B-140148, AUG. 19, 1959

B-140148: Aug 19, 1959

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BRAMBLE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 23. YOU WERE DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 25. FOR TEMPORARY DUTY OF APPROXIMATELY 183 DAYS FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION IN THE GERMAN LANGUAGE UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR STATION IN BERLIN. THE ORDERS STATED THAT A PER DIEM ALLOWANCE WAS AUTHORIZED UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS. IN WHICH IT WAS STATED THAT THE COURSE OF INSTRUCTION WAS IN EXCESS OF 20 WEEKS AND THAT A PERMANENT CHANGE OF STATION WAS INVOLVED. WERE REVOKED. YOUR OVERSEAS COMMAND APPROVED YOUR REQUEST THAT YOU BE PERMITTED TO RETAIN THE QUARTERS IN BERLIN WHERE YOUR DEPENDENTS WERE RESIDING.

B-140148, AUG. 19, 1959

TO CAPTAIN EDWARD W. BRAMBLE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 23, 1959, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 18, 1959, WHICH DISALLOWED YOUR CLAIM FOR TEMPORARY DUTY ALLOWANCE FOR THE PERIOD SEPTEMBER 26, 1955, TO APRIL 10, 1956, WHILE ATTENDING AN ARMY SCHOOL AT OBERAMMERGAU, GERMANY.

BY LETTER ORDER 1679-55, DATED SEPTEMBER 15, 1955, YOU WERE DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 25, 1955, FROM BERLIN TO OBERAMMERGAU, GERMANY, FOR TEMPORARY DUTY OF APPROXIMATELY 183 DAYS FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION IN THE GERMAN LANGUAGE UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR STATION IN BERLIN. THE ORDERS STATED THAT A PER DIEM ALLOWANCE WAS AUTHORIZED UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH 21, SPECIAL ORDERS NO. 252, DATED DECEMBER 19, 1955, CONFIRMED VERBAL ORDERS ISSUED BY THE COMMANDING OFFICER, EFFECTIVE SEPTEMBER 25, 1955, IN WHICH IT WAS STATED THAT THE COURSE OF INSTRUCTION WAS IN EXCESS OF 20 WEEKS AND THAT A PERMANENT CHANGE OF STATION WAS INVOLVED. BY LETTER ORDER 2334-55, DATED DECEMBER 23, 1955, THE ORDERS OF SEPTEMBER 15, 1955, WERE REVOKED. ON DECEMBER 29, 1955, YOUR OVERSEAS COMMAND APPROVED YOUR REQUEST THAT YOU BE PERMITTED TO RETAIN THE QUARTERS IN BERLIN WHERE YOUR DEPENDENTS WERE RESIDING. PARAGRAPH 1, SPECIAL ORDERS NO. 73, DATED JUNE 2, 1956, CONFIRMED VERBAL ORDERS OF MARCH 30, 1956, UNDER WHICH YOU WERE RELIEVED FROM ASSIGNMENT AT THE SCHOOL, AND ASSIGNED ON A PERMANENT CHANGE OF STATION TO A UNIT IN FRANKFURT, GERMANY, WITH DUTY STATION IN BERLIN. YOUR CLAIM, TRANSMITTED TO THIS OFFICE ON MAY 22, 1959, FOR SETTLEMENT AS A CLAIM FOR PER DIEM FOR TEMPORARY DUTY WHILE ATTENDING THE SCHOOL, WAS DISALLOWED BY THE SETTLEMENT OF JUNE 18, 1959, FOR THE REASON THAT THE SCHOOL WAS YOUR PERMANENT STATION. IN YOUR PRESENT LETTER YOU STATE THAT YOUR CLAIM AS ORIGINALLY SUBMITTED WAS NOT FOR THE ENTIRE PER DIEM INDICATED UNDER THE FIRST ORDERS, BUT FOR SOME REIMBURSEMENT "EITHER PARTIAL TDX OF THE DISLOCATION ALLOWANCE AUTHORIZED UNDER PCS ORDERS.'

THE TRAVEL AND TRANSPORTATION ALLOWANCES WHICH MAY BE PAID MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. THOSE REGULATIONS AUTHORIZE PAYMENT OF PER DIEM FOR TEMPORARY DUTY. HOWEVER, PARAGRAPH 1150-10B OF THE REGULATIONS PROVIDES THAT WHERE A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A SCHOOL OR INSTALLATION AS A STUDENT 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 DUTY STATION. PARAGRAPH 3002-2 PROVIDES THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING DATE OF VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS. PARAGRAPH 9002-1 OF THE SAME 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.

IN THE PRESENT CASE, WHILE THE ORDERS OF SEPTEMBER 15, 1955, INDICATED YOUR ASSIGNMENT WAS TEMPORARY, THEY SPECIFICALLY STATED THAT THE COURSE OF INSTRUCTION WAS FOR APPROXIMATELY 183 DAYS, OR CLEARLY IN EXCESS OF 20 WEEKS. FURTHER, IT APPEARS FROM SUBSEQUENT CONFIRMATORY ORDERS THAT BEFORE THE DUTY COMMENCED AND IN CONFORMITY WITH PARAGRAPH 1150-10B, OF THE CITED REGULATIONS, YOUR COMMANDING OFFICER ISSUED A VERBAL ORDERS STATING THAT YOUR ASSIGNMENT TO THE SCHOOL TO PURSUE A COURSE OF INSTRUCTION EXCEEDED 20 WEEKS IN DURATION AND THAT IT WAS A PERMANENT CHANGE OF STATION. WHILE THE CONFIRMATORY ORDERS WERE NOT ISSUED UNTIL YOU HAD BEEN AT THE SCHOOL FOR THREE MONTHS, IT SEEMS CLEAR THAT THE ASSIGNMENT, BY ITS DURATION AND NATURE, WAS PERMANENT FROM ITS INCEPTION. THEREFORE, THERE IS NO BASIS, UNDER THE LAW OR REGULATIONS, ON WHICH YOU MAY BE PAID PER DIEM FOR TEMPORARY DUTY FOR ANY PART OF THE TIME YOU WERE ATTENDING THE SCHOOL.

WITH RESPECT TO A DISLOCATION ALLOWANCE, SINCE YOUR DEPENDENTS DID NOT MOVE TO OBERAMMERGAU BUT CONTINUED TO RESIDE IN BERLIN, YOUR HOUSEHOLD WAS NOT RELOCATED INCIDENT TO THE PERMANENT CHANGE OF STATION. IN SUCH CIRCUMSTANCES, THERE IS NO LEGAL BASIS FOR PAYMENT TO YOU OF A DISLOCATION ALLOWANCE.

IT IS SHOWN THAT YOU WERE IN A TRAVEL STATUS WHILE TRAVELING TO AND FROM OBERAMMERGAU AND YOU ARE ENTITLED TO PER DIEM FOR SUCH TRAVEL. SETTLEMENT ALLOWING THE PROPER AMOUNT FOUND DUE WILL ISSUE IN DUE COURSE.