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B-182998 1 (1975-08-01)

handle is hein.gao/gaobadckm0001 and id is 1 raw text is: 0DCL Dr THE COMPTA.JLLER GENERAL *ECISION * OF THE UNITED STATES WASHINGTON. O.C. 20548 NITE~ FILE: DATE: AUG 1 1975 B-182998 q73/7 MATTER OF: Entitlement to travel expenses of dependents * Sgt. Henry W. Simmons, USA, Retired DIGEST: Where dependents of Army Sergeant traveled to his intended home of selection prior to any determi- nation by headquarters responsible for issuing orders, to issue orders directing his retirement, the member is not entitled to reimbursement for travel expenses incurred by them. This decision is in response to the letter of October 7, 1974, of Sergeant First Class Henry W. Simmons, Retired, requesting re- consideration of his claim for dependent travel expenses, which was disallowed by settlement of the Transportation and Claims Division of this Office dated March 12, 1974. In the spring of 1966, Sergeant Simmons decided to retire on the date of the expiration of his term of service, October 31, 1966. In anticipation of his retirement, his dependents traveled on June 11, 1966, from his duty station, Fort Huachuca, Arizona, to Charleston, South Carolina, the place Sergeant Simmons designated as his home of selection upon retirement. However, no orders directing his retirement had been issued at this time. On July 22, 1966, the member agreed to serve another two years to meet the Army requirements for acceptance of promotion from staff sergeant to sergeant first class and on October 25, 1966, orders were issued directing Sergeant Simmons' discharge on October 30, 1966, and re- enlistment on October 31, 1966. No permanent change of station was involved. Under the applicable provisions of Volume 1, Joint Travel Regulations, which were promulgated in accordance with 37 U.S.C. 406(c), Sergeant Simmons is not entitled to reimbursement for the travel expenses of his dependents. Paragraph M700)0 of the regula- tions in effect at the time of their travel stated in pertinent part: 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 this volume, except:

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