B-139514, JUL. 29, 1959

B-139514: Jul 29, 1959

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TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO LETTER OF APRIL 22. REQUESTING A DECISION AS TO WHETHER THE SECRETARIES CONCERNED HAVE AUTHORITY TO AMEND CHAPTER 10 OF THE JOINT TRAVEL REGULATIONS TO AUTHORIZE PAYMENT OF A TRAILER ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES INCIDENT TO HIS TRANSFER FROM A STATION IN THE UNITED STATES TO A HOSPITAL FOR TREATMENT WHEN IT IS APPROPRIATELY CERTIFIED THAT THE PERIOD OF HOSPITALIZATION IS EXPECTED TO BE PROLONGED. THE LETTER OF THE ASSISTANT SECRETARY IS. AS FOLLOWS: "THE TRANSFER OF A MEMBER FROM OVERSEAS TO A HOSPITAL IN THE UNITED STATES FOR TREATMENT IS REGARDED AS A PERMANENT CHANGE OF STATION AND INCIDENT THERETO TRANSPORTATION OF DEPENDENTS.

B-139514, JUL. 29, 1959

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER OF APRIL 22, 1959, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, PDTATAC CONTROL NO. 59-11, REQUESTING A DECISION AS TO WHETHER THE SECRETARIES CONCERNED HAVE AUTHORITY TO AMEND CHAPTER 10 OF THE JOINT TRAVEL REGULATIONS TO AUTHORIZE PAYMENT OF A TRAILER ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES INCIDENT TO HIS TRANSFER FROM A STATION IN THE UNITED STATES TO A HOSPITAL FOR TREATMENT WHEN IT IS APPROPRIATELY CERTIFIED THAT THE PERIOD OF HOSPITALIZATION IS EXPECTED TO BE PROLONGED.

THE LETTER OF THE ASSISTANT SECRETARY IS, IN PART, AS FOLLOWS:

"THE TRANSFER OF A MEMBER FROM OVERSEAS TO A HOSPITAL IN THE UNITED STATES FOR TREATMENT IS REGARDED AS A PERMANENT CHANGE OF STATION AND INCIDENT THERETO TRANSPORTATION OF DEPENDENTS, HOUSEHOLD GOODS, AND PAYMENT OF A DISLOCATION ALLOWANCE, OR PAYMENT OF A TRAILER ALLOWANCE IN LIEU OF THE LATTER TWO ENTITLEMENTS IS AUTHORIZED. THE TRANSFER FROM A STATION IN THE UNITED STATES TO A HOSPITAL FOR TREATMENT IS NOT REGARDED AS A PERMANENT CHANGE OF STATION. HOWEVER, CONTINGENT UPON THE ISSUANCE OF A CERTIFICATE THAT THE PERIOD OF HOSPITALIZATION IS EXPECTED TO BE PROLONGED, TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS AUTHORIZED "AS FOR A PERMANENT CHANGE OF STATION" IN ACCORDANCE WITH PARAGRAPHS 7004- 1 AND 80094F (2), JOINT TRAVEL REGULATIONS. THERE IS NO SIMILAR PROVISION IN THE REGULATIONS FOR THE PAYMENT OF A TRAILER ALLOWANCE "AS FOR A PERMANENT CHANGE OF STATION.'

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO CERTAIN ALLOWANCES IN ADDITION TO THEIR OWN TRAVEL ALLOWANCES. THE ADDITIONAL ALLOWANCES, SUBJECT TO REGULATION BY THE SECRETARIES, INCLUDE TRANSPORTATION OF DEPENDENTS, TRANSPORTATION, INCLUDING PACKING AND CRATING, OF BAGGAGE AND HOUSEHOLD EFFECTS, AND A DISLOCATION ALLOWANCE. IT FURTHER PROVIDES THAT IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, A MEMBER 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 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, WHICHEVER HE ELECTS. THE LEGISLATIVE HISTORY OF THE LATTER PROVISION SHOWS THAT IT WAS INTENDED TO MAKE IT POSSIBLE FOR A MEMBER WHO HAS ALL HIS FURNITURE IN A TRAILER TO RECEIVE COMPENSATION FOR MOVING HIS FURNITURE IN THE TRAILER INSTEAD OF MOVING IT IN A SEPARATE VAN. SEE 101 CONGRESSIONAL RECORD 3430, (MARCH 30, 1955).

PARAGRAPH 8254-2, CHANGE 82, DATED JULY 1, 1959 (FORMERLY PARAGRAPH 8009- 4F (2) (, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, PROVIDES AS FOLLOWS:

"TO HOSPITALS FROM PLACES WITHIN THE UNITED STATES. FOR MEMBERS ON ACTIVE DUTY WHO ARE TRANSFERRED FROM EITHER A PERMANENT OR TEMPORARY DUTY STATION, OR FROM A HOSPITAL WHERE THEY ARE LISTED AS PATIENTS, TO A HOSPITAL FOR FURTHER OBSERVATION AND TREATMENT, SHIPMENT OF HOUSEHOLD GOODS FROM THE LAST OR ANY PREVIOUS PERMANENT DUTY STATION AND/OR POINTS OF STORAGE TO THE CITY OR TOWN IN WHICH SUCH HOSPITAL IS LOCATED, BUT NOT TO THE HOSPITAL ITSELF, IS AUTHORIZED AS FOR A PERMANENT CHANGE OF STATION, PROVIDED THAT THE COMMANDING OFFICER OF THE HOSPITAL, AFTER AN EVALUATION OF THE CASE, CERTIFIES THAT THE PERIOD OF TREATMENT IN THAT HOSPITAL CAN BE EXPECTED TO BE PROLONGED. THIS CERTIFICATE WILL BE FURNISHED IN ADDITION TO OTHER SUPPORTING PAPERS REQUIRED WITH THE APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS (STANDARD FORM 116).'

SINCE THE ABOVE-QUOTED REGULATIONS, ISSUED IN ACCORDANCE WITH THE STATUTE, AUTHORIZE THE SHIPMENT OF HOUSEHOLD EFFECTS IN THE CIRCUMSTANCES THERE STATED AS FOR A PERMANENT CHANGE OF STATION, AND SINCE THE STATUTE AUTHORIZES THE PAYMENT OF A TRAILER ALLOWANCE TO A MEMBER WHO WOULD OTHERWISE BE ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS, IF HE ELECTS TO RECEIVE THE TRAILER ALLOWANCE IN LIEU OF SUCH SHIPMENT, IT IS CONCLUDED THAT THE PROPOSED AMENDMENT TO CHAPTER 10 OF THE JOINT TRAVEL REGULATIONS WOULD COME WITHIN THE SCOPE OF THE APPLICABLE STATUTE. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE.