§ 406. — Travel and transportation allowances: dependents; baggage and household effects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC406]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 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.
(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:
Without With
Pay Grade Dependents Dependents
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
(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 su
