B-131676, JUN. 12, 1957

B-131676: Jun 12, 1957

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TO THE SECRETARY OF THE ARMY: FURTHER REFERENCE IS MADE TO LETTER OF APRIL 24. REQUESTING A DECISION AS TO WHETHER THE SECRETARIES CONCERNED HAVE THE AUTHORITY TO AMEND THE JOINT TRAVEL REGULATIONS TO AUTHORIZE SHIPMENT OF THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF BAGGAGE AND HOUSEHOLD EFFECTS FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION BY WAY OF A TEMPORARY DUTY STATION IN CASES WHERE THE MEMBER IS REQUIRED TO PERFORM TEMPORARY DUTY EN ROUTE UNDER PERMANENT CHANGE OF STATION ORDERS. AUTHORITY FOR PAYMENT OF A TRAILER ALLOWANCE TO MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. HE IS ENTITLED UNDER CERTAIN CIRCUMSTANCES TO HAVE HIS HOUSEHOLD GOODS SHIPPED BOTH AS FOR A TEMPORARY AND A PERMANENT CHANGE OF DUTY STATION.

B-131676, JUN. 12, 1957

TO THE SECRETARY OF THE ARMY:

FURTHER REFERENCE IS MADE TO LETTER OF APRIL 24, 1957, FROM THE ASSISTANT SECRETARY OF THE ARMY, REQUESTING A DECISION AS TO WHETHER THE SECRETARIES CONCERNED HAVE THE AUTHORITY TO AMEND THE JOINT TRAVEL REGULATIONS TO AUTHORIZE SHIPMENT OF THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF BAGGAGE AND HOUSEHOLD EFFECTS FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION BY WAY OF A TEMPORARY DUTY STATION IN CASES WHERE THE MEMBER IS REQUIRED TO PERFORM TEMPORARY DUTY EN ROUTE UNDER PERMANENT CHANGE OF STATION ORDERS, NOTWITHSTANDING HIS ELECTION TO RECEIVE A TRAILER ALLOWANCE IN LIEU OF SHIPMENT OF BAGGAGE AND HOUSEHOLD EFFECTS AND A DISLOCATION ALLOWANCE INCIDENT TO HIS PERMANENT CHANGE OF STATION ORDERS.

AUTHORITY FOR PAYMENT OF A TRAILER ALLOWANCE TO MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED BY 69 STAT. 22, WHICH PROVIDES THAT:

"* * * IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS,A MEMBER OF A UNIFORMED SERVICE WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, UNDER THIS SECTION, SHALL UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED BE ENTITLED TO A REASONABLE ALLOWANCE, NOT TO EXCEED 20 CENTS PER MILE, OR TO THE DISLOCATION ALLOWANCE AUTHORIZED IN THIS SECTION, WHICHEVER HE SHALL ELECT. * * *"

WHEN A MEMBER RECEIVES PERMANENT CHANGE OF STATION ORDERS WITH TEMPORARY DUTY EN ROUTE, HE IS ENTITLED UNDER CERTAIN CIRCUMSTANCES TO HAVE HIS 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 CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS TO THE TEMPORARY STATION DESIGNATED IN THE ORDERS WHICH ALSO INVOLVE A PERMANENT CHANGE OF STATION DOES NOT JEOPARDIZE HIS RIGHT TO HAVE THE BULK OF HIS HOUSEHOLD EFFECTS MOVED TO THE NEW PERMANENT STATION AT GOVERNMENT EXPENSE.

ONE OF THE CONDITIONS GOVERNING ENTITLEMENT TO A 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 OF THE REGULATIONS, DOES NOT ENTITLE A MEMBER TO A TRAILER ALLOWANCE, PARAGRAPH 10003 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 APPEARS THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE TO A TEMPORARY DUTY STATION ON A TEMPORARY CHANGE OF STATION BASIS MADE UPON DETACHMENT AT THE OLD STATION UNDER ORDERS INVOLVING BOTH TEMPORARY AND PERMANENT CHANGES OF STATION SHOULD NOT PRECLUDE AN ELECTION TO RECEIVE THE TRAILER ALLOWANCE IN LIEU OF SHIPMENT OF HOUSEHOLD EFFECTS TO THE PERMANENT STATION AND A DISLOCATION ALLOWANCE. SEE OUR DECISION OF JUNE 3, 1957, B-131237, TO LIEUTENANT COLONEL W. O. ADAMS, USMC, DISBURSING OFFICER.