B-178167, AUG 17, 1973, 53 COMP GEN 105

B-178167, AUG 17, 1973, 53 COMP GEN 105

MILITARY PERSONNEL - SEPARATION - ELECTION OF SEPARATION POINT A NAVY MEMBER WHO INCIDENT TO HIS SEPARATION REPORTED TO HICKAM AFB, HONOLULU, HAWAII, AND IS AUTHORIZED, AT HIS REQUEST, TO TRAVEL TO THE BROOKLYN, N.Y. NAVAL STATION, LOCATED NEAR HIS HOME OF RECORD, NIAGARA FALLS, N.Y., FOR SEPARATION IN LIEU OF TREASURE ISLAND, AND WHO USED COMMERCIAL AIR ALTHOUGH DIRECTED TO TRAVEL BY GOVERNMENT AIRCRAFT, IF AVAILABLE, IS CONSIDERED TO HAVE TERMINATED HIS OVERSEAS TRAVEL AT TRAVIS AFB, THE DEBARKATION POINT FOR TREASURE ISLAND, AND TO BE ENTITLED TO A MILEAGE ALLOWANCE PURSUANT TO M4157(1)(C) AND M4150-1, JOINT TRAVEL REGS., FOR THE DISTANCE BETWEEN TRAVIS AFB AND TREASURE ISLAND AND THEN TO HIS HOME OF RECORD, BUT NOT TO REIMBURSEMENT FOR HIS OVERSEAS TRAVEL SINCE HE WAS DIRECTED TO USE GOVERNMENT TRANSPORTATION, WHICH WAS AVAILABLE AT THE TIME HE TRAVELED. TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - RELEASE FROM ACTIVE DUTY - PAYMENT BASIS ENTITLEMENT TO THE EXPENSES INCURRED FOR THE TRAVEL OF A NAVY MEMBER'S WIFE WHO ACCOMPANIED HIM VIA COMMERCIAL AIR FROM HIS OVERSEAS STATION IN HAWAII, WHERE HIS ORDERS MADE NO PROVISION FOR HER TRAVEL AND AUTHORIZED HIM TO PROCEED TO THE BROOKLYN, N.Y. NAVAL STATION FOR SEPARATION TO HIS HOME OF RECORD, NIAGARA FALLS, N.Y., DEPENDS ON WHETHER HER PRESENCE OVERSEAS WAS COMMAND SPONSORED. IF SO, REIMBURSEMENT MAY BE MADE FOR THE COST OF GOVERNMENT AIR FROM HICKAM AFB TO TRAVIS AFB, THE INITIALLY CONTEMPLATED DEBARKATION POINT, AND FOR MILEAGE FROM THE HAWAII RESIDENCE TO HICKAM AFB, AND FROM TRAVIS AFB TO HOME OF RECORD. IF NOT COMMAND SPONSORED, THERE IS NO ENTITLEMENT TO OVERSEAS TRANSPORTATION AT GOVERNMENT EXPENSE AND TRANSPORTATION WITHIN CONTINENTAL UNITED STATES IS LIMITED IN VIEW OF PARAGRAPH M7003-3B(3), JOINT TRAVEL REGS., TO A MONETARY ALLOWANCE FOR THE DISTANCE BETWEEN NEW YORK, N.Y., THE AERIAL PORT OF DEBARKATION, AND NIAGARA FALLS.

TO THE DEPARTMENT OF THE NAVY, AUGUST 17, 1973:

YOUR LETTER DATED DECEMBER 13, 1972, FILE REFERENCE FT:MO:GON 7240, FORWARDED TO THIS OFFICE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (PDTATAC CONTROL NO. 73-6) BY ENDORSEMENT DATED MARCH 7, 1973, REQUESTS AN ADVANCE DECISION CONCERNING THE ENTITLEMENT OF AG2 GERARD M. CAHILL, USN, XXX-XX-XXXX, TO REIMBURSEMENT FOR THE COST OF COMMERCIAL AIR TRANSPORTATION FOR HIS WIFE AND HIMSELF FROM HONOLULU, HAWAII, TO NEW YORK, NEW YORK, UNDER THE CIRCUMSTANCES DESCRIBED BELOW.

INCIDENT TO HIS SEPARATION FROM THE NAVY, THE MEMBER WAS DIRECTED BY STANDARD TRANSFER ORDER NO. 152-72 DATED SEPTEMBER 12, 1972, TO REPORT TO AN INTERMEDIATE STATION, HICKAM AIR FORCE BASE (AFB), HONOLULU, HAWAII, FOR HIS DEPARTURE TO THE CONTINENTAL UNITED STATES. THE MEMBER'S ULTIMATE DESTINATION WAS HIS HOME OF RECORD. HE WAS FURTHER DIRECTED TO REPORT TO THE NEAREST NAVAL SEPARATION ACTIVITY TO HIS PORT OF DEBARKATION IN CONUS (CONTINENTAL UNITED STATES), NOT LATER THAN SEPTEMBER 17, 1972, FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING.

THE NORMAL PORT OF DEBARKATION FOR MEMBERS REPORTING FROM HONOLULU, HAWAII, FOR SEPARATION PROCESSING IS TRAVIS AFB, CALIFORNIA. YOUR LETTER INDICATES THAT TRAVIS AFB WAS THE CONTEMPLATED PORT OF DEBARKATION IN THE PRESENT CASE AT THE TIME THE ORDERS WERE ISSUED. AN APPROPRIATE SEPARATION ACTIVITY FOR MEMBERS WHOSE PORT OF DEBARKATION IS TRAVIS AFB IS NAVAL STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA. SEE ARTICLE 3810260-4 OF BUREAU OF NAVAL PERSONNEL MANUAL (BUPERSMAN), NAVPERS 15791B.

HOWEVER, THE MEMBER WAS AUTHORIZED, AT HIS REQUEST, TO REPORT TO NAVAL STATION, BROOKLYN, NEW YORK, FOR HIS SEPARATION PROCESSING. AUTHORIZING THE MEMBER TO REPORT TO THIS STATION INSTEAD OF THE SEPARATION ACTIVITY NEAREST TO THE CONTEMPLATED PORT OF DEBARKATION (NAVAL STATION, TREASURE ISLAND), THE ENDORSEMENT ON THE MEMBER'S TRANSFER ORDERS PROVIDED:

AT YOUR REQUEST YOU ARE AUTHORIZED TO REPORT TO NAVSTA BROOKLYN, NY INSTEAD OF THE SEPARATION ACTIVITY NEAREST TO THE PORT OF DEBARKATION, FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING, WITH THE UNDERSTANDING THAT YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR MILEAGE OR EXPENSES IN EXCESS OF THAT ALLOWED FOR TRAVEL TO THE SEPARATION ACTIVITY NEAREST TO THE PORT OF DEBARKATION AND THENCE TO YOUR HOME OF RECORD OR PLACE OF ACCEPTANCE. IN CASE YOU DO NOT DESIRE TO BEAR THIS EXPENSE, YOU WILL REGARD THIS AUTHORIZATION AS CANCELED AND CARRY OUT YOUR BASIC ORDERS.

IT IS NOTED THAT THE ABOVE ENDORSEMENT IS REQUIRED TO BE INSERTED IN A MEMBER'S TRANSFER ORDERS, AS STATED, WHERE HE IS AUTHORIZED AT HIS REQUEST TO REPORT TO A NAVAL STATION FOR SEPARATION PROCESSING OTHER THAN THE APPROPRIATE SEPARATION ACTIVITY NEAREST THE PORT OF DEBARKATION. SEE ARTICLE 3810260-2(1) OF BUPERSMAN, NAVPERS 15791B.

IN ADDITION TO THE ABOVE, THE TRANSFER ORDERS DIRECTED TRAVEL BY GOVERNMENT AIRCRAFT, WHERE AVAILABLE, FROM OUTUS (OUTSIDE THE UNITED STATES) TO CONUS (CONTINENTAL UNITED STATES). YOU SAY THAT ALTHOUGH TRAVEL BY GOVERNMENT AIRCRAFT WAS DIRECTED AND AVAILABLE TO CONUS, THE MEMBER ELECTED TO TRAVEL DIRECT FROM HONOLULU, HAWAII, TO NEW YORK, NEW YORK. THIS TRAVEL WAS APPARENTLY ACCOMPLISHED BY COMMERCIAL AIRCRAFT. THIS CONNECTION, YOU SAY THAT THE MEMBER WAS INFORMED AT HIS LAST PERMANENT DUTY STATION THAT HE COULD ELECT TO TRAVEL WITH HIS DEPENDENT WIFE AT HIS OWN EXPENSE FROM HAWAII TO NEW YORK AND BE REIMBURSED ON A MILEAGE BASIS FOR THE DISTANCE FROM TRAVIS AFB TO HIS HOME OF RECORD.

IN VIEW OF THE ABOVE FACTS, YOU INDICATE THAT IT IS THE OPINION OF YOUR OFFICE THAT BY BYPASSING THE PORT OF DEBARKATION ON THE WEST COAST OF THE UNITED STATES THE MEMBER ACQUIRED A NEW PORT OF DEBARKATION AT NEW YORK, NEW YORK, AND THEREFORE ENTITLEMENT TO ALLOWANCES FOR HIS TRAVEL AND HIS DEPENDENT'S TRAVEL WOULD CHANGE. AS A RESULT OF THIS CONCLUSION, YOU ASK THE FOLLOWING QUESTIONS:

A. IF ORDERS DIRECT TRAVEL BY GOVERNMENT AIR AND THE MEMBER ELECTS TO TRAVEL AT HIS OWN EXPENSE FROM HONOLULU, HAWAII, TO NEW YORK, NEW YORK, IS THE MEMBER ENTITLED TO MILEAGE ALLOWANCE FROM THE WEST COAST OF THE UNITED STATES (TRAVIS AFB) TO HIS HOME OF RECORD (NIAGARA FALLS, NEW YORK)?

B. HOW IS THE MEMBER'S ENTITLEMENT FOR HIS DEPENDENT'S TRAVEL DETERMINED?

CONCERNING THE MEMBER'S ENTITLEMENT TO MILEAGE ALLOWANCE FOR HIS TRAVEL TO NEW YORK, NEW YORK, HE HAD BEEN AUTHORIZED TO REPORT TO A SEPARATION STATION OF HIS OWN CHOICE (NAVAL STATION, BROOKLYN, NEW YORK) RATHER THAN THE NORMAL SEPARATION FOR MEMBERS RETURNING FROM HONOLULU, HAWAII (NAVAL STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA). IN THIS CONNECTION, PARAGRAPH M4157(1)(C) OF THE JOINT TRAVEL REGULATIONS (JTR) PROVIDES THAT CONTINGENT UPON IMPLEMENTATION IN REGULATIONS OF THE SERVICE CONCERNED, A MEMBER WHO IS AUTHORIZED, AS DISTINGUISHED FROM DIRECTED, TO TRAVEL FROM HIS LAST PERMANENT DUTY STATION TO A SEPARATION STATION OF HIS OWN CHOICE AND FOR HIS OWN CONVENIENCE AND FROM SUCH SEPARATION STATION TO HOME OF RECORD OR PLACE FROM WHICH CALLED TO ACTIVE DUTY, AS THE MEMBER MAY ELECT, WILL BE ENTITLED TO THE TRAVEL ALLOWANCES PRESCRIBED IN PARAGRAPH M4150 OR M4159, AS APPLICABLE, FOR SUCH TRAVEL NOT TO EXCEED THE TRAVEL ALLOWANCES WHICH WOULD HAVE BEEN ALLOWED HAD THE MEMBER BEEN ORDERED TO THE APPROPRIATE SEPARATION ACTIVITY PRESCRIBED BY SERVICE REGULATIONS AND SEPARATED THEREAT. SEE IMPLEMENTING PARAGRAPH 4002-1A(3) OF THE U.S. NAVY TRAVEL INSTRUCTIONS, NAVSO P-1459.

PARAGRAPH M4157-1B, JTR, PROVIDES THAT A MEMBER WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY OUTSIDE THE UNITED STATES WILL BE ENTITLED TO TRAVEL ALLOWANCES AS PROVIDED IN PARAGRAPH M4159 OF THE REGULATIONS. UNDER PARAGRAPH M4159-4A, WHEN GOVERNMENT TRANSPORTATION IS AVAILABLE AND WHEN TRAVEL IS DIRECTED (AS DISTINGUISHED FROM AUTHORIZED) BY GOVERNMENT TRANSPORTATION AND THE MEMBER PERFORMS TRANSOCEANIC TRAVEL BY ANOTHER MODE OF TRANSPORTATION AT PERSONAL EXPENSE, NO REIMBURSEMENT FOR THE TRANSOCEANIC TRAVEL IS AUTHORIZED.

THE TRANSFER ORDERS IN THE PRESENT CASE SPECIFICALLY DIRECTED TRAVEL BY GOVERNMENT AIRCRAFT WHERE AVAILABLE FROM OUTUS (OUTSIDE THE UNITED STATES) TO CONUS (CONTINENTAL UNITED STATES). THE MEMBER'S CONTEMPLATED PORT OF DEBARKATION IN THE CONTINENTAL UNITED STATES AT THE TIME THE TRANSFER ORDERS WERE ISSUED WAS TRAVIS AFB, CALIFORNIA. THUS, IT APPEARS THAT WHEN TRAVEL BY GOVERNMENT AIRCRAFT WAS DIRECTED, SUCH DIRECTION WAS ONLY INTENDED TO APPLY TO THE MEMBER'S ANTICIPATED OVERSEAS TRAVEL FROM HONOLULU, HAWAII, TO TRAVIS, AFB, CALIFORNIA.

IN THE ABSENCE OF ORDERS SPECIFICALLY DIRECTING THE USE OF GOVERNMENT TRANSPORTATION TO NEW YORK, NEW YORK, THE ACTUAL PORT OF DEBARKATION, OR OF PROVISION OF LAW REQUIRING THAT WE CONSIDER THAT THE OVERSEAS PORTION OF THE MEMBER'S TRAVEL TERMINATED THERE AND NOT AT THE APPROPRIATE PORT OF DEBARKATION, TRAVIS AFB, IT IS OUR VIEW, IN THE CIRCUMSTANCES, THAT THE OVERSEAS TRAVEL MAY BE REGARDED AS HAVING TERMINATED AT TRAVIS AFB. CONSEQUENTLY, TRANSPORTATION TO NEW YORK, NEW YORK, WILL NOT BE REGARDED AS PART OF THE OVERSEAS TRAVEL, NOR AS SUBJECT TO THE DIRECTION TO USE GOVERNMENT AIRCRAFT. SEE 41 COMP. GEN. 100 (1961), WHEREIN WE STATED THAT WHERE A MEMBER IS NOT EXPRESSLY DIRECTED BY ORDERS TO USE GOVERNMENT TRANSPORTATION HE IS TO BE REGARDED AS ONLY HAVING BEEN AUTHORIZED TO USE SUCH TRANSPORTATION. SEE ALSO 52 COMP. GEN. 297 (1972), COPY ENCLOSED.

PAYMENT OF MILEAGE ALLOWANCE MAY THEREFORE BE MADE, UNDER THE AUTHORITY OF PARAGRAPHS M4157(1)(C) AND M4150-1, JTR, NOT TO EXCEED THE DISTANCE FROM TRAVIS AFB, CALIFORNIA, THE MEMBER'S APPROPRIATE AND CONTEMPLATED PORT OF DEBARKATION IN THIS CASE, TO NAVAL STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, THE APPROPRIATE SEPARATION ACTIVITY FOR MEMBERS WHOSE PORT OF DEBARKATION IS TRAVIS AFB, AND THEN TO NIAGARA FALLS, NEW YORK, THE MEMBER'S HOME OF RECORD.

AS TO THE MEMBER'S TRAVEL FROM HONOLULU, HAWAII, TO TRAVIS AFB, PARAGRAPH M4159-4A PRECLUDES REIMBURSEMENT THEREOF SINCE THE TRANSFER ORDERS DIRECTED TRAVEL BY GOVERNMENT TRANSPORTATION BETWEEN THESE TWO POINTS, AND GOVERNMENT TRANSPORTATION WAS AVAILABLE TO THE MEMBER FOR SUCH TRAVEL.

WITH RESPECT TO THE MEMBER'S ENTITLEMENT TO REIMBURSEMENT OF THE TRAVEL EXPENSES FOR THE TRANSPORTATION OF HIS DEPENDENT WIFE FROM HONOLULU, HAWAII, TO NEW YORK, NEW YORK, SUCH REIMBURSEMENT DEPENDS UPON WHETHER OR NOT THE WIFE'S PRESENCE AT THE OVERSEAS DUTY STATION WAS AUTHORIZED OR APPROVED BY THE APPROPRIATE MILITARY OVERSEAS COMMANDER (I.E., WHETHER OR NOT THE MEMBER'S WIFE WAS "COMMAND SPONSORED"). THE MEMBER'S TRANSFER ORDERS MADE NO PROVISION FOR THE TRAVEL OF HIS WIFE. ALSO, OTHER THAN AN INDICATION THAT HIS WIFE FLEW WITH HIM TO NEW YORK VIA COMMERCIAL AIR, THE PRESENT RECORD DOES NOT CONTAIN ANY EVIDENCE REGARDING THIS MATTER.

PARAGRAPH M7000 OF THE JTR ENTITLES MEMBERS 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, EXCEPT FOR TRAVEL TO THE UNITED STATES WHEN THE PRESENCE OF THE DEPENDENTS AT THE OVERSEAS DUTY STATION WAS NOT AUTHORIZED OR APPROVED BY THE APPROPRIATE MILITARY COMMANDER (SUBPAR. 17). PARAGRAPH M7009-1 PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY IS ENTITLED TO TRANSPORTATION OF DEPENDENTS NOT TO EXCEED THE ENTITLEMENT FROM HIS LAST PERMANENT DUTY STATION, OR PLACE TO WHICH HIS DEPENDENTS WERE LAST TRANSPORTED AT GOVERNMENT EXPENSE, TO THE PLACE TO WHICH THE MEMBER ELECTS TO TRAVEL UNDER THE PROVISION OF PARAGRAPH M4157.

PARAGRAPH M7002-1B OF THE REGULATIONS PROVIDES THAT WHEN A DEPENDENT WHO IS AUTHORIZED TO TRAVEL BY AVAILABLE AIRCRAFT AT GOVERNMENT EXPENSE ELECTS TO TRAVEL AT PERSONAL EXPENSE BY WATER OR AIR TRANSPORTATION OTHER THAN THAT OFFERED BY THE GOVERNMENT, REIMBURSEMENT WILL BE LIMITED TO THE COST OF GOVERNMENT AIR TRANSPORTATION OR GOVERNMENT PROCURED AIR TRANSPORTATION, WHICHEVER IS THE LESSER, EXCEPT IN SEVERAL SITUATIONS WHICH APPARENTLY ARE NOT APPLICABLE HERE.

THEREFORE, IF THE MEMBER'S WIFE WERE COMMAND SPONSORED, IT APPEARS THAT SHE WOULD BE ENTITLED TO REIMBURSEMENT FOR THE COST OF GOVERNMENT AIR FROM HICKAM AFB, HAWAII, TO TRAVIS AFB, CALIFORNIA, AND ADDITIONALLY, TO MILEAGE FROM HER RESIDENCE IN HAWAII TO HICKAM AFB, AND FROM TRAVIS AFB, TO NIAGARA FALLS, NEW YORK.

IN THE EVENT THAT THE MEMBER'S WIFE WAS NOT COMMAND SPONSORED, SHE WOULD NOT BE ENTITLED TO OVERSEAS TRANSPORTATION AT GOVERNMENT EXPENSE, HER ENTITLEMENT BEING LIMITED TO TRANSPORTATION WITHIN THE CONTINENTAL UNITED STATES. HOWEVER, IN VIEW OF PARAGRAPH M7003-3B(3) OF THE JTR, HER MONETARY ALLOWANCE WOULD BE LIMITED TO THE DISTANCE FROM THE AERIAL PORT OF DEBARKATION ACTUALLY USED, NEW YORK, NEW YORK, TO NIAGARA FALLS, NEW YORK, IN ACCORD WITH OUR DECISIONS B-175340, JUNE 9, 1972, AND B-177479, JULY 12, 1973, COPIES ENCLOSED.

YOUR QUESTIONS ARE ANSWERED ACCORDINGLY. SUPPORTING DOCUMENTS ARE RETURNED HEREWITH.