B-129410, NOV. 29, 1956

B-129410: Nov 29, 1956

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CRANDALL: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6. YOUR CLAIM WAS DISALLOWED PRIMARILY FOR THE REASON THAT THERE WAS NO OFFICIAL EVIDENCE AS TO THE DATE OF REPORTING TO YOUR NEW PERMANENT DUTY STATION. YOU NOW SUBMIT AN EXTRACT COPY OF THE MORNING REPORT OF THE ORGANIZATION TO WHICH YOU WERE ATTACHED AT FORT GEORGE G. YOU WERE RELEASED FROM ASSIGNMENT AT THAT BASE AND DIRECTED TO PROCEED ON FEBRUARY 28. PARAGRAPH 9006 STATES THAT THE ALLOWANCE SHALL BE PAYABLE TO ALL MEMBERS "UNDER PERMANENT CHANGE OF STATION ORDERS WHICH ARE EFFECTIVE ON AND AFTER 1 APRIL 1955. PARAGRAPH 3003-1B PROVIDES THAT "WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDER.

B-129410, NOV. 29, 1956

TO LIEUTENANT COLONEL EUGENE F. CRANDALL:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6, 1956, WITH ENCLOSURES, CONCERNING THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED AUGUST 24, 1956, WHICH DISALLOWED YOUR CLAIM FOR A DISLOCATION ALLOWANCE IN CONNECTION WITH YOUR CHANGE OF STATION UNDER ORDERS DATED FEBRUARY 7 AND FEBRUARY 28, 1955.

IN SUBMITTING YOUR ORIGINAL CLAIM YOU ALLEGED THAT YOU REPORTED TO YOUR DUTY STATION ON APRIL 8, 1955. YOUR CLAIM WAS DISALLOWED PRIMARILY FOR THE REASON THAT THERE WAS NO OFFICIAL EVIDENCE AS TO THE DATE OF REPORTING TO YOUR NEW PERMANENT DUTY STATION. YOU NOW SUBMIT AN EXTRACT COPY OF THE MORNING REPORT OF THE ORGANIZATION TO WHICH YOU WERE ATTACHED AT FORT GEORGE G. MEADE, MARYLAND, SHOWING THE REPORTING DATE AS APRIL 8, 1955.

IT APPEARS THAT YOU RETURNED TO THE UNITED STATES FROM OVERSEAS UNDER PERMANENT CHANGE OF STATION ORDERS DATED FEBRUARY 7, 1955, FORT GEORGE G. MEADE BEING YOUR ULTIMATE NEW DUTY STATION, WITH 30 DAYS' DELAY EN ROUTE TO COUNT AS LEAVE. BY SPECIAL ORDERS NO. 59, HEADQUARTERS, PERSONNEL CENTER 6020 SU, OAKLAND ARMY BASE, CALIFORNIA, DATED FEBRUARY 28, 1955, YOU WERE RELEASED FROM ASSIGNMENT AT THAT BASE AND DIRECTED TO PROCEED ON FEBRUARY 28, 1955, TO HEADQUARTERS, SECOND ARMY, FORT GEORGE G. MEADE, MARYLAND, FOR DUTY.

CHAPTER 9, JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1955, ISSUED UNDER AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 18, AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE IN CONNECTION WITH A PERMANENT CHANGE OF STATION IN THE CIRCUMSTANCES THERE STATED, AND PARAGRAPH 9006 STATES THAT THE ALLOWANCE SHALL BE PAYABLE TO ALL MEMBERS "UNDER PERMANENT CHANGE OF STATION ORDERS WHICH ARE EFFECTIVE ON AND AFTER 1 APRIL 1955, NOTWITHSTANDING DATE OF ISSUANCE (SEE PAR. 3003-1B)," IF OTHERWISE AUTHORIZED UNDER CHAPTER 9. PARAGRAPH 3003-1B PROVIDES THAT "WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDER, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF ORDERS.' UNDER THE EXPRESS PROVISIONS OF THAT PARAGRAPH, THE AMOUNT OF SUCH LEAVE OR DELAY IS ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS.

WHILE YOU MAY HAVE REPORTED AT FORT GEORGE G. MEADE ON APRIL 8, 1955, THE ORDERS OF FEBRUARY 28, 1955, EXPRESSLY AUTHORIZED 30 DAYS' LEAVE ONLY. SINCE YOU WERE RELIEVED FROM DUTY AT OAKLAND ARMY BASE, CALIFORNIA, ON FEBRUARY 28, 1955, YOUR LEAVE EXPIRED ON MARCH 30, 1955, AND, THEREFORE, UNDER THE PROVISIONS OF PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS, YOUR ORDERS BECAME EFFECTIVE ON MARCH 31, 1955, OR PRIOR TO APRIL 1, 1955.

ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF A DISLOCATION ALLOWANCE UNDER SUCH ORDERS.