B-140747, OCT. 21, 1959

B-140747, OCT. 21, 1959

TO LIEUTENANT COLONEL P. M. CALLINAN, FC, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT DATED AUGUST 27, 1959, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF JULY 22, 1959, REQUESTING AN ADVANCE DECISION CONCERNING THE PROPRIETY OF PAYMENT ON A VOUCHER STATED IN FAVOR OF FIRST LIEUTENANT JOHN B. MCANDREW, MC. THIS REQUEST WAS APPROVED FOR SUBMISSION BY THE DEPARTMENT OF DEFENSE, PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND HAS BEEN ASSIGNED PDTATAC CONTROL NO. 59-37. THE VOUCHER CONTEMPLATES THE PAYMENT OF DISLOCATION ALLOWANCE IN THE SUM OF $94.20 INCIDENT TO HIS ASSIGNMENT TO FITZSIMONS ARMY HOSPITAL, DENVER, COLORADO, AS AN INTERN SUBSEQUENT TO HIS GRADUATION FROM THE UNIVERSITY OF NEBRASKA MEDICAL SCHOOL, OMAHA, NEBRASKA,

BY PERMANENT CHANGE OF STATION ORDERS DATED JUNE 25, 1958, LIEUTENANT MCANDREW WAS ORDERED TO EXTENDED ACTIVE DUTY FROM OMAHA, NEBRASKA, ON JULY 1, 1958, AND WAS ASSIGNED TO STUDENT DETACHMENT, HEADQUARTERS, FIFTH UNITED STATES ARMY, WITH STATION AT THE UNIVERSITY OF NEBRASKA COLLEGE OF MEDICINE, OMAHA, NEBRASKA, THE ORDER STATING "ALOC: STU.' UPON COMPLETION OF HIS SENIOR YEAR OF MEDICAL SCHOOL, ORDERS DATED MAY 5, 1959, DETACHED HIM FROM SUCH DUTY UPON COMPLETION OF PRESENT COURSE OF INSTRUCTION AND DIRECTED HIM TO REPORT NOT LATER THAN JUNE 27, 1959, TO THE STUDENT DETACHMENT FITZSIMONS, ARMY HOSPITAL (3412), DENVER, COLORADO, FOR ONE YEAR INTERNSHIP BEGINNING JULY 1, 1959. IT IS INDICATED THAT THE MEMBER'S DEPENDENT TRAVELED FROM OMAHA, NEBRASKA, TO DENVER, COLORADO, INCIDENT TO THIS CHANGE OF ASSIGNMENT.

YOUR QUESTION IS WHETHER LIEUTENANT MCANDREW'S ASSIGNMENT TO THE UNIVERSITY OF NEBRASKA MEDICAL SCHOOL, A CIVILIAN INSTITUTION, MAY BE CONSIDERED AS AN ASSIGNMENT TO A PERMANENT DUTY STATION SO AS TO ENTITLE HIM TO DISLOCATION ALLOWANCE UPON HIS SUBSEQUENT ASSIGNMENT TO FITZSIMONS ARMY HOSPITAL.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 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 IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HOM TO FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME. PARAGRAPH 9003-3, JOINT TRAVEL REGULATIONS, PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED FROM "HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, REENLISTMENT, OR INDUCTION.' PARAGRAPH 1150-10A OF THOSE REGULATIONS DEFINES A MEMBER'S PERMANENT DUTY STATION AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH HE IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. SUBPARAGRAPH 10B PROVIDES THAT WHERE A MEMBER IS ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A SCHOOL AS A STUDENT TO PURSUE A COURSE OF INSTRUCTION THE DURATION OF WHICH IS 20 WEEKS OR MORE, SUCH SCHOOL IS DEFINED TO BE A PERMANENT DUTY STATION.

THE QUESTION OF WHAT CONSTITUTES A MEMBER'S PERMANENT STATION OR DESIGNATED POST OF DUTY IS ONE OF FACT, THE DETERMINATION OF WHICH IS TO BE MADE WITH THE ASSISTANCE OF ANY COMPETENT AVAILABLE EVIDENCE TO ESTABLISH THE PLACE WITHIN WHICH HE MUST PERFORM HIS BASIC DUTY ASSIGNMENT. SINCE THE OFFICER HERE INVOLVED WAS ORDERED TO ACTIVE DUTY AND ASSIGNED TO DUTY AT THE UNIVERSITY OF NEBRASKA COLLEGE OF MEDICINE, OMAHA, NEBRASKA, UNDER PERMANENT CHANGE OF STATION ORDERS INDICATING A STUDENT ALLOCATION, THERE APPEARS TO BE NO BASIS TO QUESTION THAT SUCH COLLEGE WAS THE PLACE AT WHICH HE WAS REQUIRED TO PERFORM HIS BASIC DUTY ASSIGNMENT AND THAT IT WAS HIS PERMANENT DUTY STATION WITHIN THE MEANING OF THE CITED REGULATIONS. HENCE, HIS LATER PERMANENT CHANGE OF STATION TO FITZSIMONS ARMY HOSPITAL, DENVER, COLORADO, DIRECTED IN THE ORDERS OF MAY 5, 1959, IS NOT CONSIDERED AS CONSTITUTING AN ASSIGNMENT TO FIRST DUTY STATION WITHIN THE MEANING OF SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, BARRING PAYMENT OF DISLOCATION ALLOWANCE TO A MEMBER WHEN ORDERED FROM HOME TO FIRST DUTY STATION.

ACCORDINGLY, LIEUTENANT MCANDREW, MAY BE PAID A DISLOCATION ALLOWANCE IN THE PROPER AMOUNT. THE SUBMITTED VOUCHER IS RETURNED AND PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.

WITH RESPECT TO THE ADDITIONAL QUESTIONS MENTIONED IN YOUR LETTER, YOU ARE ADVISED THAT UNDER THE AUTHORITY OF 31 U.S.C. 74, DISBURSING OFFICERS ARE ENTITLED TO DECISIONS ONLY UPON SPECIFIC QUESTIONS INVOLVED IN A VOUCHER WHICH IS PROPERLY BEFORE THEM FOR PAYMENT. 22 COMP. GEN. 588; 38 ID. 5. SINCE YOUR ADDITIONAL QUESTIONS PERTAIN TO MATTERS NOT INVOLVED IN THE VOUCHER WHICH YOU HAVE SUBMITTED ON THE CLAIM OF LIEUTENANT MCANDREW, NO ACTION MAY BE TAKEN BY THIS OFFICE IN CONNECTION THEREWITH.