B-127198, MAR. 29, 1956

B-127198: Mar 29, 1956

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DEPARTMENT OF THE ARMY: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13. SERGEANT MEKETA WAS RELEASED FROM DUTY IN GERMANY. HIS DEPENDENTS (WIFE AND DAUGHTER) WERE ALSO RETURNED TO THE UNITED STATES FROM HIS OVERSEAS STATION. SERGEANT MEKETA AND HIS WIFE WERE FURNISHED TRANSPORTATION BY MILITARY AIRCRAFT FROM OVERSEAS TO FITZSIMONS ARMY HOSPITAL AND THE DAUGHTER TO SCOTT AIR FORCE BASE. " TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH A PERMANENT CHANGE OF STATION. AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS HAVE COMPLETED TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION IF TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO BE FURNISHED OR TRAVEL ALLOWANCES ARE AUTHORIZED TO BE PAID.

B-127198, MAR. 29, 1956

TO MAJOR G. A. SEAMANDS, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13, 1955, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF RUDOLPH J. MEKETA, TECHNICAL SERGEANT, USAF, FOR A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES SHOWN.

BY PERMANENT CHANGE OF STATION ORDERS DATED OCTOBER 26 AND 31, AND NOVEMBER 4, 1955, SERGEANT MEKETA WAS RELEASED FROM DUTY IN GERMANY, RETURNED TO THE UNITED STATES IN A PATIENT STATUS, AND ASSIGNED TO FITZSIMONS ARMY HOSPITAL, DENVER, COLORADO, FOR FURTHER OBSERVATION AND TREATMENT. BY THE SAME ORDERS DATED OCTOBER 31 AND NOVEMBER 4, 1955, HIS DEPENDENTS (WIFE AND DAUGHTER) WERE ALSO RETURNED TO THE UNITED STATES FROM HIS OVERSEAS STATION, HIS WIFE GOING LIKEWISE IN A PATIENT STATUS TO FITZSIMONS ARMY HOSPITAL AND HIS DAUGHTER TO HIS BROTHER'S HOME IN ALBUQUERQUE, NEW MEXICO. SERGEANT MEKETA AND HIS WIFE WERE FURNISHED TRANSPORTATION BY MILITARY AIRCRAFT FROM OVERSEAS TO FITZSIMONS ARMY HOSPITAL AND THE DAUGHTER TO SCOTT AIR FORCE BASE, ILLINOIS, FROM WHENCE SHE TRAVELED BY RAIL TO ALBUQUERQUE AT PERSONAL EXPENSE.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED BY SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, AUTHORIZES, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, PAYMENT OF A DISLOCATION ALLOWANCE,"EQUAL TO HIS MONTHLY BASIC ALLOWANCE FOR QUARTERS," TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH 9002, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT STATUTE, AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS HAVE COMPLETED TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION IF TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO BE FURNISHED OR TRAVEL ALLOWANCES ARE AUTHORIZED TO BE PAID. PARAGRAPH 7004-2 OF THE SAME REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY OUTSIDE THE UNITED STATES WHO IS TRANSFERRED AS A PATIENT TO A HOSPITAL IN THE UNITED STATES FOR FURTHER OBSERVATION AND TREATMENT MAY HAVE HIS DEPENDENTS MOVED FROM THE OVERSEAS STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED, OR AT THE OPTION OF THE MEMBER CONCERNED, TRANSPORTATION MAY BE ISSUED FOR HIS DEPENDENTS TO ANOTHER POINT WITHIN THE UNITED STATES UPON PAYMENT, IF ANY, OF THE EXCESS COST OVER THAT FROM THE PORT OF ENTRY TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED.

WHILE PARAGRAPH 9000 OF THE JOINT TRAVEL REGULATIONS STATES GENERALLY THAT THE PURPOSE OF THE DISLOCATION ALLOWANCE IS TO PARTIALLY REIMBURSE A MEMBER WITH DEPENDENTS FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A PERMANENT CHANGE OF STATION, THE ALLOWANCE IS FIXED ON A COMMUTED BASIS AND NOT A REIMBURSEMENT BASIS AND NO SHOWING OF ACTUAL EXPENSES IS REQUIRED, IT APPARENTLY BEING ASSUMED (AS IN THE CASE OF PER DIEM TRAVEL ALLOWANCES) THAT UNDER THE STIPULATED CONDITIONS SOME EXPENSES NORMALLY WILL BE INCURRED.

SINCE SERGEANT MEKETA'S DEPENDENTS COMPLETED AUTHORIZED TRAVEL INCIDENT TO HIS PERMANENT CHANGE OF STATION ORDERS DIRECTING HIS TRANSFER FROM GERMANY TO A HOSPITAL IN THE UNITED STATES FOR FURTHER OBSERVATION AND TREATMENT, HIS CASE COMES WITHIN THE STIPULATIONS OF THE STATUTE AND REGULATIONS IN THAT RESPECT.