B-131649, JUNE 19, 1957, 36 COMP. GEN. 824

B-131649: Jun 19, 1957

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1957: REFERENCE IS MADE TO YOUR LETTER OF APRIL 16. THERE IS FOR NOTING THAT WHILE YOUR REQUEST FOR DECISION APPEARS TO BE APPROPRIATELY ADDRESSED IN ACCORDANCE WITH PARAGRAPH 1041322-2A (3). SUCH REQUEST WAS RECEIVED IN OUR OFFICE DIRECT. LIEUTENANT GROVE WAS DETACHED FROM THE U.S. TWEEDY WAS NEWPORT. YOU ALSO SAY THAT INCIDENT TO THIS TRANSFER LIEUTENANT GROVE AND HIS DEPENDENTS WERE REQUIRED TO VACATE THE GOVERNMENT QUARTERS THEY OCCUPIED WHILE HE WAS SERVING AT THE U.S. PROVIDED FOR 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.

B-131649, JUNE 19, 1957, 36 COMP. GEN. 824

MILITARY PERSONNEL - TRANSPORTATION - DEPENDENTS - DISLOCATION ALLOWANCE - TRANSFER FROM ONE INSTALLATION TO ANOTHER IN SAME CITY MILITARY ORDERS WHICH TRANSFER A NAVY OFFICER FROM ONE MILITARY INSTALLATION TO ANOTHER IN THE SAME CITY MAY NOT BE REGARDED AS AUTHORIZING A PERMANENT CHANGE OF STATION FOR ENTITLEMENT TO A DISLOCATION ALLOWANCE FOR RELOCATION OF DEPENDENTS.

TO K. CARLSON, DEPARTMENT OF THE NAVY, JUNE 19, 1957:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 16, 1957, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF CREDITING THE PAY ACCOUNT OF LIEUTENANT GEORGE SARGENT GROVE, 485205, USN, WITH A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES STATED. THERE IS FOR NOTING THAT WHILE YOUR REQUEST FOR DECISION APPEARS TO BE APPROPRIATELY ADDRESSED IN ACCORDANCE WITH PARAGRAPH 1041322-2A (3), NAVY COMPTROLLER MANUAL, SUCH REQUEST WAS RECEIVED IN OUR OFFICE DIRECT.

BY ORDERS DATED NOVEMBER 1, 1955, LIEUTENANT GROVE WAS DETACHED FROM THE U.S. NAVAL SCHOOLS COMMAND, U.S. NAVAL STATION, NEWPORT, RHODE ISLAND, AND ASSIGNED TO THE U.S.S. TWEEDY (DE 532) AT NEWPORT, RHODE ISLAND, FOR DUTY AS AN EXECUTIVE OFFICER. IT APPEARS THAT THE OFFICER REPORTED FOR DUTY ON BOARD THAT VESSEL DECEMBER 17, 1955. YOU SAY THAT THE HOME PORT OF THE U.S.S. TWEEDY WAS NEWPORT, RHODE ISLAND. YOU ALSO SAY THAT INCIDENT TO THIS TRANSFER LIEUTENANT GROVE AND HIS DEPENDENTS WERE REQUIRED TO VACATE THE GOVERNMENT QUARTERS THEY OCCUPIED WHILE HE WAS SERVING AT THE U.S. NAVAL SCHOOLS COMMAND, AND HE RELOCATED THEM IN CIVILIAN HOUSING AT NEWPORT, RHODE ISLAND.

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 MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED. PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDED FOR 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. THAT PARAGRAPH HAS BEEN AMENDED BY CHANGE 55, DATED FEBRUARY 1, 1957, WHICH 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. PARAGRAPH 9003-7 OF THE REGULATIONS BARS PAYMENT OF A DISLOCATION ALLOWANCE FOR ANY PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED WITHIN THE CORPORATE LIMITS OF THE SAME CITY.

IT WAS POINTED OUT IN OUR DECISION OF AUGUST 13, 1956, 36 COMP. GEN. 113, THAT 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. IT 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.

THE ORDERS OF NOVEMBER 1, 1955, TRANSFERRED LIEUTENANT GROVE FROM HIS DUTY ASSIGNMENT ( U.S. NAVAL SCHOOLS COMMAND) AT NEWPORT, RHODE ISLAND, TO A NEW DUTY ASSIGNMENT ABOARD THE U.S.S. TWEEDY WHOSE HOME PORT WAS NEWPORT, RHODE ISLAND. THESE ORDERS, INSOFAR AS DEPENDENTS ARE CONCERNED, SERVED ONLY TO CONTINUE NEWPORT AS LIEUTENANT GROVE'S PERMANENT STATION; THEREFORE, NO RIGHT TO TRANSPORTATION AROSE. HENCE, NO PERMANENT CHANGE OF STATION WAS DIRECTED BY THOSE ORDERS SUCH AS WOULD ENTITLE HIM TO A DISLOCATION ALLOWANCE WITHIN THE MEANING OF THE APPLICABLE STATUTE AND REGULATIONS. COMPARE DECISION OF MARCH 1, 1957, B-130422, TO THE SECRETARY OF THE NAVY. THE PAPERS IN THIS CASE ARE RETAINED HERE.