B-135368, APR. 17, 1958

B-135368: Apr 17, 1958

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STIRES: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7. YOU WERE ORDERED TO ACTIVE DUTY FROM BLYTHEVILLE. YOU WERE TO REPORT ON DECEMBER 30. YOUR ORDERS STIPULATED THAT TRAVEL OF DEPENDENTS AND MOVEMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED FOR PERSONNEL WHOSE INITIAL ASSIGNMENT WAS TO A STATION FOR "TEMPORARY DUTY PENDING FURTHER ORDERS (TDPFC) UNTIL FURTHER PERMANENT CHANGE OF STATION ORDERS ARE ISSUED.'. YOU WERE RELIEVED FROM THE STUDENT DETACHMENT TEMPORARY DUTY ASSIGNMENT AT FORT SILL AND WERE ASSIGNED TO FORT SILL ON A PERMANENT CHANGE OF STATION. IN REQUESTING REVIEW OF YOUR CLAIM YOU SAY THAT IT IS YOUR UNDERSTANDING A CHANGE IN REGULATIONS WOULD NOT PERMIT PAYMENT OF TRAILER ALLOWANCE TO YOU.

B-135368, APR. 17, 1958

TO MR. BUELL W. STIRES:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 15, 1957, WHICH DISALLOWED YOUR CLAIM FOR TRAILER ALLOWANCE FOR THE DISTANCE FROM BLYTHEVILLE, ARKANSAS, TO FORT SILL, OKLAHOMA, INCIDENT TO YOUR REPORTING FOR ACTIVE DUTY AT FORT SILL ON DECEMBER 30, 1955.

THE RECORD SHOWS THAT BY LETTER ORDERS 5-78, DATED MAY 16, 1955, AND AMENDING ORDERS DATED SEPTEMBER 8, 1955, YOU WERE ORDERED TO ACTIVE DUTY FROM BLYTHEVILLE, ARKANSAS, AS A RESERVE COMMISSIONED OFFICER, EFFECTIVE DECEMBER 28, 1955. YOU WERE TO REPORT ON DECEMBER 30, 1955, TO THE "A AND G N" SCHOOL, FORT SILL, OKLAHOMA, FOR TEMPORARY DUTY PENDING FURTHER ORDERS (TDPFO) FOR THE PURPOSE OF ATTENDING THE FIELD ARTILLERY OFFICERS' BASIC COURSE (COURSE OF INSTRUCTION). YOUR ORDERS STIPULATED THAT TRAVEL OF DEPENDENTS AND MOVEMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED FOR PERSONNEL WHOSE INITIAL ASSIGNMENT WAS TO A STATION FOR "TEMPORARY DUTY PENDING FURTHER ORDERS (TDPFC) UNTIL FURTHER PERMANENT CHANGE OF STATION ORDERS ARE ISSUED.' NOTWITHSTANDING THIS RESTRICTION, HOWEVER, YOU TRANSPORTED YOUR HOUSE TRAILER FROM BLYTHEVILLE, ARKANSAS, TO FORT SILL, OKLAHOMA, BETWEEN DECEMBER 27 AND DECEMBER 29, 1955. SUBSEQUENTLY, BY ORDERS OF MARCH 20, 1956, YOU WERE RELIEVED FROM THE STUDENT DETACHMENT TEMPORARY DUTY ASSIGNMENT AT FORT SILL AND WERE ASSIGNED TO FORT SILL ON A PERMANENT CHANGE OF STATION.

IN REQUESTING REVIEW OF YOUR CLAIM YOU SAY THAT IT IS YOUR UNDERSTANDING A CHANGE IN REGULATIONS WOULD NOT PERMIT PAYMENT OF TRAILER ALLOWANCE TO YOU, INCIDENT TO YOUR REPORTING FOR ACTIVE DUTY TO FORT SILL ON DECEMBER 30, 1955.

PUBLIC LAW 20 (ACT OF MARCH 31, 1955, 69 STAT. 22), AMENDED SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, TO PROVIDE IN PERTINENT PART, THAT---

"* * * IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, A MEMBER OF A UNIFORMED SERVICE WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, UNDER THIS SECTION, SHALL UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED BE ENTITLED TO A REASONABLE ALLOWANCE, NOT TO EXCEED 20 CENTS PER MILE, OR TO THE DISLOCATION ALLOWANCE AUTHORIZED IN THIS SECTION, WHICHEVER HE SHALL ELECT.'

THUS, UNDER THE PLAIN TERMS OF THE LAW ITSELF, THERE IS NO ABSOLUTE RIGHT TO A TRAILER ALLOWANCE, SUCH RIGHT BEING SUBJECT TO REGULATION WITHOUT WHICH THE STATUTE REMAINS INOPERATIVE.

CONTROLLING REGULATIONS, PROMULGATED BY THE SECRETARIES OF THE VARIOUS DEPARTMENTS OF THE UNIFORMED SERVICES, ARE CONTAINED IN CHAPTER 10 OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH 10012 OF THAT CHAPTER, IN EFFECT AT THE TIME YOU TRANSPORTED YOUR HOUSE TRAILER TO FORT SILL--- AND STILL IN EFFECT--- PROVIDES THAT A MEMBER WHO TRANSPORTS HIS TRAILER PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS WILL BE ENTITLED TO THE TRAILER ALLOWANCE ONLY IN THE EVENT THAT ORDERS ARE ULTIMATELY ISSUED AND THE REIMBURSEMENT VOUCHER IS ALSO SUPPORTED BY A CERTIFICATE OF THE ORDER ISSUING AUTHORITY OR HIS DESIGNATED REPRESENTATIVE TO THE EFFECT THAT THE MEMBER WAS ADVISED PRIOR TO THE MOVEMENT OF THE TRAILER THAT SUCH ORDERS WOULD BE ISSUED. SEE IN THIS CONNECTION AR 35-3055-10.

THE UNIFORMED SERVICES HAVE PREPARED THE REGULATIONS ON THE BSIS THAT TRAILER ALLOWANCE WOULD BE PAYABLE PRIMARILY TO MEMBERS UNDER PERMANENT CHANGE OF STATION ORDERS. IN KEEPING WITH THAT CONCEPT OF THE LAW, THE REGULATIONS REQUIRE A CERTIFICATE, DESCRIBED IN PARAGRAPH 10012 OF THE JOINT TRAVEL REGULATIONS, OF THOSE MEMBERS WHO TRANSPORTED THEIR HOUSE TRAILERS PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS, BEFORE PAYMENT OF TRAILER ALLOWANCE IS AUTHORIZED TO SUCH MEMBERS. WE DO NOT DISAGREE WITH THAT INTERPRETATION OF THE LAW AND SINCE YOUR CLAIM IS NOT SUPPORTED BY A CERTIFICATE OF THE TYPE REQUIRED BY THE REGULATIONS, THERE IS NO LEGAL BASIS FOR ITS ALLOWANCE ON THE PRESENT RECORD. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 15, 1957, IS SUSTAINED.