B-140375, AUG. 31, 1959

B-140375: Aug 31, 1959

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF ACTING STAFF SERGEANT (E-5) WALTER MULLER. THE REQUEST WAS ASSIGNED CONTROL NO. 59-33 BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE. THE MEMBER WAS TRANSFERRED FROM MARINE CORPS RECRUIT DEPOT. HE WAS DETACHED FROM DUTY AT SAN DIEGO ON FEBRUARY 27. HE WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM THE TRAINING AND TEST REGIMENT. HE WAS REIMBURSED FOR THEIR TRAVEL FROM SAN DIEGO TO QUANTICO AND PAID A DISLOCATION ALLOWANCE INCIDENT TO THAT MOVE. SINCE THE MEMBER IS REPORTED TO HAVE BEEN DROPPED FROM THE 24TH OFFICER CANDIDATE COURSE ON MARCH 20. YOUR QUESTION IS WHETHER HE IS ENTITLED TO DEPENDENTS' TRAVEL ALLOWANCE FROM SAN DIEGO TO QUANTICO AND FROM QUANTICO TO CAMP LEJEUNE (INCLUDING TWO DISLOCATION ALLOWANCES.

B-140375, AUG. 31, 1959

TO MAJOR S. F. LEADER, USMC, DISBURSING OFFICER:

BY FIRST ENDORSEMENT DATED JULY 28, 1959, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF JUNE 29, 1959, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF ACTING STAFF SERGEANT (E-5) WALTER MULLER, JR., 1386349, IN THE SUM OF $115.74, REPRESENTING REIMBURSEMENT FOR TRAVEL OF DEPENDENTS FROM QUANTICO, VIRGINIA, TO CAMP LEJEUNE, NORTH CAROLINA, AND A DISLOCATION ALLOWANCE. THE REQUEST WAS ASSIGNED CONTROL NO. 59-33 BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY PERMANENT CHANGE OF STATION ORDERS DATED FEBRUARY 20, 1959, THE MEMBER WAS TRANSFERRED FROM MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, TO MARINE CORPS SCHOOLS, QUANTICO, VIRGINIA, FOR DUTY UNDER INSTRUCTION IN EXCESS OF 20 WEEKS IN THE 24TH OFFICER CANDIDATE COURSE AND THE 2-59 BASIC COURSE. HE WAS DETACHED FROM DUTY AT SAN DIEGO ON FEBRUARY 27, 1959, AND REPORTED TO THE TRAINING AND TEST REGIMENT AT QUANTICO ON MARCH 9, 1959. BY ORDERS DATED APRIL 9, 1959, HE WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM THE TRAINING AND TEST REGIMENT, QUANTICO, VIRGINIA, TO CAMP LEJEUNE, NORTH CAROLINA. ON THE BASIS OF THE FIRST ORDERS HIS DEPENDENTS TRAVELED FROM SAN DIEGO, CALIFORNIA, TO SAPULPA, OKLAHOMA, AND THENCE TO QUANTICO, VIRGINIA, ARRIVING ON APRIL 7, 1959. HE WAS REIMBURSED FOR THEIR TRAVEL FROM SAN DIEGO TO QUANTICO AND PAID A DISLOCATION ALLOWANCE INCIDENT TO THAT MOVE. IT APPEARS THAT THE DEPENDENTS MERELY VISITED AT SAPULPA; THAT THE MEMBER STATES HE EXPECTED TO REMAIN ON DUTY AT QUANTICO; AND THAT HE HAD MADE ARRANGEMENTS TO LEASE A HOUSE FOR HIS DEPENDENTS THERE. SINCE THE MEMBER IS REPORTED TO HAVE BEEN DROPPED FROM THE 24TH OFFICER CANDIDATE COURSE ON MARCH 20, 1959, YOUR QUESTION IS WHETHER HE IS ENTITLED TO DEPENDENTS' TRAVEL ALLOWANCE FROM SAN DIEGO TO QUANTICO AND FROM QUANTICO TO CAMP LEJEUNE (INCLUDING TWO DISLOCATION ALLOWANCES, OR WHETHER THE DEPENDENTS' TRAVEL ALLOWANCE SHOULD BE BASED ON TRAVEL FROM SAN DIEGO TO CAMP LEJEUNE AND INCLUDE BUT ONE DISLOCATION ALLOWANCE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, AUTHORIZES, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICE WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION. IT PROVIDES FURTHER THAT THE 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 ALSO PROVIDES THAT SUCH 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 9002 1, JOINT TRAVEL REGULATIONS (CHANGE 71, AUGUST 1, 1958), ISSUED PURSUANT TO THAT STATUTE, AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH 9003-9 OF THE SAME REGULATIONS, IN SETTING FORTH THE CIRCUMSTANCES IN WHICH THE ALLOWANCE IS NOT PAYABLE, INCLUDING THE RESTRICTION ON PAYMENT TO NOT MORE THAN ONE PERMANENT CHANGE OF STATION DURING ANY FISCAL YEAR, SPECIFICALLY PROVIDES THIS LIMITATION DOES NOT APPLY IN THE CASE OF MEMBERS ORDERED TO, FROM, OR BETWEEN COURSES OF INSTRUCTION CONDUCTED AT MILITARY INSTALLATIONS.

IN THE PRESENT CASE, THE DEPENDENTS TRAVELED FROM SAN DIEGO TO SAPULPA AND THENCE TO QUANTICO INCIDENT TO THE ORDERS OF FEBRUARY 20, 1959, DIRECTING A PERMANENT CHANGE OF STATION TO THE LATTER PLACE FOR THE PURPOSE OF PURSUING A COURSE OF INSTRUCTION IN EXCESS OF 20 WEEKS, AND THEY TRAVELED FROM QUANTICO TO CAMP LEJEUNE INCIDENT TO PERMANENT CHANGE OF STATION ORDERS DATED APRIL 9, 1959. THEREFORE, THE MEMBER WAS ENTITLED TO REIMBURSEMENT FOR THEIR TRAVEL FROM SAN DIEGO TO QUANTICO, AND MAY NOW BE PAID FOR THEIR TRAVEL FROM THE LATTER PLACE TO CAMP LEJEUNE.

WITH RESPECT TO THE DISLOCATION ALLOWANCE, THE REGULATIONS AUTHORIZE PAYMENT OF THE ALLOWANCE MORE THAN ONCE DURING A FISCAL YEAR WHEN THE MEMBER'S HOUSEHOLD IS RELOCATED IN CONNECTION WITH ATTENDING A COURSE OF INSTRUCTION AT A MILITARY INSTALLATION. IN THE PRESENT CASE, SO FAR AS HIS ORDERS ARE CONCERNED, THE MEMBER WAS AT QUANTICO UNDER THE ORDERS OF FEBRUARY 20, 1959, UNTIL HE PROCEEDED TO CAMP LEJEUNE UNDER THE ORDERS OF APRIL 9, 1959. HIS DEPENDENTS TRAVELED FROM SAN DIEGO TO QUANTICO INCIDENT TO THE FIRST ORDERS, NO FURTHER ORDERS HAVING BEEN ISSUED PRIOR TO THEIR ARRIVAL, AND FROM QUANTICO INCIDENT TO THE SECOND. IN THESE CIRCUMSTANCES, THE CONCLUSION APPEARS REQUIRED THAT THE MEMBER WAS ENTITLED TO THE DISLOCATION ALLOWANCE ALREADY PAID, AND THAT HE MAY BE PAID THE SECOND DISLOCATION ALLOWANCE INCIDENT TO THE RELOCATION OF HIS DEPENDENTS AT CAMP LEJEUNE.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED, IF OTHERWISE CORRECT.