B-130003, JAN. 14, 1957

B-130003: Jan 14, 1957

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DEPARTMENT OF THE ARMY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 25. USAR) WAS RELEASED FROM ASSIGNMENT AND DUTY AT ANNISTON ORDNANCE DEPOT. THAT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS WAS AUTHORIZED. CAPTAIN THOMPSON WAS SEPARATED FROM THE SERVICE AT FORT POLK ON MAY 7. HE IS STILL STATIONED. IT IS STATED THAT A CLAIM FOR REIMBURSEMENT FOR HER TRAVEL HAS BEEN SUBMITTED. IT IS NOT SHOWN. IT IS STATED THAT QUESTION AS TO WHETHER THE DISLOCATION ALLOWANCE MAY BE PAID ARISES FROM THE FACT THAT THE PERMANENT CHANGE OF STATION WAS FOR THE PURPOSE OF SEPARATION. 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.

B-130003, JAN. 14, 1957

TO MAJOR J. B. ISBELL, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 25, 1956, REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF MASTER SERGEANT WILLARD D. THOMPSON TO A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED MARCH 26, 1956, AS AMENDED BY ORDERS DATED APRIL 10, 1956, THE CLAIMANT (THEN A CAPTAIN, USAR) WAS RELEASED FROM ASSIGNMENT AND DUTY AT ANNISTON ORDNANCE DEPOT, ANNISTON, ALABAMA, AND DIRECTED TO PROCEED TO FORT POLK, LOUISIANA, FOR RELEASE FROM ACTIVE DUTY IN ACCORDANCE WITH SECTION VI, ARMY REGULATIONS 135-173. THAT REGULATION PROVIDES FOR RELEASE OF OFFICERS OF RESERVE COMPONENTS FOR THE PURPOSE OF CONTINUING IN THE SERVICE IN A REGULAR ARMY WARRANT OFFICER STATUS OR ENLISTED STATUS UPON IMMEDIATE ENLISTMENT OR REENLISTMENT IN THE REGULAR ARMY. THE ORDERS CONTAINED THE ABBREVIATION "PCS" INDICATING A PERMANENT CHANGE OF STATION, AND THAT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS WAS AUTHORIZED. CAPTAIN THOMPSON WAS SEPARATED FROM THE SERVICE AT FORT POLK ON MAY 7, 1956, AND THE NEXT DAY REENLISTED THERE, AS MASTER SERGEANT, FOR A PERIOD OF THREE YEARS, WHERE APPARENTLY, HE IS STILL STATIONED. HIS WIFE TRAVELED FROM ANNISTON, ALABAMA, TO DERIDDER, LOUISIANA, IN APRIL 1956 INCIDENT TO THE AMENDED ORDERS. IT IS STATED THAT A CLAIM FOR REIMBURSEMENT FOR HER TRAVEL HAS BEEN SUBMITTED. IT IS NOT SHOWN, HOWEVER, THAT SUCH CLAIM HAS BEEN PAID. ALSO, IT APPEARS THAT THE CLAIMANT DID NOT RECEIVE A TRAVEL ALLOWANCE (LAST STATION TO HOME) INCIDENT TO HIS SEPARATION AND REENLISTMENT. IT IS STATED THAT QUESTION AS TO WHETHER THE DISLOCATION ALLOWANCE MAY BE PAID ARISES FROM THE FACT THAT THE PERMANENT CHANGE OF STATION WAS FOR THE PURPOSE OF SEPARATION.

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. IT CONTAINS A RESTRICTION, HOWEVER, BY PROVIDING THAT A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HOME TO FIRST DUTY STATION OR FROM LAST STATION TO HOME. PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT STATUTE, AUTHORIZES 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- 3 OF THE SAME REGULATIONS IN SETTING FORTH THE CIRCUMSTANCES IN WHICH THE ALLOWANCE IS NOT PAYABLE, INCLUDING THE RESTRICTION ON THE PERMANENT CHANGE OF STATION FROM HOME TO FIRST DUTY STATION AND FROM LAST STATION TO HOME, SPECIFICALLY PROVIDES THAT THIS RESTRICTION DOES NOT APPLY IN THE CASE OF MEMBERS TRANSFERRED ON A PERMANENT CHANGE OF STATION SUBSEQUENT TO SEPARATION AND REENTRY INTO THE SERVICE AT THE SAME STATION IN THE SAME OR A DIFFERENT STATUS WITHOUT BREAK IN ACTIVE SERVICE.

RESPECTING THE TRANSPORTATION OF THE MEMBER'S DEPENDENTS INCIDENT TO THE ORDERED PERMANENT CHANGE OF STATION, PARAGRAPH 7011-4, JOINT TRAVEL REGULATIONS, PROVIDES THAT A MEMBER WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY FOR THE PURPOSE OF CONTINUING ON ACTIVE DUTY (OTHER THAN EXPIRATION OF ENLISTMENT OR PRESCRIBED TERM OF SERVICE) IN THE SAME OR ANOTHER STATUS, IS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS IN THAT CONNECTION. THE REGULATION FURTHER PROVIDES, HOWEVER, THAT SUCH PROHIBITION IS NOT TO BE CONSIDERED AS DENYING THE TRANSPORTATION OF DEPENDENTS WHEN A MEMBER IS TRANSFERRED ON A PERMANENT CHANGE OF STATION IN CONJUNCTION WITH REENTRY OR CONTINUANCE IN THE SERVICE. WHILE THE ORDERS OF MARCH 26, 1956, PROVIDED FOR THE OFFICER'S TRANSFER ON A PERMANENT CHANGE OF STATION TO FORT POLK FOR RELEASE FROM ACTIVE DUTY, IT ALSO APPEARS THAT SUCH RELEASE WAS AUTHORIZED FOR THE PURPOSE OF PERMITTING HIM TO CONTINUE IN THE SERVICE IN AN ENLISTED STATUS AND THAT IT WAS CONTEMPLATED THAT FORT POLK WOULD, IN FACT, BE HIS PERMANENT STATION RATHER THAN MERELY A POINT OF SEPARATION. ON THAT BASIS HE WAS ENTITLED TO TRANSPORTATION IN KIND OR A MONETARY ALLOWANCE FOR THE TRAVEL OF HIS WIFE TO HIS NEW STATION.

AS SET FORTH ABOVE, PARAGRAPH 9003-3 OF THE REGULATIONS REFERS TO A CASE IN WHICH THE PERMANENT CHANGE OF STATION OCCURS SUBSEQUENT TO SEPARATION AND REENTRY AT THE SAME STATION WITHOUT A BREAK IN SERVICE, WHEREAS, IN THE PRESENT CASE THE CHANGE OCCURRED PRIOR TO THE SEPARATION. THE REGULATIONS, HOWEVER, APPARENTLY CONTEMPLATE THE PAYMENT OF THE DISLOCATION ALLOWANCE INCIDENT TO A CHANGE OF STATION ORDERED IN CONJUNCTION WITH A SEPARATION FOR THE PURPOSE OF REENTRY INTO THE SERVICE AT THE SAME STATION WITHOUT BREAK IN SERVICE, PROVIDED TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO BE FURNISHED OR A TRAVEL ALLOWANCE IS AUTHORIZED TO BE PAID FOR THEIR TRAVEL IN THAT CONNECTION, EVEN IF THE CHANGE OF STATION BE EFFECTED PRIOR TO RELEASE RATHER THAN AFTER REENTRY INTO THE SERVICE. COMPARE 36 COMP. GEN. 71.

SINCE UNDER THE APPLICABLE STATUTE AND REGULATIONS THE CLAIMANT WAS ENTITLED TO TRANSPORTATION IN KIND OR A MONETARY ALLOWANCE FOR THE TRAVEL OF HIS DEPENDENT (WIFE) INCIDENT TO HIS PERMANENT CHANGE OF STATION ORDERS DATED MARCH 26, 1956, AS AMENDED, AND INASMUCH AS SUCH TRAVEL HAS BEEN COMPLETED, HIS CASE COMES WITHIN THE PROVISIONS OF THE STATUTE AND REGULATIONS AUTHORIZING THE ALLOWANCE.

ACCORDINGLY, YOU ARE AUTHORIZED TO CREDIT THE MEMBER'S ACCOUNT WITH THE AMOUNT OF THE DISLOCATION ALLOWANCE IF OTHERWISE CORRECT. THE MILITARY PAY ORDER AND SUPPORTING PAPERS ARE RETURNED HEREWITH.