B-130298, APR. 3, 1957

B-130298, APR. 3, 1957

TO J. P. FOLEY, DISBURSING OFFICER, THROUGH THE JUDGE ADVOCATE GENERAL OF THE NAVY:

BY LETTER DATED JANUARY 4, 1957, THE DEPUTY JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED HERE YOUR LETTER OF NOVEMBER 6, 1956, REQUESTING ADVANCE DECISION AS TO THE LEGALITY OF CREDITING THE PAY ACCOUNT OF JAMES EDGAR WYATT, 372 59 78, RD1, U.S. NAVY, WITH A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES SHOWN.

BY STANDARD TRANSFER ORDER DATED OCTOBER 5, 1956, THE ENLISTED MAN WAS TRANSFERRED FROM THE U.S. NAVAL HOSPITAL, CORONA, CALIFORNIA, TO THE U.S. NAVAL HOSPITAL, CHELSEA, MASSACHUSETTS,"FOR COMPLETION OF TREATMENT.' THE ORDERS EXPRESSLY PROVIDED "PCS.' THE RECORD SHOWS THAT WHILE THE ENLISTED MAN WAS HOSPITALIZED HE REQUESTED THE CHIEF OF NAVAL PERSONNEL BY LETTER DATED AUGUST 31, 1956, THAT HE BE TRANSFERRED AT GOVERNMENT EXPENSE FROM THE U.S. NAVAL HOSPITAL, CORONA, CALIFORNIA, TO THE U.S. NAVAL HOSPITAL, CHELSEA, MASSACHUSETTS, AND THAT HIS HOUSEHOLD EFFECTS AND DEPENDENTS BE TRANSFERRED AT GOVERNMENT EXPENSE TO BOSTON, MASSACHUSETTS, FROM LONG BEACH, CALIFORNIA. IN HIS LETTER THE ENLISTED MAN CITES SEVERAL REASONS FOR HIS TRANSFER, PARTICULARLY THE FACT THAT HE WOULD LIKE TO BE TRANSFERRED TO CHELSEA, MASSACHUSETTS, FOR NEEDED SURGERY AND REHABILITATION (WITH THE POSSIBILITY OF BEING RELEASED FROM ACTIVE DUTY BY REASON OF PHYSICAL DISABILITY) SO THAT HE WOULD BE NEAR HIS FAMILY AND HIS WIFE'S FAMILY IN THE EVENT HIS WIFE BECAME HOSPITALIZED DUE TO HER BACK INJURY WHICH WAS THEN BEING TREATED. IN RECOMMENDING APPROVAL OF THE REQUEST FOR TRANSFER, THE COMMANDING OFFICER, U.S. NAVAL HOSPITAL, CORONA, CALIFORNIA, STATED:

"IT IS FELT THAT A COLEOTOMY WILL BE NECESSARY IN THIS CASE AND THAT AT LEAST 6 MORE MONTHS OF HOSPITALIZATION WILL BE REQUIRED. HIS ULTIMATE DISPOSITION WILL DEPEND UPON HIS RESPONSE TO THERAPY FOLLOWING SURGERY. HE MAY BE ABLE TO RETURN TO A DUTY STATUS OR HE MAY REQUIRE AN APPEARANCE BEFORE A MEDICAL BOARD AND A PHYSICAL EVALUATION BOARD.'

YOU ASK WHETHER (1) THE MEMBER'S TRANSFER "ON PERMANENT CHANGE OF STATION ORDERS" TO A HOSPITAL FOR FURTHER TREATMENT RATHER THAN FOR THE PERFORMANCE OF APPROPRIATE DUTY WOULD PRECLUDE HIS RIGHT TO A DISLOCATION ALLOWANCE, AND (2) WHETHER HIS REQUEST FOR INTER-HOSPITAL TRANSFER, WHICH APPARENTLY WAS PREDICATED ON THE ASSUMPTION THAT THE SURGERY AND RECOVERY WOULD RESULT IN HIS EVENTUAL SEPARATION FROM ACTIVE DUTY, THUS ENTITLING HIM TO REIMBURSEMENT FOR DEPENDENT TRAVEL AND SHIPMENT OF HOUSEHOLD EFFECTS FROM PLACE OF SEPARATION IN CALIFORNIA TO HIS HOME OF RECORD IN MASSACHUSETTS, WOULD PRECLUDE PAYMENT OF THE 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. IT WILL BE SEEN THAT, UNDER THE LAW AND THE REGULATIONS, A RIGHT TO DISLOCATION ALLOWANCE ARISES "IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION.' IN THAT CONNECTION, PARAGRAPH 1150-10 OF THE REGULATIONS DEFINES A PERMANENT STATION AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS "ASSIGNED OR ATTACHED FOR DUTY.' ALTHOUGH THE REGULATIONS (PARAGRAPHS 7004-1 AND 7004-4) AUTHORIZE TRANSPORTATION OF DEPENDENTS, IF OTHERWISE ENTITLED, WHEN A MEMBER IS TRANSFERRED FROM ONE HOSPITAL TO ANOTHER HOSPITAL, IT WILL BE NOTED THAT SUCH AUTHORIZATION IS NOT ON THE BASIS THAT AN ACTUAL PERMANENT CHANGE OF STATION IS INVOLVED BUT TRANSPORTATION "AS FOR A PERMANENT CHANGE OF STATION" IS AUTHORIZED. WHILE THE ORDERS OF OCTOBER 5, 1956, DIRECTED A PERMANENT CHANGE OF STATION FROM THE U.S. NAVAL HOSPITAL, CORONA, CALIFORNIA, TO THE U.S. NAVAL HOSPITAL, CHELSEA, MASSACHUSETTS, THE ENLISTED MAN WAS NOT ASSIGNED OR ATTACHED TO THE LATTER HOSPITAL FOR DUTY. IT IS CLEAR THAT HE WAS TRANSFERRED TO THAT HOSPITAL AT HIS OWN REQUEST AND "FOR COMPLETION OF TREATMENT.' HENCE, UNDER THE LAW AND THE REGULATIONS, THE ORDERS OF OCTOBER 5, 1956, EVEN IF THEY WERE OTHERWISE FREE FROM DOUBT AND WERE NOT ISSUED FOR THE CONVENIENCE OF THE MEMBER, MAY NOT BE ACCEPTED AS CONSTITUTING A PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, YOU ARE NOT AUTHORIZED TO CREDIT THE PAY ACCOUNT OF JAMES EDGAR WYATT, RD1, WITH A DISLOCATION ALLOWANCE PURSUANT TO THE ORDERS OF OCTOBER 5, 1956, AND THE PAPERS SUBMITTED WITH YOUR REQUEST WILL BE RETAINED HERE.