B-144480, JAN. 27, 1961

B-144480, JAN. 27, 1961

TO MASTER SERGEANT NEIL S. WILSON:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 28, 1960, REQUESTING REVIEW OF THE SETTLEMENT DATED OCTOBER 17, 1060, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE IN THE AMOUNT OF $85.50.

BY SPECIAL ORDER NO. 131, HEADQUARTERS, ANTIAIRCRAFT ARTILLERY AND GUIDED MISSILE CENTER, FORT BLISS, TEXAS, DATED JUNE 22, 1955, YOU WERE RELIEVED FROM ASSIGNMENT AT FORT BLISS AND REASSIGNED TO BATTERY "D," 485TH ANTIAIRCRAFT ARTILLERY MISSILE BATTALION, FORT SHERIDAN, ILLINOIS, ON A PERMANENT CHANGE OF STATION, TO REPORT FOR DUTY NO LATER THAN JULY 14, 1955. SUBSEQUENTLY, PURSUANT TO SPECIAL ORDERS NO. 173, DATED AUGUST 30, 1955, YOU WERE DISCHARGED FROM YOUR ENLISTED STATUS AT HEDGEWICH STATION, CHICAGO, ILLINOIS, AND ORDERED TO ACTIVE DUTY AS A WARRANT OFFICER EFFECTIVE SEPTEMBER 15, 1955, WITH ASSIGNMENT TO THE 485TH AAA MISSILE BATTALION, FORT SHERIDAN, ILLINOIS. THE RECORD SHOWS THAT YOU WERE CREDITED WITH DISLOCATION ALLOWANCE IN THE AMOUNT OF $96.90 ON YOUR MILITARY PAY RECORD CLOSED SEPTEMBER 14, 1955, AND $85.50 ON YOUR MILITARY PAY RECORD CLOSED DECEMBER 31, 1955. BY SETTLEMENT OF OCTOBER 17, 1960, YOUR CLAIM FOR REFUND OF $85.50 DISLOCATION ALLOWANCE, WHICH HAD BEEN COLLECTED FROM YOU ADMINISTRATIVELY BECAUSE OF AN EXCEPTION TO THE PAYMENT BY OUR AUDITORS, WAS DISALLOWED AND YOU SEEK REVIEW APPARENTLY ON THE BASIS THAT YOUR TRANSITION FROM ENLISTED STATUS TO WARRANT OFFICER DID NOT CONSTITUTE A BREAK IN SERVICE AND,THEREFORE, YOU WERE ENTITLED TO BOTH DISLOCATION ALLOWANCE PAYMENTS.

SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, AMENDING SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 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 DO MOVE IN CONNECTION WITH ORDERS DIRECTING A PERMANENT CHANGE OF STATION. THE PURPOSE OF A DISLOCATION ALLOWANCE IS TO PARTIALLY REIMBURSE A MEMBER WITH DEPENDENTS FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A PERMANENT CHANGE OF STATION. IN THIS CONNECTION, PARAGRAPH 9002-1 OF JOINT TRAVEL REGULATIONS PROVIDED AT THE TIME INVOLVED FOR THE PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS HAVE COMPLETED TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION "IF TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO BE FURNISHED OR TRAVEL ALLOWANCES ARE AUTHORIZED TO BE PAID," AND PARAGRAPH 9003-6 OF SUCH REGULATIONS BARS PAYMENT OF THE ALLOWANCE INCIDENT TO A PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED IN OR ADJACENT TO THE SAME METROPOLITAN AREA, UNLESS THE COMMANDING OFFICER AT THE NEW STATION MAKES A FINDING THAT THE CHANGE OF RESIDENCE WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION.

UNDER YOUR ORDERS OF JUNE 22, 1955, FORT SHERIDAN, ILLINOIS, WAS DESIGNATED AS YOUR PERMANENT STATION AND THERE IS NOTHING OF RECORD TO SHOW THAT HEDGEWICH STATION, CHICAGO, ILLINOIS, EVER BECAME YOUR PERMANENT STATION. MOREOVER, THE RECORD BEFORE US DOES NOT INDICATE THAT ANY "MOVE" BY YOUR DEPENDENTS TO A NEW RESIDENCE WAS ACCOMPLISHED PURSUANT TO YOUR ASSIGNMENT AS A WARRANT OFFICER AT FORT SHERIDAN UNDER ORDERS OF AUGUST 30, 1955, THE SAME STATION TO WHICH YOU HAD BEEN ASSIGNED APPROXIMATELY TWO MONTHS BEFORE BY THE ORDERS OF JUNE 22, 1955.

WITH REFERENCE TO THE CASES CITED BY YOU IN SUPPORT OF YOUR CLAIM, WHILE THE SETTLEMENT OF OCTOBER 17, 1960, MAY HAVE BASED THE DISALLOWANCE OF YOUR CLAIM ON REGULATIONS NOT APPLICABLE TO YOUR SITUATION OF BEING DISCHARGED FROM AN ENLISTED STATUS AND BEING ORDERED, IN EFFECT, TO CONTINUE ON ACTIVE DUTY AS A WARRANT OFFICER WITHOUT A BREAK IN SERVICE, NEVERTHELESS, THE RECORD BEFORE US DOES NOT ESTABLISH THAT HEDGEWICH STATION WAS YOUR OFFICIAL STATION SINCE THE ORDERS OF JUNE 22 PROVIDED FOR YOUR TRANSFER TO FORT SHERIDAN. IF HEDGEWICH STATION ACTUALLY WAS YOUR OFFICIAL STATION WHEN THE ORDERS OF AUGUST 30, 1955, WERE ISSUED, HOWEVER, THE PAYMENT OF A DISLOCATION ALLOWANCE IS NOT AUTHORIZED INCIDENT TO THOSE ORDERS IN THE ABSENCE OF A CERTIFICATE OF THE COMMANDING OFFICER AT FORT SHERIDAN SHOWING THAT A CHANGE OF RESIDENCE WAS NECESSARY AND WAS ACCOMPLISHED AS A DIRECT RESULT OF THOSE ORDERS SINCE BOTH PLACES ARE LOCATED IN THE METROPOLITAN AREA OF CHICAGO. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD YOUR RIGHT TO A DISLOCATION ALLOWANCE INCIDENT TO SUCH ORDERS IS NOT ESTABLISHED. ON SUCH BASIS, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

IF, AS YOU MAY, YOU HAD A PERMANENT CHANGE OF STATION SUBSEQUENT TO THE PERIOD INVOLVED IN YOUR CLAIM, AND BELIEVE THAT YOU ARE ENTITLED TO A DISLOCATION ALLOWANCE INCIDENT TO SUCH MOVE, YOU MAY FILE CLAIM WITH OUR CLAIMS DIVISION FOR THE AMOUNT BELIEVED DUE, SUBMITTING ANY INFORMATION YOU FEEL WILL SUPPORT SUCH CLAIM.