B-148029, MAR. 12, 1962

B-148029: Mar 12, 1962

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THIS REQUEST WAS APPROVED FOR SUBMISSION BY THE PER DIEM. WAS DISCHARGED FROM HIS ASSIGNMENT AT GUNTER AIR FORCE BASE. THESE ORDERS WERE AMENDED BY ORDERS DATED APRIL 13. ALL OTHER ALLOWANCES INCIDENT TO THIS TRAVEL ARE STATED TO HAVE BEEN PAID BY YOU ON AUGUST 4. YOU REFER TO THE PROVISIONS OF PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS AND YOUR QUESTION IS WHETHER THOSE PROVISIONS PRECLUDE THE PAYMENT OF DISLOCATION ALLOWANCE IN THIS CASE. 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. 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.

B-148029, MAR. 12, 1962

TO CAPTAIN L. R. WATSON, USAF, ACCOUNTING AND FINANCE OFFICER, DEPARTMENT OF THE AIR FORCE:

THERE HAS BEEN RECEIVED BY FIRST INDORSEMENT DATED JANUARY 23, 1962, YOUR LETTER OF AUGUST 29, 1961, REQUESTING ADVANCE DECISION CONCERNING THE PROPRIETY OF PAYMENT ON A VOUCHER STATED IN FAVOR OF FIRST LIEUTENANT JAMES V. GORDON, USAF (MSC), AO 3112836. THIS REQUEST WAS APPROVED FOR SUBMISSION BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND HAD BEEN ASSIGNED PDTATAC CONTROL NO. 62-1. THE VOUCHER CONTEMPLATES THE PAYMENT OF DISLOCATION ALLOWANCE IN THE SUM OF $94.20 INCIDENT TO HIS ASSIGNMENT TO BROOKS AIR FORCE BASE, TEXAS, PURSUANT TO ORDERS OF APRIL 5, 1961, AS AMENDED BY ORDERS OF APRIL 13 AND JUNE 5, 1961.

BY ORDERS DATED APRIL 5, 1961, HEADQUARTERS, AIR RESERVE RECORDS CENTER (CONAC), UNITED STATES AIR FORCE, DENVER, COLORADO, LIEUTENANT GORDON, THEN SERVING AS AN ENLISTED MAN, WAS DISCHARGED FROM HIS ASSIGNMENT AT GUNTER AIR FORCE BASE, ALABAMA, EFFECTIVE APRIL 22, 1961, AND ORDERED TO EXTENDED ACTIVE DUTY EFFECTIVE APRIL 23, 1961, IN THE GRADE OF FIRST LIEUTENANT AT LACKLAND AIR FORCE BASE, TEXAS, WITH APPROXIMATELY 13 WEEKS OF TEMPORARY DUTY EN ROUTE AT HEADQUARTERS, MEDICAL SERVICE SCHOOL, UNITED STATES AIR FORCE, GUNTER AIR FORCE BASE, ALABAMA. THESE ORDERS WERE AMENDED BY ORDERS DATED APRIL 13, 1961, TO EXTEND HIS TOUR OF ACTIVE DUTY TO 36 MONTHS, AND BY ORDERS OF JUNE 5, 1961, TO DIRECT HIM TO REPORT TO THE SCHOOL OF AEROSPACE MEDICINE, USAF AEROSPACE MEDICAL CENTER, BROOKS AIR FORCE BASE, TEXAS. LIEUTENANT GORDON AND HIS DEPENDENTS DEPARTED GUNTER AIR FORCE BASE, ALABAMA, ON JULY 22, 1961, AND ARRIVED AT SAN ANTONIO, TEXAS, ON JULY 23, 1961. ALL OTHER ALLOWANCES INCIDENT TO THIS TRAVEL ARE STATED TO HAVE BEEN PAID BY YOU ON AUGUST 4, 1961. YOU REFER TO THE PROVISIONS OF PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS AND YOUR QUESTION IS WHETHER THOSE PROVISIONS PRECLUDE THE PAYMENT OF DISLOCATION ALLOWANCE IN THIS CASE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED BY SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, 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 STATION TO HOME. PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT STATUTE, PROVIDES THAT EXCEPT AS PROVIDED IN PARAGRAPH 9003, A DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH 9003-3 OF THE SAME 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.

RESPECTING THE TRANSPORTATION OF THE MEMBER'S DEPENDENTS INCIDENT TO THE ORDERED PERMANENT CHANGE OF STATION, PARAGRAPH 7011-4, 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 THAT CONNECTION. THE REGULATION FURTHER PROVIDES, HOWEVER, THAT SUCH PROHIBITION IS NOT TO BE CONSIDERED AS DENYING THE TRANSPORTATION OF DEPENDENTS WHEN A MEMBER IS TRANSFERRED ON A PERMANENT CHANGE OF STATION IN CONJUNCTION WITH REENTRY INTO OR CONTINUANCE IN THE SERVICE. IN DECISION OF NOVEMBER 2, 1960, 40 COMP. GEN. 251, IT WAS HELD THAT IN VIEW OF THOSE PROVISIONS AN ENLISTED MEMBER DETACHED FROM AN OVERSEAS STATION AND DIRECTED TO REPORT TO A POINT IN THE UNITED STATES FOR OFFICER CANDIDATE TRAINING AND UPON COMPLETION OF SUCH TEMPORARY DUTY AND ACCEPTANCE OF A COMMISSION TO REPORT TO A DESIGNATED PERMANENT DUTY STATION COULD BE CONSIDERED AS BEING TRANSFERRED ON A PERMANENT CHANGE OF STATION BASIS FROM THE OVERSEAS STATION TO THE NEW DUTY STATION IN CONJUNCTION WITH HIS CONTINUATION IN THE SERVICE, AND CONSEQUENTLY THAT THE TRAVEL PERFORMED BY THE MEMBER FROM THE TEMPORARY STATION TO HIS NEW PERMANENT STATION FOLLOWING ACCEPTANCE OF THE COMMISSION WAS NOT CONSIDERED AS TRAVEL FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT WITHIN THE CONTEMPLATION OF THE RESTRICTION IN PARAGRAPH 9003-3 OF THE REGULATIONS DENYING DISLOCATION ALLOWANCE IN THOSE CIRCUMSTANCES.

IN THIS CASE, THE MEMBER WAS IN THE SERVICE IN AN ENLISTED STATUS WHEN ORDERED TO EXTENDED ACTIVE DUTY AS AN OFFICER, AND WHILE THE ORDERS OF APRIL 5, 1961, PROVIDED FOR HIS DISCHARGE FROM THE SERVICE, SUCH DISCHARGE WAS AUTHORIZED FOR THE PURPOSE OF PERMITTING HIM TO CONTINUE IN THE SERVICE IN A COMMISSIONED OFFICER STATUS. THUS, THE NET EFFECT OF THE ORDERS OF APRIL 5, 1961, AS AMENDED, WAS TO DETACH HIM FROM HIS PERMANENT DUTY STATION AND TO ASSIGN HIM TO A NEW PERMANENT STATION. COMPARE B- 117368, JANUARY 12, 1954. IN THESE CIRCUMSTANCES, AND SINCE THE REGULATIONS CONTEMPLATE THE PAYMENT OF DISLOCATION ALLOWANCE INCIDENT TO A CHANGE OF STATION ORDERED IN CONJUNCTION WITH A SEPARATION FOR THE PURPOSE OF REENTRY INTO THE SERVICE AT THE SAME STATION WITHOUT BREAK IN SERVICE AND THE MEMBER WAS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS INCIDENT TO HIS TRANSFER TO SAN ANTONIO, TEXAS, HIS CASE COMES WITHIN THE PROVISIONS OF THE STATUTE AND REGULATIONS AUTHORIZING THE ALLOWANCE. COMPARE B 130003, JANUARY 14, 1957.

IT WILL BE NOTED THAT THE FACTS IN THIS CASE ARE DISTINGUISHABLE FROM THOSE CONSIDERED IN THE DECISION TO THE SECRETARY OF THE NAVY IN 39 COMP. GEN. 76, WHICH INVOLVED THE PROPRIETY OF PAYMENT OF DISLOCATION ALLOWANCE TO MEMBERS WHO WERE COMMISSIONED AS OFFICERS FOLLOWING AVIATION CADET STATUS. UNDER THE PROVISIONS OF 10 U.S.C. 6911, AVIATION CADETS HOLD A SPECIAL ENLISTED GRADE WHICH, WHETHER ACQUIRED BY ENLISTMENT FROM CIVIL LIFE OR BY TRANSFER, BEGINS AND ENDS WITH THE PERIOD OF AVIATION CADET TRAINING. THEREFORE, WE CONCLUDED THAT GRADUATE AVIATION CADETS WHO ARE ORDERED TO DUTY AS NEWLY COMMISSIONED OFFICERS OCCUPIED THE SAME STATUS AS NEWLY APPOINTED OFFICERS AND ARE ENTITLED TO TRANSPORTATION FOR THEIR DEPENDENTS FROM HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY, TO DUTY STATION.

ACCORDINGLY, SINCE THE TRAVEL PERFORMED BY LIEUTENANT GORDON FROM HIS OLD DUTY STATION, GUNTER AIR FORCE BASE, ALABAMA, TO HIS NEW PERMANENT DUTY STATION, SAN ANTONIO, TEXAS, FOLLOWING HIS CALL TO ACTIVE DUTY 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, HE MAY BE PAID A DISLOCATION ALLOWANCE IN THE PROPER AMOUNT. THE SUBMITTED VOUCHER IS RETURNED ..END :