B-134207, DEC. 6, 1957

B-134207: Dec 6, 1957

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COLONEL AYCOCK WAS ORDERED EVACUATED AS A PATIENT TO THE CONTINENTAL UNITED STATES. CERTIFYING THAT THE PERIOD OF TREATMENT OF COLONEL AYCOCK IS EXPECTED TO BE PROLONGED. ALSO FURNISHED WITH YOUR LETTER WAS A SWORN STATEMENT OF THE OFFICER TO THE EFFECT THAT UPON BEING ORDERED OVERSEAS ON NOVEMBER 25. WHERE THEY RESIDED UNTIL HE WAS RETURNED FROM OVERSEAS. IT IS SHOWN THAT ON AUGUST 8. WHERE THEY ARE PRESENTLY RESIDING. YOU SAY THAT DOUBT EXISTS AS TO WHETHER PAYMENT IS PROPER IN VIEW OF OUR DECISIONS B-130953 AND B-132046. THE OFFICER WAS DETACHED FROM HIS OVERSEAS ASSIGNMENT AND RELEASED FROM TREATMENT AT CLARK AIR FORCE BASE HOSPITAL. WAS ASSIGNED TO THE U.S. THE OFFICER WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES.

B-134207, DEC. 6, 1957

TO LIEUTENANT COLONEL J. B. REGAN, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT OF OCTOBER 23, 1957, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF SEPTEMBER 30, 1957, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF CREDITING THE ACCOUNT OF LIEUTENANT COLONEL BENNETT AYCOCK WITH A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES SHOWN.

BY EVACUATION ORDER NO. 57-92, U.S. ARMY HOSPITAL, FRANKFURT, GERMANY, DATED AUGUST 3, 1957, COLONEL AYCOCK WAS ORDERED EVACUATED AS A PATIENT TO THE CONTINENTAL UNITED STATES. THE ORDERS AUTHORIZED TRANSPORTATION OF DEPENDENTS AND EXPRESSLY PROVIDED "PCS," DENOTING A PERMANENT CHANGE OF STATION. AIR EVACUATION LETTER ORDER NO. 494, MCGUIRE AIR FORCE BASE, TRENTON, NEW JERSEY, DATED AUGUST 7, 1957, RELEASED THE OFFICER FROM THAT INSTALLATION AND ASSIGNED HIM TO WALTER REED ARMY HOSPITAL, WASHINGTON, D.C., FOR OBSERVATION, TREATMENT, AND DISPOSITION. THE RECORDS CONTAIN A CERTIFICATE DATED AUGUST 30, 1957, EXECUTED ON BEHALF OF THE COMMANDING OFFICER OF WALTER REED ARMY MEDICAL CENTER, CERTIFYING THAT THE PERIOD OF TREATMENT OF COLONEL AYCOCK IS EXPECTED TO BE PROLONGED. ALSO FURNISHED WITH YOUR LETTER WAS A SWORN STATEMENT OF THE OFFICER TO THE EFFECT THAT UPON BEING ORDERED OVERSEAS ON NOVEMBER 25, 1956, HIS DEPENDENTS ESTABLISHED THEIR RESIDENCE AT PEMBROKE, GEORGIA, WHERE THEY RESIDED UNTIL HE WAS RETURNED FROM OVERSEAS. IT IS SHOWN THAT ON AUGUST 8, 1957, THE DEPENDENTS TRAVELED FROM PEMBROKE, GEORGIA, TO WASHINGTON, D.C., WHERE THEY ARE PRESENTLY RESIDING.

YOU SAY THAT DOUBT EXISTS AS TO WHETHER PAYMENT IS PROPER IN VIEW OF OUR DECISIONS B-130953 AND B-132046, BOTH DATED JULY 11, 1957, AND THE FACT THAT THE OFFICER'S DEPENDENTS DID NOT MOVE FROM HIS OVERSEAS DUTY STATION BUT FROM A DESIGNATED PLACE IN THE UNITED STATES.

IN THE CASE CONSIDERED IN B-130953, JULY 11, 1957, THE OFFICER WAS DETACHED FROM HIS OVERSEAS ASSIGNMENT AND RELEASED FROM TREATMENT AT CLARK AIR FORCE BASE HOSPITAL, REPUBLIC OF THE PHILIPPINES, AND WAS ASSIGNED TO THE U.S. NAVAL HOSPITAL, BETHESDA, MARYLAND, FOR FURTHER TREATMENT. POINTED OUT THAT A TRANSFER FROM A STATION TO A HOSPITAL WITHIN THE UNITED STATES FOR HOSPITALIZATION AND TREATMENT HAS BEEN VIEWED DIFFERENTLY FROM A TRANSFER FROM A STATION OVERSEAS TO A HOSPITAL IN THE UNITED STATES FOR PURPOSES OF TRANSPORTATION OF DEPENDENTS, THE LATTER HAVING BEEN TREATED AS A PERMANENT CHANGE OF STATION. WE CONCLUDED THAT UNDER THE PROVISIONS OF PARAGRAPHS 7004 AND 9002, JOINT TRAVEL REGULATIONS, THE OFFICER WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES. IN B 132046, JULY 11, 1957, THE OFFICER WAS TRANSFERRED FROM HIS DUTY STATION AT THE NAVAL POWDER FACTORY, INDIAN HEAD, MARYLAND, TO THE U.S. NAVAL HOSPITAL, BETHESDA, MARYLAND. IN THAT CASE, WE HELD THAT 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 SO AS TO AUTHORIZE PAYMENT OF A DISLOCATION ALLOWANCE.

UNDER THE PROVISIONS OF PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, A DISLOCATION ALLOWANCE IS PAYABLE WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. SUBPARAGRAPH 2 OF SUCH REGULATIONS PROVIDES THAT IF DEPENDENTS DO NOT MOVE TO THE MEMBER'S DUTY STATION BEFORE THE MEMBER RECEIVES FURTHER PERMANENT CHANGE OF STATION ORDERS TO A NEW DUTY STATION WITHIN OR OUTSIDE THE UNITED STATES AND DEPENDENTS ARE AUTHORIZED TO MOVE AND DO MOVE IN CONNECTION WITH THE LATTER PERMANENT CHANGE OF STATION, THE MEMBER IS ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE. HENCE, IT IS IMMATERIAL WHETHER THE DEPENDENTS TRAVEL FROM A DESIGNATED PLACE OR FROM HIS OVERSEAS DUTY STATION SO LONG AS A PERMANENT CHANGE OF STATION IS INVOLVED.

SINCE THE OFFICER WAS TRANSFERRED UNDER PERMANENT CHANGE OF STATION ORDERS FROM FRANKFURT, GERMANY, TO WALTER REED ARMY HOSPITAL, WASHINGTON, D.C., FOR FURTHER TREATMENT, AND SINCE HIS DEPENDENTS ACTUALLY PERFORMED TRAVEL TO THE LATTER PLACE UNDER THE CHANGE OF STATION ORDERS, SUCH TRANSFER MAY BE CONSIDERED A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF THE APPLICABLE REGULATIONS AND STATUTE.

ACCORDINGLY, IF SUCH ACTION IS OTHERWISE CORRECT, YOU ARE AUTHORIZED TO CREDIT THE ACCOUNT OF THE OFFICER WITH A DISLOCATION ALLOWANCE. THE MILITARY PAY ORDER AND SUPPORTING PAPERS, SUBMITTED WITH YOUR LETTER, ARE RETURNED HEREWITH.