B-175813, JUN 9, 1972

B-175813, JUN 9, 1972

MILITARY PERSONNEL - DEPENDENT TRAVEL - AUTHORIZED DELAY DENIAL OF CLAIM BY TECH/SGT. DOUGLAS C. REED FOR REIMBURSEMENT ON A MILEAGE BASIS OF EXPENSES INCURRED BY HIS DEPENDENTS INCIDENT TO TRAVEL PERFORMED BY THEM BY PRIVATELY-OWNED AUTOMOBILE FROM NOMA, FLA; TO TRAVIS AFB, CALIF; ENROUTE TO YOKOTA AFB, JAPAN. SINCE THE CHANGE OF STATION ORDERS STIPULATED THAT THE ANTICIPATED DELAY FOR MOVEMENT OF DEPENDENTS WOULD BE LESS THAN 20 WEEKS, CLAIMANT WAS ONLY ENTITLED TO MOVEMENT OF THE DEPENDENTS FROM THE OLD DUTY STATION, TRAVIS AFB, TO THE NEW STATION. PARAGRAPHS M7008-2A AND M7058, JTR. ALSO, PAYMENT COULD NOT BE ALLOWED SINCE THE DEPENDENTS HAD TRAVELED TO NOMA, FLA; AT PERSONAL EXPENSE. SEE PARAGRAPH M7005-1, JTR.

TO TECHNICAL SERGEANT DOUGLAS C. REED:

WE REFER TO YOUR CLAIM FOR REIMBURSEMENT ON A MILEAGE BASIS OF EXPENSES INCURRED BY YOUR DEPENDENTS (WIFE AND 6 MINOR CHILDREN) INCIDENT TO TRAVEL PERFORMED BY THEM BY PRIVATELY OWNED AUTOMOBILE FROM NOMA, FLORIDA, TO TRAVIS AIR FORCE BASE, CALIFORNIA, DURING THE PERIOD JUNE 11 TO 19, 1970, EN ROUTE TO YOKOTA AIR BASE, JAPAN.

THE RECORD SHOWS THAT ON JANUARY 21, 1969, WHILE YOU WERE STATIONED AT TRAVIS AIR FORCE BASE AND PRIOR TO THE DATE YOU RECEIVED AN ORDER TRANSFERRING YOU TO YOKOTA AIR BASE YOUR WIFE AND CHILDREN WHO THEN WERE RESIDING WITH YOU, DEPARTED FOR HER HOME IN NOMA, FLORIDA, BECAUSE OF HER MOTHER'S ILLNESS. THEREAFTER THEY DID NOT RETURN TO TRAVIS AIR FORCE BASE TO RESIDE WITH YOU. THE ORDER WHICH TRANSFERRED YOU TO YOKOTA AIR BASE WAS ISSUED ON MARCH 18, 1969, AND SPECIFIED THAT "ANTICIPATED DELAY FOR MOVEMENT OF DEPENDENTS IS LESS THAT (THAN) 20 WEEKS." PURSUANT THERETO YOU DEPARTED FROM TRAVIS AIR FORCE BASE ON JUNE 3, 1969, AND ARRIVED IN YOKOTA AIR BASE THE FOLLOWING DAY.

ON APRIL 9, 1970, AN ORDER WAS ISSUED AUTHORIZING THE TRAVEL OF YOUR DEPENDENTS FROM NOMA TO YOKOTA AIR BASE DURING THE MONTH OF JUNE 1970. SPECIFIED THAT TRAVEL AND TRANSPORTATION ALLOWANCES WOULD NOT EXCEED ENTITLEMENT FROM EGLIN AIR FORCE BASE, FLORIDA. IT ALSO STATED THAT THE ANTICIPATED DELAY IN MOVEMENT OF DEPENDENTS AS ORIGINALLY INDICATED WAS LESS THAN 20 WEEKS. ON THE BASIS OF THAT ORDER YOUR DEPENDENTS TRAVELED FROM NOMA TO TRAVIS AIR FORCE BASE BY PRIVATELY OWNED AUTOMOBILE DURING THE PERIOD JUNE 11 TO 19, 1970, AND FROM THE LATTER BASE TO YOKOTA AIR BASE BY A MILITARY AIRLIFT COMMAND FLIGHT WHICH ARRIVED ON JUNE 21, 1970. IN CONNECTION WITH THAT TRAVEL, YOU PRESENTED A CLAIM VOUCHER ON JUNE 22, 1970, TO THE LOCAL FINANCE AUTHORITIES. ON JUNE 24, 1970, PAYMENT WAS MADE TO YOU ONLY FOR THE DISLOCATION ALLOWANCE - NO PAYMENT BEING MADE AS REIMBURSEMENT FOR THE DEPENDENTS' TRAVEL FROM NOMA TO TRAVIS AIR FORCE BASE APPARENTLY BECAUSE OF THE PROVISIONS IN THE ORDERS OF MARCH 18, 1969, AND APRIL 9, 1970, RELATING TO THE LESS THAN 20 WEEKS' ANTICIPATED DELAY FOR MOVEMENT OF DEPENDENTS.

BASED ON YOUR BELIEF THAT THE ORDERS OF MARCH 18, 1969, AND APRIL 9, 1970, WERE IN ERROR AND, THEREFORE, DEPRIVED YOU FROM REIMBURSEMENT OF THE INVOLVED TRAVEL EXPENSES, YOU APPLIED TO THE AIR FORCE BOARD FOR THE CORRECTION OF MILITARY RECORDS FOR CORRECTIVE ACTION. IN SUPPORT OF YOUR APPLICATION YOU SUBMITTED CERTIFICATES FROM YOKOTA AIR BASE HOUSING PERSONNEL DATED SEPTEMBER 18 AND SEPTEMBER 22, 1970, RESPECTIVELY, CERTIFYING THAT YOU WERE REQUIRED TO WAIT MORE THAN 20 WEEKS FOR FAMILY HOUSING. BY LETTER DATED NOVEMBER 23, 1970, THE BOARD ADVISED YOU THAT IT HAD DETERMINED THAT THERE WAS NO PROBABLE ERROR OR INJUSTICE IN YOUR CASE.

OUR RECORDS ALSO SHOW THAT ON MARCH 29, 1971, YOU EXECUTED ANOTHER CLAIM VOUCHER FOR THE DEPENDENTS' TRAVEL FROM NOMA TO TRAVIS AIR FORCE BASE. A SUPPORTING STATEMENT OF THE SAME DATE YOU STATED THAT YOU APPLIED SIX TIMES FOR CONCURRENT TRAVEL BUT IN EACH INSTANCE THE APPLICATION WAS DENIED. YOU ALSO STATED THAT YOU DID NOT SEEK REIMBURSEMENT FOR THE MOVEMENT OF YOUR DEPENDENTS FROM TRAVIS AIR FORCE BASE TO NOMA BUT ONLY FOR THEIR MOVEMENT FROM NOMA TO TRAVIS AIR FORCE BASE UNDER THE AUTHORITY OF THE ORDER WHICH TRANSFERRED YOU TO YOKOTA AIR BASE. YOU EXPRESSED THE VIEW THAT SUCH ORDER WAS IN ERROR SINCE FAMILY HOUSING WAS NOT AVAILABLE WITHIN THE PERIOD STATED THEREIN. THE AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, ON APRIL 23, 1971, FORWARDED YOUR CLAIM TO THIS OFFICE FOR SETTLEMENT.

IN RESPONSE TO AN INQUIRY BY THE HONORABLE BOB SIKES, HOUSE OF REPRESENTATIVES, ON YOUR BEHALF CONCERNING YOUR CLAIM, WE ADVISED HIM BY LETTER DATED MAY 27, 1971, THAT FOR REASONS GIVEN PAYMENT OF YOUR CLAIM IS NOT AUTHORIZED. THE RECORD INDICATES THAT CONGRESSMAN SIKES HAS FURNISHED YOU WITH A COPY OF THAT LETTER.

ON APRIL 10, 1972, YOU WROTE TO CONGRESSMAN SIKES INFORMING HIM THAT YOUR CLAIM HAD BEEN TRANSMITTED TO THIS OFFICE ON APRIL 22, 1971, BUT NO WORD REGARDING THE ACTION TAKEN THEREON HAS BEEN RECEIVED. YOU ALSO FURNISHED HIM WITH COPIES OF DOCUMENTS WHICH YOU BELIEVE WOULD SUPPORT PAYMENT OF YOUR CLAIM AND YOU HAVE ASKED HIS ASSISTANCE IN THE SETTLEMENT OF THIS MATTER.

PARAGRAPH M7000 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE AUTHORITY OF 37 U.S.C. 406, PROVIDES THAT 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 IN THE REGULATIONS. PARAGRAPH M7008-2A OF THE REGULATIONS PROVIDES IN PERTINENT PART THAT A MEMBER IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE THE DEPENDENTS ARE LOCATED UPON THE MEMBER'S RECEIPT OF CHANGE-OF STATION ORDER TO THE PERMANENT DUTY STATION OUTSIDE THE UNITED STATES, NOT TO EXCEED THE ENTITLEMENT FOR THEIR TRAVEL FROM THE OLD TO THE NEW PERMANENT DUTY STATION. PARAGRAPH M7058 PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FOR TRAVEL PERFORMED FROM OTHER THAN THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION NOT TO EXCEED THE ENTITLEMENT FROM THE OLD TO THE NEW STATION.

PARAGRAPH M7005-1 OF THE REGULATIONS PROVIDES THAT WHEN A MEMBER IS TRANSFERRED TO A RESTRICTED AREA HE WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM THE PLACE DEPENDENTS ARE LOCATED NOT TO EXCEED ENTITLEMENT FROM THE MEMBER'S DUTY STATION, OR FROM LAST PLACE DEPENDENTS WERE TRANSPORTED AT GOVERNMENT EXPENSE. ALSO, SUBPARAGRAPH 2, ITEM 1, OF THAT PARAGRAPH PROVIDES THAT WHEN THE OLD DUTY STATION IS LOCATED IN THE UNITED STATES TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE AND SUBPARAGRAPH 4 PROVIDES THAT WHEN THE RESTRICTION AGAINST TRAVEL OF DEPENDENTS TO THE MEMBER'S PERMANENT DUTY STATION IS REMOVED, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE LOCATION TO WHICH THEY HAD BEEN PREVIOUSLY MOVED, OR THE PLACE THEN LOCATED, TO THE MEMBER'S CURRENT DUTY STATION, WHICHEVER RESULTS IN THE LESSER ENTITLEMENT.

PERTINENT IMPLEMENTING REGULATIONS OF THE AIR FORCE IN EFFECT AT THE TIME OF THE ISSUANCE OF YOUR PERMANENT CHANGE-OF-STATION ORDER ARE CONTAINED IN AIR FORCE MANUAL 75-4M, DATED MARCH 12, 1969. PARAGRAPH 3306F THEREOF PROVIDES THAT -

"(1) WHEN THE MEMBER ELECTS AN ACCOMPANIED BY DEPENDENTS TOUR AND THERE IS A FORECAST OF 20 WEEKS OR MORE FOR AVAILABILITY OF HOUSING (GOVERNMENT OR COMMUNITY) BEFORE DEPENDENTS MAY JOIN THE MEMBER AT AN UNRESTRICTED OVERSEA DUTY STATION, THIS UNRESTRICTED OVERSEA DUTY STATION BECOMES, IN EFFECT A RESTRICTED STATION AND TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE TO A DESIGNATED LOCATION LISTED IN B OR C ABOVE, AS APPROPRIATE.

"(3) WHEN CONCURRENT TRAVEL IS AUTOMATIC, OR WHEN THE REPLY TO AN ADVANCE APPLICATION AUTHORIZES CONCURRENT TRAVEL OR INDICATES THERE IS A FORECAST FOR AVAILABILITY OF HOUSING (GOVERNMENT OR COMMUNITY) OF LESS THAN 20 WEEKS BEFORE DEPENDENTS MAY JOIN THE MEMBER AT HIS UNRESTRICTED PERMANENT OVERSEA DUTY STATION, BUT HE ELECTS TO MOVE HIS DEPENDENTS TO A DESIGNATED LOCATION AT PERSONAL EXPENSE, AND AFTER RECEIPT OF THE OVERSEA COMMANDER'S APPROVAL FOR ENTRY OF DEPENDENTS HE ELECTS TO HAVE THEM MOVED AT GOVERNMENT EXPENSE TO HIS CURRENT PERMANENT OVERSEA DUTY STATION, TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE MAY BE AUTHORIZED AFTER HIS ARRIVAL OVERSEAS. REIMBURSEMENT FOR SUCH A MOVE CANNOT EXCEED HIS ORIGINAL ENTITLEMENT FOR TRANSPORTATION OF DEPENDENTS FROM HIS OLD PERMANENT STATION TO HIS NEW PERMANENT STATION (SEE PARAGRAPH M7058, JTR)."

UNDER THE ABOVE LAW AND REGULATIONS A MEMBER IS ENTITLED TO PAYMENT FOR DEPENDENTS' TRAVEL TO A PLACE OTHER THAN HIS NEW PERMANENT STATION WHEN IT IS ANTICIPATED THAT HIS DEPENDENTS WILL NOT BE AUTHORIZED TO JOIN HIM UNTIL AFTER 20 WEEKS OR MORE. WHEN SUCH PERIOD OF DELAY IS STIPULATED IN HIS ORDER AND A PORT CALL THEREAFTER IS RECEIVED BY HIS DEPENDENTS FOR MOVEMENT TO THE OVERSEA DUTY STATION HE IS THEN ENTITLED TO PAYMENT FOR THEIR TRAVEL TO THE NEW STATION FROM THE PLACE WHERE THEY WERE LOCATED ON RECEIPT OF THE PORT CALL OR FROM THE PLACE TO WHICH THEY WERE TRANSPORTED AT GOVERNMENT EXPENSE, WHICHEVER IS THE LESSER.

SINCE YOUR CHANGE-OF-STATION ORDER STIPULATED THAT THE ANTICIPATED DELAY FOR MOVEMENT OF DEPENDENTS WOULD BE LESS THAN 20 WEEKS, YOUR TRANSFER TO YOKOTA MAY NOT BE CONSIDERED AS A TRANSFER TO A RESTRICTED AREA. UNDER RULE 3, TABLE 4, OF AIR FORCE REGULATION 30-6, DATED AUGUST 16, 1968, YOUR DEPENDENTS WERE PERMITTED TO RETAIN FAMILY HOUSING AT TRAVIS AIR FORCE BASE UNTIL THE RECEIPT OF A PORT CALL DATE IF THIS WOULD HAVE BEEN WITHIN 20 WEEKS. HENCE THE REGULATIONS AS MENTIONED ABOVE WHICH PROVIDE FOR ENTITLEMENTS FOR A MEMBER WHOSE DEPENDENTS' TRAVEL WAS OCCASIONED BECAUSE OF HIS TRANSFER TO A RESTRICTED AREA ARE NOT FOR APPLICATION IN YOUR CASE. RATHER, THERE IS FOR APPLICATION THOSE REGULATIONS, ALSO MENTIONED ABOVE (PARAGRAPHS M7008-2A AND M7058 OF THE JOINT TRAVEL REGULATIONS AND PARAGRAPH 3306F(3) OF AIR FORCE MANUAL 75-4M), WHICH LIMIT YOUR ENTITLEMENT FOR DEPENDENTS' TRAVEL FROM TRAVIS AIR FORCE BASE TO YOKOTA. TRANSPORTATION WAS FURNISHED BETWEEN THOSE POINTS. ON THIS BASIS, NO LEGAL AUTHORITY EXISTS FOR THE ALLOWANCE OF YOUR CLAIM FOR THEIR LAND TRAVEL FROM NOMA TO TRAVIS AIR FORCE BASE.

THE CERTIFICATES SUBMITTED BY YOU TENDING TO ESTABLISH THAT THE WAITING PERIOD FOR FAMILY HOUSING AT YOKOTA AIR BASE WAS MORE THAN 20 WEEKS IN YOUR CASE DO NOT ESTABLISH ENTITLEMENT TO REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL. THOSE CERTIFICATES REFLECT DETERMINATIONS BASED ON AFTER-THE-FACT KNOWLEDGE WHEREAS THE STIPULATION IN YOUR ORDER PERTAINING TO THE LESS THAN 20 WEEKS' WAITING PERIOD FOR THE MOVEMENT OF DEPENDENTS WAS BASED UPON CONTEMPORANEOUS DETERMINATIONS AND COMMUNICATIONS PURSUANT TO THE PROVISIONS OF AIR FORCE REGULATION 30-6 DATED AUGUST 16, 1968, BY OFFICIALS AT TRAVIS AIR FORCE BASE AND YOKOTA AIR BASE CONCERNING YOUR FAMILY HOUSING REQUIREMENTS.

THE CERTIFICATE BY DR. WILLIAM W. RICHARDSON EXPRESSING THE OPINION THAT YOUR WIFE WOULD HAVE BEEN UNABLE TO ACCOMPANY YOU TO JAPAN BECAUSE SHE WAS PREGNANT UNTIL MAY 3, 1969, IS NOT DETERMINATIVE IN THIS MATTER SINCE PARAGRAPH 3305A, AIR FORCE MANUAL 75-4J, IN EFFECT AT THE TIME, PROVIDES THAT INFANT DEPENDENTS OVER 6 WEEKS OF AGE MAY BE TRANSPORTED BY MAC AIRCRAFT IF ACCOMPANIED BY A PARENT. UNDER YOUR CHANGE-OF STATION ORDER A PORT CALL FOR HER MOVEMENT TO YOKOTA AIR BASE COULD HAVE ISSUED AS MUCH AS 20 WEEKS AFTER THE DATE YOU ARRIVED IN YOKOTA, JUNE 4, 1969.

EVEN IF THE WAITING PERIOD FOR THE MOVEMENT OF DEPENDENTS WERE SHOWN IN YOUR CHANGE-OF-STATION ORDER AS BEING MORE THAN 20 WEEKS, THERE STILL WOULD BE NO BASIS FOR PAYMENT OF YOUR CLAIM. AS INDICATED ABOVE, ALMOST 3 MONTHS PRIOR TO THE ISSUANCE OF THAT ORDER YOUR DEPENDENTS TRAVELED TO NOMA AT PERSONAL EXPENSE FOR PERSONAL REASONS. SINCE THE TRAVEL TO NOMA WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE, NO AUTHORITY WOULD EXIST FOR PAYMENT OF THE DEPENDENTS' TRAVEL FROM NOMA TO TRAVIS AIR FORCE BASE. OTHER WORDS, THE ABOVE PARAGRAPH M7005-1 OF THE JOINT TRAVEL REGULATIONS WHICH PERMITS PAYMENT OF THE DEPENDENTS' TRAVEL EXPENSES FROM A PLACE WHERE THE DEPENDENTS ARE LOCATED AT THE TIME OF THE REMOVAL OF THE RESTRICTION AGAINST DEPENDENTS' TRAVEL WOULD APPLY ONLY IN CIRCUMSTANCES IN WHICH YOUR DEPENDENTS TRAVELED TO NOMA AT GOVERNMENT EXPENSE RATHER THAN PERSONAL EXPENSE.

IN VIEW OF THE ABOVE, YOUR CLAIM FOR THE DEPENDENTS' TRAVEL FROM NOMA TO TRAVIS AIR FORCE BASE IS DISALLOWED.