B-154522, JANUARY 17, 1969, 48 COMP. GEN. 480

B-154522, JANUARY 17, 1969, 48 COMP. GEN. 480

MILITARY PERSONNEL - DISLOCATION ALLOWANCE - MEMBERS WITHOUT DEPENDENTS QUARTERS NOT ASSIGNED THE DISLOCATION ALLOWANCE AUTHORIZED BY PUBLIC LAW 90-207 (37 U.S.C. 407 (A) ( FOR MEMBERS WITHOUT DEPENDENTS WHO UPON PERMANENT CHANGE OF STATION ARE NOT ASSIGNED GOVERNMENT QUARTERS IS NOT PAYABLE TO EITHER OF THE TWO CREWS OF A NUCLEAR-POWERED SUBMARINE--- THE PERMANENT STATION OF BOTH CREWS--- AS THE ON-DUTY CREW IS FURNISHED QUARTERS ABOARD THE SUBMARINE AND THE OFF-CREW ASHORE FOR TRAINING AND REHABILITATION IS CONSIDERED TO BE AT A TEMPORARY DUTY STATION, WHETHER OR NOT THE SUBMARINE IS AT HOME PORT. THEREFORE, MEMBERS WHO INCIDENT TO TRANSFER ABOARD A SUBMARINE REPORT TO TEMPORARY STATION LOCATIONS ASHORE WHERE THEY DO NOT PERFORM BASIC DUTY ASSIGNMENTS ARE NOT ENTITLED TO A DISLOCATION ALLOWANCE, NOR IS THE ALLOWANCE PAYABLE TO MEMBERS REPORTING ABROAD THE SUBMARINE WHEN FIRST RELIEVED WITH THE ON SHIP CREW FOR TRAINING AND REHABILITATION. QUARTERS - FAILURE TO FURNISH - MILITARY PERSONNEL WITHOUT DEPENDENTS - DISLOCATION ALLOWANCE ALTHOUGH A MEMBER OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS WHO UPON REPORTING TO A SUBMARINE UNDER PERMANENT CHANGE-OF-STATION ORDERS IS ASSIGNED QUARTERS ON BOARD THE SUBMARINE IS NOT ENTITLED TO THE DISLOCATION ALLOWANCE AUTHORIZED IN 37 U.S.C. 407 (A) FOR MEMBERS WITHOUT DEPENDENTS WHO UPON PERMANENT CHANGE OF STATION ARE NOT ASSIGNED GOVERNMENT QUARTERS, HE WOULD BE ENTITLED TO THE ALLOWANCE IF HE REPORTS TO A NUCLEAR-POWERED SUBMARINE THAT IS UNDERGOING OVERHAUL OR REPAIR AT ITS HOME PORT OR HOME YARD AND QUARTERS ABOARD THE SUBMARINE ARE UNINHABITABLE, THE MEMBER IS NOT ASSIGNED QUARTERS ASHORE, AND LODGING ACCOMMODATIONS PURSUANT TO 10 U.S.C. 7572 (A) ARE NOT FURNISHED TO THE MEMBER.

TO THE SECRETARY OF THE NAVY, JANUARY 17, 1969:

REFERENCE IS MADE TO LETTER DATED OCTOBER 1, 1968, FROM THE ASSISTANT SECRETARY OF THE NAVY, REQUESTING A DECISION WHETHER MEMBERS WITHOUT DEPENDENTS ARE ENTITLED TO A DISLOCATION ALLOWANCE INCIDENT TO A PERMANENT CHANGE OF STATION TO A TWO-CREW NUCLEAR-POWERED SUBMARINE UNDER THE CIRCUMSTANCES DISCLOSED. THE REQUEST FOR DECISION HAS BEEN DESIGNATED PDTATAC CONTROL NO. 68-36, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY REFERS TO PUBLIC LAW 90-207, DATED DECEMBER 16, 1967, 81 STAT. 649, SECTION 1 (4) OF WHICH RESTATED SECTION 407 (A) OF TITLE 37, U.S.C. EFFECTIVE OCTOBER 1, 1967, TO PROVIDE AUTHORITY FOR PAYMENT OF A DISLOCATION ALLOWANCE TO MEMBERS WITHOUT DEPENDENTS WHO ARE TRANSFERRED TO A PERMANENT STATION WHERE THEY ARE NOT ASSIGNED TO QUARTERS OF THE UNITED STATES. HE STATES THAT, GENERALLY, MEMBERS WITHOUT DEPENDENTS ASSIGNED TO SHIPS, INCLUDING SUBMARINES, ARE PROVIDED QUARTERS ON BOARD SHIP AND ARE THEREFORE NOT ENTITLED TO A DISLOCATION ALLOWANCE. HOWEVER, HE SAYS THAT IN THE CASE OF NUCLEAR-POWERED SUBMARINES THERE ARE TWO COMPLETE CREWS, ONE OF WHICH IS ONE DUTY ABOARD THE SUBMARINE AND THE OTHER IS ASHORE, USUALLY, AT THE HOME PORT, FOR TRAINING AND REHABILITATION.

THE ASSISTANT SECRETARY STATES FURTHER THAT, SINCE THERE ARE QUARTERS ABOARD THE SUBMARINE FOR ONLY ONE CREW AT A TIME, A QUESTION ARISES AS TO WHETHER A MEMBER WITHOUT DEPENDENTS IS ENTITLED TO A DISLOCATION ALLOWANCE WHEN HE REPORTS TO THE OFF-SHIP CREW OF A NUCLEAR-POWERED SUBMARINE UNDER PERMANENT CHANGE-OF-STATION ORDERS, ADEQUATE GOVERNMENT QUARTERS ARE NOT AVAILABLE FOR ASSIGNMENT TO HIM AT THE HOME PORT AND HE OCCUPIES PRIVATE OFF-STATION QUARTERS. LIKEWISE, HE SAYS THERE IS A QUESTION WHETHER, IN THE SAME CIRCUMSTANCES, A MEMBER IS ENTITLED TO A DISLOCATION ALLOWANCE WHEN THE HOME PORT OF THE SUBMARINE IS CHANGED AND HE IS PART OF THE OFF SHIP CREW ON ARRIVAL AT THE NEW HOME PORT.

THE ASSISTANT SECRETARY EXPRESSES THE VIEW THAT MEMBERS WITHOUT DEPENDENTS ASSIGNED TO THE OFF-SHIP CREW SHOULD RECEIVE DISLOCATION ALLOWANCE IN THESE CIRCUMSTANCES, BUT RECOGNIZES THAT IN OUR DECISIONS OF AUGUST 27, 1964, 44 COMP. GEN. 105, AND APRIL 4, 1968, 47 COMP. GEN. 527, INVOLVING ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS, WE CONSIDERED THE DUTY OF SUCH MEMBERS ASHORE AS DUTY AT A TEMPORARY DUTY STATION.

THE ASSISTANT SECRETARY ALSO SAYS THAT IT WOULD APPEAR PROPER THAT A MEMBER WITHOUT DEPENDENTS WHO REPORTS TO THE ON-SHIP CREW INCIDENT TO PERMANENT CHANGE-OF-STATION ORDERS SHOULD ALSO BE ENTITLED TO A DISLOCATION ALLOWANCE WHEN THIS CREW IS FIRST RELIEVED AFTER HIS ARRIVAL AND GOES ON TRAINING AND REHABILITATION ASHORE, IF ADEQUATE GOVERNMENT QUARTERS ARE NOT AVAILABLE FOR ASSIGNMENT TO THE MEMBER AT THAT TIME AND HE OCCUPIES PRIVATE OFF-STATION QUARTERS.

IN A RELATED QUESTION, THE ASSISTANT SECRETARY INDICATES THAT AN OFFICER WITHOUT DEPENDENTS IS ENTITLED TO REIMBURSEMENT FOR PRIVATE QUARTERS PERSONALLY PROCURED ON A NOT TO EXCEED HIS RATE OF BASIC ALLOWANCE BASIS, UNDER THE PROVISIONS OF 10 U.S.C. 7572, IN INSTANCES WHEN A NUCLEAR- POWERED SUBMARINE IS UNDERGOING OVERHAUL AT ITS HOME YARD OR HOME PORT, WHERE QUARTERS ABOARD ARE UNINHABITABLE, NO ADEQUATE GOVERNMENT QUARTERS ARE AVAILABLE ASHORE AND THE OFFICER ESTABLISHES PRIVATE OFF-STATION QUARTERS. HE ASKS WHETHER SUCH OFFICER IS ALSO ENTITLED TO A DISLOCATION ALLOWANCE WHEN HE REPORTS TO THAT SUBMARINE UNDER PERMANENT CHANGE-OF- STATION ORDERS.

IF WE DETERMINE THAT UNDER THE PRESENT PROVISIONS OF THE JOINT TRAVEL REGULATIONS THERE IS NO ENTITLEMENT TO A DISLOCATION ALLOWANCE IN THE CASES PRESENTED, THE ASSISTANT SECRETARY ALSO ASKS WHETHER AN APPROPRIATE REVISION TO THOSE REGULATIONS TO PROVIDE ENTITLEMENT WOULD BE LEGALLY PROPER UNDER THE AUTHORITY CONTAINED IN 37 U.S.C. 411 (D). HE SUGGESTS A REVISION IN PARAGRAPH M1150-10, JOINT TRAVEL REGULATIONS,AS A POSSIBILITY.

SECTION 407 (A), TITLE 37, U.S.C. PROVIDES IN PERTINENT PART THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, A MEMBER OF A UNIFORMED SERVICE WITHOUT DEPENDENTS, WHO IS TRANSFERRED TO A PERMANENT STATION WHERE HE IS NOT ASSIGNED TO QUARTERS OF THE UNITED STATES, IS ENTITLED TO A DISLOCATION ALLOWANCE EQUAL TO THE BASIC ALLOWANCE FOR QUARTERS FOR ONE MONTH AS PROVIDED FOR A MEMBER OF HIS PAY GRADE AND DEPENDENCY STATUS. PROVIDES FURTHER THAT FOR THE PURPOSES OF THAT SUBSECTION, A MEMBER WHOSE DEPENDENTS MAY NOT MAKE AN AUTHORIZED MOVE IN CONNECTION WITH A CHANGE OF PERMANENT STATION IS CONSIDERED A MEMBER WITHOUT DEPENDENTS.

SECTION 411 (D) OF TITLE 37, U.S.C. PROVIDES IN PERTINENT PART THAT FOR THE ADMINISTRATION OF SPECIFIED SECTIONS OF THAT TITLE, INCLUDING SECTION 407, THE SECRETARY CONCERNED SHALL DEFINE THE WORDS "PERMANENT STATION.' THE DEFINITION, IT PROVIDES, SHALL INCLUDE A SHORE STATION OR THE HOME YARD OR HOME PORT OF A VESSEL TO WHICH A MEMBER OF A UNIFORMED SERVICE WHO IS ENTITLED TO BASIC PAY MAY BE ORDERED. IT PROVIDES FURTHER THAT AN AUTHORIZED CHANGE IN THE HOME YARD OR HOME PORT OF SUCH A VESSEL IS A CHANGE OF PERMANENT STATION.

SECTION 7572 (A), TITLE 10, U.S.C. PROVIDES THAT FOR MEMBERS LISTED THEREIN WHO ARE ON SEA DUTY AND ARE DEPRIVED OF THEIR QUARTERS ON BOARD SHIP BECAUSE OF REPAIRS OR OTHER CONDITIONS THAT MAKE THEIR QUARTERS UNINHABITABLE, IF PUBLIC QUARTERS ARE NOT AVAILABLE, THE SECRETARY OF THE NAVY MAY PROVIDE LODGING ACCOMMODATIONS FOR SUCH MEMBERS. SUCH LODGING ACCOMMODATIONS MAY NOT BE OCCUPIED BY THE MEMBER'S DEPENDENTS. SUBSECTION (B) THEREOF PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARY, ANY OFFICER ON SEA DUTY WHO IS DEPRIVED OF HIS QUARTERS ON BOARD SHIP FOR REASONS STATED IN SUBSECTION (A), AND WHO IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS, MAY BE REIMBURSED FOR EXPENSES INCURRED IN OBTAINING QUARTERS, IN AN AMOUNT NOT MORE THAN THE BASIC ALLOWANCE FOR QUARTERS OF AN OFFICER OF HIS GRADE, IF IT IS IMPRACTICAL TO FURNISH ACCOMMODATIONS UNDER SUBSECTION (A).

PARAGRAPH M1150-10, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 411 (D) OF TITLE 37, U.S.C. DEFINES A PERMANENT STATION, IN PERTINENT PART, AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING A HOME PORT OR HOME YARD OF A VESSEL OR OF A SHIP BASED STAFF INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY.'

PARAGRAPH M9003 OF THE REGULATIONS PROVIDES THAT WITH CERTAIN EXCEPTIONS NOT PERTINENT HERE, A DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WITH DEPENDENTS WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION OR WHENEVER A MEMBER WITHOUT DEPENDENTS IS TRANSFERRED TO A PERMANENT DUTY STATION WHERE HE IS NOT ASSIGNED TO GOVERNMENT QUARTERS.

THE LEGISLATIVE HISTORY OF SECTION 1 (4), PUBLIC LAW 90-207, INDICATES THAT THE INTENT IN ENACTING THAT LEGISLATION WAS TO AUTHORIZE A DISLOCATION ALLOWANCE TO A MEMBER WITHOUT DEPENDENTS BECAUSE HE INCURS THE SAME GENERAL TYPE OF ADDITIONAL EXPENSES WHEN HE IS NOT FURNISHED GOVERNMENT QUARTERS AT THE NEW STATION AS DOES A MEMBER WITH DEPENDENTS. WHILE, HOWEVER, SECTION 407 (A) (1) OF TITLE 37, U.S.C. PROVIDES FOR PAYMENT OF DISLOCATION ALLOWANCE TO A MEMBER WITH DEPENDENTS WHEN HIS DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS CHANGE OF STATION, WHETHER GOVERNMENT QUARTERS ARE OR ARE NOT ASSIGNED TO THAT MEMBER AT HIS NEW STATION, SECTION 407 (A) (3) PROVIDES FOR PAYMENT OF SUCH ALLOWANCE TO A MEMBER WITHOUT DEPENDENTS, UPON HIS TRANSFER TO A PERMANENT STATION AND THEN ONLY WHEN HE IS NOT ASSIGNED TO QUARTERS OF THE UNITED STATES.

WITH RESPECT TO A MEMBER ASSIGNED TO A VESSEL, THE DEFINITION OF "PERMANENT STATION" CONTAINED IN PARAGRAPH M1150-10, JOINT TRAVEL REGULATIONS, INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED, INCLUDES THE HOME PORT OR HOME YARD OF THAT VESSEL. BUT AS FAR AS THE MEMBER HIMSELF IS CONCERNED, THE VESSEL IS THE PERMANENT STATION OR POST OF DUTY AND, IN THE CASE OF A MEMBER WITHOUT DEPENDENTS, HIS ENTITLEMENT TO A DISLOCATION ALLOWANCE IS FOR DETERMINATION ON THAT BASIS.

IT LONG HAS BEEN ESTABLISHED THAT IN INSTANCES WHERE THE VESSEL ITSELF IS THE PERMANENT STATION OF A MEMBER ASSIGNED TO DUTY ABOARD THAT VESSEL, WHICH INCLUDES A SUBMARINE, A MEMBER WITHOUT DEPENDENTS ASSIGNED TO DUTY ABOARD THAT VESSEL IS NOT ENTITLED TO AN ALLOWANCE FOR QUARTERS, SINCE ADEQUATE QUARTERS ARE AVAILABLE ON BOARD THAT VESSEL. 35 COMP. GEN. 10; 42 ID. 65 AND 14 ID. 105. IN THE CASE OF A NUCLEAR-POWERED SUBMARINE, IT HAS BEEN HELD THAT THE SUBMARINE ITSELF IS THE DUTY STATION OF BOTH CREWS ASSIGNED TO THAT SUBMARINE 46 COMP. GEN. 161; 47 ID. 527. COMPARE B- 159688, SEPTEMBER 15, 1966. DURING PERIODS MEMBERS OF THE OFF-SHIP CREW OF A NUCLEAR-POWERED SUBMARINE ARE TEMPORARILY ASHORE FOR MORE THAN 15 DAYS FOR TRAINING AND REHABILITATION, THEY ARE NO LONGER AT THEIR PERMANENT STATION, THE SUBMARINE TO WHICH ATTACHED, BUT ARE ON TEMPORARY ASSIGNMENT AWAY FROM SUCH STATION, WHETHER AT THE HOME PORT OR SOME OTHER SHORE STATION.

A MEMBER WITHOUT DEPENDENTS, UPON BEING TRANSFERRED BY PERMANENT CHANGE- OF-STATION ORDERS TO THE OFF-SHIP CREW OF A NUCLEAR-POWERED SUBMARINE, WOULD BE REQUIRED TO REPORT AT A TEMPORARY DUTY LOCATION ASHORE AND NOT AT HIS PERMANENT STATION. UPON FINALLY REPORTING ON BOARD THE SUBMARINE, HIS PERMANENT DUTY STATION, ADEQUATE QUARTERS WOULD NORMALLY BE AVAILABLE FOR ASSIGNMENT TO HIM.

ACCORDINGLY, THE MEMBER WOULD NOT BE ENTITLED TO A DISLOCATION ALLOWANCE UPON REPORTING TO HIS TEMPORARY STATION, EVEN THOUGH NO ADEQUATE QUARTERS WERE AVAILABLE FOR ASSIGNMENT TO HIM AT THAT TEMPORARY STATION. NOR WOULD A MEMBER BE ENTITLED TO SUCH ALLOWANCE UPON REPORTING TO THE OFF-SHIP CREW THAT HAS MOVED TO A NEW PORT INCIDENT TO A CHANGE OF HOME PORT OF THAT SUBMARINE, SINCE HIS DUTY STATION IS THE SUBMARINE, NOT THE HOME PORT. FOR THE SAME REASON, A MEMBER WHO REPORTS FOR DUTY ON BOARD A NUCLEAR- POWERED SUBMARINE AS A MEMBER OF THE ON-SHIP CREW, HAVING REPORTED TO HIS PERMANENT DUTY STATION AND BEEN ASSIGNED TO QUARTERS, WOULD NOT BE ENTITLED TO A DISLOCATION ALLOWANCE WHEN LATER RELIEVED WITH THAT CREW FOR TRAINING AND REHABILITATION AT A TEMPORARY DUTY STATION ASHORE UNDER CONDITIONS WHICH REQUIRE HIM TO OCCUPY PRIVATE QUARTERS.

AS INDICATED ABOVE, NORMALLY AN OFFICER WITHOUT DEPENDENTS, UPON REPORTING TO A SUBMARINE UNDER PERMANENT CHANGE-OF-STATION ORDERS WOULD NOT BE ENTITLED TO A DISLOCATION ALLOWANCE, SINCE HE WOULD BE ASSIGNED TO QUARTERS ON BOARD THAT VESSEL. HOWEVER, IF THAT OFFICER REPORTS TO A NUCLEAR-POWERED SUBMARINE AT THE TIME IT IS UNDERGOING OVERHAUL OR REPAIR AT ITS HOME PORT OR HOME YARD AT WHICH TIME THE QUARTERS ABOARD THAT VESSEL HAVE BEEN MADE UNINHABITABLE FOR ASSIGNMENT TO HIM, IF THERE ARE NO ADEQUATE QUARTERS AVAILABLE FOR ASSIGNMENT TO HIM ASHORE AND NO LODGING ACCOMMODATIONS ARE FURNISHED HIM UNDER THE PROVISIONS OF SECTION 7572 (A) OF TITLE 10, UNITED STATES CODE, WE ARE OF THE OPINION THAT THE OFFICER WOULD BE ENTITLED TO A DISLOCATION ALLOWANCE. COMPARE 35 COMP. GEN. 10 AND 44 COMP. GEN. 105-109, ANSWER TO QUESTION 2.

SECTION 411 (D) OF TITLE 37, U.S.C. AUTHORIZES THE SECRETARIES CONCERNED TO DEFINE THE WORDS "PERMANENT STATION" IN CONNECTION WITH THE ADMINISTRATION OF THE SEVERAL SECTIONS LISTED IN SUBSECTION (A) OF THAT SECTION, PERTAINING TO TRAVEL AND TRANSPORTATION ALLOWANCES. ACCORDINGLY, EXCEPT AS MAY OTHERWISE BE AUTHORIZED BY STATUTE, ADMINISTRATIVE REGULATIONS ISSUED UNDER THAT SUBSECTION MUST BE APPLIED WITHIN THE LIMITATIONS PRESCRIBED IN THE SECTIONS REFERRED TO IN SUBSECTION (A). COMP. GEN. 670-673. THE WORDS "PERMANENT STATION" AS DEFINED IN PARAGRAPH M1150-10, JOINT TRAVEL REGULATIONS, PERTAINING TO A MEMBER'S ENTITLEMENT IN HIS OWN RIGHT AS DISTINGUISHED FROM HIS ENTITLEMENT ON ACCOUNT OF TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS, IS THE PLACE WHERE HIS BASIC DUTY ASSIGNMENT IS TO BE PERFORMED AND THE PLACE TO WHICH HE MUST PROCEED OR RETURN UPON COMPLETION OF TEMPORARY ASSIGNMENTS OR OTHER ABSENCES FROM HIS NORMAL DUTIES. 38 COMP. GEN. 853; 41 ID. 726; 44 ID. 670.

THE PLACE WHERE A MEMBER PERFORMS HIS BASIC DUTY WHEN ASSIGNED TO A NUCLEAR-POWERED SUBMARINE, IS THE SUBMARINE ITSELF. THE SHORE ASSIGNMENTS ARE FOR THE PURPOSE OF TRAINING AND REHABILITATION. IT IS OUR VIEW THEREFORE THAT THERE IS NO LEGAL BASIS FOR A CHANGE IN THE APPLICABLE REGULATIONS, INCLUDING PARAGRAPH M1150-10, JOINT TRAVEL REGULATIONS, SO AS TO PROVIDE FOR PAYMENT OF DISLOCATION ALLOWANCES TO MEMBERS WITHOUT DEPENDENTS UPON REPORTING, INCIDENT TO PERMANENT CHANGE-OF-STATION ASSIGNMENTS TO NUCLEAR-POWERED SUBMARINES, TO TEMPORARY LOCATIONS ASHORE WHERE THEY WOULD NOT BE PERFORMING THEIR BASIC DUTY ASSIGNMENTS.