B-130043, JAN. 11, 1957

B-130043: Jan 11, 1957

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1956 (WHICH WAS NOT TRANSMITTED HERE THROUGH APPROPRIATE CHANNELS AS PRESCRIBED BY PARAGRAPH 041322-2A (3). THE MEMBER WAS TRANSFERRED FROM DUTY AT VIRGINIA BEACH. IT IS SHOWN THAT HE WAS PAID A DISLOCATION ALLOWANCE INCIDENT TO THIS CHANGE OF STATION. HE WAS TRANSFERRED FROM DUTY AT ORANGE. HIS CLAIM IS FOR A DISLOCATION ALLOWANCE INCIDENT TO THIS CHANGE OF STATION. 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 THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE FOR MORE THAN ONE PERMANENT CHANGE OF STATION DURING ANY FISCAL YEAR.

B-130043, JAN. 11, 1957

TO M. A. SIMMS, DISBURSING OFFICER:

YOUR LETTER OF NOVEMBER 25, 1956 (WHICH WAS NOT TRANSMITTED HERE THROUGH APPROPRIATE CHANNELS AS PRESCRIBED BY PARAGRAPH 041322-2A (3), NAVY COMPTROLLER MANUAL) SUBMITTED FOR ADVANCE DECISION THE PROPRIETY OF PAYING THE CLAIM OF WILLIE C. PROVOST, 262 41 96, CSC, USN, FOR A DISLOCATION ALLOWANCE, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED JULY 26, 1955, THE MEMBER WAS TRANSFERRED FROM DUTY AT VIRGINIA BEACH, VIRGINIA, TO ORANGE, TEXAS, TO COMPLETE A NORMAL TOUR OF SHORE DUTY. IT IS SHOWN THAT HE WAS PAID A DISLOCATION ALLOWANCE INCIDENT TO THIS CHANGE OF STATION. BY ORDERS DATED APRIL 3, 1956, HE WAS TRANSFERRED FROM DUTY AT ORANGE, TEXAS, TO DUTY ABOARD THE USS CORRY (DDR 817). HE STATES THAT HIS DEPENDENTS TRAVELED FROM ORANGE, TEXAS, TO BAYSIDE, VIRGINIA, IN MAY 1956. HIS CLAIM IS FOR A DISLOCATION ALLOWANCE INCIDENT TO THIS CHANGE OF STATION.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY SECTION 2 (12) OF THE ACT OF MARCH 11, 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 "THE MEMBER SHALL BE ENTITLED TO THE PAYMENT OF A DISLOCATION ALLOWANCE FOR NOT MORE THAN ONE PERMANENT CHANGE OF STATION DURING ANY FISCAL YEAR, EXCEPT ON THE FINDING OF THE SECRETARY OF THE DEPARTMENT CONCERNED THAT THE EXIGENCIES OF THE SERVICE REQUIRE MORE THAN ONE SUCH CHANGE OF STATION DURING ANY FISCAL YEAR.' PARAGRAPH 9003-7, JOINT TRAVEL REGULATIONS, PROVIDES THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE FOR MORE THAN ONE PERMANENT CHANGE OF STATION DURING ANY FISCAL YEAR, EXCEPT ON THE FINDING OF THE SECRETARY OF THE DEPARTMENT CONCERNED THAT THE EXIGENCIES OF THE SERVICE REQUIRE MORE THAN ONE SUCH CHANGE OF STATION DURING THE CURRENT FISCAL YEAR.

AS THE CITED STATUTE AND REGULATIONS BAR PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER INCIDENT TO MORE THAN ONE PERMANENT CHANGE OF STATION DURING ANY FISCAL YEAR, EXCEPT AS THEREIN SPECIFIED, NO RIGHT TO SUCH ALLOWANCE ACCRUED TO THE MEMBER INCIDENT TO HIS CHANGE OF STATION FROM ORANGE, TEXAS, TO NORFOLK, VIRGINIA, BY ORDERS DATED APRIL 3, 1956, BECAUSE IT APPEARS THAT HE WAS PAID SUCH ALLOWANCE INCIDENT TO THE ORDERS OF JULY 26, 1955.

ACCORDINGLY, ON THE PRESENT RECORD, PAYMENT OF THE CLAIM, WHICH IS RETAINED HERE, IS NOT AUTHORIZED.