B-130476, FEB. 14, 1957

B-130476: Feb 14, 1957

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REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT A DISLOCATION ALLOWANCE TO THE ACCOUNT OF CEZAR (N) CALMA. THE ENLISTED MAN WAS TRANSFERRED FROM THE U.S.S. WHILE IT IS INDICATED THAT HIS DEPENDENT WIFE DID NOT MOVE FROM NEW YORK INCIDENT TO THIS CHANGE OF STATION. SHE JOINED HIM AT NORFOLK IN JULY 1956 AFTER HE WAS TRANSFERRED FROM THE U.S.S. RETAINED HIS DEPENDENTS AT THE PLACE THEY WERE LOCATED WHEN SUCH ORDERS WERE RECEIVED. WHICHEVER IS THE GREATER. THAT RIGHT WAS NOT EXERCISED. TRANSFERRED HIM TO SHORE DUTY AT THE HOME YARD OF THE VESSEL FROM WHICH HE WAS TRANSFERRED MAY NOT BE CONSIDERED AS DEFEATING HIS RIGHT UNDER THESE LATER ORDERS TO TRANSPORTATION OF DEPENDENTS SAVED TO HIM BY PARAGRAPH 7055.

B-130476, FEB. 14, 1957

TO E. M. MORRIS, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY LETTER OF JANUARY 24, 1957, THE ACTING JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF DECEMBER 14, 1956, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT A

DISLOCATION ALLOWANCE TO THE ACCOUNT OF CEZAR (N) CALMA, SD3, USN, IN THE CIRCUMSTANCES DISCUSSED BELOW.

BY STANDARD TRANSFER ORDERS DATED JUNE 28, 1954, AND JULY 20, 1954, THE ENLISTED MAN WAS TRANSFERRED FROM THE U.S.S. PC-1182, HOME YARD NEW YORK, NEW YORK, TO THE U.S.S. DUXBURY BAY (AVP 830), HOME YARD NORFOLK, VIRGINIA. WHILE IT IS INDICATED THAT HIS DEPENDENT WIFE DID NOT MOVE FROM NEW YORK INCIDENT TO THIS CHANGE OF STATION, SHE JOINED HIM AT NORFOLK IN JULY 1956 AFTER HE WAS TRANSFERRED FROM THE U.S.S. DUXBURY BAY TO THE NAVAL AIR STATION AT NORFOLK FOR A NORMAL TOUR OF SHORE DUTY BY STANDARD TRANSFER ORDER PREPARED JULY 2, 1956. REIMBURSEMENT FOR HER TRAVEL FROM NEW YORK TO NORFOLK HAS BEEN MADE ON TRAVEL BUREAU VOUCHER NO. 3089 OF YOUR SEPTEMBER 1956 ACCOUNTS.

IN CASES WHERE A MEMBER, UPON RECEIPT OF PERMANENT CHANGE OF STATION ORDERS, RETAINED HIS DEPENDENTS AT THE PLACE THEY WERE LOCATED WHEN SUCH ORDERS WERE RECEIVED, PARAGRAPH 7055, JOINT TRAVEL REGULATIONS, AUTHORIZES TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON SOME SUBSEQUENT PERMANENT CHANGE OF STATION, NOT IN EXCESS OF THE DISTANCE FROM THE FIRST STATION TO SUCH SUBSEQUENT STATION, OR FROM HIS LAST PERMANENT STATION TO HIS NEW PERMANENT STATION, WHICHEVER IS THE GREATER, WITHOUT REGARD TO ANY INTERIM PERMANENT CHANGES OF STATION UPON WHICH HE DID NOT EXERCISE HIS RIGHTS TO DEPENDENTS' TRANSPORTATION.

WHILE A RIGHT TO TRANSPORTATION OF HIS DEPENDENT FROM NEW YORK TO NORFOLK ACCRUED TO MR. CALMA UNDER THE ORDERS OF JUNE 28 AND JULY 20, 1954, THAT RIGHT WAS NOT EXERCISED. THE FACT THAT THE PERMANENT CHANGE OF STATION ORDERS OF JULY 2, 1956, TRANSFERRED HIM TO SHORE DUTY AT THE HOME YARD OF THE VESSEL FROM WHICH HE WAS TRANSFERRED MAY NOT BE CONSIDERED AS DEFEATING HIS RIGHT UNDER THESE LATER ORDERS TO TRANSPORTATION OF DEPENDENTS SAVED TO HIM BY PARAGRAPH 7055, JOINT TRAVEL REGULATIONS, SINCE IT SEEMS CLEAR THAT THE PURPOSE OF THIS REGULATION IS TO AFFORD A MEMBER AN OPPORTUNITY TO ACCRUE A RIGHT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO A CURRENT PERMANENT STATION AT ANY TIME. SINCE THE ORDERS ASSIGNING HIM TO SHORE DUTY WERE ISSUED AND THE TRAVEL PERFORMED AFTER APRIL 1, 1955 (PARAGRAPH 9006, JOINT TRAVEL REGULATIONS), A RIGHT TO A DISLOCATION ALLOWANCE ACCRUED TO HIM UNDER THE ACT OF MARCH 31, 1955, 69 STAT. 21, WHICH AUTHORIZED PAYMENT OF SUCH ALLOWANCE. COMPARE B-126509, APRIL 4, 1956.

ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE AND THE PAPERS FORWARDED WITH YOUR LETTER ARE RETURNED HEREWITH.