B-157013, SEP. 28, 1966

B-157013, SEP. 28, 1966

TO MAJOR CHARLES F. GREEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 27, 1966, AND ENCLOSURES, IN EFFECT REQUESTING ADDITIONAL REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENTS FROM EL PASO, TEXAS, TO MCGUIRE AIR FORCE BASE, NEW JERSEY, DURING THE PERIOD DECEMBER 1 TO 29, 1964.

BY SPECIAL ORDERS 147 DATED JUNE 9, 1964, AS AMENDED, YOU WERE RELEASED FROM THE 1ST OFFICERS STUDENT BATTERY, USAAMS, FORT SILL, OKLAHOMA, EFFECTIVE UPON COMPLETION OF THE COURSE OF INSTRUCTION THERE AND REASSIGNED TO THE 2D BATTALION, 7TH ARTILLERY, APO 112, NEW YORK, NEW YORK, WITH TEMPORARY DUTY EN ROUTE FOR APPROXIMATELY 8 WEEKS AT THE U.S. ARMY AIR DEFENSE SCHOOL, FORT BLISS, TEXAS. THE RECORD SHOWS THAT YOUR DEPENDENTS WERE RESIDING WITH YOU AT EL PASO, TEXAS, DURING THE PERIOD OF YOUR TEMPORARY DUTY AT FORT BLISS WHEN YOU WERE NOTIFIED THAT CONCURRENT TRAVEL FOR THEM TO YOUR OVERSEAS STATION WAS DISAPPROVED. AFTER YOU DEPARTED FOR YOUR OVERSEAS STATION WAS DISAPPROVED. AFTER YOU DEPARTED FOR YOUR OVERSEAS STATION YOUR DEPENDENTS REMAINED IN EL PASO UNTIL ON OR ABOUT DECEMBER 1, 1964, WHEN YOU SAY THEY VACATED QUARTERS THERE TO SPEND THE CHRISTMAS HOLIDAYS WITH YOUR WIFE'S PARENTS AT THEIR HOME IN OLEAN, NEW YORK, AND TO AWAIT A PORT CALL FOR MOVEMENT TO YOUR OVERSEAS STATION.

THE SETTLEMENT OF AUGUST 2, 1965, BY OUR CLAIMS DIVISION, AUTHORIZED REIMBURSEMENT TO YOU FOR THE TRANSPORTATION OF YOUR DEPENDENTS FOR THE DISTANCE FROM FORT SILL, OKLAHOMA, TOEL PASO, TEXAS; FROM EL PASO, TEXAS, TO MCGUIRE AIR FORCE BASE, NEW JERSEY, NOT TO EXCEED THE DISTANCE FROM OLEAN, NEW YORK, TO MCGUIRE AIR FORCE BASE, NEW JERSEY; AND FROM FRANKFURT, GERMANY, TO AUGSBURG, GERMANY.

IN YOUR LETTER OF JULY 27, 1966, YOU SAY THAT YOUR DEPENDENTS DEPARTED EL PASO FOR A TEMPORARY VISIT TO OLEAN AFTER VERBAL NOTIFICATION THAT APPROVAL HAD BEEN GIVEN FOR THEIR TRAVEL TO GERMANY. YOU EXPRESS THE VIEW THAT THE TEMPORARY ABSENCE FROM THE DESIGNATED RESIDENCE IN EL PASO DID NOT CHANGE YOUR ENTITLEMENT FOR THEIR TRAVEL FROM THE DESIGNATED PLACE.

PARAGRAPH M7000 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO 37 U.S.C. 406, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS. PARAGRAPH M7005 OF THE REGULATIONS PROVIDES THAT A MEMBER TRANSFERRED OR ASSIGNED BY PERMANENT CHANGE OF STATION ORDERS TO A RESTRICTED AREA IS ENTITLED TO TRANSPORTATION OF DEPENDENTS TO ANY PLACE DESIGNATED BY HIM IN THE UNITED STATES OR, IN LIMITED CIRCUMSTANCES, TO THE POINT OF DEPARTURE OF DEPENDENTS FROM THE UNITED STATES, OR TO CERTAIN OVERSEAS LOCATIONS, IF APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED.

PARAGRAPH M7005-4 OF THE REGULATIONS PROVIDES THAT WHEN THE RESTRICTION AGAINST TRAVEL OF DEPENDENTS TO THE MEMBER'S PERMANENT DUTY STATION IS REMOVED, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE DESIGNATED PLACE, OR FROM THE PLACE THE DEPENDENTS ARE THEN LOCATED, WHICHEVER RESULTS IN THE LESSER ENTITLEMENT, TO THE MEMBER'S CURRENT DUTY STATION. PARAGRAPH M7001 DEFINES A DESIGNATED PLACE FOR PURPOSES OF ENTITLEMENT TO DEPENDENT'S TRAVEL TO BE THE PLACE WHERE THE MEMBER'S DEPENDENTS WILL ESTABLISH A BONA FIDE RESIDENCE DURING THE INTERIM PERIOD UNTIL FURTHER TRANSPORTATION IS AUTHORIZED.

YOU WERE REIMBURSED FOR THE TRANSPORTATION OF YOUR DEPENDENTS FROM FORT SILL, OKLAHOMA, TO EL PASO, TEXAS, ON THE BASIS THAT WHEN YOU LEFT FORT BLISS FOR YOUR OVERSEAS STATION YOU INTENDED EL PASO TO BE THE DESIGNATED PLACE FOR YOUR DEPENDENTS TO RESIDE UNTIL THEY WERE AUTHORIZED TO PROCEED TO YOUR OVERSEAS STATION. HOWEVER, THEY HAD LEFT EL PASO AND WERE VISITING IN OLEAN, NEW YORK, WHEN THEY RECEIVED AN AUTHORIZATION TO TRAVEL FROM OLEAN TO YOUR OVERSEAS STATION. UNDER THE PLAIN TERMS OF THE REGULATIONS IF A MEMBER'S DEPENDENTS ARE NOT AT THE DESIGNATED PLACE WHEN THE RESTRICTION AGAINST THEIR TRAVEL TO HIS STATION IS REMOVED, THEIR TRANSPORTATION IS AUTHORIZED FROM THE DESIGNATED PLACE OR THE PLACE THEY ARE THEN LOCATED, WHICHEVER RESULTS IN THE LESSER AMOUNT, TO THE MEMBER'S CURRENT STATION. THE FACT THAT THE ABSENCE FROM THE DESIGNATED PLACE MAY ONLY BE TEMPORARY, AS FOR A VISIT, AFFORDS NO BASIS TO ALLOW A GREATER AMOUNT.

NO OFFICIAL EVIDENCE HAS BEEN FURNISHED TO SUPPORT YOUR STATEMENT THAT YOUR DEPENDENTS DEPARTED FROM EL PASO AFTER VERBAL NOTIFICATION THAT APPROVAL HAD BEEN GIVEN FOR THEIR TRAVEL TO YOUR STATION IN GERMANY. IN A STATEMENT DATED FEBRUARY 18, 1965, ACCOMPANYING YOUR CLAIM, YOU RELATED THAT ON OR ABOUT DECEMBER 20, 1964, YOU WERE INFORMED THAT A PORT CALL HAD BEEN SENT TO YOUR WIFE AND THAT AFTER WAITING A FEW DAYS, YOU CALLED HER BY TRANS-ATLANTIC TELEPHONE AND LEARNED THAT SHE HAD NOT RECEIVED ANY INFORMATION REGARDING THE PORT CALL.

IN RESPONSE TO A TRACER THAT WAS SENT CONCERNING THE MATTER, HEADQUARTERS FIRST U.S. ARMY, CONTACTED YOUR WIFE AND ISSUED ORDERS ON DECEMBER 23, 1964, WHICH AUTHORIZED HER AND YOUR CHILDREN, UPON CALL OF THE ARMY TERMINAL COMMANDER, TO TRAVEL AT GOVERNMENT EXPENSE FROM OLEAN, NEW YORK, TO AUGSBURG, GERMANY. THEY DEPARTED ON DECEMBER 29, 1964, AND ARRIVED IN AUGSBURG THE FOLLOWING DAY. YOU SAID THAT ABOUT 3 WEEKS LATER, YOU RECEIVED ORDERS FOR YOUR DEPENDENTS' TRAVEL WHICH HAD BEEN SENT TO YOUR EL PASO ADDRESS, FORWARDED TO OLEAN AND THEN TO YOUR OVERSEAS ADDRESS. THESE ORDERS WERE DATED DECEMBER 31, 1964, AND PROVIDED THAT, UPON CALL OF THE ARMY TERMINAL COMMANDER, YOUR DEPENDENTS WERE AUTHORIZED TO PROCEED FROM EL PASO TO THE PLACE DESIGNATED IN THE PORT CALL FOR FURTHER TRAVEL TO YOUR OVERSEAS STATION.

THEREFORE, INSOFAR AS THE RECORD HERE SHOWS, YOUR DEPENDENTS WERE NOT AUTHORIZED TO TRAVEL TO YOUR STATION PRIOR TO RECEIPT OF THE ORDERS OF DECEMBER 23, 1964. AT THAT TIME, THEY WERE AT OLEAN AND, AS EXPLAINED ABOVE, ENTITLEMENT WAS LIMITED TO THE DISTANCE FROM THAT PLACE TO THE PORT OF DEPARTURE, MCGUIRE AIR FORCE BASE, SINCE IT WAS LESS THAN FROM EL PASO, THEIR DESIGNATED PLACE OF RESIDENCE. ACCORDINGLY, ON THE PRESENT RECORD, REIMBURSEMENT FOR TRAVEL FROM EL PASO WAS PROPERLY LIMITED IN THE SETTLEMENT OF AUGUST 2, 1965, TO THE DISTANCE FROM OLEAN TO MCGUIRE AIR FORCE BASE.