B-142505, JUL. 18, 1960

B-142505: Jul 18, 1960

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MARRERO: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 18. IT APPEARS THAT YOU WERE ADMITTED AS A PATIENT TO THE VALLEY FORGE ARMY HOSPITAL. YOU WERE RELEASED FROM THE HOSPITAL BY SPECIAL ORDERS NO. 97 DATED MAY 18. IT IS INDICATED THAT SUBSEQUENT TO YOUR TRANSFER TO THE VALLEY FORGE ARMY HOSPITAL. THAT THE DISLOCATION ALLOWANCE WAS NOT PAID BY REASON OF PARAGRAPH 9003-11. WHICH PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED FROM A DUTY STATION WITHIN THE UNITED STATES TO A HOSPITAL FOR OBSERVATION AND TREATMENT. YOU NOW HAVE FURNISHED A COPY OF HOSPITAL TRANSFER ORDERS NO. 81. UNDER THE ORDERS OF JUNE 19 WAS NO LONGER AUTHORIZED.

B-142505, JUL. 18, 1960

TO SERGEANT FIRST CLASS CARLOS M. MARRERO:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 18, 1960, REQUESTING REVIEW OF SETTLEMENT DATED MARCH 11, 1960, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO YOUR DEPENDENTS' MOVE FROM PHOENIXVILLE, PENNSYLVANIA, TO HAMPTON, VIRGINIA, DURING THE PERIOD MAY 18 TO 26, 1959.

IT APPEARS THAT YOU WERE ADMITTED AS A PATIENT TO THE VALLEY FORGE ARMY HOSPITAL, PHOENIXVILLE, PENNSYLVANIA, UNDER LETTERS ORDERS 136, HEADQUARTERS, FORT MONROE, VIRGINIA, DATED JUNE 19, 1958, WHICH DIRECTED YOU TO PROCEED TO THAT HOSPITAL ON TEMPORARY DUTY FOR FURTHER TREATMENT AND RETURN TO PROPER STATION UPON COMPLETION OF THE TEMPORARY DUTY. MAY 18, 1959, YOU WERE RELEASED FROM THE HOSPITAL BY SPECIAL ORDERS NO. 97 DATED MAY 18, 1959, HEADQUARTERS, VALLEY FORGE ARMY HOSPITAL, AND REASSIGNED TO HEADQUARTERS COMPANY USCONARC (8200) FORT MONROE, VIRGINIA. IT IS INDICATED THAT SUBSEQUENT TO YOUR TRANSFER TO THE VALLEY FORGE ARMY HOSPITAL, YOU RECEIVED PAYMENT OF THE ALLOWANCES PROVIDED IN CONNECTION WITH THE MOVEMENT OF YOUR DEPENDENTS AND HOUSEHOLD GOODS TO THE VICINITY OF PHOENIXVILLE, PENNSYLVANIA, BUT THAT THE DISLOCATION ALLOWANCE WAS NOT PAID BY REASON OF PARAGRAPH 9003-11, CHANGE 66, JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED FROM A DUTY STATION WITHIN THE UNITED STATES TO A HOSPITAL FOR OBSERVATION AND TREATMENT.

YOU NOW HAVE FURNISHED A COPY OF HOSPITAL TRANSFER ORDERS NO. 81, HEADQUARTERS, VALLEY FORGE ARMY HOSPITAL, DATED JULY 21, 1958, WHICH RELEASED YOU FROM ASSIGNMENT TO HEADQUARTERS COMPANY USCONARC, AT FORT MONROE AND REASSIGNED YOU TO THE MEDICAL HOLDING DETACHMENT AT THAT HOSPITAL. YOU STATE THAT THESE ORDERS TERMINATED YOUR TEMPORARY DUTY AT THE HOSPITAL AND, HENCE, THAT YOUR RETURN TO FORT MONROE, UNDER THE ORDERS OF JUNE 19 WAS NO LONGER AUTHORIZED. ADDITIONALLY, YOU CONTEND THAT YOUR CASE MERITS SPECIAL CONSIDERATION FOR THE REASON THAT DURING THE LAST FIVE MONTHS SPENT IN THE HOSPITAL YOU WERE ON A SPECIAL DUTY STATUS, HAVING BEEN ASSIGNED DUTY WITH THE MILITARY PERSONNEL DIVISION OF THE HOSPITAL.

IN A REPORT DATED JUNE 14, 1960, SIGNED BY THE CUSTODIAN OF YOUR HEALTH RECORD AT FORT MONROE, IT IS CERTIFIED THAT ON THE SAME DATE YOU WERE HOSPITALIZED, JUNE 20, 1958, YOU WERE TRANSFERRED TO THE VALLEY FORGE ARMY HOSPITAL BY MATS WHERE YOU WERE ADMITTED ON JUNE 23, 1958, AND THAT YOU WERE DISCHARGED TO DUTY ON MAY 18, 1959.

WHILE HOSPITAL TRANSFER ORDERS NO. 81, ASSIGNING YOU TO THE MEDICAL HOLDING DETACHMENT AT THE HOSPITAL--- AN ASSIGNMENT WHICH IS NORMALLY MADE UNDER APPLICABLE ARMY REGULATIONS WHEN HOSPITALIZATION IS ANTICIPATED TO BE IN EXCESS OF 90 DAYS--- TERMINATED YOUR PERMANENT DUTY ASSIGNMENT AT FORT MONROE, SUCH ORDERS DID NOT EFFECT A PERMANENT CHANGE OF STATION TO THE HOSPITAL. IF, AS STATED, YOU PERFORMED SOME DUTY WITH THE MILITARY PERSONNEL DIVISION OF THE HOSPITAL, THE FACT REMAINS THAT YOU WERE ASSIGNED TO AND REMAINED AT THAT HOSPITAL PRIMARILY FOR MEDICAL TREATMENT AND OBSERVATION AND ANY SPECIAL DUTY PERFORMED BY YOU AT THAT PLACE FOR SHORT PERIODS OF TIME WAS MERELY COLLATERAL TO SUCH HOSPITALIZATION WHICH DID NOT TERMINATE UNTIL YOU WERE DISCHARGED ON MAY 18, 1959, TO RESUME A DUTY STATUS. CLEARLY, SUCH SPECIAL DUTY WAS NOT THE REGULAR DUTY NORMALLY PERFORMED BY A MEMBER AT HIS PERMANENT STATION.

SECTION 302 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE ONLY TO MEMBERS WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE "IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION.' THE ABOVE MENTIONED PARAGRAPH 9003-11, JOINT TRAVEL REGULATIONS, IS BASED ON THE PRINCIPLE THAT AN ASSIGNMENT TO A HOSPITAL FOR OBSERVATION AND TREATMENT IS NOT, WITHIN THE MEANING OF THE GOVERNING LAW AND REGULATIONS, A PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES. SINCE VALLEY FORGE ARMY HOSPITAL WAS NOT YOUR PERMANENT DUTY STATION AT ANY TIME, THE DIRECTED TRAVEL BACK TO FORT MONROE ON REASSIGNMENT TO THAT PLACE, DID NOT CONSTITUTE A PERMANENT CHANGE OF STATION. THE ONLY PERMANENT STATION TO WHICH YOU WERE ASSIGNED DURING ANY PART OF THE PERIOD OF YOUR HOSPITALIZATION WAS LOCATED AT FORT MONROE AND NO CHANGE OF PERMANENT STATION WAS DIRECTED EITHER TO OR FROM THAT PLACE DURING THAT PERIOD.

IN THE CIRCUMSTANCES SHOWN, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF MARCH 11, 1960, IS SUSTAINED.