B-124205, SEPTEMBER 29, 1955, 35 COMP. GEN. 159

B-124205: Sep 29, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

PERSONNEL - DISLOCATION ALLOWANCE WHERE THE DEPENDENTS OF A MEMBER OF THE UNIFORMED SERVICES ARE MOVED TO A DESIGNATED PLACE UNDER THE MEMBER'S PERMANENT CHANGE-OF-STATION ORDERS OVERSEAS FOR WHICH THE MEMBER IS PAID A DISLOCATION ALLOWANCE. LATER ARE MOVED TO A SUBSEQUENTLY ASSIGNED OVERSEAS STATION. THE CURRENT ORDERS MAY BE COMBINED WITH THE INITIAL ORDERS FOR TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM A DESIGNATED PLACE TO THE PERMANENT DUTY STATION AND THE MEMBER IS ENTITLED TO A SECOND DISLOCATION ALLOWANCE. TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION. IT IS POINTED OUT IN THE ASSISTANT SECRETARY'S LETTER THAT IMPLEMENTING REGULATIONS.

B-124205, SEPTEMBER 29, 1955, 35 COMP. GEN. 159

TRANSPORTATION - DEPENDENTS - MILITARY, NAVAL, ETC., PERSONNEL - DISLOCATION ALLOWANCE WHERE THE DEPENDENTS OF A MEMBER OF THE UNIFORMED SERVICES ARE MOVED TO A DESIGNATED PLACE UNDER THE MEMBER'S PERMANENT CHANGE-OF-STATION ORDERS OVERSEAS FOR WHICH THE MEMBER IS PAID A DISLOCATION ALLOWANCE, PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AND LATER ARE MOVED TO A SUBSEQUENTLY ASSIGNED OVERSEAS STATION, OR TO A NEW STATION IN THE UNITED STATES, IN ACCORDANCE WITH NEW CHANGE-OF STATION ORDERS ISSUED IN A DIFFERENT FISCAL YEAR, THE CURRENT ORDERS MAY BE COMBINED WITH THE INITIAL ORDERS FOR TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM A DESIGNATED PLACE TO THE PERMANENT DUTY STATION AND THE MEMBER IS ENTITLED TO A SECOND DISLOCATION ALLOWANCE.

TO THE SECRETARY OF THE NAVY, SEPTEMBER 29, 1955:

BY LETTER OF JUNE 1, 1955, THE ASSISTANT SECRETARY OF THE NAVY ( PERSONNEL AND RESERVE FORCES) REQUESTED A DECISION AS TO THE PAYMENT IN CERTAIN CIRCUMSTANCES OF A SECOND DISLOCATION ALLOWANCE UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, AS AMENDED BY THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 18.

SECTION 303 (C) AS SO AMENDED AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION, PAYMENT OF SUCH ALLOWANCE BEING LIMITED TO ONE PERMANENT CHANGE OF STATION IN ANY FISCAL YEAR, WITH CERTAIN EXCEPTIONS NOT MATERIAL HERE.

IT IS POINTED OUT IN THE ASSISTANT SECRETARY'S LETTER THAT IMPLEMENTING REGULATIONS, CHAPTER 9, PARAGRAPH 9002-2, JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1955, PROVIDE THAT WHEN DEPENDENTS ARE MOVED TO A DESIGNATED PLACE UNDER AUTHORITY OF CHAPTER 7, PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, INCIDENT TO A MEMBER'S ASSIGNMENT UNDER PERMANENT CHANGE OF STATION ORDERS TO A PLACE TO WHICH HIS DEPENDENTS ARE NOT PERMITTED TO ACCOMPANY HIM, AND LATER ARE MOVED TO THE NEW STATION WHEN CONDITIONS PERMIT SUCH TRAVEL, BUT ONE DISLOCATION ALLOWANCE, PAYABLE UPON COMPLETION OF TRAVEL TO THE DESIGNATED PLACE, IS AUTHORIZED EVEN THOUGH TWO DISLOCATIONS ARE INVOLVED. SIMILARLY, TWO DISLOCATIONS, ONE IN MOVING DEPENDENTS TO A DESIGNATED PLACE AND A SECOND IN MOVING THEM TO A NEW DUTY STATION, OCCUR WHEN A MEMBER'S DEPENDENTS ARE NOT MOVED TO AN INITIAL OVERSEAS STATION BUT ARE LATER MOVED TO A SUBSEQUENTLY ASSIGNED OVERSEAS STATION OR TO A NEW STATION IN THE UNITED STATES. THE QUESTION PRESENTED IS WHETHER, IN A CASE SUCH AS THIS, A SECOND DISLOCATION ALLOWANCE MAY BE PAID AS FOR MOVEMENT OF DEPENDENTS INCIDENT TO THE LATER CHANGE OF STATION ORDERS, IF ISSUED IN A DIFFERENT FISCAL YEAR.

PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, BY ITS TERMS EXPRESSLY AUTHORIZES TRANSPORTATION OF DEPENDENTS FROM A DESIGNATED PLACE NOT ONLY TO THE PERMANENT STATION DESIGNATED IN INITIAL ORDERS TO OVERSEAS DUTY BUT TO ANY SUBSEQUENT STATION TO WHICH MOVEMENT OF DEPENDENTS IS OTHERWISE AUTHORIZED. IT WOULD APPEAR, HOWEVER, THAT, NOTWITHSTANDING THIS PROVISION IN THE REGULATIONS, CURRENT PERMANENT CHANGE OF STATION ORDERS IN ADDITION TO THE INITIAL ORDERS ARE NECESSARY TO ESTABLISH A RIGHT TO TRANSPORTATION OF DEPENDENTS TO A DUTY STATION OTHER THAN THE FIRST DESIGNATED OVERSEAS STATION. HENCE, WHERE CURRENT PERMANENT CHANGE OF STATION ORDERS, ISSUED IN A DIFFERENT FISCAL YEAR, ARE SO USED IN COMBINATION WITH THE INITIAL ORDERS TO OVERSEAS DUTY IN SUPPORT OF TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM A DESIGNATED PLACE TO A MEMBER'S PERMANENT DUTY STATION, NO OBJECTION IS PERCEIVED TO THE PAYMENT OF A DISLOCATION ALLOWANCE ON ACCOUNT OF SUCH TRAVEL.