B-128075, AUGUST 13, 1956, 36 COMP. GEN. 113

B-128075: Aug 13, 1956

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A DISLOCATION ALLOWANCE MAY NOT BE PAID IF THE LOCAL MOVE IS INCIDENT TO A CHANGE OF DUTY ASSIGNMENT FROM ONE STATION TO ANOTHER IN THE SAME CITY. 35 COMP. 1956: REFERENCE IS MADE TO LETTER OF MAY 24. FROM THE ASSISTANT SECRETARY OF THE AIR FORCE ( MANPOWER AND PERSONNEL) REQUESTING DECISION AS TO WHETHER WE WOULD BE REQUIRED TO OBJECT TO PAYMENT OF DISLOCATION ALLOWANCE IF THE JOINT TRAVEL REGULATIONS WERE AMENDED TO AUTHORIZE SUCH ALLOWANCE FOR AN INTRA-CITY CHANGE OF A FAMILY RESIDENCE IN CONNECTION WITH A PERMANENT CHANGE OF STATION TO. WHICH HELD THAT A MEMBER OF THE UNIFORMED SERVICES DID NOT BECOME ENTITLED TO A DISLOCATION ALLOWANCE FOR A MOVEMENT OF HIS DEPENDENTS WITHIN THE CITY TO WHICH HE WAS TRANSFERRED ON PERMANENT CHANGE OF STATION ORDERS SINCE NO REIMBURSABLE TRAVEL OF DEPENDENTS WAS INVOLVED.

B-128075, AUGUST 13, 1956, 36 COMP. GEN. 113

MILITARY PERSONNEL - PERMANENT CHANGE OF STATION - DISLOCATION ALLOWANCES - LOCAL TRANSPORTATION A MEMBER OF THE UNIFORMED SERVICES WHO, INCIDENT TO AN ORDERED CHANGE OF PERMANENT STATION WHICH ENTITLES THE MEMBER TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE, MOVES HIS HOUSEHOLD EFFECTS FROM ONE PLACE TO ANOTHER IN THE SAME CITY MAY BE PAID A DISLOCATION ALLOWANCE; HOWEVER, A DISLOCATION ALLOWANCE MAY NOT BE PAID IF THE LOCAL MOVE IS INCIDENT TO A CHANGE OF DUTY ASSIGNMENT FROM ONE STATION TO ANOTHER IN THE SAME CITY. 35 COMP. GEN. 167, MODIFIED.

TO THE SECRETARY OF THE AIR FORCE, AUGUST 13, 1956:

REFERENCE IS MADE TO LETTER OF MAY 24, 1956, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE ( MANPOWER AND PERSONNEL) REQUESTING DECISION AS TO WHETHER WE WOULD BE REQUIRED TO OBJECT TO PAYMENT OF DISLOCATION ALLOWANCE IF THE JOINT TRAVEL REGULATIONS WERE AMENDED TO AUTHORIZE SUCH ALLOWANCE FOR AN INTRA-CITY CHANGE OF A FAMILY RESIDENCE IN CONNECTION WITH A PERMANENT CHANGE OF STATION TO, FROM OR WITHIN THE SAME CITY OR METROPOLITAN AREA, AND TO PROVIDE FOR INTRA-CITY TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE.

THE ASSISTANT SECRETARY'S LETTER REFERS TO OUR DECISION OF SEPTEMBER 29, 1955, 35 COMP. GEN. 167, WHICH HELD THAT A MEMBER OF THE UNIFORMED SERVICES DID NOT BECOME ENTITLED TO A DISLOCATION ALLOWANCE FOR A MOVEMENT OF HIS DEPENDENTS WITHIN THE CITY TO WHICH HE WAS TRANSFERRED ON PERMANENT CHANGE OF STATION ORDERS SINCE NO REIMBURSABLE TRAVEL OF DEPENDENTS WAS INVOLVED, AND STATES THAT IT WOULD APPEAR THAT THIS DECISION WOULD BAR THE PAYMENT AUTHORIZED UNDER PARAGRAPH 9003-6, JOINT TRAVEL REGULATIONS, OF THE DISLOCATION ALLOWANCE IN ANY CASE INVOLVING A PERMANENT CHANGE OF STATION TO A PLACE LOCATED ELSEWHERE IN THE SAME CITY OR METROPOLITAN AREA. FURTHER, IT WAS POINTED OUT THAT SINCE THE PRIMARY PURPOSE OF THE DISLOCATION ALLOWANCE WAS TO COMPENSATE SERVICE PERSONNEL WITH DEPENDENTS FOR EXPENSES INHERENT IN RELOCATING THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION, THE REGULATIONS IMPLEMENTING THE APPLICABLE STATUTE WERE NOT INTENDED TO BAR PAYMENT OF THE ALLOWANCE IN EVERY INSTANCE INVOLVING A CHANGE OF RESIDENCE WHOLLY WITHIN THE SAME CITY OR METROPOLITAN AREA.

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. 18, 21, 37 U.S.C. SUPP. III, 253, AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER OF A UNIFORMED SERVICE WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE "IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION" UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED. PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, PROVIDES FOR 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," AND PARAGRAPH 9003-6 OF SUCH REGULATIONS BARS PAYMENT OF THE ALLOWANCE FOR ANY PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED IN OR ADJACENT TO THE SAME METROPOLITAN AREA, UNLESS THE COMMANDING OFFICER AT THE NEW STATION MAKES A FINDING THAT THE CHANGE OF RESIDENCE WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION.

A RIGHT TO A DISLOCATION ALLOWANCE CANNOT ARISE UNDER THE STATUTE UNTIL A "PERMANENT CHANGE OF STATION" HAS BEEN ORDERED AND THE MEMBER'S DEPENDENTS ACTUALLY "MOVE" IN CONNECTION WITH SUCH CHANGE OF STATION. A PERMANENT STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE JOINT TRAVEL REGULATIONS AS THE POST OF DUTY (INCLUDING THE HOME YARD OR HOME PORT OF A VESSEL) TO WHICH A MEMBER IS ASSIGNED FOR DUTY OTHER THAN TEMPORARY DUTY, THE LIMITS OF WHICH, IF IN A CITY OR TOWN, WILL BE THE CORPORATE LIMITS OF SUCH CITY OR TOWN. IT FOLLOWS THAT NO PERMANENT CHANGE OF STATION IS INVOLVED WHEN A MEMBER IS TRANSFERRED FROM ONE MILITARY INSTALLATION TO ANOTHER WITHIN THE SAME CITY AND NO RIGHT TO A DISLOCATION ALLOWANCE WOULD ACCRUE IN ANY EVENT TO A MEMBER IN CONNECTION WITH SUCH TRANSFER. HOWEVER, SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, AFTER PROVIDING FOR THE TRANSPORTATION OF DEPENDENTS INCIDENT TO A MEMBER'S CHANGE OF PERMANENT STATION AND FOR TRANSPORTATION OF HOUSEHOLD EFFECTS WHETHER THE CHANGE IS PERMANENT OR TEMPORARY, GOES ON TO PROVIDE FOR THE PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER WHOSE DEPENDENTS ARE AUTHORIZED TO "MOVE" AND ACTUALLY "MOVE" IN CONNECTION WITH A PERMANENT CHANGE OF STATION. SINCE THE STATUTE DOES NOT EXPRESSLY REQUIRE ACTUAL TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE AS A PREREQUISITE TO ENTITLEMENT TO A DISLOCATION ALLOWANCE, BUT ONLY THAT THERE BE AN AUTHORIZED ,MOVE" BY DEPENDENTS, WE REASONABLY MAY CONCLUDE THAT PAYMENT OF THE DISLOCATION ALLOWANCE PROPERLY MAY BE MADE UPON A CHANGE OF RESIDENCE BY A MEMBER'S DEPENDENTS IN CONNECTION WITH AN AUTHORIZED MOVEMENT OF HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF PERMANENT STATION, EVEN THOUGH THE ACCOMPANYING TRAVEL BY DEPENDENTS IS LOCAL AND NOT SUCH AS MAY BE PERFORMED OTHER THAN AT PERSONAL EXPENSE. TO THE EXTENT THAT PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, MAY INDICATE THAT THERE FIRST MUST BE A PAYMENT IN REIMBURSEMENT FOR DEPENDENT TRAVEL, THE REGULATIONS WOULD APPEAR TO GO BEYOND THE REQUIREMENTS OF THE STATUTE.

THE REGULATIONS GOVERNING TRANSPORTATION OF HOUSEHOLD EFFECTS AUTHORIZE DRAYAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM ONE AREA TO ANOTHER AREA WITHIN THE SAME CITY, TOWN, OR METROPOLITAN AREA, WHEN IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH 8005 4, JOINT TRAVEL REGULATIONS. ACCORDINGLY, A MEMBER IS ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE IN CONNECTION WITH ANY SUCH RELOCATION OF HIS HOUSEHOLD IF THE NECESSITY FOR THE CHANGE OF RESIDENCE IS CERTIFIED AS REQUIRED BY PARAGRAPH 9003-6, JOINT TRAVEL REGULATIONS, AND IF INCIDENT TO AN ORDERED CHANGE OF PERMANENT STATION OTHERWISE ENTITLING THE MEMBER TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE. TO THE EXTENT THAT OUR EARLIER DECISIONS MAY INDICATE A CONTRARY VIEW THEY WILL NO LONGER BE FOLLOWED.

AS POINTED OUT ABOVE, HOWEVER, A CHANGE IN DUTY ASSIGNMENT FROM ONE POINT TO ANOTHER WITHIN THE CORPORATE LIMITS OF THE SAME CITY IS NOT A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF THE APPLICABLE STATUTE AND REGULATIONS SUCH AS WOULD AUTHORIZE TRANSPORTATION OF DEPENDENTS AS REQUIRED BY SECTION 2 (12) OF THE CAREER COMPENSATION ACT, AS AMENDED. HENCE, YOUR QUESTION AS TO WHETHER THE JOINT TRAVEL REGULATIONS PROPERLY MAY BE AMENDED TO PROVIDE FOR PAYMENT OF THE DISLOCATION ALLOWANCE IN SUCH INSTANCES IS ANSWERED IN THE NEGATIVE.