B-132046, JUL. 11, 1957

B-132046: Jul 11, 1957

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REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT THE ACCOUNT OF LIEUTENANT COMMANDER FLOYD S. STATES THAT AT THE TIME THE OFFICER WAS ADMITTED FOR TREATMENT IT WAS DETERMINED THAT HIS HOSPITALIZATION COULD BE EXPECTED TO BE PROLONGED. A RIGHT TO A DISLOCATION ALLOWANCE CAN ACCRUE TO A MEMBER ONLY WHEN AN OTHERWISE PROPER MOVEMENT OF HIS DEPENDENTS IS MADE IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THE TRANSFER OF A MEMBER FROM A STATION IN THE UNITED STATES TO A HOSPITAL FOR TREATMENT IS NOT REGARDED AS A PERMANENT CHANGE OF STATION. YOU ARE NOT AUTHORIZED TO CREDIT THE ACCOUNT OF THE OFFICER WITH A DISLOCATION ALLOWANCE. THE PAPERS SUBMITTED WITH YOUR LETTER WILL BE RETAINED HERE.

B-132046, JUL. 11, 1957

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

BY LETTER OF MAY 28, 1957, THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY, FORWARDED YOUR LETTER OF APRIL 10, 1957, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT THE ACCOUNT OF LIEUTENANT COMMANDER FLOYD S. KIRK, USNR, WITH A DISLOCATION ALLOWANCE UNDER THE CIRCUMSTANCES DISCUSSED BELOW.

ORDERS OF NOVEMBER 19, 1956, DIRECTED THE OFFICER TO PROCEED TO THE NATIONAL NAVAL MEDICAL CENTER, NAVAL HOSPITAL, BETHESDA, MARYLAND, FOR HOSPITALIZATION. ORDERS OF FEBRUARY 14, 1957, DETACHED HIM FROM DUTY AT THE NAVAL POWDER FACTORY, INDIAN HEAD, MARYLAND, AND DIRECTED CONTINUED TREATMENT AT THE HOSPITAL. A CERTIFICATE ISSUED BY THE COMMANDING OFFICER AT SUCH HOSPITAL, DATED FEBRUARY 11, 1957, STATES THAT AT THE TIME THE OFFICER WAS ADMITTED FOR TREATMENT IT WAS DETERMINED THAT HIS HOSPITALIZATION COULD BE EXPECTED TO BE PROLONGED. IN HIS REQUEST FOR PAYMENT OF THE DISLOCATION ALLOWANCE THE OFFICER STATED THAT HIS DEPENDENTS (WIFE AND TWO MINOR CHILDREN) MOVED FROM INDIAN HEAD TO SILVER SPRING, MARYLAND, ON FEBRUARY 18, 1957, WHERE THEY INTENDED TO ESTABLISH A BONA FIDE RESIDENCE.

UNDER THE PROVISIONS OF PARAGRAPH 9002, JOINT TRAVEL REGULATIONS, A RIGHT TO A DISLOCATION ALLOWANCE CAN ACCRUE TO A MEMBER ONLY WHEN AN OTHERWISE PROPER MOVEMENT OF HIS DEPENDENTS IS MADE IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THE TRANSFER OF A MEMBER FROM A STATION IN THE UNITED STATES TO A HOSPITAL FOR TREATMENT IS NOT REGARDED AS A PERMANENT CHANGE OF STATION. SEE B-130298, APRIL 3, 1957, AND DECISION OF TODAY TO YOU, B- 130953.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO CREDIT THE ACCOUNT OF THE OFFICER WITH A DISLOCATION ALLOWANCE, AND THE PAPERS SUBMITTED WITH YOUR LETTER WILL BE RETAINED HERE.