B-180946, MAY 15, 1975

B-180946, MAY 15, 1975

1. MILITARY MEMBER RECEIVED PERMANENT CHANGE OF STATION FROM LAUGHLIN AFB, TEXAS, TO CLARK AFB, PHILIPPINES, THE ORDERS STATING THAT THERE WAS A 20-WEEK DELAY IN QUARTERS AVAILABILITY AND DEPENDENT TRANSPORTATION TO A DESIGNATED LOCATION WAS AUTHORIZED. DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM BEACHWOOD, NEW JERSEY, TO ANGLES CITY, PHILIPPINES, PRIOR TO ORDERS AUTHORIZING THEIR TRAVEL TO THE PHILIPPINES. REIMBURSEMENT FOR TRANSOCEANIC AND OVERSEAS LAND TRANSPORTATION IS DENIED SINCE DEPENDENT TRAVEL TO RESTRICTED STATION OCCURRED PRIOR TO REMOVAL OF THE RESTRICTION. 2. MILITARY MEMBER RECEIVED PERMANENT CHANGE OF STATION FROM LAUGHLIN AFB, TEXAS, TO CLARK AFB, PHILIPPINES, THE ORDERS STATING THAT THERE WAS A 20-WEEK DELAY IN QUARTERS AVAILABILITY AND DEPENDENT TRANSPORTATION TO A DESIGNATED LOCATION WAS AUTHORIZED. DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM BEACHWOOD, NEW JERSEY, TO ANGLES CITY, PHILIPPINES, PRIOR TO ORDERS AUTHORIZING TRAVEL TO THE PHILIPPINES. MEMBER IS ENTITLED TO ALLOWANCE FOR DEPENDENT TRAVEL TO SAN FRANCISCO, CALIFORNIA, THE ACTUAL PORT OF EMBARKATION UTILIZED FOR OVERSEAS TRAVEL, IN ACCORD WITH 1 JTR PARA. M7005-2, IF NOT PREVIOUSLY PAID FOR TRAVEL TO A DESIGNATED LOCATION. 3. MILITARY MEMBER RECEIVED PERMANENT CHANGE OF STATION FROM LAUGHLIN AFB, TEXAS, TO CLARK, AFB, PHILIPPINES, AND DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM BEACHWOOD, NEW JERSEY, TO ANGLES CITY, PHILIPPINES, UTILIZING PHILIPPINE AIRLINES FOR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO MANILA, PHILIPPINES. NO REIMBURSEMENT FOR THE TRAVEL BY FOREIGN AIR CARRIER MAY BE AUTHORIZED SINCE AMERICAN FLAG AIR TRANSPORTATION WAS AVAILABLE TO THE DEPENDENTS.

DEPENDENT TRANSPORTATION TO OVERSEAS STATION - CAPTAIN JOHN M. DANAHY, USAF:

THIS IS A REQUEST FOR RECONSIDERATION OF THE SETTLEMENT OF THE TRANSPORTATION AND CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, DATED OCTOBER 11, 1973, DISALLOWING REIMBURSEMENT TO CAPTAIN JOHN M. DANAHY, USAF, XXX-XX-XXXX, FOR THE COST OF TRANSPORTING HIS DEPENDENTS FROM BEACHWOOD, NEW JERSEY, TO ANGLES CITY, PHILIPPINES, ON NOVEMBER 7 AND 8, 1969.

THE RECORD SHOWS THAT BY SPECIAL ORDER NO. AA-302, DATED MARCH 14, 1969, THE MEMBER RECEIVED A PERMANENT CHANGE OF STATION FROM LAUGHLIN AIR FORCE BASE (AFB) TEXAS, TO CLARK AFB, PHILIPPINES. THE ORDER INDICATED THAT THE MEMBER WOULD SERVE AN ACCOMPANIED TOUR OF DUTY, THAT THERE WAS A MINIMUM DELAY OF 20 WEEKS BEFORE HOUSING FOR HIS DEPENDENTS WOULD BE AVAILABLE AND THAT TRAVEL OF DEPENDENTS TO A DESIGNATED POINT WITHIN THE CONTINENTAL UNITED STATES WAS AUTHORIZED. THE MEMBER STATES HE ARRIVED AT CLARK AFB ON SEPTEMBER 1, 1969, AND SOON DISCOVERED THAT FAMILY HOUSING FOR HIS DEPENDENTS WAS AVAILABLE. RATHER THAN AWAIT ORDERS AUTHORIZING DEPENDENT TRAVEL, THE MEMBER ELECTED TO MOVE HIS DEPENDENTS AT PERSONAL EXPENSE, INCLUDING AMERICAN COMMERCIAL AIR TRAVEL FROM PHILADELPHIA TO SAN FRANCISCO AND FROM SAN FRANCISCO TO MANILA, VIA PHILIPPINE AIRLINES.

BY SPECIAL ORDER NO. TC-627, DATED MARCH 11, 1970, DEPENDENT TRAVEL WAS AUTHORIZED TO BE PERFORMED DURING MAY 1970, WITH THE STIPULATION, "NO TRAVEL OF DEPENDENTS WILL BE PERFORMED ON THIS ORDER. DEPENDENTS PRESENTLY AT THIS STATION."

SINCE CAPTAIN DANAHY'S DEPENDENTS WERE PRESENT IN THE VICINITY OF CLARK AFB, PRIOR TO THE ISSUANCE OF SPECIAL ORDER NO. TC-627, PAYMENT WAS DENIED BY SETTLEMENT OF OCTOBER 11, 1973, FOR THEIR TRANSPORTATION FROM BEACHWOOD, NEW JERSEY, TO ANGLES CITY, PHILIPPINES. THE RECORD DOES NOT INDICATE IF THE MEMBER WAS PAID FOR DEPENDENT TRAVEL TO BEACHWOOD OR ELSEWHERE, AS A DESIGNATED LOCATION INCIDENT TO THE TRANSFER FROM LAUGHLIN AFB TO CLARK AFB.

THE MEMBER SAYS THAT OTHER OFFICERS WHO SIMILARLY ARRANGED FOR THEIR DEPENDENTS TO COME TO CLARK AFB AT PERSONAL EXPENSE HAVE RECEIVED REIMBURSEMENT FROM THE ACCOUNTING AND FINANCE OFFICE AT CLARK AFB. THIS OFFICE HAS NO KNOWLEDGE OF THE FACTS OR CIRCUMSTANCES OF ANY SUCH PAYMENTS, NOR WOULD SUCH INFORMATION GOVERN THE MEMBER'S CASE, WHICH MUST BE DETERMINED UNDER THE PERTINENT LAW AND REGULATIONS.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES, 37 U.S.C. SEC. 406 (1970), EXPRESSLY PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A MEMBER'S ORDERED CHANGE OF PERMANENT STATION SHALL BE SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, FOR SUCH GRADES, RANKS, AND RATINGS, AND TO AND FROM SUCH PLACES AS THE SECRETARIES CONCERNED MAY PRESCRIBE. THE RIGHT TO DEPENDENTS' TRAVEL IS NOT AN ABSOLUTE ONE BUT MAY BE ADMINISTRATIVELY SUSPENDED OR DENIED FOR REASONS OF MILITARY NECESSITY OR EXPEDIENCE. CULP V. UNITED STATES, 76 CT. CL. 507 (1932); 35 COMP. GEN. 61 (1955).

SECTION V.C., DEPARTMENT OF DEFENSE (DOD) DIRECTIVE NO. 1315.7, "OVERSEAS DUTY TOURS OF MILITARY PERSONNEL," APRIL 6, 1963, IN EFFECT AT THE TIME OF THE TRAVEL IN QUESTION PROVIDED POLICY RULES REGARDING TRANSPORTATION OF DEPENDENTS AS FOLLOWS:

"6. MILITARY PERSONNEL OTHERWISE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE WILL NOT BE ENTITLED TO SUCH TRANSPORTATION TO OR FROM THEIR DUTY STATIONS OUTSIDE THE UNITED STATES UNLESS THEY ARE AUTHORIZED BY THE APPROPRIATE MILITARY COMMANDER TO HAVE THEIR DEPENDENTS PRESENT IN THE VICINITY OF THEIR DUTY STATIONS."

PARAGRAPH M7000-14 OF VOLUME 1, JOINT TRAVEL REGULATIONS (1 JTR) (CHANGE 200, SEPTEMBER 1, 1969), PROVIDES THAT TRANSOCEANIC OR OVERSEAS LAND TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION WHEN THE MEMBER IS CONSIDERED TO BE A MEMBER WITHOUT DEPENDENTS AS DEFINED IN ITEM 4 OF PARAGRAPH M4300-2 OF THE REGULATIONS (CHANGE 197, JUNE 1, 1969). ITEM 4 FURTHER DEFINES THE TERM "MEMBER WITHOUT DEPENDENTS" TO INCLUDE THOSE MEMBERS WHOSE DEPENDENTS ARE NOT AUTHORIZED BY THE APPROPRIATE MILITARY COMMANDER TO BE PRESENT IN THE VICINITY OF THE MEMBER'S OVERSEAS DUTY STATION.

SINCE AT THE TIME OF THE DEPENDENT TRAVEL ON NOVEMBER 7 AND 8, 1969, CONCURRENT TRAVEL OF DEPENDENTS TO CLARK AFB WAS DENIED BY THE ORDER OF MARCH 14, 1969, THE MEMBER IS REGARDED AS A MEMBER WITHOUT DEPENDENTS FOR THE PURPOSE OF ENTITLEMENT TO THEIR TRANSOCEANIC AND OVERSEAS LAND TRANSPORTATION. SEE DECISION B-173773, DECEMBER 13, 1971. AS THE TRAVEL OCCURRED BEFORE ISSUANCE OF THE ORDER OF MARCH 11, 1970, AUTHORIZING DEPENDENT TRANSPORTATION DURING MAY 1970 IT DOES NOT PROVIDE AUTHORITY FOR TRANSOCEANIC AND OVERSEAS LAND TRANSPORTATION. SEE 1 JTR PARA. M3000-2.

ALSO, DURING THE PERIOD THAT DEPENDENT TRAVEL WAS PERFORMED PARAGRAPH M7000-7 (CHANGE 200, SEPTEMBER 1, 1969), OF THE REGULATIONS PROVIDED THAT MEMBERS OF THE UNIFORMED SERVICES WERE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION, EXCEPT FOR ANY PORTION OF TRAVEL PERFORMED BY A FOREIGN REGISTERED VESSEL OR AIRPLANE IF AMERICAN REGISTERED VESSELS OR AIRPLANES WERE AVAILABLE BY THE USUALLY TRAVELED ROUTE. UNDER PARAGRAPH M2150 OF THE REGULATIONS THE USE OF VESSELS OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES IS REQUIRED, UNLESS DETERMINED IMPRACTICAL OR NOT AVAILABLE.

THE RECORD INDICATES THAT THE DEPENDENTS UTILIZED PHILIPPINE AIRLINES, AN AIRLINE OF FOREIGN REGISTRY. DURING THE PERIOD IN QUESTION, THERE WERE FLIGHTS AVAILABLE FROM SAN FRANCISCO TO MANILA VIA AN AMERICAN-FLAG AIRLINE. CONSEQUENTLY, NO REIMBURSEMENT MAY BE AUTHORIZED FOR SUCH OVERSEAS TRAVEL. SEE DECISION B-179445, SEPTEMBER 21, 1973.

PARAGRAPH M7005 (CHANGE 183, APRIL 1, 1968), OF THE REGULATIONS PROVIDES IN PERTINENT PART THAT WHEN A MEMBER IS TRANSFERRED BY PERMANENT CHANGE-OF -STATION ORDERS TO A RESTRICTED AREA AND THE OLD DUTY STATION IS LOCATED IN THE UNITED STATES, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT PUBLIC EXPENSE TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE (SUBPARA. 1) OR TO THE POINT OF DEPARTURE OF DEPENDENTS FROM THE UNITED STATES IN CONJUNCTION WITH THEIR TRAVEL TO A PLACE OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER (SUBPARA. 2).

ACCORDINGLY, THE MEMBER MAY NOT BE REIMBURSED FOR DEPENDENTS' TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO ANGLES CITY, PHILIPPINES. HOWEVER, IN THE EVENT THAT HE HAS NOT PREVIOUSLY RECEIVED PAYMENT FOR DEPENDENT TRAVEL TO A DESIGNATED LOCATION IN CONNECTION WITH HIS ASSIGNMENT TO CLARK AFB AND FURNISHES INFORMATION IN THAT REGARD TO THIS OFFICE, HE MAY BE PAID FOR TRAVEL TO SAN FRANCISCO, THEIR POINT OF DEPARTURE FROM THE UNITED STATES UNDER 1 JTR PARA. M7005-2.