B-169483, JUN. 16, 1970

B-169483, JUN. 16, 1970

TO MR. THOMAS F. ROBERTS:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 26, 1970, CONCERNING OUR DECISION TO YOU DATED APRIL 22, 1970, B-169483. IN THAT DECISION WE HELD THERE IS NO LEGAL AUTHORITY TO ALLOW YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR DEPENDENTS' TRAVEL (WIFE AND SON) FROM TAIWAN, TO SEATTLE, WASHINGTON, ON AUGUST 26, 1969, WHILE YOU WERE SERVING ON ACTIVE DUTY AS A CAPTAIN, UNITED STATES AIR FORCE.

BY CHANGE OF PERMANENT STATION ORDERS DATED APRIL 12, 1968, YOU WERE RELIEVED FROM DUTY AT SANDIA BASE, ALBUQUERQUE, NEW MEXICO, AND DIRECTED TO PROCEED AND REPORT TO 6217 COMBAT SUPPORT GROUP (PACAF) (CHING CHUAN KANG AIR BASE) APO SAN FRANCISCO 96319. SINCE THIS WAS A RESTRICTED STATION, TRAVEL OF YOUR DEPENDENTS TO A DESIGNATED PLACE WAS AUTHORIZED AND PRESUMABLY YOU WERE PAID DISLOCATION ALLOWANCE AT THAT TIME. SUBSEQUENTLY, YOUR DEPENDENTS TRAVELED TO YOUR OVERSEAS STATION AT PERSONAL EXPENSE. BY ORDERS DATED AUGUST 14, 1969, YOU WERE DIRECTED TO PROCEED TO MCCHORD AIR FORCE BASE, WASHINGTON, FOR SEPARATION FROM THE SERVICE.

TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE WAS REFUSED AND YOU HAD TO PAY FOR THEIR RETURN TRAVEL. BY ORDERS DATED SEPTEMBER 2, 1969, YOU WERE RELIEVED FROM ACTIVE DUTY AND TRANSFERRED TO THE RESERVE OF THE AIR FORCE (AFRES) EFFECTIVE SEPTEMBER 6, 1969.

IN OUR DECISION OF APRIL 22, 1970, WE HELD THAT YOUR DEPENDENTS LEGALLY DID NOT HAVE THE STATUS OF COMMAND-SPONSORED DEPENDENTS FOR TRANSPORTATION PURPOSES AND THEREFORE YOU WERE NOT ENTITLED TO THEIR TRANSPORTATION AT GOVERNMENT EXPENSE TO OR FROM TAIPEI, TAIWAN. IN YOUR PRESENT LETTER YOU SAY THAT YOU HAVE DECIDED TO ACCEPT OUR DETERMINATION PROVIDED THAT YOU ARE PAID YOUR DISLOCATION ALLOWANCE TO WHICH YOU ARE ENTITLED BY VIRTUE OF YOUR MOVE FROM TAIWAN AND YOU CITE OUR DECISION OF DECEMBER 10, 1965, B- 157874, AS AUTHORITY FOR PAYMENT.

SECTION 407 OF TITLE 37, U.S.C. AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, TO A MEMBER OF A UNIFORMED SERVICE WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION, BUT EXPRESSLY PROVIDES THAT A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HOME TO FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME. PARAGRAPH M9004-1(2) OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THIS AUTHORITY, PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE, RELEASE FROM ACTIVE DUTY, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, OR RETIREMENT.

YOUR ORDERS OF AUGUST 14, 1969, RETURNING YOU TO THE UNITED STATES, DID NOT ASSIGN YOU TO MCCHORD AIR FORCE BASE FOR THE PERFORMANCE OF DUTY BUT ASSIGNED YOU TO THAT PLACE FOR THE PURPOSE OF SEPARATION WHICH WAS ACCOMPLISHED BY THE ORDERS OF SEPTEMBER 2, 1969. THIS ORDERED PERMANENT CHANGE OF STATION WAS BETWEEN YOUR LAST DUTY STATION AND HOME. DISLOCATION ALLOWANCE IS NOT LEGALLY PAYABLE IN SUCH CASE. SEE B-160450, JANUARY 4, 1967, COPY ENCLOSED.

THE DECISION OF DECEMBER 10, 1965, B-157874, CITED BY YOU DOES NOT ESTABLISH A BASIS FOR THE PAYMENT OF YOUR CLAIM. IN THAT CASE, THE MEMBER'S DEPENDENTS RELOCATED THEIR HOUSEHOLD IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION FROM THE UNITED STATES TO HIS DUTY STATION OVERSEAS AND WE HELD THAT ENTITLEMENT TO THE DISLOCATION ALLOWANCE ACCRUED EVEN THOUGH PAYMENT FOR THE DEPENDENTS' TRAVEL WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE. THE DISLOCATION ALLOWANCE IN THAT CASE WAS NOT PAID INCIDENT TO HIS ASSIGNMENT TO A STATION FOR SEPARATION PURPOSES (LAST DUTY STATION TO HOME) SUCH AS IS INVOLVED IN YOUR CASE.

ACCORDINGLY, THERE IS NO LEGAL BASIS TO ALLOW YOUR CLAIM FOR DISLOCATION ALLOWANCE.