B-128061, AUGUST 1, 1956, 36 COMP. GEN. 71

B-128061: Aug 1, 1956

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HIS MILITARY SERVICE AT THAT PLACE IS SEVERED. EVEN THOUGH THE MEMBER IMMEDIATELY GOES TO A NEW STATION FOR REENLISTMENT AND IS THEN TRANSFERRED TO ANOTHER PERMANENT DUTY STATION. 1956: REFERENCE IS MADE TO LETTER OF MAY 24. REENLISTS AT ANOTHER PLACE AND THEN IS TRANSFERRED ON A PERMANENT CHANGE OF STATION TO A THIRD PLACE. IF THE WORDS "AT THE SAME STATION" ARE DELETED FROM THE PARENTHETICAL PHRASE CONTAINED IN PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS. AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE TO MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS "PERMANENT CHANGE OF STATION. " BUT PROVIDES FURTHER THAT " A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HOME TO FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME.'.

B-128061, AUGUST 1, 1956, 36 COMP. GEN. 71

MILITARY PERSONNEL - DISLOCATION ALLOWANCE - REENLISTMENT FOLLOWING DISCHARGE AT ANOTHER STATION AFTER AN ENLISTED MEMBER OF THE UNIFORMED SERVICES LEAVES HIS LAST STATION FOLLOWING DISCHARGE AT THE EXPIRATION OF A TERM OF ENLISTMENT, HIS MILITARY SERVICE AT THAT PLACE IS SEVERED, AND, EVEN THOUGH THE MEMBER IMMEDIATELY GOES TO A NEW STATION FOR REENLISTMENT AND IS THEN TRANSFERRED TO ANOTHER PERMANENT DUTY STATION, THIS ASSIGNMENT MAY NOT BE REGARDED AS A CHANGE FROM THE MEMBER'S LAST DUTY STATION, PRIOR TO DISCHARGE, TO HIS FIRST DUTY STATION AFTER REENLISTMENT FOR PURPOSES OF ENTITLEMENT TO A DISLOCATION ALLOWANCE.

TO THE SECRETARY OF THE AIR FORCE, AUGUST 1, 1956:

REFERENCE IS MADE TO LETTER OF MAY 24, 1956, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE ( MANPOWER AND PERSONNEL) REQUESTING A DECISION AS TO WHETHER A DISLOCATION ALLOWANCE PROPERLY COULD BE PAID TO AN ENLISTED MEMBER OF THE UNIFORMED SERVICES WHO, ON THE DAY FOLLOWING HIS DISCHARGE AT ONE PLACE ON EXPIRATION OF HIS TERM OF SERVICE, REENLISTS AT ANOTHER PLACE AND THEN IS TRANSFERRED ON A PERMANENT CHANGE OF STATION TO A THIRD PLACE, IF THE WORDS "AT THE SAME STATION" ARE DELETED FROM THE PARENTHETICAL PHRASE CONTAINED IN PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY SECTION 2 (12) OF THE ACT OF MARCH 31, 1955, 69 STAT. 21, 37 U.S.C. 253, AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE TO MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS "PERMANENT CHANGE OF STATION," BUT PROVIDES FURTHER THAT " A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HOME TO FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME.' PARAGRAPH 9003-3, JOINT TRAVEL REGULATIONS, PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED "FROM HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, REENLISTMENT, OR INDUCTION (THIS RESTRICTION DOES NOT APPLY IN THE CASE OF SERVICE MEMBERS TRANSFERRED ON A PERMANENT CHANGE OF STATION SUBSEQUENT TO SEPARATION AND REENTRY INTO THE SERVICE AT THE SAME STATION IN THE SAME OR A DIFFERENT STATUS WITHOUT BREAK IN ACTIVE SERVICE).'

WHILE THE WORDS "ORDERED FROM HOME TO FIRST DUTY STATION" USED IN THE STATUTE APPEAR TO BE MORE DESCRIPTIVE WHEN APPLIED TO RESERVISTS, THERE APPEARS TO BE NO REASON WHY AN ENLISTEE SHOULD BE PAID A DISLOCATION ALLOWANCE IN CONNECTION WITH TRAVEL TO HIS FIRST DUTY STATION IF A RESERVIST IS DENIED SUCH ALLOWANCE, AND IT IS BELIEVED THAT THE QUOTED REGULATIONS PROPERLY INTERPRET SUCH WORDS AS BEING APPLICABLE IN CONNECTION WITH TRAVEL TO FIRST DUTY STATION UPON APPOINTMENT, ENLISTMENT, REENLISTMENT, OR INDUCTION, AS WELL AS UPON BEING ORDERED TO ACTIVE DUTY. IT APPEARING THAT THE STATUTE DOES NOT CONTEMPLATE THE PAYMENT OF A DISLOCATION ALLOWANCE IN CONNECTION WITH A CHANGE TO A FIRST DUTY STATION, A RIGHT TO SUCH ALLOWANCE CAN ACCRUE IN CONNECTION WITH A REENLISTMENT ONLY IF THE ASSIGNMENT FOLLOWING REENLISTMENT AT A POINT OTHER THAN THE STATION AT WHICH DISCHARGED CAN BE REGARDED AS A CHANGE FROM AN ENLISTED MAN'S LAST STATION PRIOR TO HIS DISCHARGE TO HIS FIRST DUTY STATION AFTER REENLISTMENT.

WHEN AN ENLISTED MAN LEAVES HIS LAST STATION FOLLOWING HIS DISCHARGE UPON EXPIRATION OF HIS TERM OF ENLISTMENT, ALL CONNECTION WITH HIS MILITARY SERVICE AT THAT PLACE IS EFFECTIVELY SEVERED. NO MANDATORY ORDERS ARE ISSUED DIRECTING TRAVEL FROM THAT PLACE. IN THE ABSENCE OF SUCH ORDERS, THE LAST STATION CANNOT PROPERLY BE VIEWED AS HIS OLD PERMANENT STATION IN CONNECTION WITH BEING ORDERED TO REPORT AT A FIRST DUTY STATION FOLLOWING HIS REENLISTMENT AT A PLACE OTHER THAN THE PLACE OF DISCHARGE, FOR THE PURPOSE OF ESTABLISHING A "PERMANENT CHANGE OF STATION" ENTITLING HIM TO A DISLOCATION ALLOWANCE.

IT IS BELIEVED THAT THE QUOTED REGULATIONS CONTAIN A CORRECT EXPRESSION OF THE LAW AND THAT THE DELETION OF THE PHRASE "AT THE SAME STATION" WOULD NOT FURNISH A SUFFICIENT BASIS FOR PAYMENT OF A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES HERE INVOLVED.