B-131220, MAY 29, 1957

B-131220, MAY 29, 1957

TO CAPTAIN A. LEA, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY THIRD INDORSEMENT OF MARCH 22, 1957, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF FEBRUARY 18, 1957, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF ROSARIO F. FERRANDINO, CWO- 2, W 2 152 493, USA, FOR REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED JANUARY 10, 1957, AS AMENDED, MR. FERRANDINO WAS DETACHED FROM DUTY IN FRANCE AND ASSIGNED TO DUTY AT WASHINGTON, D.C. SUCH ORDERS AUTHORIZED 30 DAYS' LEAVE IN THE UNITED STATES, HIS LEAVE ADDRESS BEING SHOWN AS BROOKLYN, NEW YORK. CONCURRENT TRAVEL OF HIS DEPENDENTS FROM FRANCE TO THE UNITED STATES WAS AUTHORIZED. IT IS SHOWN THAT THE MEMBER AND HIS DEPENDENTS TRAVELED BY GOVERNMENT AIRCRAFT FROM FRANCE TO MCGUIRE AIR FORCE BASE, NEW JERSEY, WHERE THEY ARRIVED ON JANUARY 15, 1957; AND THAT HE REPORTED FOR DUTY AT WASHINGTON, D.C., ON FEBRUARY 13, 1957. HAS CERTIFIED THAT HIS DEPENDENTS (WIFE AND DAUGHTER AGE 8) TRAVELED AT PERSONAL EXPENSE FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO MT. VERNON, NEW YORK, BETWEEN JANUARY 15 AND 18, 1957, WHERE THEY ESTABLISHED A RESIDENCE. IT IS FURTHER SHOWN THAT THE MEMBER OBTAINED A DIVORCE FROM HIS WIFE, CHARLOTTE H. FERRANDINO, BY FINAL DECREE ISSUED IN THE CHANCERY COURT OF PONTOTAC COUNTY, MISSISSIPPI, DATED FEBRUARY 7, 1957. SUCH DECREE GRANTED CUSTODY OF HIS CHILDREN TO HIS FORMER WIFE AND HE WAS ORDERED TO PAY $150 PER MONTH FOR THE SUPPORT OF THE CHILDREN.

YOU SAY THAT DOUBT AS TO THE PROPRIETY OF PAYING THE MEMBER'S CLAIM FOR TRAVEL OF DEPENDENTS AND A DISLOCATION ALLOWANCE ARISES BECAUSE HE AND HIS DEPENDENTS SEPARATED UPON THEIR ARRIVAL AT MCGUIRE AIR FORCE BASE, NEW JERSEY, AND A DIVORCE WAS SUBSEQUENTLY GRANTED.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS, OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT SECTION, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS, EXCEPT IN SPECIFIED INSTANCES. PARAGRAPH 7057 OF THE SAME REGULATIONS PROVIDES THAT A MEMBER IN RECEIPT OF PERMANENT CHANGE OF STATION ORDERS IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE OLD PERMANENT STATION TO OTHER THAN THE NEW PERMANENT STATION NOT TO EXCEED THE COST FROM THE OLD TO THE NEW STATION.

SINCE THE MEMBER'S DEPENDENTS TRAVELED FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO MT. VERNON, NEW YORK, PRIOR TO THE DATE HE OBTAINED A DIVORCE FROM HIS FORMER WIFE, IT REASONABLY MAY BE CONSIDERED THAT SUCH TRAVEL OF HIS DEPENDENTS WAS PERFORMED INCIDENT TO HIS PERMANENT CHANGE OF STATION FROM OVERSEAS TO WASHINGTON, D.C. HENCE, HE IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS FROM MCGUIRE AIR FORCE BASE TO MT. VERNON, NOT TO EXCEED THE COST COMPUTED ON THE DISTANCE FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO WASHINGTON, D.C. SINCE HIS DEPENDENTS COMPLETED TRAVEL INCIDENT TO HIS PERMANENT CHANGE OF STATION, HE IS ALSO ENTITLED, UNDER PARAGRAPH 9002, JOINT TRAVEL REGULATIONS, TO A DISLOCATION ALLOWANCE.

ACCORDINGLY, PAYMENT OF THE SUBMITTED VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT. THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED.