B-159972, OCT. 7, 1966

B-159972, OCT. 7, 1966

TO DR. WILLIAM S. PRUSIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13, 1966, CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR WIFE FROM TAMPA, FLORIDA, TO NEW YORK, NEW YORK, DURING THE PERIOD AUGUST 13 TO 16, 1963, INCIDENT TO LETTER ORDERS A-04-988 DATED APRIL 29, 1963.

THE ORDERS OF APRIL 29, 1963, ORDERED YOU TO ACTIVE DUTY AND ASSIGNED YOU TO THE U.S. ARMY OVERSEAS REPLACEMENT STATION, U.S. ARMY PERSONNEL CENTER, FORT DIX, NEW JERSEY, FOR FURTHER ASSIGNMENT TO USAREUR (GERMANY). TEMPORARY DUTY EN ROUTE FOR APPROXIMATELY 2 1/2 WEEKS AT THE STUDENT DETACHMENT, MFSS, BAMC, FORT SAM HOUSTON, TEXAS, WITH A REPORTING DATE OF JULY 5, 1963, WAS DIRECTED. THE ORDERS SHOW YOUR HOME OF RECORD AS 5029 DICKENS, TAMPA 9, FLORIDA; YOUR THEN CURRENT LOCATION AS 43 PARK VALE, ALLSTON 34, MASSACHUSETTS; AND APPARENTLY WERE RECEIVED BY YOU AT ALLSTON. YOUR WIFE'S RESIDENCE AT THAT TIME IS SHOWN TO HAVE BEEN IN WORCHESTER, MASSACHUSETTS.

YOUR ORDERS DID NOT AUTHORIZE CONCURRENT TRAVEL OF YOUR WIFE TO YOUR OVERSEAS DUTY STATION AND BECAUSE OF THE LENGTH OF TOUR OF DUTY HER TRAVEL TO YOUR DUTY STATION WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE. IN AUGUST 1963 SHE TRAVELED FROM TAMPA TO YOUR DUTY STATION VIA NEW YORK AT PERSONAL EXPENSE. BY SETTLEMENT DATED AUGUST 10, 1966, OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM ON THE BASIS OF PARAGRAPH M7000-12 OF THE JOINT TRAVEL REGULATIONS WHICH PROHIBITS REIMBURSEMENT FOR THE TRAVEL OF DEPENDENTS BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE. IT WAS STATED IN THE DISALLOWANCE THAT THE PURPOSE OF THE LAW AND REGULATIONS IS TO RELIEVE A MEMBER OF THE EXPENSE OF DEPENDENT TRAVEL MADE NECESSARY BY AN ORDER CHANGE OF STATION AND THAT THE TRAVEL OF YOUR WIFE TO GERMANY WAS PERFORMED WITH THE UNDERSTANDING THAT YOUR SHORT TERM OF ACTIVE DUTY WOULD GIVE HER THE STATUS OF AN UNAUTHORIZED DEPENDENT FOR ALLOWANCE PURPOSES. IN YOUR LETTER OF AUGUST 13, 1966, YOU EXPRESS THE BELIEF THAT IN THE CIRCUMSTANCES OF YOUR CASE YOU SHOULD BE REIMBURSED FOR THE TRAVEL OF YOUR WIFE FROM EITHER TAMPA, FLORIDA; ALLSTON, MASSACHUSETTS; OR WORCHESTER, MASSACHUSETTS, TO THE PORT OF EMBARKATION, NEW YORK.

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 Y,"THE PLACE TO WHICH ORDERS TO ACTIVE DUTY ARE ADDRESSED.'

WITH RESPECT TO CASES WHERE DEPENDENTS PROCEED TO AN OVERSEAS STATION AT PERSONAL EXPENSE WHEN THEIR TRAVEL AT GOVERNMENT EXPENSE IS NOT AUTHORIZED, PARAGRAPH 9-43C/1) (A), ARMY REGULATIONS 37-106, PROVIDED DURING THE PERIOD OF YOUR WIFE'S TRAVEL THAT WHEN TRAVEL IS PERFORMED TO A PLACE OUTSIDE THE UNITED STATES (NOT ALASKA, HAWAII, OR POSSESSION OF THE UNITED STATES) DESIGNATED BY THE MEMBER, TRANSPORTATION OF DEPENDENTS FOR ACTUAL PERFORMANCE OF TRAVEL IS AUTHORIZED FROM THE OLD PERMANENT STATION, OR FROM THE PLACE DEPENDENTS ARE LOCATED IN THE UNITED STATES UPON RECEIPT OF THE PERMANENT CHANGE OF STATION ORDERS BY THE MEMBER, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO THE POINT OF ACTUAL DEPARTURE (AERIAL OR WATER PORT) NORMALLY USED IN PROCEEDING TO THE PLACE OUTSIDE THE UNITED STATES. WE BELIEVE YOUR CASE MAY BE VIEWED AS BEING WITHIN THE SCOPE OF SUCH REGULATIONS.

YOUR ORDERS TO ACTIVE DUTY WERE ADDRESSED TO YOU AT 43 PARK VALE, ALLSTON, MASSACHUSETTS, AND ON THE BASIS OF THE PRESENT RECORD YOUR WIFE WAS RESIDING AT WORCHESTER, MASSACHUSETTS, WHEN YOU RECEIVED THE ORDERS. ACCORDINGLY, YOU ARE ENTITLED TO REIMBURSEMENT ON A MILEAGE BASIS FOR THE COST OF HER TRANSPORTATION FROM WORCHESTER, MASSACHUSETTS, TO NEW YORK, NEW YORK, NOT TO EXCEED THE COST FROM ALLSTON TO NEW YORK. A SETTLEMENT WILL ISSUE IN YOUR FAVOR IN DUE COURSE FOR THE AMOUNT FOUND DUE ON THIS BASIS.