B-132577, AUG. 12, 1957

B-132577: Aug 12, 1957

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- AND HER THREE CHILDREN WERE AUTHORIZED TO TRAVEL ON OR ABOUT JUNE 10. MILITARY SEA TRANSPORTATION SERVICES VESSEL ON A SPACE REQUIRED BASIS FROM THE AREA WHERE THEY WERE THEN LOCATED TO THE NEW YORK PORT OF DEBARKATION OR APPROPRIATE PORT OF AERIAL DEBARKATION. PARAGRAPHS 2 AND 3 OF THE INVOLVED ORDERS ARE AS FOLLOWS: "2. ALL LAND TRANSPORTATION COST TO THE OVERSEAS PORT OF EMBARKATION AND LAND TRANSPORTATION COST FROM THE ZONE OF INTERIOR PORT OF DEBARKATION TO DEPENDENTS DESTINATION WILL BE BORNE BY THE DEPENDENT. "3. FINANCE AND/OR TRANSPORTATION OFFICERS WILL NOT HONOR THIS ORDER FOR REIMBURSEMENT OF CLAIM FOR PER DIEM OR TRANSPORTATION. TRANSPORTATION REQUESTS WILL NOT BE ISSUED AGAINST THIS ORDER.'.

B-132577, AUG. 12, 1957

TO MAJOR R. W. BARNES, USAF, FINANCE OFFICER, UNITED STATES AIR FORCE:

WITH LETTER OF JULY 12, 1957, HEADQUARTERS, UNITED STATES AIR FORCE TRANSMITTED HERE YOUR LETTER OF MARCH 26, 1957, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT OF A DISLOCATION ALLOWANCE IN THE AMOUNT OF $119.70 TO MAJOR THEODORE R. DEVERICK, USAF, THE VOUCHER HAVING BEEN PRESENTED TO YOU FOR PAYMENT.

IT APPEARS THAT BY ORDERS ISSUED MAY 16, 1955, BY HEADQUARTERS, SOUTHERN AIR MATERIEL AREA (EUROPE), MRS. MILDRED M. DEVERICK--- WIFE OF THE CLAIMANT--- AND HER THREE CHILDREN WERE AUTHORIZED TO TRAVEL ON OR ABOUT JUNE 10, 1955, BY U.S. MILITARY AIR TRANSPORTATION SERVICE OR U.S. MILITARY SEA TRANSPORTATION SERVICES VESSEL ON A SPACE REQUIRED BASIS FROM THE AREA WHERE THEY WERE THEN LOCATED TO THE NEW YORK PORT OF DEBARKATION OR APPROPRIATE PORT OF AERIAL DEBARKATION. PARAGRAPHS 2 AND 3 OF THE INVOLVED ORDERS ARE AS FOLLOWS:

"2. ALL LAND TRANSPORTATION COST TO THE OVERSEAS PORT OF EMBARKATION AND LAND TRANSPORTATION COST FROM THE ZONE OF INTERIOR PORT OF DEBARKATION TO DEPENDENTS DESTINATION WILL BE BORNE BY THE DEPENDENT.

"3. FINANCE AND/OR TRANSPORTATION OFFICERS WILL NOT HONOR THIS ORDER FOR REIMBURSEMENT OF CLAIM FOR PER DIEM OR TRANSPORTATION. TRANSPORTATION REQUESTS WILL NOT BE ISSUED AGAINST THIS ORDER.'

BY SPECIAL ORDERS NO. 130, DATED JUNE 8, 1956, MAJOR DEVERICK WAS RELIEVED FROM ASSIGNMENT WITH HEADQUARTERS, SOUTHERN AIR MATERIEL AREA EUROPE, APO 30, NEW YORK, NEW YORK, AND WAS DIRECTED TO REPORT NOT LATER THAN JUNE 21, 1956, TO HEADQUARTERS, MITCHEL AIR FORCE BASE, NEW YORK, FOR DUTY.

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, AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION UNDER REGULATIONS ISSUED BY THE SECRETARY CONCERNED. PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, PROVIDES 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.

A RIGHT TO A DISLOCATION ALLOWANCE CANNOT ARISE UNDER THE STATUTE UNTIL A "PERMANENT CHANGE OF STATION" HAS BEEN ORDERED AND THE MEMBER'S DEPENDENTS ACTUALLY MOVE IN CONNECTION WITH SUCH CHANGE OF STATION. IN THE INSTANT CASE, THE OFFICER'S DEPENDENTS TRAVELED PRIOR TO THE DATE OF THE ORDERS CHANGING HIS PERMANENT DUTY STATION AND UNDER CIRCUMSTANCES WHICH ARE INCONSISTENT WITH A CONCLUSION THAT THEY MOVED IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION.

UNDER THE REPORTED FACTS, PAYMENT ON THE VOUCHER, WHICH IS RETAINED HERE, IS NOT AUTHORIZED.