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B-190897 1 (1978-03-14)

handle is hein.gao/gaobadrjo0001 and id is 1 raw text is: ..... .... ,+r.. 4 5 7 THE COMPTtr:LLER GENERAL 4K 14 4 i 1E UNITED STATES A S H' I 1\,N G 7 0 N , D C 20, E B -190897 DATE: March 14, 1978 AATTER OF: Colonel USAF OIGEST: Member of armed services stationed overseas whose dependent son returned to the United States for his second year of college is not entitled to reimbursement for such travel not- withstanding orders issued subsequent to the travel stated that the travel was in accordance with paragraph 1V17103-2, item 7, 1 JTR, and the Base Commander certified that the delay in publishing the orders was through no fault of the member. Even if orders had been timely issued, there is no legal basis for such travel at Government expense because the law and regulations authorize such travel only if there is a lack of overseas educational facilities which arose after the dependent's arrival at the overseas station, and that was not the case. 47 Comp. Gen. 151 (1967). This action is in response to a communication from Colonel in effect appealing our Claims Division settlement of April 5, 1976, disallowing his claim for reimbursement for his dependent son's travel from England to San Marcos, Texas, for the purpose of returning to college, The file shows that while stationed in England, Colonel by document dated Augu_5t 22, 1974, requested, under the provisions of paragraph M7l03-2,Vitem 7, and M8303, Volume I, Joint Travel Regu- lations (1 JTIR), the early return of his dependent son from the member's duty station in England to South West Texas State University, San Marcos, Texas, during the month of August 1974. The early return was not in connection with a permanent change of station of the member. The justification given for the early return was to attend college. The member indicates that his son was returning to enter his second year of college. This request was approved August 27, 1974, with the statement that shipment of household goods in accordance with para- graph M7103-2$item 7, and M8303,f'-l JTR, was not authorized. However, Special Order No, TA-382 which authorized the travel of the member's son to San Marcos, Texas, was not issued until September 19, 1974. A statement from the member's Base Commander certified that Colonel = was advised prior to August 24, 1974, that travel orders ~-i \~~'

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