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B-132258, MAY 9, 1958

B-132258 May 09, 1958
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THE LOCATION OF YOUR DUTY STATION WAS CHANGED FROM THE AEC HEADQUARTERS BUILDING AT 1901 CONSTITUTION AVENUE. YOU WERE DENIED REIMBURSEMENT FOR TRANSPORTATION EXPENSES INCURRED FOR THE REASON THAT THE CITED ORDERS DID NOT EFFECT A PERMANENT CHANGE IN YOUR DUTY STATION AS CONTEMPLATED BY EXISTING REGULATIONS. THAT IS. WHILE THESE ORDERS APPEAR TO HAVE DIRECTED A PERMANENT CHANGE IN YOUR DUTY STATION EFFECTIVE FEBRUARY 3. YOU APPARENTLY BELIEVE THAT YOU SHOULD BE REIMBURSED FOR TRANSPORTATION EXPENSES CLAIMED NOTWITHSTANDING THE FACT YOUR EFFECTS WERE ACTUALLY TRANSPORTED SOME 18 MONTHS PRIOR TO THE PERMANENT CHANGE IN YOUR OFFICIAL STATION. AS YOU PREVIOUSLY WERE ADVISED. THE TRANSPORTATION OF HOUSEHOLD GOODS FOR MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

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B-132258, MAY 9, 1958

TO COLONEL JACK L. ARMSTRONG, 2904A USAF:

YOUR LETTER OF APRIL 7, 1958, WITH ENCLOSURES, REQUESTS RECONSIDERATION OF OUR DECISION TO YOU DATED AUGUST 6, 1957, B-132258, WHICH SUSTAINED THE SETTLEMENT DATED MAY 28, 1957, DISALLOWING YOUR CLAIM FOR EXPENSES INCURRED DURING SEPTEMBER 1956, IN HAVING YOUR HOUSEHOLD GOODS TRANSPORTED FROM YOUR FORMER ADDRESS AT 503 SHADY LANE, FALLS CHURCH, VIRGINIA, TO YOUR PRESENT HOME AT 5930 KIRBY ROAD, BETHESDA, MARYLAND.

AS STATED IN THAT DECISION, THE RECORDS SHOW THAT PURSUANT TO DEPARTMENT OF THE AIR FORCE SPECIAL ORDERS NO. 46, DATED MARCH 7, 1956, THE LOCATION OF YOUR DUTY STATION WAS CHANGED FROM THE AEC HEADQUARTERS BUILDING AT 1901 CONSTITUTION AVENUE, N.W., TO THE AEC "H" STREET ANNEX, 1717 H" STREET, N.W., WASHINGTON, D.C., EFFECTIVE MAY 1,1956. ON SEPTEMBER 8, 1956, YOU PROCURED THE SERVICES OF SMITH'S TRANSFER AND STORAGE COMPANY, INCORPORATED, WASHINGTON, D.C., TO TRANSFER YOUR HOUSEHOLD GOODS TO BETHESDA AT PERSONAL EXPENSE. YOU WERE DENIED REIMBURSEMENT FOR TRANSPORTATION EXPENSES INCURRED FOR THE REASON THAT THE CITED ORDERS DID NOT EFFECT A PERMANENT CHANGE IN YOUR DUTY STATION AS CONTEMPLATED BY EXISTING REGULATIONS.

BRIEFLY THAT DECISION HELD THAT THE TRANSFER OF A MEMBER FROM ONE INSTALLATION TO ANOTHER, INCLUDING A CHANGE IN HIS PLACE OF WORK, THAT IS, FROM ONE DUTY LOCATION TO ANOTHER, WITHIN THE CORPORATE LIMITS OF THE SAME CITY, DID NOT CONSTITUTE A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF THE STATUTE AND APPLICABLE REGULATIONS.

YOU SUBMITTED WITH YOUR LETTER A COPY OF SPECIAL ORDERS NO. 203, DATED DECEMBER 4, 1957, WHICH RELIEVED YOU FROM ASSIGNMENT WITH HEADQUARTERS, 6590TH SUPPORT GROUP, AIR RESEARCH AND DEVELOPMENT COMMAND, USAF, BALTIMORE, MARYLAND, AND ASSIGNED YOU TO 1132D USAF SP ACTYRON HEADQUARTERS COMMAND USAF, FORT MYER, VIRGINIA, WITH DUTY STATION AT THE AIRCRAFT NUCLEAR PROPULSION OFFICE, AEC, GERMANTOWN, MARYLAND, WHICH YOU POINT OUT AUTHORIZED A PERMANENT CHANGE OF STATION AND DISLOCATION ALLOWANCE. WHILE THESE ORDERS APPEAR TO HAVE DIRECTED A PERMANENT CHANGE IN YOUR DUTY STATION EFFECTIVE FEBRUARY 3, 1958, THEY AFFORD NO BASIS FOR REIMBURSING YOU FOR EXPENSES INCURRED IN TRANSPORTING HOUSEHOLD EFFECTS IN SEPTEMBER 1956, AND, OF COURSE, NO RIGHT TO A DISLOCATION ALLOWANCE CAN ACCRUE TO YOU UNLESS AND UNTIL YOUR DEPENDENTS MOVE UNDER AUTHORITY OF THESE ORDERS. YOU ALSO TRANSMITTED A COPY OF BULLETIN NO. 24, ISSUED BY THE ATOMIC ENERGY COMMISSION ON SEPTEMBER 23, 1957, AS WELL AS A COPY OF PUBLIC LAW 85 162, APPROVED AUGUST 21, 1957, 71 STAT. 403, BOTH OF WHICH MAKE REFERENCE TO TRAVEL AND TRANSPORTATION EXPENSES WHICH MAY BE ALLOWED CIVILIAN EMPLOYEES WHO, SUBSEQUENT TO JULY 29, 1955--- IN ANTICIPATION OF THE RELOCATION OF THE COMMISSION'S HEADQUARTERS--- HAD THEIR HOUSEHOLD GOODS MOVED TO A NEW LOCATION PRIOR TO THE DATE GERMANTOWN BECAME THEIR NEW OFFICIAL STATION. ALTHOUGH THE ENCLOSURES LAST MENTIONED REFER EXCLUSIVELY TO CIVILIAN PERSONNEL, YOU APPARENTLY BELIEVE THAT YOU SHOULD BE REIMBURSED FOR TRANSPORTATION EXPENSES CLAIMED NOTWITHSTANDING THE FACT YOUR EFFECTS WERE ACTUALLY TRANSPORTED SOME 18 MONTHS PRIOR TO THE PERMANENT CHANGE IN YOUR OFFICIAL STATION.

AS YOU PREVIOUSLY WERE ADVISED, THE TRANSPORTATION OF HOUSEHOLD GOODS FOR MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. PARAGRAPH 8005 (CHANGE 43) THEREOF IN EFFECT ON MARCH 7, 1957, AUTHORIZES THE MOVEMENT OF A MEMBER'S HOUSEHOLD GOODS (WITHIN PRESCRIBED WEIGHT ALLOWANCES) INTRACITY--- WITHIN THE SAME CITY, TOWN, OR METROPOLITAN AREA--- AT GOVERNMENT EXPENSE WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THE REGULATIONS DEFINE A PERMANENT STATION AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR THE HOME YARD OF A VESSEL) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY," THE LIMITS OF WHICH, IF IN A CITY OR TOWN, WILL BE THE CORPORATE LIMITS OF SUCH CITY OR TOWN. PERMANENT CHANGE OF STATION IS DEFINED AS THE TRANSFER OR ASSIGNMENT OF A MEMBER OF THE UNIFORMED SERVICES FROM ONE PERMANENT STATION TO ANOTHER.

OUR OFFICE HAS NO AUTHORITY TO WAIVE OR DISREGARD THE PROVISIONS OF THOSE REGULATIONS AND SINCE YOUR EFFECTS ARE SHOWN TO HAVE BEEN MOVED TO A NEW LOCATION LONG BEFORE THE PERMANENT CHANGE IN YOUR OFFICIAL STATION, REIMBURSEMENT FOR THE TRANSPORTATION EXPENSES CLAIMED IS NOT AUTHORIZED. WE FIND NOTHING IN THE COMMISSION'S MIMEOGRAPHED LETTER OF SEPTEMBER 23, 1957, OR THE ACT OF AUGUST 21, 1957, WHICH PURPORTS TO AUTHORIZE THE PAYMENT OF TRANSPORTATION EXPENSES FOR PERSONNEL OF THE ARMED FORCES. CONSEQUENTLY, WE HAVE NO ALTERNATIVE OTHER THAN TO SUSTAIN THE ACTION HERETOFORE TAKEN ON YOUR CLAIM.

COPIES OF TRAVEL ORDERS NOS. 46 AND 195, GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MAY 28, 1957, AND OUR DECISION OF AUGUST 6, 1957, B 132258, ARE RETURNED HEREWITH.

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