B-138725, MARCH 19, 1959, 38 COMP. GEN. 620

B-138725: Mar 19, 1959

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WAS INTENDED TO EXCLUDE SCHOOLS DESIGNED PRIMARILY FOR ATTENDANCE BY THE GENERAL PUBLIC. THERE IS NO OBJECTION TO AN AMENDMENT TO PARAGRAPH 9004-3 OF THE JOINT TRAVEL REGULATIONS TO BROADEN THE DEFINITION OF SERVICE SCHOOLS TO INCLUDE COURSES OF INSTRUCTION CONDUCTED OR CONTROLLED AND MANAGED BY ONE OF THE UNIFORMED SERVICES AT CIVILIAN EDUCATIONAL INSTITUTIONS. 1959: REFERENCE IS MADE TO LETTER OF JANUARY 20. IT IS STATED IN THE REQUEST FOR DECISION THAT A QUESTION HAS NOW ARISEN AS TO WHETHER THE CURRENT PROVISION OF PARAGRAPH 9004-3 OF THE JOINT TRAVEL REGULATIONS IS MORE RESTRICTIVE THAN THE APPLICABLE PROVISION OF THE STATUTE UNDER WHICH THE REGULATION WAS ISSUED. IT IS ALSO STATED THAT THE SERVICES ORDER MANY MEMBERS TO COURSES OF INSTRUCTION CONDUCTED AT CIVILIAN EDUCATIONAL INSTITUTIONS AND THAT SOME OF THESE COURSES ARE NORMAL COURSES INVOLVING ATTENDANCE AT CLASSES WITH THE GENERAL PUBLIC WHEREAS OTHERS ARE SPECIALIZED COURSES CONDUCTED BY THE CIVILIAN EDUCATIONAL INSTITUTIONS EXCLUSIVELY FOR THE SERVICES AND CONTRACTED FOR BY THE SERVICES.

B-138725, MARCH 19, 1959, 38 COMP. GEN. 620

MILITARY PERSONNEL - DISLOCATION - ALLOWANCE - SERVICE SCHOOLS THE TERM "SERVICE SCHOOLS" USED IN THE EXCEPTION TO THE LIMITATION ON THE PAYMENT OF MORE THAN ONE DISLOCATION ALLOWANCE IN ANY FISCAL YEAR TO MEMBERS OF THE UNIFORMED SERVICES, 37 U.S.C. 253 (C), WAS INTENDED TO EXCLUDE SCHOOLS DESIGNED PRIMARILY FOR ATTENDANCE BY THE GENERAL PUBLIC, BUT THERE IS NO OBJECTION TO AN AMENDMENT TO PARAGRAPH 9004-3 OF THE JOINT TRAVEL REGULATIONS TO BROADEN THE DEFINITION OF SERVICE SCHOOLS TO INCLUDE COURSES OF INSTRUCTION CONDUCTED OR CONTROLLED AND MANAGED BY ONE OF THE UNIFORMED SERVICES AT CIVILIAN EDUCATIONAL INSTITUTIONS.

TO THE SECRETARY OF THE AIR FORCE, MARCH 19, 1959:

REFERENCE IS MADE TO LETTER OF JANUARY 20, 1959, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, PDTATAC CONTROL NO. 59-4, REQUESTING A DECISION AS TO WHETHER PARAGRAPH 9004-3 OF THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO READ AS FOLLOWS:

3. PERMANENT CHANGES OF STATION TO, FROM, OR BETWEEN COURSES OF INSTRUCTION CONDUCTED AT AN INSTALLATION OF THE UNIFORMED SERVICES OR A CIVILIAN EDUCATIONAL INSTITUTION SHALL BE EXCLUDED FROM COMPUTATION.

IT IS STATED IN THE REQUEST FOR DECISION THAT A QUESTION HAS NOW ARISEN AS TO WHETHER THE CURRENT PROVISION OF PARAGRAPH 9004-3 OF THE JOINT TRAVEL REGULATIONS IS MORE RESTRICTIVE THAN THE APPLICABLE PROVISION OF THE STATUTE UNDER WHICH THE REGULATION WAS ISSUED. IT IS ALSO STATED THAT THE SERVICES ORDER MANY MEMBERS TO COURSES OF INSTRUCTION CONDUCTED AT CIVILIAN EDUCATIONAL INSTITUTIONS AND THAT SOME OF THESE COURSES ARE NORMAL COURSES INVOLVING ATTENDANCE AT CLASSES WITH THE GENERAL PUBLIC WHEREAS OTHERS ARE SPECIALIZED COURSES CONDUCTED BY THE CIVILIAN EDUCATIONAL INSTITUTIONS EXCLUSIVELY FOR THE SERVICES AND CONTRACTED FOR BY THE SERVICES.

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, 37 U.S.C. 253 (C), AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION, BUT PROVIDES FURTHER THAT A MEMBER SHALL BE ENTITLED TO THE PAYMENT OF A DISLOCATION ALLOWANCE FOR NOT MORE THAN ONE PERMANENT CHANGE OF STATION DURING ANY FISCAL YEAR, EXCEPT ON THE FINDING OF THE SECRETARY OF THE DEPARTMENT CONCERNED THAT THE EXIGENCIES OF THE SERVICE REQUIRE MORE THAN ONE SUCH CHANGE OF STATION DURING ANY FISCAL YEAR. IT IS ALSO PROVIDED THAT THIS LIMITATION UPON THE PAYMENT OF A DISLOCATION ALLOWANCE SHALL NOT APPLY TO MEMBERS OF THE UNIFORMED SERVICES ORDERED TO "SERVICE SCHOOLS" AS A PERMANENT CHANGE OF STATION.

PARAGRAPH 9004-3 AS PRESENTLY PUBLISHED IN THE JOINT TRAVEL REGULATIONS, ISSUED UNDER THE ABOVE PROVISIONS OF LAW, IS AS FOLLOWS:

PERMANENT CHANGES OF STATION TO, FROM, OR BETWEEN COURSES OF INSTRUCTION CONDUCTED AT AN INSTALLATION OF THE UNIFORMED SERVICES SHALL BE EXCLUDED FROM COMPUTATION.

THE EFFECT OF THE PROPOSED AMENDMENT TO THIS REGULATION WOULD BE TO ADD THE PHRASE "OR A CIVILIAN EDUCATIONAL INSTITUTION.'

THE HEARINGS BEFORE SUBCOMMITTEE NO. 2 OF THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EIGHTY-FOURTH CONGRESS, FIRST SESSION, ON H.R. 2607, WHICH WAS ENACTED AS THE CAREER INCENTIVE ACT OF 1955, CLEARLY SHOW, AT PAGES 757-758, THAT THE TERM "SERVICE SCHOOLS" APPEARING IN THE STATUTE WAS NOT INTENDED TO INCLUDE ALL SCHOOLS BUT WAS INTENDED TO INCLUDE ONLY SCHOOLS CONDUCTED BY, AND CONTROLLED AND MANAGED BY, ONE OR MORE OF THE UNIFORMED SERVICES. THUS, IT WOULD APPEAR THAT THE RESTRICTIVE TERM "SERVICE SCHOOLS" AS USED IN THE STATUTE WAS INTENDED TO EXCLUDE SCHOOLS DESIGNED PRIMARILY FOR ATTENDANCE BY THE GENERAL PUBLIC.

HENCE, WE WOULD HAVE NO OBJECTION TO A CHANGE IN PARAGRAPH 9004-3 OF THE JOINT TRAVEL REGULATIONS TO READ SUBSTANTIALLY AS FOLLOWS:

PERMANENT CHANGES OF STATION TO, FROM, OR BETWEEN COURSES OF INSTRUCTION CONDUCTED AT AN INSTALLATION OF THE UNIFORMED SERVICES, OR CONDUCTED BY, AND CONTROLLED AND MANAGED BY, ONE OR MORE OF THE UNIFORMED SERVICES AT A CIVILIAN EDUCATIONAL INSTITUTION, OR ELSEWHERE, SHALL BE EXCLUDED FROM COMPUTATION.