B-157814, AUGUST 11, 1966, 46 COMP. GEN. 133

B-157814, AUGUST 11, 1966, 46 COMP. GEN. 133

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DISLOCATION ALLOWANCE - EMERGENCY, ETC; CONDITIONS. A MEMBER OF THE UNIFORMED SERVICES WHO RELOCATES HIS HOUSEHOLD INCIDENT TO AN OFFICIAL ALERT NOTIFICATION BUT PRIOR TO THE ISSUANCE OF PERMANENT CHANGE-OF-STATION ORDERS PROVIDING FOR HIS TRANSFER TO A RESTRICTED AREA OVERSEAS UNDER PARAGRAPH M7108 OF THE JOINT TRAVEL REGULATIONS (JTR) IS NOT ENTITLED TO PAYMENT OF THE DISLOCATION ALLOWANCE PRESCRIBED BY 37 U.S.C. 407 INCIDENT TO THE AUTHORIZED MOVE OF DEPENDENTS PREDICATED ON A MEMBER'S PERMANENT CHANGE-OF-STATION ORDERS, SECTION 407 PROVIDING NO AUTHORITY FOR THE PAYMENT OF A DISLOCATION ALLOWANCE IN UNUSUAL OR EMERGENCY CIRCUMSTANCES. THEREFORE, ABSENT STATUTORY AUTHORITY PARAGRAPH M9007 OF THE JTR MAY NOT BE REVISED TO PROVIDE FOR THE PAYMENT OF A DISLOCATION ALLOWANCE AT THE TIME A MEMBER'S DEPENDENTS COMPLETE A RELOCATION MOVE IN CONNECTION WITH AN ALERT NOTICE RATHER THAN AT THE TIME THE MEMBER COMPLETES HIS PERMANENT CHANGE OF STATION.

TO THE SECRETARY OF THE ARMY, AUGUST 11, 1966:

FURTHER REFERENCE IS MADE TO LETTER DATED JUNE 16, 1966, FROM THE UNDER SECRETARY OF THE ARMY, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON JUNE 20, 1966, REQUESTING A DECISION WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO PROVIDE FOR PAYMENT OF DISLOCATION ALLOWANCE WHEN A MEMBER RELOCATES HIS HOUSEHOLD INCIDENT TO RECEIPT OF OFFICIAL ALERT NOTIFICATION PRIOR TO THE ISSUANCE OF PERMANENT CHANGE-OF-STATION ORDERS UNDER THE CIRCUMSTANCES DESCRIBED. THE REQUEST WAS ASSIGNED CONTROL NO. 66-21 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

PARAGRAPH M9007 OF THE JOINT TRAVEL REGULATIONS CURRENTLY PROVIDES THAT WHEN A MEMBER RELOCATES HIS HOUSEHOLD INCIDENT TO RECEIPT OF OFFICIAL ALERT NOTIFICATION BUT PRIOR TO THE ISSURANCE OF PERMANENT CHANGE-OF- STATION ORDERS PROVIDING FOR TRANSFER TO A RESTRICTED AREA OVERSEAS UNDER PARAGRAPH M7108, JOINT TRAVEL REGULATIONS, HE WILL BE ENTITLED TO THE PAYMENT OF A DISLOCATION ALLOWANCE ONLY WHEN THE PERMANENT CHANGE OF STATION HAS BEEN COMPLETED. IT IS PROPOSED TO REVISE PARAGRAPH M9007 TO PROVIDE FOR PAYMENT OF THE DISLOCATION ALLOWANCE AT THE TIME A MEMBER'S DEPENDENTS COMPLETE A RELOCATION MOVE IN CONNECTION WITH THE ALERT NOTICE RATHER THAN AT THE TIME THE MEMBER ACTUALLY COMPLETES THE PERMANENT CHANGE OF STATION. THE REVISION WOULD PROVIDE FOR RECOUPMENT OF THE PAYMENT FROM THE MEMBER IN THE EVENT PERMANENT CHANGE-OF-STATION ORDERS ARE NOT ISSUED OR, IF ISSUED, ARE SUBSEQUENTLY CANCELED OR REVOKED. THE REASON FOR THE PROPOSED REVISION, IT IS STATED, IS TO ALLEVIATE A FINANCIAL HARDSHIP ON A MEMBER AND HIS DEPENDENTS WHEN HE HAS RECEIVED AN ALERT NOTICE BUT MAY NOT ACTUALLY COMPLETE A PERMANENT CHANGE OF STATION UNTIL MONTHS LATER. THE MEANTIME, HIS DEPENDENTS HAVE RELOCATED AT PERSONAL EXPENSE AND MUST WAIT, UNDER CURRENT REGULATIONS, UNTIL THE MEMBER COMPLETES THE PERMANENT CHANGE OF STATION BEFORE THE DISLOCATION ALLOWANCE IS PAYABLE. JUSTIFICATION OF THE PROPOSAL THE VIEW IS EXPRESSED THAT THE TWO CONDITIONS IMPOSED BY THE PERTINENT STATUTE, 37 U.S.C. 407, FOR ENTITLEMENT TO THE DISLOCATION ALLOWANCE; NAMELY, (1) THE MEMBER'S DEPENDENTS MUST MAKE AN AUTHORIZED MOVE, AND (2) THE MOVE MUST BE PREDICATED ON A PERMANENT CHANGE OF STATION FOR THE MEMBER, WOULD BE MET IN THESE CASES ALBEIT THE PERMANENT CHANGE-OF-STATION ORDERS HAVE NOT ACTUALLY BEEN ISSUED.

IN THIS CONNECTION THE UNDER SECRETARY STATES THAT IN OUR DECISION OF OCTOBER 28, 1965, TO THE SECRETARY OF THE NAVY, 45 COMP. GEN. 208, NO OBJECTION WAS INTERPOSED TO AMENDING THE JOINT TRAVEL REGULATIONS TO PROVIDE FOR TRANSPORTATION OF A MEMBER'S DEPENDENTS INCIDENT TO AN OFFICIAL ALERT NOTIFICATION PROVIDING THE ACTUAL MOVEMENT COMMENCES WITHIN A PERIOD OF 90 DAYS (OR SUCH SHORTER PERIOD AS MAY BE SPECIFIED IN THE REGULATIONS) AFTER THE ALERT NOTICE HAS BEEN ISSUED. ALSO, HE SAYS THE CIRCUMSTANCES ARE SUCH THAT THE MOVEMENT ORDERS CANNOT BE ISSUED SUFFICIENTLY IN ADVANCE OF THE ACTUAL MOVEMENT DATE TO PERMIT MEMBERS CONCERNED A REASONABLE TIME TO RELOCATE THEIR HOUSEHOLD BEFORE THE MOVEMENT TO THE OVERSEAS STATION COMMENCES. FURTHER, IT IS POINTED OUT THAT THE CONCLUSIONS REACHED IN THE CITED DECISION PROVIDE THE BASIS FOR THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS IN PARAGRAPHS M7108 AND M8307 WHICH AUTHORIZE TRANSPORTATION OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AND LIMITATIONS AS FOR ASSIGNMENT TO A RESTRICTED AREA UNDER PARAGRAPHS M7005 AND M8253-2.

THE UNDER SECRETARY STATES THAT SINCE MEMBERS ARE AUTHORIZED TO TRANSPORT THEIR DEPENDENTS AND SHIP THEIR HOUSEHOLD GOODS UPON OFFICIAL ALERT NOTIFICATION, IT WOULD SEEM THAT PAYMENT OF THE DISLOCATION ALLOWANCE WOULD BE PROPER UNDER THE SAME CIRCUMSTANCES.

IN THE CITED DECISION OF OCTOBER 28, 1965, THE QUESTION PRESENTED WAS WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED UNDER THE "UNUSUAL OR EMERGENCY CIRCUMSTANCES" PROVISION OF 37 U.S.C. 406/E), OR UNDER ANY OTHER EXISTING PROVISION OF LAW, TO PERMIT MOVEMENT OF DEPENDENTS, BAGGAGE AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IN THE MANNER CONTEMPLATED BY 37 U.S.C. 406/A) AND (B) FOR MEMBERS WHO ARE ASSIGNED TO UNITS LOCATED WITHIN OR OUTSIDE THE UNITED STATES WHICH HAVE BEEN ALERTED FOR POSSIBLE DEPLOYMENT OVERSEAS IN THE SAME MANNER AND TO THE SAME EXTENT THAT IS NOW PROVIDED IN PARAGRAPHS M7005 AND M8253-2, JOINT TRAVEL REGULATIONS, FOR MEMBERS ASSIGNED TO RESTRICTED STATIONS. IN THAT DECISION WE POINTED OUT THAT AN ALERT NOTICE DOES NOT CONFORM TO THE REQUIREMENTS OF A COMPETENT TRAVEL ORDER AND MAY NOT BE TREATED AS A COMPETENT CHANGE-OF-STATION ORDER AND THAT IT WAS OUR VIEW THAT DEPENDENTS AND HOUSEHOLD EFFECTS MAY NOT BE RELOCATED UPON RECEIPT OF AN ALERT ORDER AS THOUGH IT WERE A PERMANENT CHANGE-OF-STATION ORDER. WE CONCLUDED, HOWEVER, THAT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS ALERTED FOR POSSIBLE DEPLOYMENT OVERSEAS MIGHT BE AUTHORIZED IN THE CIRCUMSTANCES SET FORTH IN THE SUBMISSION UNDER SECTION 406/E) WHICH PROVIDES AUTHORITY UNDER PROPER REGULATIONS FOR THE TRANSPORTATION OF DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS AS AUTHORIZED UNDER SUBSECTION (A) OR (B) OF THAT SECTION, BUT ONLY IN UNUSUAL OR EMERGENCY CIRCUMSTANCES AND WHERE NOT OTHERWISE AUTHORIZED BY PERMANENT CHANGE-OF-STATION ORDERS.

WHILE AUTHORITY FOR THE MOVEMENT OF DEPENDENTS IN THE ABOVE CIRCUMSTANCES WAS DERIVED FROM THE EXPRESS AUTHORITY IN SECTION 406(E) FOR THEIR TRANSPORTATION IN UNUSUAL OR EMERGENCY CIRCUMSTANCES NOT COVERED BY CHANGE -OF-STATION ORDERS, THAT SECTION CONTAINS NO LANGUAGE WHICH MAY BE VIEWED AS AUTHORIZING PAYMENT OF THE DISLOCATION ALLOWANCE AND 37 U.S.C. 407, PROVIDING AUTHORITY FOR PAYMENT OF THE DISLOCATION ALLOWANCE, CONTAINS NO SIMILAR PROVISION AUTHORIZING THE PAYMENT OF THAT ALLOWANCE IN UNUSUAL OR EMERGENCY CIRCUMSTANCES WITHOUT AUTHORITY OF CHANGE-OF-STATION ORDERS, OR IN ANY CIRCUMSTANCES OTHER THAN IN CONNECTION WITH THE MEMBER'S PERMANENT CHANGE OF STATION. SINCE THE DEPENDENTS' MOVEMENT IN THE CIRCUMSTANCES CONTEMPLATED IN PARAGRAPH M7108 IS BASED ON AUTHORITY OTHER THAN THAT FOR THE MEMBER'S PERMANENT CHANGE OF STATION, WE ARE OF THE VIEW THAT THERE IS NO LEGAL AUTHORITY FOR THE PROMULGATION OF THE PROPOSED REGULATIONS. SEE IN THAT CONNECTION B-158976, JUNE 7, 1966, COPY HEREWITH.