B-170725, NOV 17, 1970, 50 COMP GEN 366

B-170725, NOV 17, 1970, 50 COMP GEN 366

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DEBARMENT FROM STATION - RESTRICTION REMOVED PRIOR TO MEMBER'S ARRIVAL AN AIR FORCE OFFICE WHOSE DEPENDENTS INCIDENT TO HIS PERMANENT CHANGE OF STATION FROM OVERSEAS TO A RESTRICTED AREA WITHIN THE UNITED STATES ARE MOVED TO A SELECTED HOME, UPON LEARNING WHEN HE ARRIVED AT THE RESTRICTED DUTY STATION THAT THE RESTRICTION HAD BEEN REMOVED PRIOR TO HIS TRANSFER, IS ENTITLED UNDER THE AUTHORITY OF PARAGRAPH M7005-4, ITEM 4, OF THE JOINT TRAVEL REGULATIONS TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE TRAVEL OF HIS DEPENDENTS FROM THE HOME SELECTED TO HIS NEW DUTY STATION ON THE BASIS THE OFFICER WAS ON DUTY AT THE NEW STATION WHEN THE RESTRICTION ON THE TRAVEL OF HIS DEPENDENTS WAS REMOVED. SIMILAR CLAIMS MADE BEFORE OR AFTER THIS DECISION MAY BE PAID.

TO CAPTAIN D. F. ADAMS, DEPARTMENT OF THE AIR FORCE, NOVEMBER 17, 1970:

WE REFER TO YOUR LETTER DATED JUNE 22, 1970, WITH ATTACHMENTS, FORWARDED HERE BY LETTER OF AUGUST 27, 1970, FROM THE DEPARTMENT OF DEFENSE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (CONTROL NO. 70-43), IN WHICH YOU REQUEST AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT TO MAJOR JOHN P. WILZ, USAF, OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR HIS DEPENDENTS' TRAVEL FROM EAU CLAIRE, WISCONSIN, TO DURAND, WISCONSIN, AND FROM DURAND TO KEESLER AIR FORCE BASE, MISSISSIPPI, IN DECEMBER 1969.

BY SPECIAL ORDER NO. AE-135, DATED OCTOBER 2, 1969, MAJOR WILZ WAS DIRECTED TO PROCEED ON OR ABOUT NOVEMBER 14, 1969, ON A PERMANENT CHANGE OF STATION FROM HIS OVERSEAS STATION TO 3413 INSTRUCTOR SQUADRON (AIR TRAINING COMMAND), KEESLER AIR FORCE BASE, MISSISSIPPI 39534. THE ORDERS STATED THAT THE GAINING DUTY STATION HAD BEEN DECLARED A RESTRICTED AREA BY AUTHORITY OF CHIEF OF STAFF MESSAGE 231226Z AUGUST 69, AND THAT THE OFFICER HAD ELECTED TO SHIP HOUSEHOLD GOODS AND MOVE DEPENDENTS TO 610 EAST PROSPECT, DURAND, WISCONSIN.

MAJOR WILZ AND HIS DEPENDENTS LEFT IZMIR, TURKEY, ON NOVEMBER 24, 1969, TRAVELING TOGETHER TO WASHINGTON, D.C., FROM WHERE HIS DEPENDENTS PROCEEDED TO EAU CLAIRE AND THEN TO DURAND, WISCONSIN (ARRIVING THERE ON DECEMBER 1, 1969). MAJOR WILZ TRAVELED TO KEESLER AIR FORCE BASE WHERE, UPON ARRIVAL, HE SAYS HE LEARNED THAT IT WAS NO LONGER A RESTRICTED DUTY STATION.

ON DECEMBER 9, 1969, MAJOR WILZ WAS ISSUED ORDERS BY THE COMMANDER, KEESLER AIR FORCE BASE (SPECIAL ORDER TA-3913) AUTHORIZING HIS DEPENDENTS TO PROCEED FROM DURAND, WISCONSIN, TO THAT BASE. HE SAYS HE THEN DROVE TO WISCONSIN IN A LEAVE STATUS AND BROUGHT HIS DEPENDENTS TO HIS STATION. THIS TRAVEL WAS COMPLETED ON DECEMBER 29, 1969.

CHIEF OF STAFF, AIR FORCE MESSAGE 231226Z AUGUST 1969, ANNOUNCED THAT KEESLER AIR FORCE BASE HAD BEEN DECLARED A RESTRICTED DUTY STATION. PROVIDED THAT UNTIL FURTHER NOTICE, TRAVEL OF DEPENDENTS AND SHIPMENT OR STORAGE OF PERSONAL PROPERTY WOULD BE GOVERNED BY THE PROVISIONS OF PARAGRAPH M7104 AND M8304 OF THE JOINT TRAVEL REGULATIONS. CHIEF OF STAFF, AIR FORCE MESSAGE 062232Z NOVEMBER 6, 1969, ANNOUNCED THE TERMINATION OF THE RESTRICTION ON TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS TO THAT BASE.

MAJOR WILZ HAS SAID THAT HE WAS NOT INFORMED OF THE REMOVAL OF THE RESTRICTED STATUS OF KEESLER AIR FORCE BASE PRIOR TO HIS DEPARTURE FROM TURKEY. MESSAGE 100750Z MARCH 1970, HEADQUARTERS 1141ST SPECIAL ACTIVITIES SQUADRON, CONFIRMS THE MEMBER'S STATEMENT AND INDICATES THAT THE MESSAGE TERMINATING THE RESTRICTION HAD NOT BEEN RECEIVED PRIOR TO HIS DEPARTURE FROM HIS OVERSEAS STATION.

MAJOR WILZ CONTENDS THAT HIS CLAIM FOR DEPENDENTS' TRAVEL SHOULD BE PAID, AS HE COMPLIED WITH HIS ORDERS, WHICH PRECLUDED THEIR TRAVEL TO HIS NEW PERMANENT DUTY STATION, PERMITTING TRAVEL TO A DESIGNATED PLACE, AND HE WAS NOT NOTIFIED OF REMOVAL OF THE RESTRICTION PRIOR TO THE TRAVEL.

YOU SAY THAT NO SPECIFIC AUTHORITY CAN BE FOUND WITHIN THE JOINT TRAVEL REGULATIONS AUTHORIZING ENTITLEMENT TO TRAVEL TO AN ALTERNATE DESIGNATION WHEN THE REASON FOR ORIGINALLY PROVIDING SUCH AUTHORITY WAS RESCINDED PRIOR TO THE MEMBER'S DEPARTURE.

SPECIFICALLY, YOU WISH TO KNOW:

A. IS THIS VOUCHER PROPER FOR PAYMENT? AND

B. SINCE THIS WILL BE A RECURRING SITUATION, WOULD FUTURE SIMILAR CLAIMS ALSO BE PROPER FOR PAYMENT?

C. WOULD PAYMENT BE PROPER FOR SIMILAR TRAVEL PERFORMED TO ALTERNATE DESTINATIONS PRIOR TO YOUR DECISION?

PURSUANT TO 37 U.S.C. 406, PARAGRAPH M7005 OF THE JOINT TRAVEL REGULATIONS, AS HEREIN PERTINENT, PROVIDES THAT WHEN A MEMBER IS TRANSFERRED BY PERMANENT CHANGE-OF-STATION ORDERS TO A RESTRICTED AREA, AND THE OLD DUTY STATION IS LOCATED OUTSIDE THE UNITED STATES AND HIS DEPENDENTS ARE LOCATED OUTSIDE THE UNITED STATES, HE WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS TO ANY PLACE IN THE UNITED STATES THAT THE MEMBER MAY DESIGNATE.

PARAGRAPH M7005 PROVIDES, IN ADDITION:

4 SUBSEQUENT ENTITLEMENT. WHEN A MEMBER IS:

4. ON PERMANENT DUTY IN A RESTRICTED AREA ON THE DATE THE RESTRICTION AGAINST TRAVEL OF DEPENDENTS TO THE MEMBER'S PERMANENT DUTY STATION IS REMOVED; HE WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM THE PLACE HIS DEPENDENTS ARE LOCATED ON *** THE DATE OF CHANGE OF CONDITION IN ITEM *** 4, *** TO THE CURRENT DUTY STATION OF THE MEMBER *** .

PARAGRAPH M1150-17 OF THE REGULATIONS DEFINES A "RESTRICTED AREA" AS "ANY AREA INTO WHICH THE ENTRY OF DEPENDENTS HAS BEEN PROHIBITED, TEMPORARILY OR PERMANENTLY, BY ORDER OF COMPETENT AUTHORITY."

WHEN MAJOR WILZ' ORDERS DIRECTING HIS PERMANENT CHANGE OF STATION TO KEESLER AIR FORCE BASE WERE ISSUED, IT WAS A RESTRICTED FACILITY. ON THE BASIS OF THESE ORDERS, HIS DEPENDENTS WERE TRANSPORTED FROM IZMIR, TURKEY, AN UNRESTRICTED AREA, TO 610 EAST PROSPECT, DURAND, WISCONSIN, THEIR DESIGNATED PLACE OF RESIDENCE. IN OUR OPINION, THE CHANGED STATUS OF THE BASE, EFFECTIVE PRIOR TO COMMENCEMENT OF TRAVEL, WHICH WAS UNKNOWN TO THE ORDER-ISSUING AUTHORITY OR TO MAJOR WILZ, DID NOT SERVE, INSOFAR AS MAJOR WILZ WAS CONCERNED, TO REMOVE THE RESTRICTION INDICATED IN HIS ORDERS ON THE TRAVEL OF HIS DEPENDENTS TO THAT BASE. AS FAR AS HE IS CONCERNED, THE RESTRICTION MAY BE VIEWED AS HAVING REMAINED IN EFFECT UNTIL HE ARRIVED AT KEESLER AIR FORCE BASE, WHEN HE WAS INFORMED THAT IT WAS NO LONGER A RESTRICTED STATION.

THEREFORE, IT MAY BE CONSIDERED THAT MAJOR WILZ WAS ON DUTY AT KEESLER AIR FORCE BASE WHEN THE RESTRICTION ON THE TRAVEL OF HIS DEPENDENTS TO THAT BASE WAS REMOVED. SINCE HIS DEPENDENTS TRAVELED TO DURAND AT THE SAME TIME HE TRAVELED TO HIS NEW DUTY SITTION, IT IS CONCLUDED THAT HE IS ENTITLED TO A MONETARY ALLOWANCE FOR THEIR TRAVEL FROM DURAND TO HIS NEW DUTY STATION UNDER AUTHORITY OF PARAGRAPH M7005 4, ITEM 4, OF THE REGULATIONS.

IN ADDITION TO ALLOWANCES FOR TRANSPORTATION FROM DURAND, WISCONSIN, TO KEESLER AIR FORCE BASE, MISSISSIPPI, THE ENCLOSED VOUCHER FOR $176.85 INCLUDES A MONETARY ALLOWANCE OF $4.35 FOR TRAVEL FROM EAU CLAIRE, WISCONSIN, TO DURAND, WISCONSIN. THIS AMOUNT WAS NOT PAID ON THE INITIAL CLAIM FOR TRANSPORTATION ALLOWANCES FROM IZMIR, TURKEY, TO EAU CLAIRE AND DURAND, WISCONSIN, AS THIS DISTANCE EXCEEDED THAT FROM IZMIR, TURKEY, TO KEESLER AIR FORCE BASE.

TRAVEL FROM IZMIR, TURKEY, TO DURAND, WISCONSIN, HAVING BEEN PERFORMED IN ACCORDANCE WITH PARAGRAPH M7005, THE MEMBER IS ENTITLED TO AN ALLOWANCE BASED ON THE DISTANCE BETWEEN THESE LOCATIONS (LESS THE TRAVEL TO EAU CLAIRE OBTAINED WITH TRANSPORTATION REQUESTS), NOT SUBJECT TO THE LIMITATION OF THE DISTANCE FROM IZMIR, TURKEY, TO KEESLER AIR FORCE BASE.

THEREFORE, PAYMENT OF THE VOUCHER SUBMITTED, WHICH IS ENCLOSED, IS AUTHORIZED IF OTHERWISE CORRECT. WE WOULD NOT BE REQUIRED TO OBJECT TO THE PAYMENT OF SIMILAR CLAIMS BASED ON TRAVEL PERFORMED BEFORE OR AFTER THIS DECISION FOR TRAVEL OF THE MEMBER'S DEPENDENTS EN ROUTE TO A DESIGNATED PLACE WHICH HAD BEEN COMPLETED BEFORE THE MEMBER OR THE ORDER- ISSUING AUTHORITY RECEIVED ANY INFORMATION THAT THE RESTRICTION ON TRAVEL OF DEPENDENTS TO THE NEW DUTY STATION HAD BEEN REMOVED.