B-144455, DEC. 23, 1960

B-144455: Dec 23, 1960

Additional Materials:

Contact:

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

 

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

PETTUS: REFERENCE IS MADE TO YOUR LETTER POSTMARKED OCTOBER 21. YOU WERE DETACHED FROM THE U.S.S. AN AUTHORIZATION FOR YOUR TRANSFER TO THE FLEET RESERVE WAS RECEIVED AT YOUR STATION. PRESUMABLY YOU WERE TRANSFERRED TO THE FLEET RESERVE ON SEPTEMBER 15. YOUR CLAIM FOR REIMBURSEMENT FOR THAT TRAVEL OF YOUR DEPENDENTS AND FOR A DISLOCATION ALLOWANCE WAS DISALLOWED BY OUR SETTLEMENT DATED OCTOBER 11. BECAUSE IT APPEARED THAT THE TRAVEL OF YOUR DEPENDENTS TO FALLON WAS FOR THE PURPOSE OF A VISIT AND NOT FOR THE PURPOSE OF ESTABLISHING A RESIDENCE. THAT FOR FOUR YEARS YOU HAVE BEEN IN THE PROCESS OF PURCHASING A HOUSE AT 4605 BETA STREET. THAT YOU AND ALSO OFFICIALS OF THE DEPARTMENT OF THE NAVY KNEW THAT YOU WERE BEING RELEASED FROM ACTIVE DUTY IN SEPTEMBER 1960.

B-144455, DEC. 23, 1960

TO MR. RICHARD E. PETTUS:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED OCTOBER 21, 1960, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 11, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM SAN DIEGO, CALIFORNIA, TO FALLON, NEVADA, AND A DISLOCATION ALLOWANCE, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE UNITED STATES NAVY.

BY ORDERS PREPARED AUGUST 14, 1959, YOU WERE DETACHED FROM THE U.S.S. CATAMOUNT (LSD 17) AT SAN DIEGO, CALIFORNIA, AND ASSIGNED TO DUTY AT FALLON, NEVADA, WHERE YOU REPORTED ON SEPTEMBER 23, 1959. THE RECORD SHOWS THAT ON FEBRUARY 17, 1960, YOU SUBMITTED A REQUEST FOR TRANSFER TO THE FLEET RESERVE TO BECOME EFFECTIVE ON SEPTEMBER 15, 1960; THAT ABOUT APRIL 10, 1960, AN AUTHORIZATION FOR YOUR TRANSFER TO THE FLEET RESERVE WAS RECEIVED AT YOUR STATION, AND PRESUMABLY YOU WERE TRANSFERRED TO THE FLEET RESERVE ON SEPTEMBER 15, 1960. YOU CERTIFIED THAT YOUR DEPENDENTS (WIFE AND TWO CHILDREN) TRAVELED AT PERSONAL EXPENSE FROM SAN DIEGO, CALIFORNIA, TO FALLON, NEVADA, BETWEEN JUNE 18 AND 20, 1960. YOUR CLAIM FOR REIMBURSEMENT FOR THAT TRAVEL OF YOUR DEPENDENTS AND FOR A DISLOCATION ALLOWANCE WAS DISALLOWED BY OUR SETTLEMENT DATED OCTOBER 11, 1960, BECAUSE IT APPEARED THAT THE TRAVEL OF YOUR DEPENDENTS TO FALLON WAS FOR THE PURPOSE OF A VISIT AND NOT FOR THE PURPOSE OF ESTABLISHING A RESIDENCE.

IN YOUR PRESENT LETTER YOU SAY, IN SUBSTANCE, THAT FOR FOUR YEARS YOU HAVE BEEN IN THE PROCESS OF PURCHASING A HOUSE AT 4605 BETA STREET, SAN DIEGO, CALIFORNIA; THAT YOU AND ALSO OFFICIALS OF THE DEPARTMENT OF THE NAVY KNEW THAT YOU WERE BEING RELEASED FROM ACTIVE DUTY IN SEPTEMBER 1960; THAT YOU WERE DELAYED IN GETTING HOUSING FOR YOUR FAMILY AT FALLON, NEVADA; AND THAT YOU OBTAINED QUARTERS AT FALLON ON JUNE 13, 1960, AFTER WHICH YOU BROUGHT YOUR FAMILY THERE. ON SUCH BASIS YOU URGE THAT YOUR CLAIM SHOULD BE ALLOWED.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICE WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. PARAGRAPH 7000-13, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR ANY TRAVEL TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE, FOR PLEASURE TRIPS OR FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE. THUS, RIGHT TO TRANSPORTATION OF DEPENDENTS AT THE EXPENSE OF THE GOVERNMENT IS NOT AN ALLOWANCE PAYABLE IN ALL EVENTS ON THE BASIS THAT SOME TRAVEL WAS PERFORMED. EVEN THOUGH TRAVEL IS PERFORMED, NO RIGHT TO REIMBURSEMENT BY THE GOVERNMENT ARISES UNLESS THE TRAVEL MAY BE CONSIDERED AS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AN ORDERED PERMANENT CHANGE OF STATION FOR THE MEMBER IN THE SERVICE. 33 COMP. GEN. 431.

PRIOR TO THE TRAVEL OF YOUR DEPENDENTS FROM SAN DIEGO, CALIFORNIA, TO FALLON, NEVADA, YOUR REQUEST FOR TRANSFER TO THE FLEET RESERVE EFFECTIVE SEPTEMBER 15, 1960, HAD BEEN APPROVED, AND AUTHORIZATION FOR SUCH TRANSFER WAS RECEIVED AT YOUR STATION ABOUT APRIL 10, 1960. YOU SAY THAT FOR A PERIOD OF MORE THAN FOUR YEARS YOU HAVE BEEN PURCHASING THE HOME IN SAN DIEGO WHERE YOUR DEPENDENTS WERE RESIDING PRIOR TO THEIR DEPARTURE FOR FALLON AND TO WHICH THEY APPARENTLY INTENDED TO AND DID RETURN FOLLOWING YOUR RELEASE FROM ACTIVE DUTY. IN THESE CIRCUMSTANCES, AND IN VIEW OF THE SHORT PERIOD OF ACTIVE DUTY REMAINING FOR YOU TO SERVE WHEN YOUR DEPENDENTS TRAVELED IN YOUR DUTY STATION, WE MAY NOT CONCLUDE THAT SUCH TRAVEL WAS INCIDENT TO AND FOR THE PURPOSE OF ESTABLISHING A RESIDENCE AT FALLON WITHIN THE CONTEMPLATION OF THE REGULATIONS. THEREFORE, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM FOR TRAVEL OF YOUR DEPENDENTS FROM SAN DIEGO, CALIFORNIA, TO FALLON, NEVADA.

PARAGRAPH 9003-1, JOINT TRAVEL REGULATIONS, PROHIBITS THE PAYMENT OF A DISLOCATION ALLOWANCE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED BY DEPENDENTS WITHOUT THE INTENT OF ESTABLISHING A RESIDENCE.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY OUR SETTLEMENT DATED OCTOBER 11, 1960, IS SUSTAINED.