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U.S. Code as of:
01/19/04
Section 406. Travel and transportation allowances: dependents; baggage and household effects
(a)(1) Except as provided in paragraph (2), a member of a
uniformed service who is ordered to make a change of permanent
station is entitled to transportation in kind, reimbursement
therefor, or a monetary allowance in place of the cost of
transportation, plus a per diem, for the member's dependents at
rates prescribed by the Secretaries concerned, but not more than
the rate authorized under section 404(d) of this title. The
Secretary concerned may also reimburse the member for mandatory pet
quarantine fees for household pets, but not to exceed $550 per
change of station, when the member incurs the fees incident to such
change of station.
(2)(A) Except as provided in subparagraph (B), a member who -
(i) is separated from the service or released from active duty;
and
(ii) on the date of his separation from the service or release
from active duty, has not served on active duty for a period of
time equal to at least 90 percent of the period of time for which
he initially enlisted or otherwise initially agreed to serve,
may be provided transportation under this subsection for his
dependents only by transportation in kind by the least expensive
mode of transportation available or by a monetary allowance that
does not exceed the cost to the Government of such transportation
in kind.
(B) Subparagraph (A) does not apply to a member -
(i) who is retired, or is placed on the temporary disability
retired list, under chapter 61 of title 10;
(ii) who is separated from the service or released from active
duty for a medical condition affecting the member, as determined
by the Secretary concerned;
(iii) who is separated from the service or released from active
duty because the period of time for which the member initially
enlisted or otherwise initially agreed to serve has been reduced
by the Secretary concerned and is separated or released under
honorable conditions;
(iv) who is discharged under section 1173 of title 10; or
(v) who is involuntarily separated from active duty during the
period beginning on October 1, 1990, and ending on December 31,
2001.
(3) The allowances authorized under this subsection may be paid
in advance.
(4) In this section, the term "involuntarily separated" has the
meaning given that term in section 1141 of title 10.
(b)(1)(A) Except as provided in paragraph (2), in connection with
a change of temporary or permanent station, a member is entitled to
transportation (including packing, crating, drayage, temporary
storage, and unpacking) of baggage and household effects within the
weight allowances listed in subparagraph (C), without regard to the
comparative costs of the various modes of transportation. Temporary
storage in excess of 180 days may be authorized. Alternatively, the
member may be paid reimbursement or a monetary allowance under
subparagraph (F).
(B) Subject to uniform regulations prescribed by the Secretaries
concerned, in the case of a permanent change of station in which
the Secretary concerned has authorized transportation of a motor
vehicle under section 2634 of title 10 (except when such
transportation is authorized from the old duty station to the new
duty station), the member is entitled to a monetary allowance for
transportation of that motor vehicle -
(i) from the old duty station to -
(I) the customary port of embarkation which is nearest the
old duty station if delivery of the motor vehicle to the port
of embarkation is not made in conjunction with the member's
travel to the member's port of embarkation; or
(II) the customary port of embarkation which is nearest to
the member's port of embarkation if delivery of the motor
vehicle to the port of embarkation is made in conjunction with
the member's travel to the member's port of embarkation;
whichever is most cost-effective for the Government considering
all operational, travel, and transportation requirements incident
to such change of station; and
(ii) from the customary port of debarkation which has been
designated by the Government as most cost-effective for the
Government considering all operational, travel, and
transportation requirements incident to such change of station to
the new duty station.
Such monetary allowance shall be established at a rate per mile
that does not exceed the rate established under section 404(d)(1)
of this title. If clause (i)(I) applies to the transportation by
the member of a motor vehicle from the old duty station, the
monetary allowance under this subparagraph shall also cover return
travel to the old duty station by the member or other person
transporting the vehicle. In the case of transportation described
in clause (ii), the monetary allowance shall also cover travel from
the new duty station to the port of debarkation to pick up the
vehicle. In the case of the transportation of a motor vehicle
arranged by the member under section 2634(h) of title 10, the
Secretary concerned may pay the member, upon presentation of proof
of shipment, a monetary allowance in lieu of transportation, as
established under section 404(d)(1) of this title.
(C) Under regulations prescribed by the Secretary of Defense, the
weight allowance in pounds to which a member is entitled under
subparagraph (A) is determined in accordance with the following
table:
Pay Grade Without With
Dependents Dependents
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O-10 to O-6 18,000 18,000
O-5 16,000 17,500
O-4 14,000 17,000
O-3 13,000 14,500
O-2 12,500 13,500
O-1 10,000 12,000
W-5 16,000 17,500
W-4 14,000 17,000
W-3 13,000 14,500
W-2 12,500 13,500
W-1 10,000 12,000
E-9 12,000 14,500
E-8 11,000 13,500
E-7 10,500 12,500
E-6 8,000 11,000
E-5 7,000 9,000
E-4 7,000 8,000
E-3 5,000 8,000
E-2 5,000 8,000
E-1 5,000 8,000
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(D) In connection with the change of temporary or permanent
station of a member in a pay grade below pay grade O-6, the
Secretary concerned may authorize a higher weight allowance than
the weight allowance determined under subparagraph (C) for the
member if the Secretary concerned determines that the application
of the weight allowance determined under such subparagraph would
result in significant hardship to the member or the dependents of
the member. An increase in weight allowance under this subparagraph
may not result in a weight allowance exceeding the weight allowance
specified in subparagraph (C) for pay grades O-6 to O-10, unless
the additional weight allowance in excess of such maximum is
intended to permit the shipping of consumables that cannot be
reasonably obtained at the new station of the member. The Secretary
of Defense shall prescribe regulations to carry out this
subparagraph.
(E) Under regulations prescribed by the Secretary of Defense, or
the Secretary of Homeland Security for the Coast Guard when it is
not operating as a service in the Navy, cadets at the United States
Military Academy, the United States Air Force Academy, and the
United States Coast Guard Academy, and midshipmen at the United
States Naval Academy shall be entitled, in connection with
temporary or permanent station change, to transportation of baggage
and household effects as provided in subparagraph (A). The weight
allowance for cadets and midshipmen is 350 pounds.
(F) A member entitled to transportation of baggage and household
effects under subparagraph (A) may, as an alternative to the
provision of transportation, be paid reimbursement or, at the
member's request, a monetary allowance in advance for the cost of
transportation of the baggage and household effects. The monetary
allowance may be paid only if the amount of the allowance does not
exceed the cost that would be incurred by the Government under
subparagraph (A) for the transportation of the baggage and
household effects. Appropriations available to the Department of
Defense, the Department of Homeland Security, and the Department of
Health and Human Services for providing transportation of baggage
or household effects of members of the uniformed services shall be
available to pay a reimbursement or monetary allowance under this
subparagraph. The Secretary concerned may prescribe the manner in
which the risk of liability for damage, destruction, or loss of
baggage or household effects arranged, packed, crated, or loaded by
a member is allocated among the member, the United States, and any
contractor when a reimbursement or monetary allowance is elected
under this subparagraph.
(G) Under regulations prescribed by the Secretary of Defense, the
Secretary concerned may pay a member a share (determined pursuant
to such regulations) of the savings resulting to the United States
when the total weights of the member's baggage and household
effects shipped and stored under subparagraph (A) are less than the
average weights of the baggage and household effects that are
shipped and stored, respectively, by other members in the same
grade and with the same dependents status as the member in
connection with changes of station that are comparable to the
member's change of station. The total savings shall be equal to the
difference between the cost of shipping and cost of storing such
average weights of baggage and household effects, respectively, and
the corresponding costs associated with the weights of the member's
baggage and household effects. For the administration of this
subparagraph, the Secretary of Defense shall annually determine the
average weights of baggage and household effects shipped and stored
in connection with a change of temporary or permanent station.
(2) The transportation and allowances authorized under paragraph
(1) may be paid or provided to a member upon his separation from
the service or release from active duty only if the member applies
for the transportation and allowances not later than 180 days after
the date of his separation or release from active duty. If a member
to whom this paragraph applies has been authorized nontemporary
storage under subsection (d), the 180-day period shall not begin
until such authorization for nontemporary storage expires. This
paragraph does not apply to a member to whom subsection (g)(1)
applies.
(c) The allowances and transportation authorized by subsections
(a) and (b) are in addition to those authorized by sections 403(c),
404, and 405 of this title and are -
(1) subject to such conditions and limitations;
(2) for such grades, ranks, and ratings; and
(3) to and from such places;
prescribed by the Secretaries concerned. Transportation of the
household effects of a member may not be made by commercial air
carrier at an estimated over-all cost that is more than the
estimated over-all cost of the transportation thereof by other
means, unless an appropriate transportation officer has certified
in writing to his commanding officer that those household effects
to be so transported are necessary for use in carrying out assigned
duties, or are necessary to prevent undue hardship and other means
of transportation will not fill those needs. However, not more than
1,000 pounds of unaccompanied baggage may be transported by
commercial air carrier, without regard to the preceding sentence,
under regulations prescribed under the authority of the Secretary
of Defense.
(d) The nontemporary storage of baggage and household effects may
be authorized in facilities of the United States, or in commercial
facilities when it is considered to be more economical to the
United States. However, the weight of baggage and household effects
stored, plus the weight of the baggage and household effects
transported, in connection with a change of station may not be more
than the maximum weight limitations in regulations prescribed by
the Secretaries concerned when it is not otherwise fixed by law. In
the event a member's baggage and household effects exceed such
maximum weight limitation, the Secretary concerned, if requested to
do so by the member, may pay the costs for the nontemporary storage
of that excess weight and collect the amount paid from the member's
pay and allowances, or collect the amount in such other manner as
the Secretary concerned determines appropriate. The nontemporary
storage of baggage and household effects may not be authorized for
a period longer than one year from the date the member concerned is
separated from the service, retired, placed on the temporary
disability retired list, discharged, or released from active duty,
except as prescribed in regulations by the Secretaries concerned
for a member who, on that date, or at any time during the one-year
period following that date, is confined in a hospital, or is in its
vicinity, undergoing medical treatment; or in the case of a member
who -
(1) is retired, or is placed on the temporary disability
retired list, under chapter 61 of title 10; or
(2) is retired with pay under any other law, or, immediately
following at least eight years of continuous active duty with no
single break therein of more than 90 days, is discharged with
separation pay or severance pay or is involuntarily released from
active duty with separation pay or readjustment pay.
Except in the case of a member who, on the date of his separation,
discharge, or release, or at any time during the one-year period
following that date, is confined in a hospital, or is in its
vicinity, undergoing medical treatment, the cost of the storage,
for the period that exceeds one year, shall be paid by the member.
(e) When orders directing a change of permanent station for the
member concerned have not been issued, or when they have been
issued but cannot be used as authority for the transportation of
his dependents, baggage, and household effects, the Secretaries
concerned may authorize the movement of the dependents, baggage,
and household effects and prescribe transportation in kind,
reimbursement therefor, or a monetary allowance in place thereof
(as the case may be), plus a per diem, as authorized under
subsection (a) or (b). This subsection may be used only under
unusual or emergency circumstances, including those in which -
(1) the member is performing duty at a place designated by the
Secretary concerned as being within a zone from which dependents
should be evacuated;
(2) orders which direct the member's travel in connection with
temporary duty do not provide for return to the permanent station
or do not specify or imply any limit to the period of absence
from his permanent station; or
(3) the member is serving on permanent duty at a station
outside the United States, in Hawaii or Alaska, or on sea duty.
(f) Under regulations prescribed by the Secretary concerned,
transportation for dependents, baggage, and household effects of a
member, plus a per diem for the member's dependents, is authorized
if he dies while entitled to basic pay under chapter 3 of this
title.
(g)(1) Under uniform regulations prescribed by the Secretaries
concerned, a member who -
(A) is retired, or is placed on the temporary disability
retired list, under chapter 61 of title 10;
(B) is retired with pay under any other law, or, immediately
following at least eight years of continuous active duty with no
single break therein of more than 90 days, is discharged with
separation pay or severance pay or is involuntarily released from
active duty with separation pay or readjustment pay; or
(C) is involuntarily separated from active duty during the
period beginning on October 1, 1990, and ending on December 31,
2001,
is, not later than one year from the date he is so retired, placed
on that list, involuntarily separated, discharged, or released,
except as prescribed in regulations by the Secretaries concerned,
entitled to transportation for his dependents, baggage, and
household effects to the home selected under section 404(c) of this
title, and to a per diem for his dependents. In addition, baggage
and household effects may be shipped to a location other than the
home selected by the member.
(2) If baggage and household effects of a member are shipped to a
place selected by a member as his home under section 404(c) of this
title that is not a place described in clause (A) or (B) of section
404(c)(2) of this title or to a location other than the home
selected by the member, or if transportation is provided for a
member's dependents to a place selected by the member as his home
under section 404(c) of this title that is not a place described in
clause (A) or (B) of section 404(c)(2) of this title, and the costs
of that shipment or transportation are in excess of those that
would have been incurred if the shipment had been made or the
transportation had been provided to a location in the United States
(other than Alaska or Hawaii), the member shall pay that excess
cost.
(3) If a member authorized to select a home under section 404(c)
of this title accrues that right or any entitlement under this
subsection but dies before he exercises it, that right or
entitlement accrues to and may be exercised by his surviving
dependents or, if there are no surviving dependents, his baggage
and household effects may be shipped to the home of the person
legally entitled to such baggage and effects. However, if baggage
and household effects are shipped under circumstances described in
paragraph (2) in which the member would have been required to pay
the excess costs of that shipment, the surviving dependents or the
person legally entitled to the baggage and household effects, as
the case may be, shall pay that excess cost.
(h)(1) If the Secretary concerned determines that it is in the
best interests of a member described in paragraph (2) or the
member's dependents and the United States, the Secretary may, when
orders directing a change of permanent station for the member
concerned have not been issued, or when they have been issued but
cannot be used as authority for the transportation of the member's
dependents, baggage, and household effects -
(A) authorize the movement of the member's dependents, baggage,
and household effects at the station to an appropriate location
in the United States or its possessions or, if the dependents are
foreign nationals, to the country of the dependents' origin and
prescribe transportation in kind, reimbursement therefor, or a
monetary allowance in place thereof, as the case may be, plus a
per diem, as authorized under subsection (a) or (b); and
(B) in the case of a member described in paragraph (2)(A),
authorize the transportation of one motor vehicle, which is owned
or leased by the member (or a dependent of the member) and is for
the personal use of a dependent of the member, to that location
by means of transportation authorized under section 2634 of title
10 or authorize the storage of the motor vehicle pursuant to
subsection (b) of such section.
If the member's baggage and household effects are in nontemporary
storage under subsection (d), the Secretary concerned may authorize
their movement to the location concerned and prescribe
transportation in kind or reimbursement therefor, as authorized
under subsection (b). For the purposes of this section, a member's
unmarried child for whom the member received transportation in kind
to his station outside the United States or in Hawaii or Alaska,
reimbursement therefor, or a monetary allowance in place thereof
and who, by reason of age or graduation from (or cessation of
enrollment in) an institution of higher education, would otherwise
cease to be a dependent of the member while the member was serving
at that station shall still be considered as a dependent of the
member.
(2) A member referred to in paragraph (1) is a member who -
(A) is serving at a station outside the United States or in
Hawaii or Alaska;
(B) receives an administrative discharge under other than
honorable conditions; or
(C) is sentenced by a court-martial -
(i) to be confined for a period of more than 30 days,
(ii) to receive a dishonorable or bad-conduct discharge, or
(iii) to be dismissed from a uniformed service.
(3) If a motor vehicle of a member (or a dependent of the member)
that is transported at the expense of the United States under this
subsection does not arrive at the authorized destination of the
vehicle by the designated delivery date, the Secretary concerned
shall reimburse the member for expenses incurred after that date to
rent a motor vehicle for the dependent's use. The amount reimbursed
may not exceed $30 per day, and the rental period for which
reimbursement may be provided expires after 7 days or on the date
on which the delayed vehicle arrives at the authorized destination
(whichever occurs first).
(4)(A) If a determination described in subparagraph (B) is made
with respect to a dependent of a member described in that
subparagraph and a request described in subparagraph (C) is made by
or on behalf of that dependent, the Secretary may provide a benefit
authorized for a member under paragraph (1) or (3) to that
dependent in lieu of providing such benefit to the member.
(B) A determination described in this subparagraph is a
determination by the commanding officer of a member that -
(i) the member has committed a dependent-abuse offense against
a dependent of the member;
(ii) a safety plan and counseling have been provided to that
dependent;
(iii) the safety of the dependent is at risk; and
(iv) the relocation of the dependent is advisable.
(C) A request described in this subparagraph is a request by the
spouse of a member, or by the parent of a dependent child in the
case of a dependent child of a member, for relocation.
(D) Transportation may be provided under this paragraph for
household effects or a motor vehicle only if a written agreement of
the member, or an order of a court of competent jurisdiction, gives
possession of the effects or vehicle to the spouse or dependent of
the member concerned.
(E) In this paragraph, the term "dependent-abuse offense" means
an offense described in section 1059(c) of title 10.
(i) A member traveling under orders who is relieved from a duty
station is entitled to transportation for his dependents, baggage,
and household effects, plus a per diem for the member's dependents,
regardless of the time the dependents, baggage, or household
effects arrive at their destination. Appropriations of the
Department of Defense available for travel or transportation that
are current when the member is relieved may be used to pay for the
transportation.
(j) Under uniform regulations prescribed by the Secretaries
concerned, a member with dependents who is ordered to make an
overseas permanent change of station and who, in anticipation of
his dependents accompanying him overseas, ships baggage and
household effects to that overseas station, may be authorized a
return shipment of the baggage and household effects if, after the
shipment, the member's dependents are unable to accompany him
overseas and the Secretary concerned determines that such inability
was unexpected and uncontrollable.
(k) For the purposes of this section, the residence of a
dependent of a member who is a student not living with the member
while at school shall be considered to be the permanent duty
station of the member or the designated residence of dependents of
the member if the member's dependents are not authorized to reside
with the member.
(l) No carrier, port agent, warehouseman, freight forwarder, or
other person involved in the transportation of property may have
any lien on, or hold, impound, or otherwise interfere with, the
movement of baggage and household goods being transported under
this section.
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