Both Regulars and Reservists are entitled, under the provisions of subsection 303 (a), Career Compensation Act of 1949 (63 Stat. 813; 37 U.S.C. 253), to travel allowances for travel performed from last duty station to home upon retirement. The rule which allows Regulars, who generally have no fixed home at the time of retirement, to select such a home may not be extended to Reservists, who generally have such a home (the home of record). Accordingly, a Reservist may not select a home upon retirement for purposes of travel allowance. MS Comp Gen B-116568, 33 Comp Gen 386, 10 March 1954, reconsidering and reaffirming a prior decision of the same number dated 21 September 1953.

Travel allowances for enlisted man directed to proceed to his home or some other place to await disability retirement orders, see MS Comp Gen B-111899, MIL PERS § 37.1.

The vessel on which a Navy enlisted man was serving arrived at Long Beach, California, in the latter part of November 1951. His wife, who had remained in Pennsylvania while he was on sea duty, had arranged for a short leave from her employment and joined him at Long Beach the day following his arrival. They then proceeded to San Diego pursuant to orders transferring him to a separation station at San Diego for release from active duty. Release from active duty was effected by orders issued at San Diego on 19 December 1951 and the enlisted man and his wife then traveled together back to Pennsylvania. Held: The law does not contemplate the furnishing of transportation at Government expense for the wife's travel under the above circumstances. It is apparent that the purpose of his wife's trip to Long Beach was to visit the enlisted man and to accompany him home on his release from active duty, rather than for the purpose of establishing a residence at that place. MS Comp Gen B-118068, 33 Comp Gen 307. 26 January 1954.

A corporal with less than seven years' service was returned to the United States from his overseas station and assigned to Officer Candidate School, Fort Riley, Kansas. On 6 December 1952, having been appointed a second lieutenant on that date, he was ordered to temporary active duty pending further orders and directed to proceed to Medical Field Service School, Brooke Army Medical Corps, Fort Sam Houston, Texas, it being stated that transportation of dependents was not authorized and that his home was San Antonio, Texas. By orders dated 11 February 1953, upon completion of the course, he was assigned to Brooke Army Medical Center, Fort Sam Houston, Texas, for duty, effective 20 March 1953. His dependent wife traveled from Topeka to San Antonio (Fort Riley to Fort Sam Houston) at personal expense incident to the orders of 6 December 1952. Held: Since he was a corporal with less than seven years' serv

ice when assigned to Officer Candidate School at Fort Riley, he was not entitled to transportation for his wife to Fort Riley although it was a permanent station in that the course of instruction was more than twenty weeks' duration. However, at the time he was ordered from that station to temporary duty at Fort Sam Houston he was in a pay grade entitled to transportation of dependents, and since the orders of 6 December 1952 fully detached him from Fort Riley, a right thereupon accrued to him to transport his dependent subject to reimbursement on the basis of the distance from the old permanent station, Fort Riley, to the new permanent station when assigned. This officer's dependent having traveled from Fort Riley, subsequent to his detachment at that station, to Fort Sam Houston, he is entitled to reimbursement therefor as for travel incident to permanent change of station orders notwithstanding the fact that this new permanent station was initially a temporary station or the further fact that it was in the immediate vicinity of his home of record. (Citing sec 303 (c) of the Career Compensation of 1949, ML 1949, App C, 63 Stat 814; Joint Travel Regulations, pars 7000 and 7007.) MS Comp Gen B-116412. 19 August 1953.

§ 43.3. Number of dependents.

An officer was transferred from Fort Sam Houston, Texas, to Japan for duty. His dependents, a wife and seven children, were authorized upon call of the port commander to proceed from San Antonio, Texas, to the Port of Debarkation for further movement by water transportation to Japan. Three dependents were issued transportation requests and traveled from San Antonio to San Francisco by rail at Government expense. Five other dependents traveled between the same points by privately owned automobile at personal expense. Monetary allowance was claimed for this travel. Held: It is the intent of the statute and the regulations issued pursuant thereto that an officer ordered to make a permanent change of station shall be furnished transportation for all eligible dependents regardless of numbers. Hence, where an officer, as in this case, has dependents in such numbers that even when traveling at the same time between the same points all cannot travel by privately owned conveyance, and some necessarily travel by common carrier on transportation requests, no reason is perceived why the officer should not be reimbursed for dependent travel performed by private conveyance computed without reference to the value of the transportation in kind furnished for the remaining dependents. (Citing sec 303 (c) of the Career Compensation Act of 1949, 63 Stat 814; Joint Travel Regulations, pars 7002 and 7003.) MS Comp Gen B-116453, 33 Comp Gen 77. 14 August 1953.

§ 43.5. Members on temporary duty, generally.

An officer, who was given a permanent change of station to Fort Bragg, North Carolina, with temporary duty en route at Fort Benning, Georgia, for the purpose of attending two separate courses of instruction, which, taken together, would cover approximately twentyone weeks, would be entitled to transportation for his dependents to his temporary duty station. The two courses of instruction, though

separately each was of less than twenty weeks' duration, were "contemplated to be for a duration of twenty weeks or more" within the meaning of sub-par 7007-2, Joint Travel Regulations, which authorizes transportation of dependents at government expense to the temporary duty station in such instances. However, the shipment of household goods between his former station and his temporary duty station is limited to the extent of his authorized temporary change of station weight allowance, as provided in subpar 8007-3, Joint Travel Regulations. JAGA 1953/1576. 9 March 1953.

§ 43.7. Retired persons or persons awaiting retirement.

Transportation of dependents of enlisted man directed to proceed to his home or some other place to await disability retirement orders, see MS Comp Gen B-111899, MIL PERS § 37.1.

§ 46. Transportation to Station outside United States

§ 46.1. Generally.

An officer was relieved from assignment at Fort Knox, Kentucky, and transferred to Camp Kilmer, New Jersey for shipment to the Canal Zone with thirty days delay to count as leave. He was advised that housing for dependents was critically short in the Canal Zone and that concurrent travel for his dependent could not be authorized. However, he was subsequently advised that due to an unexpected availability of quarters, coordinated travel in his case was authorized. His wife was directed upon call of the Port Commander to proceed to the port of embarkation for further transportation to the overseas station and the officer was transferred from Camp Kilmer to the Port of Embarkation for concurrent travel to his overseas station. The officer certified that his wife commenced travel from Fort Knox on the date he left his old duty station in leave status and that she went to Los Angeles and that from there she traveled to the new station the Canal Zone via Fort Hamilton, New York, the Port of Embarkation. For all of this travel he was paid only an allowance for dependent travel from Fort Knox, his old station, to the Port of Embarkation. Held: Since the officer's dependent was authorized to and did travel to the overseas station at the same time as the officer himself, no further payment is authorized. Under paragraph 7008-2a and b, Joint Travel Regulations, where concurrent travel is authorized, a member is entitled to transportation of dependents at Government expense from the point where the dependents are located upon receipt of change of station orders to the Port of Embarkation, not to exceed the cost from the old permanent station to the Port. Paragraph 7008-3, Joint Travel Regulations, authorizing additional travel allowance from the old permanent station to some other place and then to the Port of Embarkation is applicable only where concurrent travel of the officer and his dependents is prohibited. MS Comp Gen B-116900, 33 Comp Gen 160. 9 October 1953.

§ 47. Transportation from Stations outside United States

§ 47.1. Generally.

An officer was transferred from Japan to the United States and assigned to duty at Fort Meade, Maryland, with 30 days' delay en route. The officer was accompanied by his wife, who had been a civilian employee of the Army, and was authorized to travel to West Lawn, Pennsylvania, at government expense. The officer while on leave in St. Paul, Minnesota, and prior to reporting at Fort Meade, was transferred to Fort Knox, Kentucky, for duty. His wife, having traveled to West Lawn, Pennsylvania, at government expense in her own right, traveled to Fort Knox, at personal expense. Held: Inasmuch as the officer's wife was present at his old permanent station outside the United States, the officer became entitled to an allowance for her travel in the United States from the port of debarkation (in this case San Francisco, California) to his ultimate new permanent station (Fort Knox, Kentucky), provided such entitlement was not nullified by the receipt by his wife of a travel allowance in her own right. However, since it appears that the officer's wife received mileage and per diem in her own right for travel from San Francisco, California, to West Lawn, Pennsylvania, or for a distance greater than from the port of debarkation to the officer's new permanent station, no allowance is payable for her travel from West Lawn, Pennsylvania, to Fort Knox, Kentucky. (See sec 303(c), Career Compensation Act of 1949, 63 Stat 814, ML 1949, App C; pars 7003-1, 7000-3, 7000-13, 7050, Joint Travel Regulations.) MS Comp Gen B-114587, — Comp Gen —, 7 May 1953.

An enlisted man was released from duty overseas and reassigned to the Army Personnel Center, Camp Kilmer, New Jersey, and directed to proceed thereto for reassignment in the United States. By special orders, Headquarters, Camp Kilmer, New Jersey, dated 9 April 1952, he was transferred to a Replacement Detachment, Camp Atterbury, Indiana, for leave and reassignment and directed to report there on 12 April 1952. By special orders of the Replacement Detachment at Camp Atterbury, dated 27 May 1952, he was relieved from his assignment at that station and transferred and directed to proceed to a reception center at Fort Ord, California, and report thereat on 8 June 1952. No delay en route or leave was authorized therein, but travel by privately owned automobile was authorized. The orders directed travel to Fort Ord only on a temporary assignment contemplating subsequent assignment. The enlisted man was given permanent duty assignment at Fort Ord by orders dated 25 June 1952. He appears to have been detached at Camp Atterbury on 29 May 1952, under orders of 27 May and he was married in Ohio on 2 June 1952. He and his wife proceeded by privately owned vehicle from Ohio to Fort Ord during the period 3 to 8 June 1952 and he claimed allowances for his wife's travel on the basis of the distance from Camp Atterbury to Fort Ord, which was a less distance from that of the place of his marriage in Ohio to Fort Ord. Held: Par 7060-3, Joint Travel Regulations, which provides that a member detached from an overseas permanent station and assigned a temporary station in the United States for

processing and disposition and who marries prior to the expiration of leave granted after arrival at the temporary station and prior to the effective date of orders directing a new permanent station is entitled to transportation of his dependents at government expense from the place of marriage to the new station not to exceed that from the temporary station to the new permanent station, contemplates situations where a member who after arrival at a temporary station in the United States and after receipt of orders to a permanent station marries before the effective date of such orders, or, in other words, before required to travel in compliance with those orders. Under the cited regulation, a member detached overseas without assignment to a new permanent station who is married while on temporary assignment in the United States and not under immediate orders to travel to another station (i.e., before the effective date of orders requiring travel away from the temporary station) would be entitled upon ultimate assignment to a permanent duty station to transportation for his wife from the place of marriage to the new permanent station not to exceed that from the temporary station to such new station. Par 3003-1b of the Joint Travel Regulations, provides that the effective date of permanent change of station orders issued to a member which do not involve leave or delay en route is the date of the member's relief from the old station (detachment). No leave or delay being involved in the orders of 27 May 1952, their effective date should be considered as the date of the enlisted man's detachment on May 29. Since he was not married until a day subsequent to such detachment date there is no authority under the cited regulations for payment of the travel allowances for his wife. MS Comp Gen B-113556, 32 Comp Gen 543. 9 June 1953.

An officer made claim (1) for mileage for travel performed from Fort Hamilton, New York to Camp Cooke, California, to Red River Arsenal, Texarkana, Texas, less a sum received for mileage from Fort Hamilton to Red River Arsenal and (2) for reimbursement for transportation for dependents from Grand Prairie, Texas, to Long Beach, California, to Texarkana, Texas. By orders issued at Fort Hamilton the officer was transferred from Germany to the United States, and assigned to duty at Camp Cooke, California, 30 days' delay en route chargeable as leave being authorized, it being further stated in his orders that his leave address would be Long Beach, California. His dependents had previously traveled from Germany to Grand Prairie, Texas, at Government expense. While en route to his leave address and prior to reporting at Camp Cooke the officer was transferred to Red River Arsenal, Texarkana, Texas, for duty. Prior to the officer's entry into the United States his dependents traveled from Grand Prairie, Texas, to Long Beach, California, at personal expense and later traveled to his new station. Held: The orders transferring the officer from the station outside the United States to duty at Camp Cooke, California, with leave en route, were changed prior to their effective date by orders directing him to report to Red River Arsenal, Texas, for duty. Under the law and regulations he became entitled to mileage from the port of debarkation (Fort Hamilton, New York), to his ultimate new permanent station