B-145193, MAR. 16, 1961

B-145193, MAR. 16, 1961

TO ALEX PALINKAS:

REFERENCE IS MADE TO YOUR LETTER REQUESTING REVIEW OF THE SETTLEMENT DATED FEBRUARY 10, 1961, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO YOUR RETURN FROM OVERSEAS UNDER YOUR ORDERS OF JULY 12 AND 25, 1960.

BY LETTER ORDER NO. 7-177, HEADQUARTERS, 66TH MILITARY INTELLIGENCE GROUP, UNITED STATES ARMY, EUROPE, DATED JULY 12, 1960 (SUBJECT: SEPARATION ORDERS), YOU WERE RELEASED FROM YOUR ASSIGNMENT AT STUTTGART, GERMANY, AND REASSIGNED TO THE UNITED STATES ARMY TRANSFER STATION (1386), FORT HAMILTON, NEW YORK, FOR PURPOSE OF RELEASE FROM ACTIVE DUTY. YOUR DEPENDENT WIFE AND DAUGHTER WERE AUTHORIZED CONCURRENT TRAVEL ON THESE ORDERS. THE GENERAL AUTHORITY CITED FOR THESE ORDERS WAS ARMY REGULATION FORT HAMILTON, NEW YORK, FOR PURPOSE OF RELEASE FROM ACTIVE DUTY. YOUR DEPENDENT WIFE AND DAUGHTER WERE AUTHORIZED CONCURRENT TRAVEL ON THESE ORDERS. THE GENERAL AUTHORITY CITED FOR THESE ORDERS WAS ARMY REGULATION 635-250 WHICH DEALS WITH RELEASE OF ACTIVE DUTY PERSONNEL TO THE NATIONAL GUARD OR ARMY RESERVE. AMENDING ORDERS, DATED JULY 25, 1960, AUTHORIZED YOU TO TRAVEL IN CIVILIAN CLOTHING. THE RECORD FURTHER SHOWS THAT YOU DEPARTED THE EUROPEAN COMMAND ON AUGUST 27, 1960, ARRIVED IN NEW YORK NEW YORK, ON SEPTEMBER 6, 1960, AND WERE DISCHARGED AT FORT HAMILTON, NEW YORK, ON SEPTEMBER 11, 1960. THEREAFTER, BY SPECIAL ORDERS NO. 210, HEADQUARTERS, FORT HAMILTON, NEW YORK, DATED SEPTEMBER 12, 1960, YOU REENLISTED IN THE ARMY FOR A PERIOD OF THREE YEARS AND WERE ASSIGNED TO PERMANENT DUTY AT U.S. ARMY ORDNANCE ARSENAL, PICATINNY (4414) DOVER, NEW JERSEY.

YOUR CLAIM FOR DISLOCATION ALLOWANCE WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 10, 1961, FOR THE REASON THAT A DISLOCATION ALLOWANCE IS NOT PAYABLE FROM THE LAST DUTY STATION TO THE HOME, OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, UPON SEPARATION FROM THE SERVICE, RELEASE FROM ACTIVE DUTY, OR RETIREMENT. IT WAS FURTHER STATED THAT DISLOCATION ALLOWANCE IS NOT PAYABLE IN CONNECTION WITH PERMANENT CHANGE-OF-STATION TRAVEL PERFORMED FROM THE LAST DUTY STATION IN ONE PERIOD OF SERVICE TO THE FIRST DUTY STATION IN ANOTHER PERIOD OF SERVICE, WHEN THERE WAS NO ORDERED PERMANENT CHANGE OF STATION BETWEEN THOSE STATIONS. IN YOUR LETTER REQUESTING REVIEW YOU CONTEND THAT YOU WERE MISINFORMED AS TO YOUR RIGHTS TO A DISLOCATION ALLOWANCE BY A RECRUITING SERGEANT AND THAT YOU DO NOT BELIEVE THAT YOU SHOULD BE MADE "TO PAY FOR THE MISTAKE OF OTHERS.'

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 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 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 DUTY STATION TO HOME. PARAGRAPH 9003-4, JOINT TRAVEL REGULATIONS, PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE, RELEASE FROM ACTIVE DUTY, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, OR RETIREMENT. ALSO, UNDER PARAGRAPH 9003-5, DISLOCATION ALLOWANCE IS NOT PAYABLE IN CONNECTION WITH PERMANENT CHANGE-OF-STATION TRAVEL FROM LAST DUTY STATION IN ONE PERIOD OF SERVICE TO FIRST DUTY STATION IN ANOTHER PERIOD OF SERVICE WHEN THERE WAS NO ORDERED CHANGE OF STATION BETWEEN THOSE STATIONS.

WE HAVE CONSISTENTLY HELD THAT PAYMENT OF DISLOCATION ALLOWANCE INVOLVING MEMBERS ORDERED FROM OLD PERMANENT STATION TO PROCESSING OR SEPARATION STATIONS FOR DISCHARGE, WHO SUBSEQUENTLY REENLIST WITHOUT A BREAK IN SERVICE, IS NOT AUTHORIZED UNLESS IT APPEARS THAT THE MEMBER'S ORIGINAL PERMANENT CHANGE-OF-STATION ORDERS CONTEMPLATED HIS IMMEDIATE RE-ENTRY INTO THE SERVICE. SEE 36 COMP. GEN. 71; 38 COMP. GEN. 405; B 135627, MAY 12, 1959.

ARMY REGULATIONS 37-106, CHAPTER 12, DEALING WITH DISLOCATION ALLOWANCE, PROVIDE IN PARAGRAPH 12-4C (2) AS FOLLOWS:

"A MEMBER ORDERED FROM HIS OLD PERMANENT STATION TO A TRANSFER ACTIVITY FOR DISCHARGE OR SEPARATION WHO ENLISTS OR REENLISTS AT A TRANSFER ACTIVITY WITHOUT A BREAK IN ACTIVE SERVICE AND IS ASSIGNED A NEW PERMANENT STATION IS NOT ENTITLED TO PAYMENT OF THE DISLOCATION ALLOWANCE.'

THE ORDERS OF JULY 12, 1960, RETURNING YOU TO THE UNITED STATES, ONLY PROVIDED FOR YOUR RELEASE FROM ACTIVE DUTY AND CONCURRENT TRAVEL OF YOUR DEPENDENTS. THUS, UNDER CONTROLLING REGULATIONS, NO RIGHT TO A DISLOCATION ALLOWANCE ACCRUED TO YOU INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AT FORT HAMILTON, NEW YORK, AND SUBSEQUENT REENLISTMENT IN THE ARMY. WHILE IT IS UNFORTUNATE THAT BECAUSE OF ADVICE RECEIVED FROM A RECRUITING SERGEANT YOU WERE LED TO BELIEVE THAT YOU WERE ENTITLED TO A DISLOCATION ALLOWANCE, THAT CIRCUMSTANCE MAY NOT BE CONSIDERED TO PROVIDE A BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 10, 1961, WAS CORRECT, AND IS SUSTAINED.