B-129061, SEP. 21, 1956

B-129061, SEP. 21, 1956

TO MR. WILLIAM E. FISHER:

YOUR LETTER OF JULY 20, 1956, REQUESTS REVIEW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION ON THE VOUCHER RELEASED ON JUNE 7, 1956, IN THE SETTLEMENT OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR WIFE FROM NEW CUMBERLAND GENERAL DEPOT, NEW CUMBERLAND, PENNSYLVANIA, TO SALEM, OREGON, DURING THE PERIOD NOVEMBER 2 TO 12, 1955.

BY ORDERS DATED OCTOBER 18, 1955, YOU WERE RELEASED FROM ASSIGNMENT AT NEW CUMBERLAND GENERAL DEPOT AND DIRECTED TO REPORT TO FORT LEWIS, WASHINGTON, ON OR BEFORE DECEMBER 13, 1955, FOR SHIPMENT TO ALASKA. YOU WERE AUTHORIZED 30 DAYS' LEAVE EN ROUTE AND YOUR ORDERS SHOW YOUR LEAVE ADDRESS AS C/O ORVILL GRIMM, SALEM, OREGON. YOU AND YOUR WIFE TRAVELED TO SALEM, OREGON, WHERE SHE REMAINED UNTIL DECEMBER 1. IT APPEARS THAT IMMEDIATELY AFTER YOU REPORTED TO FORT LEWIS, YOUR WIFE TRAVELED TO TACOMA, WASHINGTON, WHERE SHE RESIDED FROM DECEMBER 2 TO 12 WHEN YOU BOTH RETURNED TO BALTIMORE, MARYLAND, AFTER YOUR DISCHARGE FROM THE SERVICE. YOU WERE ALLOWED MILEAGE FOR YOUR WIFE'S TRAVEL COMPUTED ON THE DISTANCE BETWEEN NEW CUMBERLAND AND YOUR HOME OF RECORD, ELLICOTT CITY, MARYLAND. YOUR CLAIM FOR THE COST OF YOUR WIFE'S TRAVEL TO SALEM WAS DISALLOWED FOR THE REASON THAT THE RECORD DID NOT SHOW SHE ESTABLISHED A RESIDENCE AT THAT PLACE. IN YOUR LETTER YOU SAY YOUR WIFE ESTABLISHED A RESIDENCE IN SALEM AND LEFT THERE FOR TACOMA, WASHINGTON, BECAUSE SHE WAS PREGNANT AND MEDICAL AND HOSPITAL BILLS WERE HIGH. YOU ENCLOSED A STUB OF AN ELECTRIC BILL WHICH SHOWED SERVICE WAS RENDERED TO YOU AT A SALEM ADDRESS FOR THE PERIOD ENDING DECEMBER 3, 1955.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES AT PUBLIC EXPENSE UPON CHANGE OF PERMANENT STATION IS AUTHORIZED BY SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 815. PARAGRAPH 7008-3 OF THE JOINT TRAVEL REGULATIONS, RELATING TO A PERMANENT CHANGE OF STATION OF A MEMBER FROM A STATION WITHIN THE UNITED STATES TO A STATION OUTSIDE THE UNITED STATES OR IN ALASKA, PROVIDES THAT WHEN THE DEPENDENTS OF THE MEMBER ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW STATION AT THE TIME HE DEPARTS FROM HIS OLD STATION, TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE PLACE THEY WERE LOCATED AT THE TIME OF RECEIPT OF THE ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE. ALSO, PARAGRAPH 7057 OF THE REGULATIONS PROVIDES THAT A MEMBER IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM HIS OLD STATION TO OTHER THAN HIS NEW STATION NOT TO EXCEED THE COST FROM THE OLD TO THE NEW STATION. HOWEVER, TRAVEL OF DEPENDENTS MAY NOT BE CONSIDERED TO BE WITHIN THE INTENT AND PURPOSE OF THE LAW AND REGULATIONS AUTHORIZING SUCH TRAVEL UNLESS SUCH TRAVEL ACTUALLY IS PERFORMED FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AND IS INCIDENT TO A CHANGE OF STATION OF THE PERSON IN THE ARMED SERVICES. REIMBURSEMENT FOR TRAVEL OF DEPENDENTS TO A PLACE OF TEMPORARY RESIDENCE FOR SUCH PURPOSES AS A VISIT OR FOR SPENDING A VACATION WITH THE MEMBER WHILE HE IS ON LEAVE IS NOT AUTHORIZED. SEE 33 COMP. GEN. 431.

WHILE YOU SAY YOUR WIFE ESTABLISHED A RESIDENCE AT SALEM AND ALSO AT TACOMA IT APPEARS THAT THEY WERE ONLY TEMPORARY RESIDENCES AND THAT, AS FAR AS THE PRESENT RECORD SHOWS, SALEM WAS ONLY A LEAVE ADDRESS, SINCE YOUR WIFE PROCEEDED TO TACOMA WHEN YOU REPORTED TO FORT LEWIS FOR DUTY AND FURTHER ASSIGNMENT. UNDER SUCH CIRCUMSTANCES, REIMBURSEMENT FOR THE COST OF THE TRANSPORTATION INCURRED BY YOUR WIFE IS NOT AUTHORIZED, AND THE SETTLEMENT OF JUNE 7, 1956, WAS CORRECT AND IS SUSTAINED.