B-125493, JAN. 18, 1956

B-125493: Jan 18, 1956

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TO THE HONORABLE SECRETARY OF THE ARMY: REFERENCE IS MADE TO LETTER TO SEPTEMBER 13. IT IS STATED IN THE SUBMISSION THAT THIS REVISED COURSE OF INSTRUCTION WILL BE SCHEDULED FOR 34 WEEKS' DURATION AND THAT IT WILL BE CONDUCTED BY THE ARMY AVIATION SCHOOL. IT IS STATED THAT THE DEPARTMENT OF THE ARMY PROPOSES TO SEND MEMBERS SELECTED TO ATTEND THIS COURSE OF INSTRUCTION TO CAMP RUCKER UNDER PERMANENT CHANGE OF STATION ORDERS AND TO CONSIDER SUCH MEMBERS AS BEING IN A TEMPORARY DUTY STATUS WHILE THEY ARE AWAY FROM CAMP RUCKER ATTENDING CIVILIAN CONTRACT SCHOOLS. IN WHICH IT WAS HELD THAT A MEMBER WHO WAS ASSIGNED TO TWO OR MORE PLACES AS A STUDENT FOR COURSES OF INSTRUCTION OF A TOTAL OF 20 WEEKS OR MORE.

B-125493, JAN. 18, 1956

TO THE HONORABLE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO LETTER TO SEPTEMBER 13, 1955, WITH ENCLOSURES, FROM THE ASSISTANT SECRETARY, REQUESTING A DECISION AS TO WHETHER ORDERS DIRECTING MEMBERS TO ATTEND THE REVISED ARMY CARGO HELICOPTER PILOT COURSE IN THE CIRCUMSTANCES DESCRIBED MAY BE CONSIDERED PERMANENT CHANGE OF STATION ORDERS FOR TRAVEL AND TRANSPORTATION ALLOWANCE PURPOSES.

IT IS STATED IN THE SUBMISSION THAT THIS REVISED COURSE OF INSTRUCTION WILL BE SCHEDULED FOR 34 WEEKS' DURATION AND THAT IT WILL BE CONDUCTED BY THE ARMY AVIATION SCHOOL, CAMP RUCKER, ALABAMA, AT SEVERAL LOCATIONS IN THREE PHASES AS FOLLOWS: PHASE ONE FOR 4 WEEKS AT CAMP RUCKER; PHASE TWO FOR 18 WEEKS AT CIVILIAN CONTRACT SCHOOLS WITHIN 500 MILES OF CAMP RUCKER; AND PHASE THREE FOR 12 WEEKS AT CAMP RUCKER. FURTHER, IT IS STATED THAT THE DEPARTMENT OF THE ARMY PROPOSES TO SEND MEMBERS SELECTED TO ATTEND THIS COURSE OF INSTRUCTION TO CAMP RUCKER UNDER PERMANENT CHANGE OF STATION ORDERS AND TO CONSIDER SUCH MEMBERS AS BEING IN A TEMPORARY DUTY STATUS WHILE THEY ARE AWAY FROM CAMP RUCKER ATTENDING CIVILIAN CONTRACT SCHOOLS. YOUR DOUBT AS TO THE PROPRIETY OF CONSIDERING THE ASSIGNMENT OF MEMBERS TO CAMP RUCKER AS A PERMANENT CHANGE OF STATION ARISES BECAUSE OF OUR DECISION OF JUNE 23, 1953, 32 COMP. GEN. 569, AMPLIFIED AND AFFIRMED IN DECISIONS OF OCTOBER 8, 1954, B-115509, AND NOVEMBER 29, 1954, 34 COMP. GEN. 260, IN WHICH IT WAS HELD THAT A MEMBER WHO WAS ASSIGNED TO TWO OR MORE PLACES AS A STUDENT FOR COURSES OF INSTRUCTION OF A TOTAL OF 20 WEEKS OR MORE, BUT LESS THAN 20 WEEKS' DURATION AT ANY ONE PLACE, WAS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE INCIDENT TO SUCH ASSIGNMENTS.

AS WAS POINTED OUT IN THESE DECISIONS, STATUTES AUTHORIZING TRANSPORTATION OF DEPENDENTS OF A MEMBER ORDERED TO MAKE A PERMANENT CHANGE OF STATION CLEARLY WERE INTENDED TO RELIEVE HIM OF THE BURDEN OF TRANSPORTING HIS DEPENDENTS AT HIS OWN EXPENSE WHEN CONDITIONS OF THE SERVICE WARRANTED A CHANGE IN THEIR RESIDENCE. FOR THIS REASON, WE HAVE INTERPOSED NO OBJECTION TO REGULATIONS PROVIDING FOR TRANSPORTATION OF DEPENDENTS INCIDENT TO ORDERS TO A COURSE OF INSTRUCTION SCHEDULED FOR FIVE MONTHS OR MORE, EVEN THOUGH SUCH ASSIGNMENT LACKED CERTAIN ELEMENTS ORDINARILY PRESENT IN A PERMANENT CHANGE OF STATION. IT IS UNDERSTOOD THAT THE MEMBERS WHO ARE SELECTED TO ATTEND THE REVISED ARMY CARGO HELICOPTER PILOT COURSE FOR A PERIOD OF 34 WEEKS WILL BE DETACHED FROM THEIR OLD DUTY STATIONS AND ASSIGNED TO CAMP RUCKER BY PERMANENT CHANGE OF STATION ORDERS. IF THE ORDERS ARE SO ISSUED, SINCE CAMP RUCKER WOULD BE THE ONLY PERMANENT STATION OF THE MEMBERS INVOLVED, WE WOULD NOT BE REQUIRED TO OBJECT TO OTHERWISE PROPER PAYMENTS TO THEM FOR TRAVEL AND TRANSPORTATION ALLOWANCES AS FOR A PERMANENT CHANGE OF STATION TO CAMP RUCKER, NOTWITHSTANDING THAT CERTAIN ABSENCES FROM SUCH STATION IN A TEMPORARY DUTY STATUS FOR THE PURPOSE OF ATTENDING CIVILIAN CONTRACT SCHOOLS ARE CONTEMPLATED.