B-131237, JUN. 3, 1957

B-131237: Jun 3, 1957

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USMC: REFERENCE IS MADE TO YOUR LETTER OF MARCH 19. SERGEANT GUISE WAS DETACHED FROM PERMANENT STATION AT CHERRY POINT. STATING THAT TEMPORARY DUTY AT GREAT LAKES WAS COMPLETED ON FEBRUARY 1. HOUSEHOLD GOODS SOMEWHAT IN EXCESS OF THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE WITH EXCESS COSTS TO BE PAID BY SERGEANT GUISE WERE SHIPPED FOR HIM TO HIS TEMPORARY DUTY STATION. IN VIEW OF THIS YOU ARE IN DOUBT AS TO HIS ENTITLEMENT TO THE TRAILER ALLOWANCE. SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WHEN A MEMBER IS UNDER ORDERS TO PURSUE A COURSE OF INSTRUCTION OF LESS THAN 20 WEEKS IS LIMITED TO THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE BY PARAGRAPH 8014-9. HE IS ENTITLED UNDER CERTAIN CIRCUMSTANCES TO HAVE HOUSEHOLD GOODS SHIPPED BOTH AS FOR A TEMPORARY AND A PERMANENT CHANGE OF DUTY STATION.

B-131237, JUN. 3, 1957

TO LIEUTENANT COLONEL W. O. ADAMS, USMC:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 1957, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF TECHNICAL SERGEANT RICHARD G. GUISE, COVERING PAYMENT OF A TRAILER ALLOWANCE IN LIEU OF BOTH TRANSPORTATION OF HOUSEHOLD EFFECTS AND DISLOCATION ALLOWANCE INCIDENT TO PERMANENT CHANGE OF STATION ORDERS OF JUNE 25, 1956.

SERGEANT GUISE WAS DETACHED FROM PERMANENT STATION AT CHERRY POINT, NORTH CAROLINA, AS OF AUGUST 20, 1956, AND TRANSFERRED TO THE NAVAL TRAINING CENTER AT GREAT LAKES, ILLINOIS, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF ABOUT 16 WEEKS, WITH FURTHER TRANSFER, UPON COMPLETION, TO MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, FOR DUTY UNDER INSTRUCTION FOR A PERIOD IN EXCESS OF 20 WEEKS. THIRD ENDORSEMENT OF FEBRUARY 4, 1957, STATING THAT TEMPORARY DUTY AT GREAT LAKES WAS COMPLETED ON FEBRUARY 1, 1957, DIRECTED HIM TO PROCEED ON FEBRUARY 6 AND CARRY OUT THE UNEXECUTED PORTION OF HIS BASIC ORDERS, 10 DAYS' TRAVEL AND 30 DAYS' DELAY IN REPORTING AT THE NEW DUTY STATION BEING AUTHORIZED. SERGEANT GUISE, HAVING PURCHASED A HOUSE TRAILER PRIOR TO HIS DETACHMENT FROM THE TEMPORARY DUTY STATION, TRANSPORTED IT TO HIS NEW PERMANENT STATION WHERE HE REPORTED IN COMPLIANCE WITH HIS BASIC ORDERS ON MARCH 14, 1957. HOUSEHOLD GOODS SOMEWHAT IN EXCESS OF THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE WITH EXCESS COSTS TO BE PAID BY SERGEANT GUISE WERE SHIPPED FOR HIM TO HIS TEMPORARY DUTY STATION. IN VIEW OF THIS YOU ARE IN DOUBT AS TO HIS ENTITLEMENT TO THE TRAILER ALLOWANCE, SINCE PARAGRAPH 10002; JOINT TRAVEL REGULATIONS, REQUIRES THE MEMBER TO MAKE AN IRREVOCABLE ELECTION TO RECEIVE THE TRAILER ALLOWANCE IN LIEU OF THE DISLOCATION ALLOWANCE AND SHIPMENT OF BAGGAGE AND HOUSEHOLD GOODS.

SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WHEN A MEMBER IS UNDER ORDERS TO PURSUE A COURSE OF INSTRUCTION OF LESS THAN 20 WEEKS IS LIMITED TO THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE BY PARAGRAPH 8014-9, JOINT TRAVEL REGULATIONS. WHEN A MEMBER RECEIVES PERMANENT CHANGE OF STATION ORDERS WITH TEMPORARY DUTY EN ROUTE, HE IS ENTITLED UNDER CERTAIN CIRCUMSTANCES TO HAVE HOUSEHOLD GOODS SHIPPED BOTH AS FOR A TEMPORARY AND A PERMANENT CHANGE OF DUTY STATION. PARAGRAPH 8007-2, JOINT TRAVEL REGULATIONS. HENCE, A MEMBER WHO AVAILS HIMSELF OF A SHIPMENT OF THE TEMPORARY WEIGHT ALLOWANCE TO THE TEMPORARY STATION DESIGNATED IN ORDERS WHICH ALSO INVOLVE A PERMANENT CHANGE OF STATION DOES NOT JEOPARDIZE ANY RIGHT TO HAVE THE BULK OF HIS HOUSEHOLD GOODS MOVED TO THE NEW PERMANENT STATION AT GOVERNMENT EXPENSE.

ONE OF THE CONDITIONS GOVERNING ENTITLEMENT TO TRAILER ALLOWANCE IS THAT IT MUST BE INCIDENT TO AN ORDERED PERMANENT CHANGE OF STATION. PARAGRAPH 10002-1, JOINT TRAVEL REGULATIONS. SINCE A CHANGE OF DUTY UNDER TEMPORARY DUTY ORDERS, EXCEPT FOR INDETERMINATE TEMPORARY DUTY DEFINED IN PARAGRAPH 10009, DOES NOT ENTITLE A MEMBER TO A TRAILER ALLOWANCE, PARAGRAPH 1003, REQUIRES SUCH A MEMBER TO ELECT BETWEEN RECEIVING THE TRAILER ALLOWANCE OR SHIPMENT OF HOUSEHOLD GOODS, AND A DISLOCATION ALLOWANCE, WHICH LIKEWISE IS NOT PAYABLE EXCEPT WHEN INCIDENT TO A PERMANENT CHANGE OF STATION, ONLY WHEN HE IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. HENCE, IT IS CONCLUDED THAT SHIPMENT OF HOUSEHOLD EFFECTS TO A TEMPORARY DUTY STATION ON A TEMPORARY CHANGE OF STATION BASIS MADE UPON DETACHMENT AT THE OLD DUTY STATION UNDER ORDERS INVOLVING BOTH TEMPORARY AND PERMANENT CHANGES OF STATION DOES NOT PRECLUDE AN ELECTION TO RECEIVE THE TRAILER ALLOWANCE IN LIEU OF SHIPMENT OF HOUSEHOLD EFFECTS TO THE PERMANENT STATION AND A DISLOCATION ALLOWANCE.

ACCORDINGLY, THE VOUCHER IS RETURNED AND IF OTHERWISE CORRECT MAY BE PAID.