B-130953, JUL. 11, 1957

B-130953: Jul 11, 1957

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REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT THE ACCOUNT OF COMMANDER VICTOR L. THE OFFICER WAS DETACHED FROM HIS OVERSEAS ASSIGNMENT AT THE U.S. WAS DIRECTED TO PROCEED TO THE UNITED STATES AND REPORT TO SUCH ARMED FORCES HOSPITAL OR MEDICAL FACILITY AS MIGHT BE DESIGNATED. IS SHOWN THAT HE REPORTED AT THE U.S. IF TRANSPORTATION AT GOVERNMENT EXPENSE WAS AUTHORIZED. A DISLOCATION ALLOWANCE IS PAYABLE TO THE OFFICER IF HIS TRANSFER FROM HIS OVERSEAS STATION CONSTITUTED A PERMANENT CHANGE OF STATION. A TRANSFER OF THIS TYPE WAS REGARDED AS CONSTITUTING A PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES. IN WHICH IT WAS HELD THAT A TRANSFER FROM ONE HOSPITAL TO ANOTHER IN THE UNITED STATES DOES NOT CONSTITUTE A PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES.

B-130953, JUL. 11, 1957

TO J. NEGLIA, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

UNDER DATE OF MAY 28, 1957, THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY, FORWARDED YOUR LETTER OF MARCH 1, 1957, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT THE ACCOUNT OF COMMANDER VICTOR L. TUCKER, USNR, WITH A DISLOCATION ALLOWANCE UNDER THE CIRCUMSTANCES SHOWN BELOW.

BY ORDERS OF JANUARY 23, 1957, THE OFFICER WAS DETACHED FROM HIS OVERSEAS ASSIGNMENT AT THE U.S. NAVAL STATION, SANGLEY POINT, REPUBLIC OF THE PHILIPPINES, AND UPON BEING DISCHARGED FROM TREATMENT AT CLARK AIR FORCE BASE HOSPITAL, WAS DIRECTED TO PROCEED TO THE UNITED STATES AND REPORT TO SUCH ARMED FORCES HOSPITAL OR MEDICAL FACILITY AS MIGHT BE DESIGNATED. IS SHOWN THAT HE REPORTED AT THE U.S. NAVAL HOSPITAL, BETHESDA, MARYLAND, ON FEBRUARY 2, 1957, FOR TREATMENT, THAT BEING THE HOSPITAL DESIGNATED IN THE ORDERS OF JANUARY 30, 1957, ISSUED AFTER HIS ARRIVAL IN THE UNITED STATES. IT APPEARS THAT HIS DEPENDENTS (WIFE AND THREE MINOR CHILDREN) TRAVELED FROM HIS OVERSEAS STATION TO LYNCHBURG, VIRGINIA, IN FEBRUARY 1957, WHERE, THE OFFICER CERTIFIES, THEY INTENDED TO ESTABLISH A BONA FIDE RESIDENCE.

PARAGRAPH 9002, CHANGE 43, JOINT TRAVEL REGULATIONS, IN EFFECT AT THAT TIME, AUTHORIZED PAYMENT OF A DISLOCATION ALLOWANCE UPON COMPLETION OF DEPENDENTS' TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION, IF TRANSPORTATION AT GOVERNMENT EXPENSE WAS AUTHORIZED. SINCE PARAGRAPH 7004 -2 OF SUCH REGULATIONS AUTHORIZED THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IN CONNECTION WITH A MEMBER'S TRANSFER FROM A STATION OUTSIDE THE UNITED STATES TO A HOSPITAL IN THE UNITED STATES FOR FURTHER OBSERVATION AND TREATMENT, A DISLOCATION ALLOWANCE IS PAYABLE TO THE OFFICER IF HIS TRANSFER FROM HIS OVERSEAS STATION CONSTITUTED A PERMANENT CHANGE OF STATION. IN DECISION OF MARCH 29, 1956, B-127198, A TRANSFER OF THIS TYPE WAS REGARDED AS CONSTITUTING A PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES.

YOUR PRESENT DOUBT APPEARS TO STEM FROM OUR DECISION OF APRIL 3, 1957, B- 130298, IN WHICH IT WAS HELD THAT A TRANSFER FROM ONE HOSPITAL TO ANOTHER IN THE UNITED STATES DOES NOT CONSTITUTE A PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES. SUCH CONCLUSION WAS BASED ON THE DEFINITION OF A PERMANENT STATION IN PARAGRAPH 1150-10, JOINT TRAVEL REGULATIONS, AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER "IS ASSIGNED OR ATTACHED FOR DUTY," AND THE FACT THAT A PATIENT IS NOT ASSIGNED TO A HOSPITAL FOR DUTY.

HISTORICALLY, A TRANSFER FROM A STATION TO A HOSPITAL WITHIN THE UNITED STATES FOR HOSPITALIZATION AND TREATMENT HAS BEEN VIEWED DIFFERENTLY FROM A TRANSFER FROM A STATION OVERSEAS TO A HOSPITAL IN THE UNITED STATES FOR PURPOSES OF TRANSPORTATION OF DEPENDENTS, THE LATTER HAVING BEEN TREATED AS A PERMANENT CHANGE OF STATION. SEE 4 COMP. GEN. 653. PARAGRAPH 7004-1 OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES TRANSPORTATION OF DEPENDENTS ONLY TO THE CITY OR TOWN WHERE THE HOSPITAL IS LOCATED WHEN A MEMBER IS TRANSFERRED TO SUCH HOSPITAL FOR TREATMENT FROM A STATION WITHIN THE UNITED STATES, AND THEN ONLY UPON THE ISSUANCE OF A CERTIFICATE STATING A FINDING THAT THE PERIOD OF TREATMENT IS EXPECTED TO BE PROLONGED. NO SUCH CERTIFICATE IS REQUIRED IN THE CASE OF A TRANSFER FROM A STATION OVERSEAS AND TRANSPORTATION MAY BE FURNISHED NOT ALONE TO THE CITY IN WHICH THE HOSPITAL IS LOCATED BUT, AT THE OPTION OF THE MEMBER CONCERNED, TO ANY POINT IN THE UNITED STATES, LIMITED TO THE COST OF TRANSPORTATION FROM THE PORT OF ENTRY TO THE CITY OR TOWN WHERE THE HOSPITAL IS LOCATED, WHICH PARTAKES MORE OF THE NATURE OF TRANSPORTATION FURNISHED IN CONNECTION WITH A PERMANENT CHANGE OF STATION THAN DOES TRANSPORTATION FURNISHED IN THE RESTRICTED CIRCUMSTANCES RELATING TO A TRANSFER TO A HOSPITAL FROM A STATION IN THE UNITED STATES. SUBPARAGRAPH 1 AND 2 OF PARAGRAPH 7004, JOINT TRAVEL REGULATIONS, DRAW A CLEAR LINE OF DEMARCATION BETWEEN THE ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS WHICH ACCRUES TO A MEMBER UPON TRANSFER TO A HOSPITAL FROM A STATION IN THE UNITED STATES AND THAT WHICH ACCRUES TO A MEMBER WITH DEPENDENTS AT AN OVERSEAS STATION WHO IS TRANSFERRED FROM OVERSEAS TO A HOSPITAL IN THE UNITED STATES. PROVISIONS TO LIKE EFFECT WITH RESPECT TO SHIPMENT OF HOUSEHOLD EFFECTS ON A MEMBER'S TRANSFER TO A HOSPITAL AS A PATIENT ARE SET OUT IN SUBPARAGRAPHS 2 AND 3 OF PARAGRAPH 8009-4F OF THE JOINT TRAVEL REGULATIONS. THESE PROVISIONS OF THE REGULATIONS, WHICH APPEAR TO BE IN CONFORMITY WITH THE LONG ESTABLISHED PRACTICE OF EXEMPTING TRANSFERS FROM OVERSEAS STATIONS TO HOSPITALS IN THE UNITED STATES FROM THE GENERAL RULE THAT A TRANSFER TO A HOSPITAL AS A PATIENT IS NOT A PERMANENT CHANGE OF STATION, WERE FOLLOWED IN OUR DECISIONS OF MARCH 29, 1956, B-127198, AND APRIL 3, 1957, B-130298.

ACCORDINGLY, THE SUBMITTED QUESTION AS TO COMMANDER TUCKER'S ENTITLEMENT TO A DISLOCATION ALLOWANCE INCIDENT TO HIS TRANSFER FROM DUTY IN THE REPUBLIC OF THE PHILIPPINES TO THE NAVAL HOSPITAL, BETHESDA, MARYLAND, FOR TREATMENT IS ANSWERED IN THE AFFIRMATIVE. THE OFFICER'S ..END :