B-128151, AUG. 29, 1956

B-128151: Aug 29, 1956

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IT APPEARS THAT THE RESIGNATION OF CAPTAIN HYDE WAS ACCEPTED BY THE SECRETARY OF THE NAVY ON APRIL 18. HE WAS TRANSFERRED FROM DUTY IN THE TERRITORY OF HAWAII TO SAN FRANCISCO. CAPTAIN WASE WAS NOTIFIED THAT HE WOULD BE HONORABLY DISCHARGED ON JUNE 30. HE WAS TRANSFERRED FROM DUTY IN JAPAN TO SAN FRANCISCO. CAPTAIN LA BELLMAN WAS TRANSFERRED FROM DUTY IN TAIWAN TO SAN FRANCISCO. WAS RETIRED EFFECTIVE JULY 1. 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. 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-128151, AUG. 29, 1956

TO DISBURSING OFFICER, UNITED STATES MARINE CORPS:

BY FIRST ENDORSEMENT OF JUNE 4, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF MAY 22, 1956, REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF CAPTAIN EMMETT J. HYDE, CAPTAIN RAYMOND E. WASE, AND CAPTAIN MEYER LA BELLMAN, TO A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES SHOWN.

IT APPEARS THAT THE RESIGNATION OF CAPTAIN HYDE WAS ACCEPTED BY THE SECRETARY OF THE NAVY ON APRIL 18, 1956, TO BECOME EFFECTIVE UPON DELIVERY TO HIM OF NOTIFICATION OF SUCH ACCEPTANCE. BY ORDERS DATED APRIL 30, 1956, HE WAS TRANSFERRED FROM DUTY IN THE TERRITORY OF HAWAII TO SAN FRANCISCO, CALIFORNIA, FOR DUTY PENDING HIS RESIGNATION BECOMING EFFECTIVE. HIS DEPENDENTS TRAVELED AT GOVERNMENT EXPENSE FROM THE TERRITORY OF HAWAII TO SAN FRANCISCO BETWEEN MAY 6 AND 7, AND THENCE TO SAN BRUNO, CALIFORNIA, ON MAY 11, 1956.

BY LETTER FROM THE COMMANDANT OF THE MARINE CORPS DATED JANUARY 26, 1956, CAPTAIN WASE WAS NOTIFIED THAT HE WOULD BE HONORABLY DISCHARGED ON JUNE 30, 1956, UNDER THE PROVISIONS OF THE OFFICER PERSONNEL ACT OF 1947, AS AMENDED, HAVING TWICE FAILED OF SELECTION FOR PROMOTION TO THE GRADE OF MAJOR. BY ORDERS DATED FEBRUARY 11, 1956, HE WAS TRANSFERRED FROM DUTY IN JAPAN TO SAN FRANCISCO, CALIFORNIA, FOR DUTY PENDING HIS DISCHARGE. HIS DEPENDENTS TRAVELED AT GOVERNMENT EXPENSE FROM JAPAN TO SAN FRANCISCO BETWEEN FEBRUARY 27 AND MARCH 9, 1956, AND THENCE TO TAMPA, FLORIDA BETWEEN MARCH 16 AND APRIL 1, 1956.

BY ORDERS DATED FEBRUARY 17, 1956, CAPTAIN LA BELLMAN WAS TRANSFERRED FROM DUTY IN TAIWAN TO SAN FRANCISCO, CALIFORNIA, FOR DUTY PENDING RETIREMENT. HE REPORTED AT SAN FRANCISCO ON MAY 14, 1956, AND WAS RETIRED EFFECTIVE JULY 1, 1956. HIS DEPENDENTS TRAVELED AT GOVERNMENT EXPENSE FROM TAIWAN TO SAN FRANCISCO BETWEEN MAY 9 AND 14, 1956.

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, 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, 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 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. PARAGRAPH 9003- 4 OF THE SAME REGULATIONS PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED "FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE, RELEASE FROM ACTIVE DUTY, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, OR RETIREMENT.'

WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE, AND, WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT PARTICULARLY AS TO ITS DURATION, THE NATURE OF THE DUTY ENJOINED, ETC. 24 COMP. GEN. 667, 670; 33 ID. 98. EACH OF THE OFFICERS HERE INVOLVED WERE TRANSFERRED FROM DUTY OVERSEAS TO SAN FRANCISCO, CALIFORNIA, FOR A SHORT PERIOD OF DUTY IN CONNECTION WITH THEIR RESIGNATION, RETIREMENT, OR DISCHARGE. THUS, SAN FRANCISCO MUST BE REGARDED AS THEIR TEMPORARY DUTY STATION. THE PERMANENT CHANGE OF STATION FOR THESE OFFICERS WAS FROM OVERSEAS TO THEIR RESPECTIVE HOMES, INCIDENT TO WHICH THE TRAVEL OF THEIR DEPENDENTS AT GOVERNMENT EXPENSE WAS AUTHORIZED.

SINCE THE STATUTE AND REGULATIONS BAR THE PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER WHEN HE IS ORDERED FROM LAST DUTY STATION TO HOME, NO RIGHT TO SUCH ALLOWANCE ACCRUED TO CAPTAIN HYDE, CAPTAIN WASE, OR CAPTAIN LA BELLMAN.

HOWEVER, IT APPEARS THAT IF PROPERLY CLAIMED, THESE OFFICERS MAY BE ENTITLED TO A PER DIEM ALLOWANCE AS AUTHORIZED BY PARAGRAPH 4205-6 (E) OF THE JOINT TRAVEL REGULATIONS.