBER OF A UNIFORMED SERVICE WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS, TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN PLACE OF THAT TRANSPORTATION. PARAGRAPH M3003-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, DEFINES THE TERM "PERMANENT CHANGE OF STATION" TO INCLUDE THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION UPON CALL TO ACTIVE DUTY. PARAGRAPH M7000 OF THESE REGULATIONS CITES PARAGRAPH M3003-1 AND PROVIDES THAT, WITH CERTAIN EXCEPTIONS, 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. PARAGRAPH M7053 OF THE REGULATIONS PROVIDES THAT WHEN A MEMBER CALLED TO ACTIVE DUTY IS FIRST ASSIGNED TO A TEMPORARY DUTY STATION AND IS SUBSEQUENTLY ORDERED TO MAKE A PERMANENT CHANGE OF STATION, HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED TO THE PERMANENT STATION, PROVIDED THAT ENTITLEMENT WILL NOT EXCEED THAT FROM HIS HOME OF RECORD OR THE PLACE FROM WHICH HE IS ORDERED TO ACTIVE DUTY TO HIS FIRST PERMANENT STATION. PARAGRAPH M1150-11 OF THE REGULATIONS DEFINES THE TERM "PLACE FROM WHICH ORDERED TO ACTIVE DUTY" TO MEAN, IN THE CASE OF A RESERVIST WHO IS NOT ENLISTED, COMMISSIONED, OR APPOINTED FOR IMMEDIATE ACTIVE DUTY,"THE PLACE TO WHICH ORDERS TO ACTIVE DUTY ARE ADDRESSED.'

THESE REGULATIONS CONSISTENTLY HAVE BEEN INTERPRETED AS ENTITLING MEMBERS OF THE UNIFORMED SERVICES UPON ORDERS TO ACTIVE DUTY TO TRANSPORTATION OF THEIR DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE WHERE LOCATED NOT TO EXCEED THE COST FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY OR FROM HOME OF RECORD TO THE PERMANENT STATION. SEE ENCLOSED COPY OF DECISION OF AUGUST 6, 1959, B-139704, 39 COMP. GEN. 76. YOUR DEPENDENTS HAD BEEN LIVING IN OKLAHOMA CITY APPROXIMATELY ONE YEAR WHEN YOU RECEIVED THE ORDERS OF MAY 13, 1963, TO EXTENDED ACTIVE DUTY IN THE AIR FORCE. IT WAS NOT UNTIL AFTER YOU RECEIVED THOSE ORDERS THAT THEY RETURNED TO SANTA BARBARA BEFORE TRAVELING FROM THERE TO SAN ANTONIO. SINCE YOUR DEPENDENTS WERE LOCATED IN OKLAHOMA CITY WHERE YOUR ORDERS TO ACTIVE DUTY WERE RECEIVED, YOU WERE ENTITLED UNDER THE REGULATIONS TO THEIR TRANSPORTATION ONLY FROM THAT POINT TO SAN ANTONIO.

ACCORDINGLY, THE SETTLEMENT OF APRIL 30, 1965, WAS CORRECT AND MUST BE SUSTAINED.

YOUR INQUIRY AS TO WHY YOU WERE NOT FURNISHED A COPY OF THE JOINT TRAVEL REGULATIONS FOR GUIDANCE RELATES TO A PERSONNEL MATTER COMING UNDER THE AIR FORCE AND NOT THIS OFFICE AND SHOULD BE DIRECTED TO THE AIR FORCE. WHILE IT IS UNFORTUNATE THAT YOU WERE NOT AWARE OR MAY HAVE BEEN MISINFORMED AS TO YOUR ENTITLEMENT TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER THE JOINT TRAVEL REGULATIONS, OUR OFFICE MAY AUTHORIZE PAYMENT OF CLAIMS FROM PUBLIC FUNDS ONLY WHEN SUCH PAYMENT IS AUTHORIZED BY THE APPLICABLE LAW AND REGULATIONS.