B-130422, MAR 1, 1957

B-130422, MAR 1, 1957

PRECIS-UNAVAILABLE

SECRETARY OF THE NAVY:

FURTHER REFERENCE IS MADE TO LETTER OF JANUARY 16, 1957, FROM THE ASSISTANT SECRETARY OF THE NAVY (FINANCIAL MANAGEMENT), REQUESTING A DECISION AS TO THE LEGALITY OF PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO THE FIVE TRAVEL SITUATIONS DESCRIBED IN THE LETTER AS FOLLOWS:

"CASE ONE: AN OFFICER ON PERMANENT DUTY AT THE NAVAL GUN FACTORY, WASHINGTON, D. C. IS DETACHED AND ORDERED TO REPORT TO THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, WASHINGTON, D. C. FOR DUTY. UPON REPORTING AS DIRECTED, HE IS ASSIGNED TO DUTY IN THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY ANNEX, ARLINGTON, VIRGINIA. BECAUSE OF THE TRANSFER, IT IS NECESSARY THAT HIS FAMILY VACATE GOVERNMENT QUARTERS AT THE NAVAL GUN FACTORY. HIS FAMILY MOVES TO A PRIVATE DWELLING IN THE VICINITY BUT OUTSIDE THE LIMITS OF THE DISTRICT OF COLUMBIA.

"CASE TWO: AN OFFICER ON PERMANENT DUTY AT THE NAVAL AIR STATION, ANACOSTIA, WASHINGTON, D. C. IS DETACHED AND TRANSFERRED TO PERMANENT DUTY AT THE NAVAL MEDICAL CENTER, BETHESDA, MARYLAND. HIS FAMILY MOVES FROM RESIDENCE IN WASHINGTON, D. C. TO BETHESDA, MARYLAND.

"CASE THREE: SAME AS CASE ONE BUT FAMILY MOVES FROM GOVERNMENT QUARTERS AT THE NAVAL GUN FACTORY TO A RESIDENCE IN WASHINGTON, D. C.

"CASE FOUR: SAME AS CASE TWO BUT FAMILY CHANGES RESIDENCE FROM SOUTH EAST TO NORTH WEST, WASHINGTON, D. C.

"CASE FIVE: AN OFFICER ON PERMANENT DUTY AT MAIN NAVY BUILDING, WASHINGTON, D. C. IS DETACHED AND ORDERED TO SEA DUTY ABOARD A SHIP WHOSE HOME PORT IS SAN DIEGO, CALIFORNIA. HIS FAMILY RESIDES IN NORTH WEST, WASHINGTON, D. C., AND REMAINS AT THE SAME RESIDENCE DURING THE TOUR OF SEA DUTY. SUBSEQUENTLY, THE OFFICER IS TRANSFERRED FROM SEA DUTY TO PERMANENT DUTY AT THE NAVAL GUN FACTORY, WASHINGTON, D. C. INCIDENT TO THIS TRANSFER, HIS FAMILY CHANGES RESIDENCE FROM NORTH WEST TO NORTH EAST, WASHINGTON, D. C.

"IN ALL CASES, THE CERTIFICATION PRESCRIBED IN JOINT TRAVEL REGULATIONS, PARAGRAPH 9003.6 IS FURNISHED."

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY SECTION 2(12) OF THE ACT OF MARCH 31, 1955, 69 STAT. 18, 21, 37 U.S.C. SUPP. III, 253, 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.

PARAGRAPH 9002-1, CHANGE 55, DATED FEBRUARY 1, 1957, JOINT TRAVEL REGULATIONS, PROVIDES THAT THE DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER HIS DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND THAT ACTUAL TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT A PREREQUISITE TO ENTITLEMENT TO THE DISLOCATION ALLOWANCE. 36 COMP. GEN. 113. PARAGRAPH 9003-8, CHANGE 55, OF SUCH REGULATIONS, AUTHORIZES PAYMENT OF THE ALLOWANCE FOR A PERMANENT CHANGE OF STATION FROM ONE STATION TO ANOTHER LOCATED IN CLOSE PROXIMITY THERETO, OTHER THAN WITHIN THE CORPORATE LIMITS OF THE SAME CITY, IF SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER OF THE NEW PERMANENT STATION THAT THE RELOCATION OF THE HOUSEHOLD WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION.

AS POINTED OUT IN OUR DECISION OF AUGUST 13, 1956, 36 COMP. GEN. 113, A RIGHT TO A DISLOCATION ALLOWANCE CANNOT ARISE UNDER THE STATUTE UNTIL A "PERMANENT CHANGE OF STATION" HAS BEEN ORDERED AND THE DEPENDENTS MOVE IN CONNECTION WITH SUCH CHANGE OF STATION. A PERMANENT STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE JOINT TRAVEL REGULATIONS AS THE POST OF DUTY (INCLUDING THE HOME YARD OR HOME PORT OF A VESSEL) TO WHICH A MEMBER IS ASSIGNED FOR DUTY OTHER THAN TEMPORARY DUTY, THE LIMITS OF WHICH, IF IN A CITY OR TOWN, WILL BE THE CORPORATE LIMITS OF SUCH CITY OR TOWN. FOLLOWS THAT NO PERMANENT CHANGE OF STATION IS INVOLVED WHEN A MEMBER IS TRANSFERRED FROM ONE MILITARY INSTALLATION TO ANOTHER WITHIN THE SAME CITY AND NO RIGHT TO A DISLOCATION ALLOWANCE WOULD ACCRUE IN ANY EVENT TO A MEMBER IN CONNECTION WITH SUCH TRANSFER. SEE PARAGRAPH 9003-7, JOINT TRAVEL REGULATIONS. A PERMANENT CHANGE OF STATION IS INVOLVED, HOWEVER, WHEN A MEMBER IS TRANSFERRED FROM ONE STATION WITHIN THE CORPORATE LIMITS OF A CITY OR TOWN TO ANOTHER STATION OUTSIDE THE CORPORATE LIMITS OF SUCH CITY OR TOWN, EVEN THOUGH BOTH STATIONS ARE WITHIN THE SAME METROPOLITAN AREA. ON THIS BASIS WE HELD THAT IF THE DEPENDENTS OF A MEMBER ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE LOCALLY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, A DISLOCATION ALLOWANCE IS PAYABLE IF THE NECESSITY FOR RELOCATING HIS HOULSEHOLD IS CERTIFIED AS REQUIRED BY PARAGRAPH 9003-6, JOINT TRAVEL REGULATIONS.

HENCE, ASSUMING THAT NAVY ANNEX, ARLINGTON, VIRGINIA, PROPERLY MAY BE REGARDED AS THE NEW PERMANENT STATION OF THE MEMBER IN CASE ONE, A DISLOCATION ALLOWANCE WOULD BE PAYABLE IN EACH OF THE FIRST FOUR CASES ABOVE DESCRIBED PROVIDED AN APPROPRIATE CERTIFICATE IS FURNISHED AS REQUIRED BY PARAGRAPH 9003-8, JOINT TRAVEL REGULATIONS.

CASE FIVE INVOLVES AN ASSIGNMENT ON PERMANENT CHANGE OF STATION TO A FORMER STATION FROM WHICH THE MEMBER'S DEPENDENT HAD NOT MOVED INCIDENT TO THE INTERVENING PERMANENT CHANGE OF STATION. A DISLOCATION ALLOWANCE WOULD BE PAYABLE IN THIS CASE INCIDENT TO THE CURRENT PERMANENT CHANGE OF STATION ORDERS PROVIDED AN APPROPRIATE CERTIFICATE IS FURNISHED AS REQUIRED BY PARAGRAPH 9003-8, JOINT TRAVEL REGULATIONS, OR SATISFACTORY EVIDENCE IS OTHERWISE FURNISHED WHICH ESTABLISHES THAT THE CHANGE OF RESIDENCE IS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION. COMPARE OUR DECISION OF FEBRUARY 12, 1957, B-130231. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.