B-124265, AUG. 26, 1955

B-124265: Aug 26, 1955

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IT IS SHOWN THAT HE HAS BEEN REIMBURSED FOR HIS DEPENDENTS' TRAVEL FROM PATTERSON. AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE IN CONNECTION WITH A PERMANENT CHANGE OF STATION UNDER THE CIRCUMSTANCES STATED THEREIN AND PARAGRAPH 9006 STATES THAT THE ALLOWANCE SHALL BE PAYABLE TO ALL MEMBERS "UNDER PERMANENT CHANGE OF STATION ORDERS WHICH ARE EFFECTIVE ON AND AFTER 1 APRIL 1955. PARAGRAPH 3003-1B PROVIDES THAT "WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDER. THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF ORDERS.'. THAT INFORMATION APPEARS TO HAVE NO BEARING ON THE PROBLEM HERE INVOLVED SINCE IT IS THE PROVISIONS CONTAINED IN THE BASIC ORDERS WHICH DETERMINE THE EFFECTIVE DATE OF SUCH ORDERS.

B-124265, AUG. 26, 1955

TO MAJOR J. W. ELDRIDGE, USMC, DISBURSING OFFICER, VIA COMMANDANT OF THE MARINE CORPS:

YOUR LETTER OF MAY 31, 1955, REQUESTS AN ADVANCE DECISION AS TO THE RIGHT OF MASTER SERGEANT FRED L. KELLY, USMC, TO DISLOCATION ALLOWANCE IN CONNECTION WITH A CHANGE OF STATION DIRECTED IN ORDERS OF FEBRUARY 7, 1955.

THE ORDERS OF FEBRUARY 7, ISSUED BY HEADQUARTERS, FIRST MARINE AIRCRAFT WING, FMF, C/O FLEET POST OFFICE, SAN FRANCISCO, CALIFORNIA, DIRECTED THE ENLISTED MAN TO PROCEED TO THE UNITED STATES ON A PERMANENT CHANGE OF STATION AND UPON ARRIVAL REPORT TO THE NEAREST MARINE CORPS ACTIVITY FOR FURTHER TRANSFER TO MARINE CORPS AIR BASE, CHERRY POINT, NORTH CAROLINA. FIRST ENDORSEMENT OF MARCH 6, 1955, FROM THE COMMANDING OFFICER, MARINE BARRACKS U.S.N.S., TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, DIRECTED HIM TO PROCEED ON MARCH 11, 1955, AND REPORT IN ACCORDANCE WITH HIS BASIC ORDERS, 4 DAYS PROCEED TIME AND 30 DAYS DELAY BEING AUTHORIZED. IT IS SHOWN THAT HE HAS BEEN REIMBURSED FOR HIS DEPENDENTS' TRAVEL FROM PATTERSON, VIRGINIA, TO CHERRY POINT, AFTER HIS ARRIVAL AT THE LATTER PLACE ON APRIL 21, 1955.

CHAPTER 9, JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1955, ISSUED UNDER AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 18, AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE IN CONNECTION WITH A PERMANENT CHANGE OF STATION UNDER THE CIRCUMSTANCES STATED THEREIN AND PARAGRAPH 9006 STATES THAT THE ALLOWANCE SHALL BE PAYABLE TO ALL MEMBERS "UNDER PERMANENT CHANGE OF STATION ORDERS WHICH ARE EFFECTIVE ON AND AFTER 1 APRIL 1955, NOTWITHSTANDING DATE OF ISSUANCE (SEE PAR. 3003-1B)," IF OTHERWISE AUTHORIZED UNDER CHAPTER 9. PARAGRAPH 3003-1B PROVIDES THAT "WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDER, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF ORDERS.'

WHILE THE COMMANDANT OF THE MARINE CORPS HAS REPORTED THAT IT HAS BEEN FOUND TO BE ADMINISTRATIVELY MORE FEASIBLE FOR THE COMMANDING OFFICER OF THE TEMPORARY DUTY STATION AT WHICH AN ENLISTED MAN REPORTS UPON ARRIVAL IN THE UNITED STATES FROM OVERSEAS TO AUTHORIZE HIS LEAVE EN ROUTE, RATHER THAN FOR SUCH ACTION TO BE TAKEN BY THE COMMANDING OFFICER AT HIS OVERSEAS STATION, THAT INFORMATION APPEARS TO HAVE NO BEARING ON THE PROBLEM HERE INVOLVED SINCE IT IS THE PROVISIONS CONTAINED IN THE BASIC ORDERS WHICH DETERMINE THE EFFECTIVE DATE OF SUCH ORDERS. SINCE NO LEAVE OR DELAY WAS AUTHORIZED IN THE BASIC ORDERS OF FEBRUARY 7, SUCH ORDERS BECAME EFFECTIVE PRIOR TO APRIL 1, 1955, AND NO RIGHT TO DISLOCATION ALLOWANCE ACCRUED TO THE ENLISTED MAN IN CONNECTION WITH THE PERMANENT CHANGE OF STATION DIRECTED IN SUCH ORDERS.

THE ORIGINAL ORDERS OF FEBRUARY 7, 1955, WITH ATTACHED ENDORSEMENTS, ARE RETURNED HEREWITH.