B-124657, JUL. 27, 1960

B-124657: Jul 27, 1960

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OUR DISALLOWANCE WAS BASED UPON PARAGRAPH 9003-2 OF THE JOINT TRAVEL REGULATIONS. IN EFFECT AT THE TIME TRAVEL WAS PERFORMED. AS FOLLOWS: "THE ALLOWANCE CONTEMPLATED BY THIS CHAPTER WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE-OF-STATION TRAVEL PERFORMED: "2. YOU APPEAR TO BELIEVE THAT YOU ARE ENTITLED TO THE DISLOCATION ALLOWANCE UNDER THE PROVISIONS OF PARAGRAPH 9002-2. WHEN DEPENDENTS ARE MOVED TO A DESIGNATED PLACE PURSUANT TO THE PROVISIONS OF CHAPTER 7. THE DISLOCATION ALLOWANCE WILL BE PAYABLE UPON COMPLETION OF TRAVEL TO TO THE DESIGNATED PLACE AND NO FURTHER ENTITLEMENT TO THIS ALLOWANCE WILL ACCRUE FOR THAT PERMANENT CHANGE IN STATION. * * *" AS IN THE CASE OF THE DISLOCATION ALLOWANCE.

B-124657, JUL. 27, 1960

TO MR. LUIS PEREZ THILLET:

YOUR LETTER OF MARCH 8, 1960, REQUESTS REVIEW OF OUR SETTLEMENT OF FEBRUARY 19, 1960, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE UPON PERMANENT CHANGE OF STATION FROM WORMS, GERMANY, TO FORT HOOD, TEXAS, UNDER ORDERS DATED AUGUST 24, 1959.

OUR DISALLOWANCE WAS BASED UPON PARAGRAPH 9003-2 OF THE JOINT TRAVEL REGULATIONS, CHANGE 82, JULY 1, 1959, IN EFFECT AT THE TIME TRAVEL WAS PERFORMED, WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"THE ALLOWANCE CONTEMPLATED BY THIS CHAPTER WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE-OF-STATION TRAVEL PERFORMED:

"2. TO ENLISTED MEMBERS IN PAY GRADES E-4, WITH 4 YEARS SERVICE OR LESS, E-3, E-2, OR E-1;* * *.'

YOU APPEAR TO BELIEVE THAT YOU ARE ENTITLED TO THE DISLOCATION ALLOWANCE UNDER THE PROVISIONS OF PARAGRAPH 9002-2, CHANGE 82, JULY 1,1959, OF THESE REGULATIONS WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"2. MOVEMENT OF DEPENDENTS TO A DESIGNATED PLACE. WHEN DEPENDENTS ARE MOVED TO A DESIGNATED PLACE PURSUANT TO THE PROVISIONS OF CHAPTER 7, THE DISLOCATION ALLOWANCE WILL BE PAYABLE UPON COMPLETION OF TRAVEL TO TO THE DESIGNATED PLACE AND NO FURTHER ENTITLEMENT TO THIS ALLOWANCE WILL ACCRUE FOR THAT PERMANENT CHANGE IN STATION. * * *"

AS IN THE CASE OF THE DISLOCATION ALLOWANCE, PARAGRAPH 7000-1 OF THE JOINT TRAVEL REGULATIONS EXCLUDES MEMBERS IN PAY GRADE E-4 WITH FOUR YEARS OF SERVICE OR LESS, E-3, E-2, OR E-1, FROM ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION. IT APPEARS THAT YOU WERE REDUCED TO AN INELIGIBLE GRADE WHILE SERVING AT AN OVERSEAS STATION AND THAT, INCIDENT TO YOUR REASSIGNMENT TO DUTY IN THE UNITED STATES, YOUR DEPENDENTS WERE MOVED FROM WORMS, GERMANY, TO YOUR NEW STATION, FORT HOOD, TEXAS, UNDER THE PROVISIONS OF PARAGRAPH 7009-4.

CHANGE 82, JULY 1, 1959, OF THE JOINT TRAVEL REGULATIONS WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"4. RETURN OF DEPENDENTS TO THE UNITED STATES--- MEMBERS REDUCED TO AN INELIGIBLE GRADE. MEMBERS SERVING OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA IN PAY GRADE E-4 (WITH OVER 4 YEARS' SERVICE) OR A HIGHER GRADE, WHO ARE REDUCED TO A GRADE FOR WHICH TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED * * * WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS TO THEIR FIRST PERMANENT STATION UPON RETURN TO THE UNITED STATES FOR DUTY. PERMANENT CHANGE OF STATION ORDERS DIRECTING THE MEMBER TO RETURN TO THE UNITED STATES FOR DUTY WILL SPECIFICALLY AUTHORIZE THE TRANSPORTATION OF DEPENDENTS IN ACCORDANCE WITH THIS SUBPARAGRAPH * * *.'

PARAGRAPH 9002-2 OF THE JOINT TRAVEL REGULATIONS DOES NOT SERVE TO AUTHORIZE PAYMENT OF THE DISLOCATION ALLOWANCE TO A MEMBER NOT OTHERWISE ENTITLED TO SUCH ALLOWANCE, ITS PURPOSE BEING TO AUTHORIZE PAYMENT OF THE ALLOWANCE IN PROPER CASES TO MEMBERS WHOSE DEPENDENTS COMPLETE TRAVEL TO A DESIGNATED PLACE IRRESPECTIVE OF WHETHER THEY SUBSEQUENTLY TRAVEL TO THE PERMANENT STATION, AND TO RESTRICT PAYMENT OF ANY FURTHER SUCH ALLOWANCE PRIOR TO RECEIPT BY THE MEMBER OF FURTHER PERMANENT CHANGE OF STATION ORDERS. PARAGRAPH 7010-4 OF THE REGULATIONS EXPRESSLY SAVES TO MEMBERS SERVING OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA LIMITED RIGHTS TO RETURN TRANSPORTATION FOR DEPENDENTS WHO HAD COMMENCED TRAVEL TO THE OVERSEAS DUTY PRIOR TO THE MEMBER'S REDUCTION TO AN INELIGIBLE GRADE. SIMILAR PROVISION WITH RESPECT TO THE ENTITLEMENT OF MEMBERS TO A DISLOCATION ALLOWANCE IN SUCH CASES IS CONTAINED IN THE REGULATIONS. THERE IS, THEREFORE, NO LEGAL BASIS FOR THE PAYMENT TO YOU OF THE DISLOCATION ALLOWANCE CLAIMED.