B-127517, JUNE 11, 1956, 35 COMP. GEN. 688

B-127517: Jun 11, 1956

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TO A NEW PERMANENT DUTY STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR THE DEPENDENT'S TRAVEL AND. IS ELIGIBLE TO RECEIVE A DISLOCATION ALLOWANCE AUTHORIZED IN 37 U.S.C. 253 (C) ON COMPLETION OF TRAVEL. 1956: REFERENCE IS MADE TO YOUR LETTER OF MARCH 19. MAJOR CORNELL WAS RELEASED FROM DUTY AT FORT BLISS. AGE 2) ARE MAINTAINING A HOME IN GOVERNMENT QUARTERS. PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS 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-127517, JUNE 11, 1956, 35 COMP. GEN. 688

TRANSPORTATION - DEPENDENTS - MILITARY, NAVAL, ETC. PERSONNEL - DISLOCATION ALLOWANCE AN ARMY OFFICER WHO MOVED HIS HOUSEHOLD, WHICH CONSISTS OF THE MEMBER AND A 2-YEAR-OLD SON, TO A NEW PERMANENT DUTY STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR THE DEPENDENT'S TRAVEL AND, THEREFORE, IS ELIGIBLE TO RECEIVE A DISLOCATION ALLOWANCE AUTHORIZED IN 37 U.S.C. 253 (C) ON COMPLETION OF TRAVEL.

TO CAPTAIN E. B. JARDON, DEPARTMENT OF THE ARMY, JUNE 11, 1956:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 1956, REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF MAJOR JOHN B. CORNELL TO A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED NOVEMBER 10, 1955, MAJOR CORNELL WAS RELEASED FROM DUTY AT FORT BLISS, EL PASO, TEXAS, AND ASSIGNED TO DUTY AT YUMA TEST STATION, YUMA, ARIZONA. IT APPEARS THAT INCIDENT TO THIS CHANGE OF STATION MAJOR CORNELL MOVED HIS HOUSEHOLD FROM EL PASO, TEXAS, TO YUMA, ARIZONA, WHERE HE AND HIS DEPENDENT (SON, AGE 2) ARE MAINTAINING A HOME IN GOVERNMENT QUARTERS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR REIMBURSEMENT THEREFOR OR A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND. PARAGRAPH 7001, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT STATUTE, PROVIDES THAT THE TERM "DEPENDENT" SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES UNMARRIED LEGITIMATE CHILDREN UNDER 21 YEARS OF AGE OF ANY MEMBER OF THE UNIFORMED SERVICES. PARAGRAPH 7002-1 (A) OF THESE REGULATIONS PROVIDES THAT TRANSPORTATION IN KIND MAY BE FURNISHED TO DEPENDENTS OF A MEMBER, REGARDLESS OF THE NUMBER OF DEPENDENTS, UPON A PERMANENT CHANGE OF STATION, WHILE PARAGRAPH 7003 LIMITS THE PAYMENT OF MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND TO DEPENDENTS 5 YEARS OF AGE OR OVER AND TO A MAXIMUM ALLOWANCE OF 18 CENTS PER MILE.

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, 37 U.S.C. 253 (C), AUTHORIZES, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION. PARAGRAPH 9002- 1, 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.

SINCE UNDER THE APPLICABLE STATUTE AND REGULATIONS MAJOR CORNELL WAS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENT (SON) FOR TRAVEL INCIDENT TO HIS PERMANENT CHANGE OF STATION ORDERS DATED NOVEMBER 10, 1955, AND SUCH TRAVEL HAS BEEN COMPLETED, HIS CASE COMES WITHIN THE STIPULATIONS OF THE STATUTE AND REGULATIONS IN THAT RESPECT.

ACCORDINGLY, YOU ARE AUTHORIZED TO CREDIT THE OFFICER'S ACCOUNT WITH THE AMOUNT OF THE DISLOCATION ALLOWANCE, IF OTHERWISE CORRECT. THE MILITARY PAY ORDER AND SUPPORTING PAPERS ARE HEREWITH RETURNED.