B-140094, AUG. 26, 1959

B-140094: Aug 26, 1959

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER OF JUNE 11. IN SOME INSTANCES THE ORDERS ARE ADDRESSED TO THE MEMBER AT THE ACADEMY AND IN OTHERS TO THE MEMBER AT HIS HOME. IN EITHER CASE THE ORDERS SPECIFICALLY PROVIDE THAT THE MEMBER IS ENTITLED TO REIMBURSEMENT FOR HIS OWN TRAVEL FOR THE DISTANCE ACTUALLY TRAVELED UNDER THE ORDERS. IT IS POINTED OUT. THAT PARAGRAPH 1150-10B OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A SCHOOL OR INSTALLATION TO PURSUE A COURSE OF INSTRUCTION THE DURATION OF WHICH IS 20 WEEKS OR MORE. SUCH SCHOOL OR INSTALLATION IS DEFINED TO BE A PERMANENT STATION. IT IS SUGGESTED THAT SINCE THE ACADEMY IS A RECOGNIZED MILITARY BASE AT WHICH A COURSE OF INSTRUCTION IN EXCESS OF 20 WEEKS IS PURSUED.

B-140094, AUG. 26, 1959

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF JUNE 11, 1959, FROM THE ASSISTANT SECRETARY OF THE NAVY REQUESTING DECISION CONCERNING ENTITLEMENT TO DISLOCATION ALLOWANCE FOR MEMBERS COMMISSIONED UPON GRADUATION FROM THE NAVAL ACADEMY AND ORDERED TO PERMANENT DUTY STATIONS. THE REQUEST HAS BEEN ASSIGNED CONTROL NO. 59-18 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

AS SHOWN BY THE SAMPLE ORDERS SUBMITTED WITH THE LETTER, IN SOME INSTANCES THE ORDERS ARE ADDRESSED TO THE MEMBER AT THE ACADEMY AND IN OTHERS TO THE MEMBER AT HIS HOME. IN EITHER CASE THE ORDERS SPECIFICALLY PROVIDE THAT THE MEMBER IS ENTITLED TO REIMBURSEMENT FOR HIS OWN TRAVEL FOR THE DISTANCE ACTUALLY TRAVELED UNDER THE ORDERS, NOT TO EXCEED THE DISTANCE FROM HIS HOME OR FROM THE U.S. NAVAL ACADEMY TO HIS "FIRST DUTY STATION," UNDER THE PROVISIONS OF PARAGRAPH 5000-2 OF THE JOINT TRAVEL REGULATIONS. IT IS POINTED OUT, HOWEVER, IN THE ASSISTANT SECRETARY'S LETTER, THAT PARAGRAPH 1150-10B OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A SCHOOL OR INSTALLATION TO PURSUE A COURSE OF INSTRUCTION THE DURATION OF WHICH IS 20 WEEKS OR MORE, SUCH SCHOOL OR INSTALLATION IS DEFINED TO BE A PERMANENT STATION. IT IS SUGGESTED THAT SINCE THE ACADEMY IS A RECOGNIZED MILITARY BASE AT WHICH A COURSE OF INSTRUCTION IN EXCESS OF 20 WEEKS IS PURSUED, IT MEETS THE DEFINITION OF A PERMANENT STATION AND, HENCE, IS IN FACT THE FIRST PERMANENT STATION TO WHICH THE MEMBER IS ORDERED FROM HOME. ON THIS BASIS, IT IS URGED THAT IT WOULD APPEAR REASONABLE TO CONCLUDE THAT UPON GRADUATION THE MEMBER'S ORDERS CONSTITUTE A PERMANENT CHANGE OF STATION FROM AN OLD PERMANENT STATION TO A NEW PERMANENT STATION RATHER THAN A CHANGE FROM HOME TO FIRST PERMANENT STATION. SOME SUPPORT FOR THAT VIEW IS SAID TO BE FOUND IN OUR DECISION OF JUNE 2, 1958, B-135428, IN WHICH IT WAS HELD THAT A MEMBER ENROLLED AS A CADET AT THE UNITED STATES AIR FORCE ACADEMY IS NOT ENTITLED TO PER DIEM FOR TEMPORARY DUTY AT THAT ACADEMY "WHICH MUST BE CONSIDERED AS HIS DESIGNATED POST OF DUTY OR PERMANENT DUTY STATION.'

SPECIFICALLY, QUESTION IS RAISED (1) AS TO WHETHER ORDERS ADDRESSED TO THE MEMBER'S HOME ARE TO BE CONSIDERED AS DIRECTING A PERMANENT CHANGE OF STATION FROM HOME TO FIRST PERMANENT DUTY TATION; (2) WHETHER ORDERS ADDRESSED TO THE MEMBER AT THE ACADEMY ARE TO BE CONSIDERED AS DIRECTING A PERMANENT CHANGE OF STATION FROM OLD TO NEW PERMANENT STATION, OR (3) WHETHER BOTH TYPES OF ORDERS SHOULD BE CONSIDERED EITHER AS A CHANGE FROM AN OLD TO A NEW DUTY STATION OR FROM HOME TO FIRST DUTY STATION.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, SPECIFICALLY PROVIDES THAT A MEMBER IS NOT ENTITLED TO THE DISLOCATION ALLOWANCE WHEN ORDERED FROM HOME TO FIRST DUTY STATION. PARAGRAPH 9002-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER HIS DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH 9003 OF THE REGULATIONS PROVIDES THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE IN CONNECTION WITH THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION. PARAGRAPH 7000-2 OF THOSE REGULATIONS SPECIFICALLY EXCLUDES "CADETS AND MIDSHIPMEN" FROM THE MEMBERS ENTITLED TO TRANSPORTATION OF DEPENDENT. THUS, NO ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS ACCRUES TO MEMBERS ORDERED FROM HOME TO THE NAVAL ACADEMY. THE ENTITLEMENT COMMENCES UPON GRADUATION, COMMISSIONING, AND ORDERS TO A PERMANENT STATION. THIS IS IN CONFORMITY WITH PARAGRAPH 5000-2 OF THE SAME REGULATIONS WHICH PROVIDES THAT AN OFFICER GRADUATED FROM ANY OF THE SERVICE ACADEMIES IS ENTITLED, IN CONNECTION WITH HIS INITIAL ASSIGNMENT, TO REIMBURSEMENT FOR TRAVEL PERFORMED NOT TO EXCEED THE OFFICIAL DISTANCE FROM HIS HOME OR FROM THE SERVICE ACADEMY, AS MAY BE DESIGNATED IN HIS ORDERS, TO THE FIRST DUTY STATION VIA ANY TEMPORARY DUTY STATION DIRECTED EN ROUTE. THUS, THE REGULATIONS MAKE IT CLEAR THAT MEMBERS ATTENDING SERVICE ACADEMIES ARE NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS TO THE ACADEMY, AND THAT UPON GRADUATION, COMMISSIONING AND BEING ORDERED TO A PERMANENT DUTY STATION, TRAVEL ALLOWANCES ARE NOT LIMITED TO THE DISTANCE FROM THE ACADEMY TO FIRST DUTY STATION AS AN OFFICER BUT MAY BE COMPUTED ON THE DISTANCE FROM THE MEMBER'S HOME TO SUCH DUTY STATION. SEE B-136681 OF MAY 27, 1959. SINCE THE ONLY DESIGNATED DUTY STATION OF A CADET AT A SERVICE ACADEMY IS THE ACADEMY ITSELF, THE REGULATIONS (PARAGRAPH 5001-2, JOINT TRAVEL REGULATIONS) DO NOT PERMIT PER DIEM TO BE PAID TO HIM FOR TEMPORARY DUTY AT THE SAME PLACE, AND IT WAS SO HELD IN THE DECISION OF JUNE 2, 1958. THAT DECISION, HOWEVER, DID NOT IN ANY MANNER ABROGATE THE PROVISIONS OF PARAGRAPHS 5000-2 AND 7000-2 OF THE CONTROLLING REGULATIONS.

ACCORDINGLY, THE ORDERS TO THE INITIAL PERMANENT DUTY STATION UPON COMMISSIONING AND GRADUATION FROM THE NAVAL ACADEMY MUST BE REGARDED AS DIRECTING A CHANGE OF STATION EITHER FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, TO FIRST PERMANENT DUTY STATION WITHIN THE MEANING OF PARAGRAPH 9003 OF THE JOINT TRAVEL REGULATIONS, AND, IN EITHER CASE, PAYMENT OF THE DISLOCATION ..END :