B-130559, MAR. 12, 1957

B-130559, MAR. 12, 1957

TO GEORGE JONES, DISBURSING OFFICER, VIA THE COMMANDANT OF THE MARINE CORPS (COP), UNITED STATES MARINE CORPS:

BY FIRST ENDORSEMENT OF JANUARY 29, 1957, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF JANUARY 18, 1957, SUBMITTING FOR ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER COVERING REIMBURSEMENT FOR THE TRAVEL OF THE DEPENDENT WIFE OF CAPTAIN EARL F. ROTH, JR., USMC, FROM LAWTON, OKLAHOMA, TO SOUTH LAGUNA, CALIFORNIA, IN MAY 1955.

ORDERS OF DECEMBER 8, 1954, FROM THE COMMANDANT OF THE MARINE CORPS, DIRECTED THE OFFICER TO PROCEED FROM CAMP LEJEUNE, NORTH CAROLINA, TO CAMP PENDLETON, CALIFORNIA, AND REPORT FOR DUTY AND FURTHER TRANSPORTATION BEYOND THE SEAS DURING JULY 1955, WITH TEMPORARY DUTY UNDER INSTRUCTION EN ROUTE AT FORT SILL, OKLAHOMA, FOR A PERIOD OF ABOUT 12 WEEKS, REPORTING NOT LATER THAN FEBRUARY 10, 1955. IT IS SHOWN THAT TEMPORARY DUTY AT FORT SILL WAS COMPLETED ON MAY 5, 1955; THAT HE REPORTED AT CAMP PENDLETON ON MAY 27; AND THAT HE PROCEEDED OVERSEAS UNDER ORDERS OF SEPTEMBER 13, 1955. THE OFFICER WAS MARRIED ON MARCH 26, 1955. WHILE IT IS REPORTED THAT HIS DEPENDENT MOVED FROM SOUTH LAGUNA TO OCEANSIDE, CALIFORNIA, ON SEPTEMBER 1, 1955, AND THAT SHE TRAVELED THENCE TO SHEBOYGAN, WISCONSIN, THE FOLLOWING APRIL, THE OFFICER HAS CERTIFIED THAT SOUTH LAGUNA WAS THE PLACE WHERE HIS DEPENDENT ESTABLISHED A BONA FIDE RESIDENCE DURING THE INTERIM PERIOD UNTIL FURTHER TRAVEL WAS AUTHORIZED.

IN MOST CIRCUMSTANCES THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION ORDERS IS DETERMINED UNDER THE RULE PRESCRIBED IN PARAGRAPH 3003-1B, JOINT TRAVEL REGULATIONS, AND PARAGRAPH 7005-2, NAVY TRAVEL INSTRUCTIONS, BY ADDING THE AMOUNT OF LEAVE OR DELAY EN ROUTE TO THE DATE OF DETACHMENT FROM THE OLD STATION. HOWEVER, IF TEMPORARY DUTY EN ROUTE IS DIRECTED IN SUCH ORDERS, THE EFFECTIVE DATE OF THE ORDERS FOR THE PURPOSE OF DEPENDENTS' TRAVEL IS THE DATE OF DETACHMENT FROM TEMPORARY DUTY STATION. PARAGRAPH 7005-3A, NAVY TRAVEL INSTRUCTIONS. PARAGRAPH 7005-3B OF SUCH REGULATIONS STATES THAT THE GENERAL RULE AS IN PARAGRAPH 7005-2 APPLIES IN FIXING THE EFFECTIVE DATE OF ORDERS IN CASES INVOLVING TRAVEL OF DEPENDENTS UNDER ORDERS ASSIGNING A MEMBER TO A RESTRICTED AREA EVEN THOUGH SUCH ORDERS DIRECT TEMPORARY DUTY EN ROUTE. THIS IS IN LINE WITH THE PROVISIONS OF PARAGRAPH 7008-3, JOINT TRAVEL REGULATIONS, WHICH STATE THAT WHEN DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW STATION OUTSIDE THE UNITED STATES "AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION," TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE TO A DESIGNATED PLACE, WITHIN THE LIMITATIONS THERE PROVIDED. SINCE SOME DELAY OR TEMPORARY DUTY EN ROUTE ORDINARILY IS REQUIRED AT STAGING AREAS OR PORTS OF EMBARKATION IN SUCH CASES, IT APPARENTLY WAS INTENDED THAT DELAY OR TEMPORARY DUTY EN ROUTE WAS NOT TO HAVE THE EFFECT OF DELAYING THE EFFECTIVE DATE OF ORDERS DIRECTING THE PERMANENT CHANGE OF STATION TO RESTRICTED AREAS OVERSEAS. 33 COMP. GEN. 332. THE LATTER REGULATIONS HAVE NO APPLICATION IN CASES WHERE THERE ARE NO RESTRICTIONS AGAINST TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION, PARAGRAPH 7008-2, JOINT TRAVEL REGULATIONS, AS WAS THE CASE IN THE DECISION OF OCTOBER 11, 1956, B-129292, CITED IN YOUR LETTER.

SINCE IT IS SHOWN THAT CAPTAIN ROTH WAS MARRIED AFTER THE EFFECTIVE DATE OF THE ORDERS OF DECEMBER 8, 1956, REIMBURSEMENT FOR HIS WIFE'S TRAVEL TO SOUTH LAGUNA IS NOT AUTHORIZED AND NO RIGHT TO A DISLOCATION ALLOWANCE ACCRUED INCIDENT TO SUCH TRAVEL. SEE PARAGRAPHS 7060 AND 9006, JOINT TRAVEL REGULATIONS.

ACCORDINGLY, PAYMENT ON THE VOUCHER, RETAINED HERE, IS NOT AUTHORIZED. CAPTAIN ROTH'S ORIGINAL ORDERS ARE RETURNED HEREWITH.