B-132635, OCT. 21, 1957

B-132635: Oct 21, 1957

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OF WHICH SERGEANT BROWN WAS A MEMBER. HE WAS PAID A DISLOCATION ALLOWANCE FOR THE MOVEMENT OF HIS DEPENDENTS FROM TRACY. ARE BEING PREVENTED FROM COMPLETION OF THIS MOVEMENT BECAUSE THE MEXICAN GOVERNMENT HAS DENIED PERMISSION FOR SOME OF THE AIRCRAFT INVOLVED IN THIS MOVEMENT TO ENTER MEXICO. RETURN TO SHARPE GENERAL DEPOT WAS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 7051. 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. AUTHORIZED THE PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS HAD COMPLETED TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION IF TRANSPORTATION OF DEPENDENTS WAS AUTHORIZED TO BE FURNISHED OR TRAVEL ALLOWANCES WERE AUTHORIZED TO BE PAID.

B-132635, OCT. 21, 1957

TO CAPTAIN W. W. LAUM, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY NINTH INDORSEMENT OF JULY 18, 1957, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED HERE YOUR SIXTH INDORSEMENT OF MAY 14, 1957, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF PAYING THE CLAIM OF SERGEANT ROY E. BROWN, JR., RA19353891, FOR A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES SHOWN.

MOVEMENT ORDER NO. 8, HEADQUARTERS, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, DATED SEPTEMBER 24, 1956, DIRECTED THE TRANSFER OF SHIPMENT NO. 5196-BZ, OF WHICH SERGEANT BROWN WAS A MEMBER, FROM SHARPE GENERAL DEPOT, LATHROP, CALIFORNIA, TO MONTERREY, MEXICO, EFFECTIVE ABOUT OCTOBER 1, 1956. SERGEANT BROWN SAYS THAT HE LEFT LATHROP, CALIFORNIA, ON OCTOBER 6, 1956; THAT HIS DEPENDENTS TRAVELED FROM TRACY, CALIFORNIA, TO MONTERREY, MEXICO, WHERE THEY ARRIVED ON OCTOBER 16, 1956; THAT UPON HIS ARRIVAL AT FORT SAM HOUSTON, SAN ANTONIO, TEXAS, AN EXTENDED DELAY THERE BECAME APPARENT WHILE AWAITING AUTHORITY TO ENTER MEXICO; THAT HIS DEPENDENTS JOINED HIM AT SAN ANTONIO ABOUT FEBRUARY 1, 1957; AND THAT ABOUT DECEMBER 15, 1956, HE WAS PAID A DISLOCATION ALLOWANCE FOR THE MOVEMENT OF HIS DEPENDENTS FROM TRACY, CALIFORNIA, TO MONTERREY, MEXICO. A CERTIFICATE OF LIEUTENANT COLONEL HERBERT E. RICE, OFFICER IN CHARGE, MEXICO PROJECT, DATED NOVEMBER 16, 1956, STATES THAT CERTAIN PERSONNEL, INCLUDING SERGEANT BROWN, LISTED IN MOVEMENT ORDER NO. 8, DATED SEPTEMBER 24, 1956, ARE BEING PREVENTED FROM COMPLETION OF THIS MOVEMENT BECAUSE THE MEXICAN GOVERNMENT HAS DENIED PERMISSION FOR SOME OF THE AIRCRAFT INVOLVED IN THIS MOVEMENT TO ENTER MEXICO. AMENDMENT NO. 2, DATED FEBRUARY 8, 1957, TO THE BASIC MOVEMENT ORDER, DIRECTED THE RETURN OF THE PERSONNEL INVOLVED FROM FORT SAM HOUSTON, TEXAS, TO SHARPE GENERAL DEPOT, LATHROP, CALIFORNIA, ABOUT FEBRUARY 9, 1957. SUCH AMENDATORY ORDERS PROVIDED THAT TRANSPORTATION AND TRAVEL ALLOWANCES FOR DEPENDENTS FROM SHARPE GENERAL DEPOT, CALIFORNIA, TO FORT SAM HOUSTON, TEXAS, AND RETURN TO SHARPE GENERAL DEPOT WAS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 7051, JOINT TRAVEL REGULATIONS. SERGEANT BROWN SAYS THAT HIS DEPENDENTS TRAVELED FROM SAN ANTONIO, TEXAS, TO MANTECA, CALIFORNIA, ON FEBRUARY 10, 1957. CLAIMS A DISLOCATION ALLOWANCE FOR THIS MOVEMENT OF HIS DEPENDENTS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED BY SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, AUTHORIZES, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, 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. PARAGRAPH 9002-1; CHANGE 43, JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD INVOLVED, AUTHORIZED THE PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS HAD COMPLETED TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION IF TRANSPORTATION OF DEPENDENTS WAS AUTHORIZED TO BE FURNISHED OR TRAVEL ALLOWANCES WERE AUTHORIZED TO BE PAID. UNDER THE LAW AND REGULATIONS, A RIGHT TO A DISLOCATION ALLOWANCE CANNOT ARISE UNTIL A PERMANENT CHANGE OF STATION HAS BEEN ORDERED AND THE DEPENDENTS ACTUALLY MOVE IN CONNECTION WITH SUCH CHANGE OF STATION.

WHILE THE ORDERS OF SEPTEMBER 24, 1956, INITIATED A PERMANENT CHANGE OF STATION FOR THE PERSONNEL CONCERNED FROM SHARPE GENERAL DEPOT, CALIFORNIA, TO MONTERREY, MEXICO, SERGEANT BROWN DID NOT COMPLETE TRAVEL TO AND REPORT AT MONTERREY. AMENDATORY ORDERS DIRECTING HIS RETURN TO HIS OLD DUTY STATION WERE RECEIVED BY HIM WHILE EN ROUTE TO MONTERREY. INCIDENT TO THE BASIC ORDERS, AS AMENDED, TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE WAS AUTHORIZED UNDER PARAGRAPH 7051; JOINT TRAVEL REGULATIONS, FROM SHARPE GENERAL DEPOT TO SAN ANTONIO, TEXAS, AND RETURN. IT APPEARS THAT THE DEPENDENTS COMPLETED TRAVEL TO MONTERREY INCIDENT TO THE ORDERS OF SEPTEMBER 24, 1956, WHILE SUCH ORDERS WERE STILL IN EFFECT. UNDER THE CIRCUMSTANCES HERE INVOLVED, THE DISLOCATION ALLOWANCE PAYMENT MADE TO SERGEANT BROWN WILL NOT BE DISTURBED. THE AMENDATORY ORDERS DIRECTING HIS RETURN TO SHARPE GENERAL DEPOT, HOWEVER, MAY NOT BE CONSIDERED PERMANENT CHANGE OF STATION ORDERS FOR DISLOCATION ALLOWANCE PURPOSES.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, YOU ARE NOT AUTHORIZED TO PAY THE CLAIM OF SERGEANT BROWN FOR A DISLOCATION ALLOWANCE. THE CLAIM AND SUPPORTING PAPERS WILL BE RETAINED HERE.