B-148214, MAR 9, 1962

B-148214, MAR 9, 1962

PRECIS-UNAVAILABLE

MR. WILLIAM W. RUZANSKI:

103 PARKWAY

ROME, NEW YORK

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 6, 1962, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED FEBRUARY 2, 1962, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE FOR THE MOVEMENT OF YOUR DEPENDENTS ON AUGUST 1, 1961, FROM 617 FLOYD AVENUE TO 103 PARKWAY, BOTH LOCATED IN THE CITY OF ROME, NEW YORK.

BY SPECIAL ORDERS NO. 52, HEADQUARTERS, U.S. ARMY ADVISOR GROUP (ARNGUS), NEW YORK, DATED JULY 11, 1961, YOU WERE RELEASED FROM ASSIGNMENT WITH THE U.S. ARMY ADVISOR GROUP, ARNGUS, 1339 MADISON AVENUE, NEW YORK 28, NEW YORK (WITH DUTY STATION AT ROME, NEW YORK), AND REASSIGNED TO THE 9TH CAVALRY SQUADRON, 2ND RECONNAISSANCE, AUGSBURG, GERMANY. YOU WERE ORDERED TO PROCEED ON OR ABOUT JULY 19, 1961, AND TO REPORT ON JULY 20, 1961, AT MCGUIRE AIR FORCE BASE, NEW JERSEY, FOR FURTHER MOVEMENT BY AIR TO YOUR OVERSEAS DESTINATION. CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS NOT AUTHORIZED UNDER THESE ORDERS. IT APPEARS THAT SHORTLY AFTER YOU REPORTED ON PERMANENT CHANGE OF STATION TO GERMANY, YOU RETURNED TO THE UNITED STATES ON EMERGENCY LEAVE OF ABSENCE BECAUSE OF THE ILLNESS OF YOUR WIFE. LETTER ORDERS 8 1, HEADQUARTERS, 2ND RECONNAISSANCE, 9TH CAVALRY SQUADRON, DATED AUGUST 1, 1961, WHICH AUTHORIZED YOUR RETURN TO THE UNITED STATES ON EMERGENCY LEAVE, INDICATES THAT YOUR HOME ADDRESS AT THAT TIME WAS 617 FLOYD AVENUE, ROME, NEW YORK. THEREAFTER BY SPECIAL ORDERS NO. 228, DATED NOVEMBER 8, 1961, YOU WERE RELEASED FROM YOUR OVERSEAS ORGANIZATION FOR PROCESSING FOR RETIREMENT. THESE ORDERS INDICATED THAT YOU WERE CURRENTLY LOCATED IN THE CONTINENTAL UNITED STATES, WHERE YOU HAVE INDICATED YOU WERE SEEKING REASSIGNMENT TO A NEW DUTY STATION.

YOUR CLAIM FOR DISLOCATION ALLOWANCE FOR THE MOVEMENT OF YOUR DEPENDENTS ON AUGUST 1, 1961, FROM 617 FLOYD AVENUE TO 103 PARKWAY, ROME, NEW YORK, WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 2, 1962, SINCE IT WAS NOT SHOWN BY A STATEMENT OF THE COMMANDING OFFICER AT YOUR NEW PERMANENT STATION THAT SUCH MOVEMENT WAS NECESSARY AS A DIRECT RESULT OF YOUR ORDERS OF JULY 11, 1961, ASSIGNING YOU TO AN OVERSEAS STATION. IN YOUR CURRENT LETTER YOU STATE THAT AFTER THE MOVEMENT OF YOUR HOUSEHOLD GOODS, A STATEMENT FROM THE COMMANDING OFFICER COULD NOT BE OBTAINED DUE TO YOUR NOT RETURNING OVERSEAS FROM EMERGENCY LEAVE AND THAT YOUR HOUSEHOLD GOODS WERE REMOVED FROM STORAGE AND MOVED TO YOUR PRESENT ADDRESS WHILE ON EMERGENCY LEAVE.

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 SECRETARIES 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. PARAGRAPH 9002 1(2) OF THE JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD INVOLVED, AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND ALSO PROVIDES THAT A STATEMENT OF THE COMMANDING OFFICER OF THE NEW PERMANENT DUTY STATION THAT THE RELOCATION OF THE HOUSEHOLD WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION IS REQUIRED WHEN THE RELOCATION OF THE HOUSEHOLD IS BETWEEN PLACES LOCATED IN PROXIMITY TO EACH OTHER WHETHER OR NOT IN THE SAME CITY. NO SUCH STATEMENT IS OF RECORD WITH YOUR CLAIM, AND UNDER THE CONTROLLING LAW AND REGULATIONS PAYMENT OF DISLOCATION ALLOWANCE IS NOT AUTHORIZED IN THE ABSENCE OF THE REQUIRED STATEMENT BY YOUR COMMANDING OFFICER AT YOUR OVERSEAS STATION THAT THE RELOCATION OF YOUR HOUSEHOLD WAS NECESSARY AS A DIRECT RESULT OF YOUR PERMANENT CHANGE OF STATION ORDERS OF JULY 11, 1961. FURTHERMORE, IT WOULD APPEAR THAT SUCH A STATEMENT COULD NOT PROPERLY BE MADE BY YOUR COMMANDING OFFICER SINCE THE ADMINISTRATIVE REPORT ACCOMPANYING YOUR CLAIM INDICATES THAT THE MOVEMENT OF YOUR DEPENDENTS WAS NOT NECESSARY AS A DIRECT RESULT OF YOUR CHANGE OF STATION FROM ROME, NEW YORK, TO GERMANY, BUT WAS FOR YOUR OWN CONVENIENCE. WHILE WE APPRECIATE THE CIRCUMSTANCES THAT PROMPTED YOUR RETURN ON EMERGENCY LEAVE TO THE UNITED STATES, WE TRUST THAT YOU WILL UNDERSTAND THAT WE MAY NOT IGNORE THE PROVISIONS OF THE STATUTE AND REGULATIONS IN THE SETTLEMENT OF CLAIMS THAT ARE PRESENTED TO US FOR CONSIDERATION.

THEREFORE, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF FEBRUARY 2, 1962, IS SUSTAINED.