B-129853, DECEMBER 31, 1956, 36 COMP. GEN. 477

B-129853: Dec 31, 1956

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MILITARY PERSONNEL - TRANSPORTATION - DEPENDENTS - DISLOCATION ALLOWANCE A MEMBER OF THE UNIFORMED SERVICES WHOSE WIFE RETURNED TO HER PARENTS' HOME AFTER REMARRIAGE TO THE MEMBER DURING A PERIOD OF LEAVE PENDING THE EFFECTIVE DATE OF HIS ORDERED CHANGE OF STATION OVERSEAS IS NOT ENTITLED TO A DISLOCATION ALLOWANCE FOR THE ACTUAL MOVEMENT OF DEPENDENTS INCIDENT TO A CHANGE OF STATION. REQUESTS A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT STAFF SERGEANT ROBERT H. STAFF SERGEANT ZIMMERMAN WAS ORDERED TO REPORT TO THE COMMANDING GENERAL. HIS TRANSFER WAS MADE EFFECTIVE AUGUST 22. HE WAS ORDERED TO REPORT TO HIS TEMPORARY DUTY STATION NOT LATER THAN 2400. HIS LEAVE WAS EXTENDED NINE DAYS.

B-129853, DECEMBER 31, 1956, 36 COMP. GEN. 477

MILITARY PERSONNEL - TRANSPORTATION - DEPENDENTS - DISLOCATION ALLOWANCE A MEMBER OF THE UNIFORMED SERVICES WHOSE WIFE RETURNED TO HER PARENTS' HOME AFTER REMARRIAGE TO THE MEMBER DURING A PERIOD OF LEAVE PENDING THE EFFECTIVE DATE OF HIS ORDERED CHANGE OF STATION OVERSEAS IS NOT ENTITLED TO A DISLOCATION ALLOWANCE FOR THE ACTUAL MOVEMENT OF DEPENDENTS INCIDENT TO A CHANGE OF STATION.

TO RAY WOODS, UNITED STATES MARINE CORPS, DECEMBER 31, 1956:

YOUR LETTER OF OCTOBER 25, 1956, WITH ENCLOSURES, REQUESTS A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT STAFF SERGEANT ROBERT H. ZIMMERMAN, 809925, U.S. MARINE CORPS, WITH DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES STATED IN THE ENCLOSURES.

IT APPEARS THAT BY PERMANENT CHANGE OF STATION ORDERS DATED JULY 26, 1956, HEADQUARTERS, MARINE CORPS RECRUIT DEPOT, SAN DIEGO 40, CALIFORNIA, STAFF SERGEANT ZIMMERMAN WAS ORDERED TO REPORT TO THE COMMANDING GENERAL, AIRCRAFT, FLEET MARINE FORCE, PACIFIC, MARINE CORPS AIR STATION, EL TORO ( SANTA ANA), CALIFORNIA, FOR TEMPORARY DUTY IN CONNECTION WITH PROCESSING AND FURTHER TRANSPORTATION BEYOND THE SEAS (RESTRICTED AREA) WITH OCTOBER 1956 REPLACEMENT BATTALION FOR DUTY AS A REPLACEMENT. BY FIRST INDORSEMENT ON SUCH ORDERS DATED AUGUST 20, 1956, HIS TRANSFER WAS MADE EFFECTIVE AUGUST 22, 1956, AND HE WAS ORDERED TO REPORT TO HIS TEMPORARY DUTY STATION NOT LATER THAN 2400, SEPTEMBER 22, 1956, WITH DELAY EN ROUTE OF 30 DAYS (CHARGEABLE AS ANNUAL LEAVE) AND ONE DAY TRAVEL TIME VIA PRIVATELY OWNED CONVEYANCE. SUBSEQUENTLY, HIS LEAVE WAS EXTENDED NINE DAYS. ON SEPTEMBER 24, 1956, AT YUMA, ARIZONA, STAFF SERGEANT ZIMMERMAN WAS REMARRIED TO HIS FORMER WIFE WHO NORMALLY RESIDED AT 4172 NORTH 19TH PLACE, MILWAUKEE, WISCONSIN, AND RECEIVED CLASS Q ALLOTMENT PAYMENTS FOR THE SUPPORT OF THEIR DAUGHTER AT THAT ADDRESS. FOLLOWING HIS REMARRIAGE, STAFF SERGEANT ZIMMERMAN WAS REIMBURSED FOR THE TRAVEL OF HIS WIFE FROM YUMA, ARIZONA, TO MILWAUKEE, WISCONSIN. IN HIS DISLOCATION ALLOWANCE CERTIFICATE DATED OCTOBER 16, 1956, STAFF SERGEANT ZIMMERMAN STATES THAT HIS DEPENDENT LEFT YUMA ON SEPTEMBER 24, 1956, AND ARRIVED IN MILWAUKEE ON OCTOBER 13, 1956, AND IN A CERTIFICATE DATED OCTOBER 19, 1956, RELATIVE TO THE MOVEMENT OF HIS HOUSEHOLD, HE STATES THAT " DUE TO MARRIAGE IN YUMA, ARIZONA 24 SEPTEMBER 56, IT WILL BE NECESSARY FOR WIFE TO MOVE FROM PRESENT ADDRESS WHICH IS ADDRESS OF HER PARENTS. SHE IS GOING TO MOVE TO HER OWN HOME IN MILWAUKEE, WISCONSIN AS SOON AS POSSIBLE.' WITH RESPECT TO THIS CERTIFICATE, YOU STATE THAT NO MOVEMENT OF STAFF SERGEANT ZIMMERMAN'S HOUSEHOLD "HAS BEEN MADE AS YET," AND THAT " HE INTENDS TO RELOCATE HIS WIFE AND CHILD IN MILWAUKEE, WISCONSIN ON A FUTURE DATE.'

THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, EFFECTIVE APRIL 1, 1955, BY SECTION 2 (12) OF THE ACT OF MARCH 31, 1955, 69 STAT. 22, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH REGULATIONS AS MAY BE APPROVED BY THE SECRETARY CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO A DISLOCATION ALLOWANCE EQUAL TO HIS MONTHLY BASIC ALLOWANCE FOR QUARTERS. SINCE THE DEPENDENT IN THIS CASE DID NOTHING MORE THAN TO RETURN TO HER USUAL PLACE OF ABODE IN MILWAUKEE FOLLOWING HER MARRIAGE TO THE MEMBER DURING A PERIOD OF LEAVE PENDING THE EFFECTIVE DATE OF HIS ORDERED CHANGE OF STATION, IT DOES NOT APPEAR THAT THERE HAS BEEN A MOVEMENT OF DEPENDENTS SUCH AS WOULD ENTITLE HIM TO DISLOCATION ALLOWANCE.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT OF DISLOCATION ALLOWANCE TO STAFF SERGEANT ZIMMERMAN. THE ENCLOSURES ACCOMPANYING YOUR LETTER ARE RETAINED HERE.