B-129999, JAN. 31, 1957

B-129999: Jan 31, 1957

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REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER STATED IN FAVOR OF SP-3 (SPECIAL SHORE PARTY. THE ENLISTED MAN WAS RELEASED FROM ASSIGNMENT AT FORT GEORGE C. HIS WIFE WAS LIVING WITH. SHE WAS UNDER OBSERVATION BY AN ARMY PSYCHIATRIST. SHE WAS TRANSFERRED FROM THAT HOSPITAL TO PILGRIM STATE HOSPITAL. THE ENLISTED MAN CONCLUDES BY STATING THAT SHE IS PRESENTLY UNDERGOING PSYCHIATRIC TREATMENT AT THAT HOSPITAL AND WILL BE CONFINED THERE FOR AN UNDETERMINED PERIOD. YOU EXPRESS DOUBT AS TO WHETHER THE TRAVEL AS PERFORMED COULD BE CONSIDERED TRAVEL TO A PLACE WHERE THE DEPENDENT INTENDS TO REMAIN AND TO ESTABLISH A BONA FIDE RESIDENCE UNTIL FURTHER TRANSPORTATION IS AUTHORIZED. SINCE THE DEPENDENT UNDOUBTEDLY WOULD HAVE PERFORMED THE TRAVEL TO SOME HOSPITAL HAD THE MEMBER NOT RECEIVED THE ORDERS.

B-129999, JAN. 31, 1957

TO MAJOR L. M. CHANEY, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF OCTOBER 19, 1956, WITH ENCLOSURES, FORWARDED HERE BY FIRST ENDORSEMENT DATED DECEMBER 5, 1956, REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER STATED IN FAVOR OF SP-3 (SPECIAL SHORE PARTY, THIRD CLASS) GEORGE W. PEOPLES, RA 36169878, FOR REIMBURSEMENT FOR HIS WIFE'S TRAVEL FROM WASHINGTON, D.C., TO PILGRIM STATE HOSPITAL, BRENTWOOD, LONG ISLAND, NEW YORK, ON AUGUST 26, 1956, AND FOR A DISLOCATION ALLOWANCE, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS OF AUGUST 7 AND AUGUST 14, 1956, THE ENLISTED MAN WAS RELEASED FROM ASSIGNMENT AT FORT GEORGE C. MEADE, MARYLAND, AND ASSIGNED TO DUTY AT FORT DEVENS, MASSACHUSETTS, TO REPORT NOT LATER THAN AUGUST 21, 1956. THE ENLISTED MAN CERTIFIES THAT PRIOR TO HIS TRANSFER TO FORT DEVENS, MASSACHUSETTS, HIS WIFE WAS LIVING WITH, AND UNDER THE CARE OF, RELATIVES IN WASHINGTON, D.C., AND THAT FOR APPROXIMATELY 10 DAYS PRIOR TO HIS DEPARTURE FROM FORT MEADE, MARYLAND, SHE WAS UNDER OBSERVATION BY AN ARMY PSYCHIATRIST. HE FURTHER CERTIFIES THAT WHILE EN ROUTE FROM FORT MEADE TO HIS NEW STATION, HIS WIFE'S CONDITION BECAME QUITE SERIOUS AND ON AUGUST 26, 1956, THE NEW YORK CITY POLICE SUGGESTED THAT SHE BE TAKEN TO BELLEVUE HOSPITAL, NEW YORK, FOR OBSERVATION. ON SEPTEMBER 20, 1956, SHE WAS TRANSFERRED FROM THAT HOSPITAL TO PILGRIM STATE HOSPITAL, BRENTWOOD, LONG ISLAND, NEW YORK, UNDER COURT ORDER. THE ENLISTED MAN CONCLUDES BY STATING THAT SHE IS PRESENTLY UNDERGOING PSYCHIATRIC TREATMENT AT THAT HOSPITAL AND WILL BE CONFINED THERE FOR AN UNDETERMINED PERIOD.

YOU EXPRESS DOUBT AS TO WHETHER THE TRAVEL AS PERFORMED COULD BE CONSIDERED TRAVEL TO A PLACE WHERE THE DEPENDENT INTENDS TO REMAIN AND TO ESTABLISH A BONA FIDE RESIDENCE UNTIL FURTHER TRANSPORTATION IS AUTHORIZED. ALSO, YOU ASK WHETHER SUCH TRAVEL COULD BE CONSIDERED TRAVEL INCIDENT TO PERMANENT CHANGE OF STATION, SINCE THE DEPENDENT UNDOUBTEDLY WOULD HAVE PERFORMED THE TRAVEL TO SOME HOSPITAL HAD THE MEMBER NOT RECEIVED THE ORDERS.

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, PROVIDES FOR TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION, EXCEPT SUCH EXPENSE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT (PARAGRAPH 7000-13) FOR ANY TRAVEL OF DEPENDENTS BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE, AND TRAVEL EXPENSE OF DEPENDENTS FOR PLEASURE TRIPS OR FOR PURPOSE OTHER THAN WITH THE INTENT TO CHANGE THE DEPENDENT'S RESIDENCE. WHILE THE ENLISTED MAN'S WIFE COMPLETED ONLY PART OF THE TRAVEL TO THE NEW DUTY STATION AT FORT DEVENS, MASSACHUSETTS, IT SEEMS CLEAR THAT WHEN THE TRAVEL WAS COMMENCED THE DEPENDENT INTENDED TO ESTABLISH A RESIDENCE AT THE NEW DUTY STATION WHICH WOULD HAVE BEEN ESTABLISHED BUT FOR THE FACT THAT THE TRAVEL WAS INTERRUPTED DUE TO HER SERIOUS ILLNESS EN ROUTE. ON THAT BASIS, AND SINCE THE DEPENDENT PRESENTLY IS CONFINED TO AN INSTITUTION FOR AN UNDETERMINED PERIOD, THE ENLISTED MAN'S CERTIFICATE MAY BE ACCEPTED AS ESTABLISHING THAT THE TRAVEL PERFORMED TO PILGRIM STATE HOSPITAL WAS WITH THE INTENT TO CHANGE THE DEPENDENT'S RESIDENCE. HENCE, PAYMENT IS AUTHORIZED ON THE VOUCHER FOR THE TRAVEL PERFORMED BETWEEN WASHINGTON, D.C., AND PILGRIM STATE HOSPITAL, LONG ISLAND, NEW YORK.

CONCERNING THE PAYMENT OF DISLOCATION ALLOWANCE, SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED BY SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, AUTHORIZES, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION. PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT STATUTE, AUTHORIZES 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. SINCE THE DEPENDENT DEPARTED HER FORMER ABODE WITH THE INTENTION OF LOCATING ELSEWHERE, AND SINCE THE ENLISTED MAN IS ENTITLED TO TRAVEL ALLOWANCE FOR HIS WIFE'S TRAVEL TO PILGRIM STATE HOSPITAL, LONG ISLAND, NEW YORK, INCIDENT TO HIS PERMANENT CHANGE OF STATION ORDERS, AND SUCH TRAVEL HAS BEEN COMPLETED, THE FACT THAT THE RELOCATION, WHICH WAS BEYOND THE CONTROL OF CLAIMANT, WAS AT A PLACE OTHER THAN ORIGINALLY INTENDED NEED NOT BE REGARDED AS BARRING HIS RIGHT TO A DISLOCATION ALLOWANCE. ACCORDINGLY, YOU ARE AUTHORIZED TO CREDIT THE ENLISTED MAN'S ACCOUNT WITH THE AMOUNT OF THE DISLOCATION ALLOWANCE, IF OTHERWISE CORRECT.