B-123768, AUG. 23, 1955

B-123768, AUG. 23, 1955

TO STAFF SERGEANT JAMES C. OAKLEY, USMC:

BY REFERENCE FROM HEADQUARTERS UNITED STATES MARINE CORPS, WASHINGTON, D.C., THERE WERE RECEIVED YOUR CLAIMS FOR AN ALLOWANCE FOR TRANSPORTATION OF YOUR DEPENDENT WIFE FROM CAMP PENDLETON, CALIFORNIA, TO MEXICO CITY, MEXICO, AND FROM MEXICO CITY TO CAMP LEJEUNE, NORTH CAROLINA, IN CONNECTION WITH TRAVEL PERFORMED BY HER INCIDENT TO YOUR ASSIGNMENT UNDER ORDERS DATED JUNE 13, 1953, TO A DUTY STATION OVERSEAS, AND RETURN TO CAMP LEJEUNE UNDER ORDERS OF CLAIM 27, 1954. SINCE A PREVIOUS CLAIM FOR AN ALLOWANCE INCIDENT TO YOUR WIFE'S TRAVEL WAS DISALLOWED IN SETTLEMENT DATED JUNE 7, 1954, YOUR PRESENT CLAIMS WILL BE CONSIDERED AS IN THE NATURE OF A REQUEST FOR REVIEW OF THAT SETTLEMENT.

IT APPEARS THAT BY PERMANENT CHANGE-OF-STATION ORDERS OF JUNE 13, 1953, YOU WERE ORDERED FROM CAMP PENDLETON TO AN OVERSEAS AREA WHERE YOUR WIFE WAS NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY YOU, AND THAT YOU DESIGNATED MEXICO CITY AS THE PLACE WHERE SHE SHOULD RESIDE UNTIL FURTHER TRAVEL WAS AUTHORIZED. SHE PROCEEDED FROM CAMP PENDLETON TO MEXICO CITY ON JUNE 15 AND 16, 1953, AND SUBSEQUENT TO THE ISSUANCE OF THE ORDERS OF JUNE 27, 1954, DETACHING YOU FROM DUTY IN THE FAR EAST AND ASSIGNING YOU TO DUTY AT CAMP LEJEUNE, SHE TRAVELED FROM MEXICO CITY TO THAT STATION ON SEPTEMBER 24 AND 25, 1954.

PARAGRAPH 7005 OF THE JOINT TRAVEL REGULATIONS, UPON WHICH YOUR CLAIM IS BASED, PROVIDED IN PERTINENT PART AS FOLLOWS:

"WHEN A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE STATION ORDERS TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY HIM * * * HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE AT WHICH THE DEPENDENTS ARE LOCATED ON THE DATE HE RECEIVED SUCH ORDERS TO ANY PLACE IN THE UNITED STATES WHICH HE MAY DESIGNATE * * * NOT TO EXCEED THE DISTANCE FROM THE LAST POINT TO WHICH THEY WERE TRANSPORTED AT GOVERNMENT EXPENSE TO THE PLACE SO DESIGNATED * * *. WHEN THE RESTRICTION IS REMOVED OR WHEN THE MEMBER IS TRANSFERRED TO A DUTY STATION TO WHICH MOVEMENT OF DEPENDENTS IS AUTHORIZED, HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE AFOREMENTIONED DESIGNATED PLACE TO HIS DUTY STATION.'

SINCE SUCH PROVISIONS EXPRESSLY AUTHORIZED TRANSPORTATION ONLY TO "ANY PLACE IN THE UNITED STATES" THEY MAY NOT SERVE AS AUTHORITY FOR THE TRANSPORTATION OF YOUR WIFE AT GOVERNMENT EXPENSE FROM THE OLD STATION TO CAMP PENDLETON TO MEXICO CITY, LOCATED OUTSIDE THE UNITED STATES, AND SUBSEQUENTLY FROM THAT POINT TO CAMP LEJEUNE. COMPARE B 118971, AUGUST 11, 1954. HOWEVER, THE FACT THAT SHE DID NOT TRAVEL TO A DESIGNATED PLACE WITHIN THE MEANING OF THE REGULATIONS DOES NOT NULLIFY YOUR RIGHT UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AND PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS, TO TRANSPORTATION OF DEPENDENTS BETWEEN STATIONS OR OTHER POINTS AT GOVERNMENT EXPENSE INCIDENT TO THE CHANGES OF STATION DIRECTED BY THE ORDERS OF JUNE 13, 1953, AND JUNE 27, 1954, CONSISTENT WITH THE LIMITATION IMPOSED ON SUCH TRANSPORTATION BY THE ADMINISTRATIVE PROHIBITION AGAINST YOUR DEPENDENTS ACCOMPANYING YOU TO YOUR OVERSEAS STATION. THUS, IT APPEARS THAT YOU ARE PROPERLY ENTITLED UNDER PARAGRAPH 7057 OF THE JOINT TRAVEL REGULATIONS TO AN ALLOWANCE FOR TRANSPORTATION OF YOUR WIFE FROM CAMP PENDLETON TO MEXICO CITY, NOT TO EXCEED THAT AUTHORIZED FOR THE DISTANCE FROM CAMP PENDLETON TO SAN FRANCISCO, CALIFORNIA, APPROPRIATE PORT OF EMBARKATION FOR DEPENDENT'S TRAVEL TO THE FAR EAST, INCIDENT TO YOUR TRANSFER TO THAT AREA UNDER THE ORDERS OF JUNE 13, 1953. UNDER PARAGRAPH 7058 YOU ARE ENTITLED TO AN ALLOWANCE FOR HER TRANSPORTATION FROM MEXICO CITY TO CAMP LEJEUNE, NOT TO EXCEED THAT AUTHORIZED FOR THE DISTANCE FROM SAN FRANCISCO TO CAMP LEJEUNE, INCIDENT TO YOUR CHANGE OF STATION TO CAMP LEUEUNE UNDER THE ORDERS OF JUNE 27, 1954.

A STATEMENT AS TO THE MEANS OF TRANSPORTATION USED BY YOUR WIFE IN PROCEEDING TO MEXICO CITY AND THENCE TO CAMP LEJEUNE, AND OF THE TRANSPORTATION EXPENSES INCURRED FOR THAT TRAVEL WERE NOT FURNISHED WITH YOUR CLAIM. IT IS APPARENT THAT SUCH TRAVEL WAS BY AIR IN VIEW OF THE SHORT TRAVEL PERIODS INDICATED AND OF THE FACT THAT THE POINTS OF DEPARTURE FROM AND REENTRY INTO THE UNITED STATES ARE SHOWN TO HAVE BEEN SAN DIEGO, CALIFORNIA, AND MIAMI, FLORIDA, RESPECTIVELY. FOR THE TRAVEL WITHIN THE UNITED STATES YOU ARE ENTITLED TO SIX CENTS PER MILE UNDER THE PROVISIONS OF PARAGRAPH 7003 OF THE JOINT TRAVEL REGULATIONS. ANY ADDITIONAL AMOUNT THAT MAY BE DUE FOR THE REMAINING TRAVEL, WITHIN THE INDICATED LIMITATION, HOWEVER, WOULD ARISE UNDER THE PROVISIONS OF PARAGRAPH 7002 OF THE REGULATIONS WHICH PROVIDES AUTHORITY FOR REIMBURSEMENT FOR COMMERCIAL AIR TRAVEL OF DEPENDENTS OUTSIDE THE UNITED STATES ON AN ACTUAL COST BASIS ONLY.

ACCORDINGLY, IN A SETTLEMENT TO ISSUE IN DUE COURSE YOU WILL BE ALLOWED A MONETARY ALLOWANCE OF SIX CENTS PER MILE FOR THE OFFICIAL DISTANCES FROM CAMP PENDLETON TO SAN DIEGO AND FROM MIAMI TO CAMP LEJEUNE, THAT BEING THE TRAVEL PERFORMED WITHIN THE UNITED STATES. THERE IS NO PROPER BASIS ON THE PRESENT RECORD FOR AN ADDITIONAL ALLOWANCE INCIDENT TO THE AIR TRAVEL PERFORMED OUTSIDE THE UNITED STATES IN THE ABSENCE OF EVIDENCE OF THE EXPENDITURES MADE BY YOU FOR THAT TRAVEL.