B-143238, NOVEMBER 2, 1960, 40 COMP. GEN. 251

B-143238: Nov 2, 1960

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MILITARY PERSONNEL - TRANSPORTATION OF DEPENDENTS - DISLOCATION ALLOWANCE - CHANGE FROM ENLISTED TO COMMISSIONED STATUS AN ENLISTED MEMBER OF THE UNIFORMED SERVICES WHO WAS DETACHED FROM AN OVERSEAS STATION AND DIRECTED TO REPORT TO A POINT IN THE UNITED STATES FOR OFFICER CANDIDATE. PAYMENT OF DEPENDENT TRAVEL IS AUTHORIZED ONLY FROM THE PLACE WHERE THE DEPENDENTS WERE LOCATED ON THE EFFECTIVE DATE OF THE ORDERS TO THE NEW STATION NOT TO EXCEED THE DISTANCE FROM THE PLACE WHERE THE DEPENDENTS HAD BEEN LOCATED PRIOR TO TRAVEL TO THE NEW STATION. COMPLETION OF A COURSE OF INSTRUCTION AND ACCEPTANCE OF A COMMISSION AS ENSIGN IS NOT TRAVEL FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT WITHIN THE MEANING OF PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS PRECLUDING THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO TRAVEL FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT STATION UPON APPOINTMENT AND.

B-143238, NOVEMBER 2, 1960, 40 COMP. GEN. 251

MILITARY PERSONNEL - TRANSPORTATION OF DEPENDENTS - DISLOCATION ALLOWANCE - CHANGE FROM ENLISTED TO COMMISSIONED STATUS AN ENLISTED MEMBER OF THE UNIFORMED SERVICES WHO WAS DETACHED FROM AN OVERSEAS STATION AND DIRECTED TO REPORT TO A POINT IN THE UNITED STATES FOR OFFICER CANDIDATE, LIMITED DUTY OFFICER INDOCTRINATION COURSE, AND UPON COMPLETION OF SUCH TEMPORARY DUTY AND ACCEPTANCE OF A COMMISSION TO REPORT TO A DESIGNATED PERMANENT DUTY STATION MAY BE CONSIDERED AS BEING TRANSFERRED ON A PERMANENT CHANGE OF STATION BASIS FROM HIS OVERSEAS STATION TO HIS NEW PERMANENT DUTY STATION IN CONJUNCTION WITH HIS CONTINUATION IN THE SERVICE WITHIN THE MEANING OF PARAGRAPH 7011-4 OF THE JOINT TRAVEL REGULATIONS FOR ENTITLEMENT TO DEPENDENTS' TRAVEL. AN ANNOUNCEMENT THAT AN ENLISTED MEMBER HAD BEEN SELECTED TO RECEIVE A COMMISSION AND THAT HE WOULD ATTEND AN INDOCTRINATION COURSE AND BE TENDERED A COMMISSION, TOGETHER WITH A LETTER FROM THE MEMBER'S COMMANDING OFFICER TO SUPPORT THE FACT THAT THE DEPENDENTS OF THE MEMBER COMMENCED TRAVEL PRIOR TO THE EFFECTIVE DATE OF THE MEMBER'S ORDERS AND ARRIVED AT THE NEW STATION SUBSEQUENT TO THE MEMBER, DOES NOT INDICATE THAT THE MEMBER HAD KNOWLEDGE OF THE PERMANENT CHANGE OF STATION AT THE TIME THE DEPENDENTS BEGAN THEIR TRAVEL TO MEET THE REQUIREMENTS PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS TO AUTHORIZE DEPENDENTS' TRAVEL FROM OTHER THAN THE OLD STATION TO THE NEW STATION; THEREFORE, PAYMENT OF DEPENDENT TRAVEL IS AUTHORIZED ONLY FROM THE PLACE WHERE THE DEPENDENTS WERE LOCATED ON THE EFFECTIVE DATE OF THE ORDERS TO THE NEW STATION NOT TO EXCEED THE DISTANCE FROM THE PLACE WHERE THE DEPENDENTS HAD BEEN LOCATED PRIOR TO TRAVEL TO THE NEW STATION. TRAVEL PERFORMED BY A NAVY MEMBER FROM THE TEMPORARY DUTY STATION TO HIS NEW PERMANENT DUTY STATION FOLLOWING DETACHMENT FROM AN OVERSEAS AS AN ENLISTED MEMBER, COMPLETION OF A COURSE OF INSTRUCTION AND ACCEPTANCE OF A COMMISSION AS ENSIGN IS NOT TRAVEL FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT WITHIN THE MEANING OF PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS PRECLUDING THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO TRAVEL FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT STATION UPON APPOINTMENT AND, THEREFORE, SINCE THE MEMBER'S DEPENDENTS ARE AUTHORIZED TO TRAVEL INCIDENT TO HIS PERMANENT CHANGE OF STATION, THE MEMBER IS ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO HIS PERMANENT CHANGE OF STATION.

TO JOHN H. MAYER, DEPARTMENT OF THE NAVY, NOVEMBER 2, 1960:

THERE HAS BEEN RECEIVED BY FOURTH ENDORSEMENT DATED AUGUST 18, 1960, YOUR LETTER OF JUNE 15, 1960, SF 722 7240 SER: 632, REQUESTING ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT OF DEPENDENTS' TRAVEL AND DISLOCATION ALLOWANCE IN THE CASE OF ENSIGN ROBERT E. JONES, 633 979, USN, UNDER THE CIRCUMSTANCES DISCLOSED. THE REQUEST HAS BEEN ASSIGNED CONTROL NO. 60-28 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS DATED OCTOBER 16, 1959, MR. JONES, THEN SERVING AS AN ENLISTED MAN ( ATC), WAS DETACHED FROM DUTY AT HIS OVERSEAS ASSIGNMENT ( FITRON THIRTY-ONE) AND DIRECTED TO PROCEED TO NEWPORT, RHODE ISLAND FOR TEMPORARY DUTY UNDER INSTRUCTION OF SEVEN WEEKS TO ATTEND A LIMITED DUTY OFFICERS' INDOCTRINATION COURSE TO COMMENCE JANUARY 5, 1960, AND UPON ACCEPTANCE OF TEMPORARY APPOINTMENT AS ENSIGN, USC, LIMITED DUTY OFFICER, HE WAS TO CONTINUE TEMPORARY DUTY UNDER INSTRUCTION. THE ORDERS FURTHER DIRECTED THAT UPON COMPLETION OF TEMPORARY DUTY HE WAS TO PROCEED TO THE NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, FOR DUTY. IT IS SHOWN THAT JONES WAS DETACHED FROM HIS OVERSEAS STATION ON NOVEMBER 24, 1959; THAT HE REPORTED FOR TEMPORARY DUTY UNDER INSTRUCTION AT THE U.S. NAVAL SCHOOL, OFFICER CANDIDATE, NEWPORT, RHODE ISLAND, ON DECEMBER 29, 1959, AND THAT HE WAS COMMISSIONED AN ENSIGN, USN, FOR LIMITED DUTY ON JANUARY 9, 1960. CONTINUED ON TEMPORARY DUTY UNDER INSTRUCTION AT THE SCHOOL UNTIL FEBRUARY 26, 1960, WHEN HE WAS DETACHED, AND ON FEBRUARY 28, 1960, HE REPORTED TO HIS NEW STATION AT PATUXENT RIVER, MARYLAND. IT IS INDICATED THAT THE MEMBER'S DEPENDENTS DEPARTED FROM JACKSONVILLE, FLORIDA, ON JULY 6, 1959, AND ARRIVED AT PATUXENT RIVER, MARYLAND, ON MARCH 15, 1960 IN SUPPORT OF THE EARLY DEPARTURE OF DEPENDENTS FROM THE OLD STATION (PARAGRAPH 7000 9 OF THE JOINT TRAVEL REGULATIONS), THERE WAS SUBMITTED A LETTER DATED MAY 27, 1960, FROM THE COMMANDING OFFICER OF FIGHTER SQUADRON THIRTY ONE CERTIFYING THAT JONES WAS NOTIFIED BY BUREAU OF NAVAL PERSONNEL NOTICE 1120 OF APRIL 13, 1959, AND BUREAU OF NAVAL PERSONNEL LETTER OF JUNE 25, 1959 (A COPY OF WHICH WAS ENCLOSED), OF HIS SELECTION FOR THE LIMITED DUTY OFFICER PROGRAM PRIOR TO THE TIME HIS FAMILY AND HOUSEHOLD POSSESSIONS MOVED FROM THE JACKSONVILLE AREA.

YOU REFER TO THE PROVISIONS OF PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS AND EXPRESS DOUBT AS TO WHETHER THOSE PROVISIONS PRECLUDE THE PAYMENT OF A DISLOCATION ALLOWANCE TO ENLISTED PERSONNEL IN PAY GRADES E-6 AND E-7 ON ACTIVE DUTY WHO ARE APPOINTED LIMITED DUTY OFFICERS AND MOVE THEIR DEPENDENTS TO THE FIRST PERMANENT DUTY STATION AFTER APPOINTMENT.

IN REFERRING THE MATTER HERE, THE COMPTROLLER OF THE NAVY EXPRESSES THE VIEW THAT UNDER PROVISIONS OF PARAGRAPH 7011-4, JOINT TRAVEL REGULATIONS, DEPENDENTS' TRAVEL IS AUTHORIZED BASED ON ENTITLEMENT FROM THE OLD PERMANENT STATION TO THE NEW STATION, AND THAT PAYMENT OF THE DISLOCATION ALLOWANCE IS AUTHORIZED BASED ON THE PRINCIPLE SET FORTH IN DECISION OF JANUARY 14, 1957, B-130003. THE VIEW IS ALSO EXPRESSED THAT THE RESTRICTION CONTAINED IN PARAGRAPH 9003-3 OF THE REGULATIONS IS NOT APPLICABLE IN THIS CASE. THE LETTER STATES THAT AN ORDERED PERMANENT CHANGE OF STATION IN CONNECTION WITH THE ACQUISITION OF A COMMISSION INCLUDES ONLY A CHANGE OF STATUS TO MAKE IT DIFFER FROM ANY OTHER PERMANENT CHANGE OF STATION.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), AUTHORIZES 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 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 HOME TO FIRST DUTY STATION OR FROM LAST STATION TO HOME. PARAGRAPH 9003-3 OF THE 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 7011-4 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY FOR THE EXPRESS PURPOSE OF CONTINUING ON ACTIVE DUTY (OTHER THAN EXPIRATION OF ENLISTMENT OR PRESCRIBED TERM OF SERVICE) IN THE SAME OR ANOTHER STATUS IS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS IN CONNECTION WITH SUCH SEPARATION AND CONTINUATION. IT FURTHER PROVIDES, HOWEVER, THAT THIS PROHIBITION WILL NOT BE CONSTRUED AS DENYING TRANSPORTATION OF DEPENDENTS WHEN A MEMBER IS TRANSFERRED ON A PERMANENT CHANGE OF STATION IN CONJUNCTION WITH RE-ENTRY INTO OR CONTINUATION IN THE SERVICE.

IN THE DECISION OF JANUARY 14, 1957, B-13003, MENTIONED ABOVE, THERE WAS CONSIDERED THE CASE OF A MEMBER WHO WAS SEPARATED FROM THE SERVICE AS A RESERVE OFFICER AND REENLISTED THE FOLLOWING DAY IN THE REGULAR ARMY. WAS POINTED OUT THAT WHILE ORDERS THERE PROVIDED FOR THE OFFICER'S TRANSFER ON A PERMANENT CHANGE OF STATION TO FORT POLK, FOR RELEASE FROM ACTIVE DUTY, IT ALSO APPEARED THAT SUCH RELEASE WAS AUTHORIZED FOR THE PURPOSE OF PERMITTING HIM TO CONTINUE IN THE SERVICE IN AN ENLISTED STATUS AND THAT IT WAS CONTEMPLATED THAT FORT POLK WOULD, IN FACT, BE HIS PERMANENT STATION RATHER THAN MERELY A POINT OF SEPARATION. WE CONSIDERED THE PROVISIONS OF PARAGRAPH 9003-3 OF THE REGULATIONS ( CHANGE 43, FEBRUARY 1, 1956) WHICH AT THAT TIME SPECIFICALLY PROVIDED THAT THE RESTRICTION AGAINST PAYMENT DOES NOT APPLY IN THE CASE OF MEMBERS TRANSFERRED ON A PERMANENT CHANGE OF STATION SUBSEQUENT TO SEPARATION AND RE-ENTRY INTO THE SERVICE AT THE SAME STATION IN THE SAME OR A DIFFERENT STATUS WITHOUT BREAK IN ACTIVE SERVICE. WE SAID IN THAT DECISION THAT THE REGULATIONS APPARENTLY CONTEMPLATED THE PAYMENT OF THE DISLOCATION ALLOWANCE INCIDENT TO A CHANGE OF STATION ORDERED IN CONJUNCTION WITH A SEPARATION FOR THE PURPOSE OF RE-ENTRY INTO THE SERVICE AT THE SAME STATION WITHOUT BREAK IN SERVICE, PROVIDED TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO BE FURNISHED OR A TRAVEL ALLOWANCE IS AUTHORIZED TO BE PAID FOR THEIR TRAVEL IN THAT CONNECTION, EVEN IF THE CHANGE OF STATION BE EFFECTED PRIOR TO RELEASE RATHER THAN AFTER RE-ENTRY INTO THE SERVICE. THE CURRENT PROVISIONS OF PARAGRAPH 9003-3 MAKE NO EXCEPTION TO THE RESTRICTION.

IN THE PRESENT CASE, THE ORDERS OF OCTOBER 16, 1959, CONTEMPLATED THAT THE MEMBER WOULD CONTINUE IN THE SERVICE IN ANOTHER STATUS, NAMELY, FROM ENLISTED MAN TO AN OFFICER STATUS, WHEN THEY DIRECTED THAT HE REPORT FOR THE OFFICER CANDIDATE, LIMITED DUTY OFFICER INDOCTRINATION COURSE, AND FURTHER DIRECTED HIS TRANSFER UPON COMPLETION OF SUCH TEMPORARY DUTY UNDER INSTRUCTION AT NEWPORT, RHODE ISLAND, TO THE NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, FOR DUTY. IN THE CIRCUMSTANCES, THE MEMBER MAY BE CONSIDERED AS BEING TRANSFERRED ON A PERMANENT CHANGE OF STATION BASIS FROM HIS OVERSEAS STATION TO HIS NEW DUTY STATION IN CONJUNCTION WITH HIS CONTINUATION IN THE SERVICE WITHIN THE MEANING OF PARAGRAPH 7011-4 OF THE REGULATIONS. AS NOTED ABOVE, HOWEVER, IT IS SHOWN THAT THE DEPENDENTS DEPARTED ON JULY 6, 1959, FROM JACKSONVILLE, FLORIDA, WHICH WAS PRIOR TO THE EFFECTIVE DATE OF THE OFFICER'S PERMANENT CHANGE OF STATION ORDERS DATED OCTOBER 16, 1959, AND THAT THEY ARRIVED AT THE OFFICER'S NEW DUTY STATION ON MARCH 15, 1950, SUBSEQUENT TO HIS ARRIVAL AT THAT STATION. IS OUR VIEW THAT THE COMMANDING OFFICER'S CERTIFICATE DATED MAY 27, 1960, AND THE LETTER FROM THE BUREAU OF NAVAL PERSONNEL DATED JUNE 25, 1959, IN SUPPORT OF THE EARLY DEPARTURE OF THE DEPENDENTS MAY NOT BE ACCEPTED AS MEETING THE REQUIREMENTS OF THE PROVISIONS OF PARAGRAPH 7000-9 OF THE REGULATIONS, SO AS TO AUTHORIZE TRAVEL FROM JACKSONVILLE, FLORIDA, TO PATUXENT RIVER, MARYLAND, THE OFFICER'S NEW DUTY STATION. THE BUREAU OF NAVAL PERSONNEL LETTER WAS MERELY AN ANNOUNCEMENT THAT THE MEMBER HAD BEEN SELECTED TO RECEIVE A COMMISSION AND THAT HE WOULD ATTEND AN INDOCTRINATION COURSE AT NEWPORT, RHODE ISLAND, IN JANUARY 1960 AND BE TENDERED A COMMISSION. NOTHING IS SAID THERE OF ANY PERMANENT CHANGE OF STATION. THE REGULATION CONTEMPLATES THAT TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED UNTIL THE MEMBER HAS DEFINITE KNOWLEDGE THAT CHANGE OF STATION ORDERS ARE TO BE ISSUED. NEITHER THE BUREAU OF NAVAL PERSONNEL ANNOUNCEMENT NOR THE COMMANDING OFFICER'S CERTIFICATE INDICATES THAT THE MEMBER HAD SUCH KNOWLEDGE OF A PERMANENT CHANGE OF STATION AT THAT TIME. PARAGRAPH 7058 OF THE REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FOR TRAVEL PERFORMED FROM OTHER THAN THE OLD PERMANENT STATION TO THE NEW STATION NOT TO EXCEED ENTITLEMENT FROM THE OLD TO THE NEW STATION. HENCE, ON THE PRESENT RECORD, PAYMENT OF DEPENDENT TRAVEL IS AUTHORIZED ONLY FROM THE PLACE WHERE THE DEPENDENTS WERE LOCATED ON OCTOBER 16, 1959, THE EFFECTIVE DATE OF CHANGE OF STATION ORDERS, NOT TO EXCEED THE DISTANCE FROM JACKSONVILLE, FLORIDA, TO PATUXENT RIVER, MARYLAND. UPON VERIFICATION OF THE DEPENDENTS' LOCATION AT THAT TIME, PAYMENT IS AUTHORIZED ON THAT BASIS.

THE RESTRICTION IN PARAGRAPH 9003-3 PRECLUDING THE PAYMENT OF DISLOCATION ALLOWANCE IN CONNECTION WITH TRAVEL FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY "TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT," IS NOT APPLICABLE IN THIS CASE. AS INDICATED ABOVE, UNDER THE ORDERS OF OCTOBER 16, 1959, THE MEMBER WAS TRANSFERRED FROM HIS OVERSEAS STATION TO HIS NEW DUTY STATION IN MARYLAND ON A PERMANENT CHANGE OF STATION BASIS IN CONJUNCTION WITH HIS CONTINUATION IN THE SERVICE AS AN OFFICER. IT IS OUR VIEW THAT THE TRAVEL PERFORMED BY MEMBER FROM HIS TEMPORARY DUTY STATION TO HIS PERMANENT DUTY STATION FOLLOWING HIS COMMISSION AS ENSIGN IN THE NAVY IS NOT TRAVEL FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT WITHIN THE MEANING OF PARAGRAPH 9003-3 OF THE REGULATIONS. IN THE CIRCUMSTANCES, AND FOR THE REASON AUTHORIZING DEPENDENTS' TRAVEL IN THIS CASE, THE MEMBER IS ENTITLED TO A DISLOCATION ALLOWANCE INCIDENT TO HIS PERMANENT CHANGE OF STATION. WILL BE NOTED THAT THE FACTS IN THIS CASE ARE DISTINGUISHABLE FROM THOSE CONSIDERED IN THE DECISION OF THE SECRETARY OF THE NAVY IN 39 COMP. GEN. 76, AND DECISION DATED MAY 16, 1960, B-142506, WHERE THE DISLOCATION ALLOWANCE PAYMENTS WERE NOT AUTHORIZED.

ACCORDINGLY, THE SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT BEING AUTHORIZED FOR A DISLOCATION ALLOWANCE AND FOR DEPENDENT TRAVEL ON THE BASIS INDICATED ABOVE, IF OTHERWISE CORRECT.