B-142097, MAR. 22, 1960

B-142097: Mar 22, 1960

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REQUESTING AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SERGEANT FIRST CLASS FRANK TUSSEY. THE ENLISTED MAN WAS RELEASED FROM ASSIGNMENT TO DUTY AT FORT GEORGE G. IT WAS DISCOVERED THAT HE WAS NOT PHYSICALLY QUALIFIED FOR OVERSEAS SHIPMENT. THE ENLISTED MAN WAS RELEASED FROM ASSIGNMENT AT THE REPLACEMENT STATION. WHERE HE WAS TO REPORT NOT LATER THAN SEPTEMBER 28. SUCH ORDERS STATE THAT "THIS IS A CONTINUOUS MOVE AND DOES NOT CONSTITUTE A 2D PCS FOR FY 60.'. HIS CLAIM IS FOR REIMBURSEMENT FOR THAT TRAVEL BY HIS DEPENDENTS. PROVIDES THAT WHEN A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A RESTRICTED AREA.

B-142097, MAR. 22, 1960

TO MAJOR W. S. AHALT, FINANCE AND ACCOUNTING OFFICER:

BY THIRD INDORSEMENT OF JANUARY 4, 1960, THE FIELD DIVISION, OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF OCTOBER 29, 1959, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SERGEANT FIRST CLASS FRANK TUSSEY, JR., RA 35 996 829, COVERING REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS FROM LAUREL, MARYLAND, TO JACKSONVILLE, FLORIDA, AND ALSO A DISLOCATION ALLOWANCE, IN THE CIRCUMSTANCES SHOWN. THE REQUEST FOR DECISION HAS BEEN ASSIGNED PDTATAC CONTROL NO. 60-7.

BY PARAGRAPH 19, SPECIAL ORDERS NO. 156, DATED JULY 14, 1959, THE ENLISTED MAN WAS RELEASED FROM ASSIGNMENT TO DUTY AT FORT GEORGE G. MEADE, MARYLAND, AND ASSIGNED TO THE U.S. ARMY OVERSEAS REPLACEMENT STATION, OAKLAND, CALIFORNIA, AND ASSIGNED TO DUTY AT FORT GEORGE SUCH ORDERS DIRECTED HIM TO PROCEED ON OR ABOUT AUGUST 12, 1959, AND REPORT TO THE NEW STATION NOT LATER THAN SEPTEMBER 22, 1959, WITH 12 DAYS' TRAVEL TIME AND 30 DAYS' LEAVE BEING AUTHORIZED. THE ORDERS FURTHER PROVIDED THAT HIS DEPENDENTS COULD NOT ACCOMPANY OR JOIN HIM AT THE PORT OF EMBARKATION. APPEARS THAT AFTER HIS ARRIVAL AT OAKLAND, CALIFORNIA, AND IN PREPARATION FOR HIS OVERSEAS MOVEMENT, IT WAS DISCOVERED THAT HE WAS NOT PHYSICALLY QUALIFIED FOR OVERSEAS SHIPMENT. BY PARAGRAPH 56, SPECIAL ORDERS NO. 267, DATED SEPTEMBER 24, 1959, THE ENLISTED MAN WAS RELEASED FROM ASSIGNMENT AT THE REPLACEMENT STATION, OAKLAND, CALIFORNIA, AND ASSIGNED TO DUTY AT FORTH GEORGE G. MEADE, MARYLAND, WHERE HE WAS TO REPORT NOT LATER THAN SEPTEMBER 28, 1959. SUCH ORDERS STATE THAT "THIS IS A CONTINUOUS MOVE AND DOES NOT CONSTITUTE A 2D PCS FOR FY 60.' THE ENLISTED MAN CERTIFIED THAT HIS DEPENDENTS (WIFE AND CHILDREN) TRAVELED AT PERSONAL EXPENSE FROM LAUREL, MARYLAND, TO A DESIGNATED PLACE, JACKSONVILLE, FLORIDA, BETWEEN AUGUST 12 AND 15, 1959. HIS CLAIM IS FOR REIMBURSEMENT FOR THAT TRAVEL BY HIS DEPENDENTS, AND ALSO A DISLOCATION ALLOWANCE.

PARAGRAPH 7005-1 AND 2, CHANGE 82, JULY 1, 1959, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A RESTRICTED AREA, HE IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE THE DEPENDENTS ARE LOCATED TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE, NOT TO EXCEED ENTITLEMENT FROM HIS DUTY STATION OR FROM THE LAST PLACE DEPENDENTS WERE TRANSPORTED AT GOVERNMENT EXPENSE TO THE PLACE SO DESIGNATED. IT IS FURTHER PROVIDED (PARAGRAPH 7005-4) THAT WHEN THE RESTRICTION AGAINST THE TRAVEL OF DEPENDENTS OF THE MEMBER'S PERMANENT DUTY STATION IS REMOVED OR THE MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO AN UNRESTRICTED AREA, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE LOCATION TO WHICH DEPENDENTS WERE MOVED IN ACCORDANCE WITH SUBPARAGRAPHS 2 OR 3, OR FROM THE PLACE THE DEPENDENTS ARE THEN LOCATED TO THE MEMBER'S CURRENT DUTY STATION, WHICHEVER IS THE LESSER.

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 9002-2 OF THE SAME REGULATIONS PROVIDES THAT WHEN DEPENDENTS ARE MOVED TO A DESIGNATED PLACE PURSUANT TO THE PROVISIONS OF CHAPTER 7, PARAGRAPH 7005, OF THE REGULATIONS, THE DISLOCATION ALLOWANCE WILL BE PAYABLE UPON COMPLETION OF TRAVEL TO THE DESIGNATED PLACE AND NO FURTHER ENTITLEMENT TO THIS ALLOWANCE WILL ACCRUE FOR THAT PERMANENT CHANGE OF STATION. IT FURTHER PROVIDES THAT IF DEPENDENTS DO NOT MOVE TO THE MEMBER'S DUTY STATION BEFORE THE MEMBER RECEIVES FURTHER PERMANENT CHANGE OF STATION ORDERS TO A NEW DUTY STATION WITHIN OR OUTSIDE THE UNITED STATES AND DEPENDENTS ARE AUTHORIZED TO MOVE AND DO MOVE IN CONNECTION WITH THE LATTER PERMANENT CHANGE OF STATION, THE MEMBER IS ENTITLED TO A DISLOCATION ALLOWANCE. PARAGRAPH 9003-9 OF THE REGULATIONS PROVIDES THAT THE DISLOCATION ALLOWANCE WILL NOT BE PAYABLE FOR 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 THE CURRENT FISCAL YEAR.

IN THE PRESENT CASE, IT APPEARS THAT THE ENLISTED MAN REPORTED AT OAKLAND, CALIFORNIA, FOR FURTHER MOVEMENT OVERSEAS, AS DIRECTED BY THE ORDERS OF JULY 14, 1959. INCIDENT TO SUCH ORDERS, WHICH PROVIDED THAT HIS DEPENDENTS COULD NOT ACCOMPANY OR JOIN HIM AT THE PORT OF EMBARKATION, HIS DEPENDENTS COMPLETED TRAVEL FROM THE VICINITY OF HIS OLD DUTY STATION TO A DESIGNATED PLACE, JACKSONVILLE, FLORIDA. HENCE, UNDER THE PROVISIONS OF PARAGRAPHS 7005 AND 9002 OF THE JOINT TRAVEL REGULATIONS, HE IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS FROM LAUREL, MARYLAND, TO JACKSONVILLE, FLORIDA, AND ALSO A DISLOCATION ALLOWANCE.

INCIDENT TO THE ORDERS OF SEPTEMBER 24, 1959, ASSIGNING THE ENLISTED MAN TO DUTY AT FORT GEORGE G. MEADE, MARYLAND, IT WOULD APPEAR THAT, IF OTHERWISE AUTHORIZED, A RIGHT COULD ACCRUE TO HIM FOR TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE, FOR ANY TRAVEL PERFORMED NOT TO EXCEED ENTITLEMENT FROM THE DESIGNATED PLACE, JACKSONVILLE, FLORIDA, TO HIS NEW DUTY STATION.

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