B-131817, JUN. 12, 1957

B-131817, JUN. 12, 1957

TO CAPTAIN A. C. LOWREY, JR., USAF, FINANCE OFFICER, HEADQUARTERS, UNITED STATES AIR FORCE:

BY LETTER OF MAY 8, 1957, THE CHIEF, TECHNICAL GROUP, DIRECTORATE OF ACCOUNTING AND FINANCE, U.S. AIR FORCE, FORWARDED YOUR LETTER OF MARCH 22, 1957, REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER STATED IN FAVOR OF CAPTAIN JOHN W. MCGHEE, JR., USAFR, FOR DISLOCATION ALLOWANCE AND TRAVEL OF HIS DEPENDENT WIFE FROM OTIS AIR FORCE BASE, MASSACHUSETTS, TO SOUTH HARPSWELL, MAINE, IN AUGUST 1956.

ORDERS OF AUGUST 10, 1956, RELIEVED THE OFFICER FROM ASSIGNMENT WITH THE 33RD OPERATIONS SQUADRON, 33RD FIGHTER GROUP, OTIS AIR FORCE BASE, AND ASSIGNED HIM TO HEADQUARTERS, 33RD FIGHTER GROUP, AT THAT STATION BUT WITH A PERMANENT DUTY STATION AT TEXAS TOWER NO. 3. IT IS STATED THAT SUCH TOWER IS AN OFF-SHORE RADAR STATION LOCATED APPROXIMATELY 40 MILES OFF THE NEW ENGLAND COAST AND THAT THERE ARE NO ACCOMMODATIONS THERE FOR DEPENDENTS. IT IS REPORTED THAT PERSONNEL ASSIGNED TO THE TOWER FOR DUTY ARE DIVIDED INTO TWO COMPLETE CREWS WHICH ARE ROTATED BETWEEN THE PARENT ORGANIZATION AT OTIS AIR FORCE BASE AND THE TOWER ALTERNATELY EVERY 30 DAYS; THAT THE TOWER IS SPECIFICALLY DESIGNATED AS THE PERMANENT DUTY STATION OF EACH CREW MEMBER; THAT PERIODS OF DUTY AT THE SHORE BASE ARE PERFORMED UNDER ORDERS SPECIFYING SUCH AS TEMPORARY DUTY; AND THAT THE TOWER IS CONSIDERED TO BE AN OVERSEAS STATION AND PERSONNEL ASSIGNED THERE FOR DUTY RECEIVE CREDIT FOR AN OVERSEAS TOUR OF DUTY. THE OFFICER STATES THAT SINCE THERE WAS NO BASE HOUSING AT OTIS AIR FORCE BASE, HE HAD RENTED A HOUSE FOR HIMSELF AND FAMILY IN THE FALMOUTH, MASSACHUSETTS, RESORT AREA WHERE MOST OF THE HOMES WERE OCCUPIED ONLY DURING THE SUMMER SEASON; THAT HE OWNED A HOME AT HARPSWELL; AND THAT TO SAVE MONEY AND AVOID LEAVING HIS WIFE "STRANDED ALONE WITH A SMALL CHILD" FOR PERIODS IN EXCESS OF 30 DAYS DURING THE OFF-SEASON MONTHS, HE MOVED THEM TO HARPSWELL.

PARAGRAPH 7008-2, JOINT TRAVEL REGULATIONS, WAS SUGGESTED AS APPLICABLE TO CAPTAIN MCGHEE'S CLAIM. HOWEVER, SINCE THAT PARAGRAPH REFERS TO A SITUATION WHERE DEPENDENTS ARE AUTHORIZED TO GO TO THE MEMBER'S ASSIGNED STATION OUTSIDE THE UNITED STATES, IT WOULD APPEAR INAPPLICABLE TO THE OFFICER'S ASSIGNMENT TO THE RADAR TOWER WHICH IS SHOWN TO BE A RESTRICTED LOCATION. UNDER THE PROVISIONS OF PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, A MEMBER WHO IS ASSIGNED OR TRANSFERRED UNDER PERMANENT CHANGE OF STATION ORDERS TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY HIM "/INCLUDING ASSIGNMENT TO NON-ROTATED VESSELS AND UNITS OVERSEAS FOR CONTEMPLATED PERIODS OF MORE THAN TWELVE MONTHS)," IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO A DESIGNATED PLACE IN THE UNITED STATES. SUCH REGULATIONS DO NOT APPEAR TO CONTEMPLATE THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE WHERE, AS HERE, A MEMBER IS ROTATED AT 30-DAY INTERVALS BETWEEN HIS RESTRICTED STATION AND THE LOCATION OF THE PARENT ORGANIZATION AT OTIS AIR FORCE BASE TO WHICH HIS DEPENDENTS WERE AUTHORIZED TO MOVE UPON HIS ASSIGNMENT TO DUTY AT THAT PLACE.

ACCORDINGLY, SINCE NO TRANSPORTATION FOR CAPTAIN MCGHEE'S DEPENDENTS APPEARS AUTHORIZED INCIDENT TO HIS ASSIGNMENT TO THE RADAR TOWER AND SINCE PAYMENT OF DISLOCATION ALLOWANCE IS AUTHORIZED ONLY WHERE "DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH" A PERMANENT CHANGE OF STATION, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND SUCH VOUCHER ..END :