B-148668, AUG. 27, 1962
Highlights
DISBURSING OFFICER: THERE WAS RECEIVED BY SECOND INDORSEMENT DATED JUNE 27. REQUESTING DECISION AS TO WHETHER DISLOCATION ALLOWANCE IS PAYABLE TO J. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 62-12 BY THE PER DIEM. THE MEMBER WAS RELEASED FROM ASSIGNMENT AT WILKES-BARRE. TEN DAYS' DELAY CHARGEABLE TO LEAVE WAS GRANTED BY THE ORDERS. PARAGRAPH 3003-1B1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE EFFECTIVE DATE OF ORDERS IS THE DATE OF RELIEF FROM THE OLD STATION EXCEPT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS. IN WHICH EVENT THE AMOUNT OF SUCH LEAVE OR DELAY IS ADDED TO THE DATE OF RELIEF TO DETERMINE THE EFFECTIVE DATE. WHILE DATE OF PITTS' DETACHMENT OR RELIEF FROM HIS OLD STATION IS NOT SHOWN AND.
B-148668, AUG. 27, 1962
TO LIEUTENANT D. HINZ, SC, USN, DISBURSING OFFICER:
THERE WAS RECEIVED BY SECOND INDORSEMENT DATED JUNE 27, 1962, YOUR LETTER OF APRIL 4, 1962, WITH ENCLOSURES, REQUESTING DECISION AS TO WHETHER DISLOCATION ALLOWANCE IS PAYABLE TO J. R. PITTS, RA 25 432 847, PFC E-3, U.S. ARMY, UNDER THE CIRCUMSTANCES PRESENTED. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 62-12 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.
BY PARAGRAPH 2, SPECIAL ORDERS NO. 141, DATED JULY 11, 1961, THE MEMBER WAS RELEASED FROM ASSIGNMENT AT WILKES-BARRE, PENNSYLVANIA, AND DIRECTED TO PROCEED TO TRAVIS AIR FORCE BASE, FAIRFIELD, CALIFORNIA, NOT LATER THAN AUGUST 24, 1961, FOR MOVEMENT TO AN OVERSEAS DESTINATION ON A PERMANENT CHANGE OF STATION. TEN DAYS' DELAY CHARGEABLE TO LEAVE WAS GRANTED BY THE ORDERS, THE LEAVE ADDRESS BEING SHOWN AS FORT SMITH, ARKANSAS. PARAGRAPH 3003-1B1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE EFFECTIVE DATE OF ORDERS IS THE DATE OF RELIEF FROM THE OLD STATION EXCEPT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS, IN WHICH EVENT THE AMOUNT OF SUCH LEAVE OR DELAY IS ADDED TO THE DATE OF RELIEF TO DETERMINE THE EFFECTIVE DATE. WHILE DATE OF PITTS' DETACHMENT OR RELIEF FROM HIS OLD STATION IS NOT SHOWN AND, THEREFORE, THE EFFECTIVE DATE OF THE ORDERS IS NOT APPARENT, IT IS REPORTED THAT ON THE EFFECTIVE DATE OF THE ORDERS OF JULY 11, 1961, HE WAS IN PAY GRADE E-4 WITH OVER FOUR YEARS' SERVICE AND THAT HE WAS REDUCED FROM E-4 TO E-3 EFFECTIVE JANUARY 3, 1962. PREVIOUSLY, BY TRAVEL AUTHORIZATION NO. 589, DATED NOVEMBER 20, 1961, THE MEMBER'S WIFE WAS AUTHORIZED UPON CALL OF THE ARMY TERMINAL COMMANDER TO PROCEED FROM WILKES-BARRE, PENNSYLVANIA, TO THE PLACE DESIGNATED IN PORT CALL FOR TRANSPORTATION TO ZAMA, JAPAN. AFTER THE MEMBER'S PAY GRADE WAS REDUCED HIS WIFE TRAVELED FROM WILKES-BARRE, PENNSYLVANIA, TO FORT SMITH, ARKANSAS, DURING THE PERIOD JANUARY 6 TO 19, 1962. THE RECORD INDICATES THAT THIS TRAVEL TO A DESIGNATED PLACE WAS COMPLETED AND SHIPMENT OF HOUSEHOLD GOODS COMMENCED BEFORE THE AUTHORIZATION TO TRAVEL TO THE OVERSEAS STATION WAS CANCELLED.
SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES IN PART 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 SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD EFFECTS. IT FURTHER PROVIDES THAT UNDER SUCH REGULATIONS AS MAY BE APPROVED BY THE SECRETARY CONCERNED, A MEMBER OF A UNIFORMED SERVICE WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO A DISLOCATION ALLOWANCE. THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THE AUTHORITY THERE GRANTED PROVIDE IN PARAGRAPH 7000-1 THAT TRANSPORTATION OF DEPENDENTS ON PERMANENT CHANGE OF STATION IS NOT AUTHORIZED FOR ENLISTED MEMBERS IN PAY GRADES E-4 WITH FOUR YEARS' SERVICE OR LESS, E-3, E-2, AND E-1, AND SHIPMENT OF HOUSEHOLD EFFECTS IS AUTHORIZED FOR ENLISTED MEMBERS IN PAY GRADE E-4 WITH OVER FOUR YEARS' SERVICE OR HIGHER (PARAGRAPH 8002 IN EFFECT AT THE TIME HERE INVOLVED). PARAGRAPH 9000 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE PURPOSE OF THE DISLOCATION ALLOWANCE IS TO PARTIALLY REIMBURSE A MEMBER WITH DEPENDENTS FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A PERMANENT CHANGE OF STATION. PARAGRAPH 9003-2 OF THE REGULATIONS PROVIDES THAT THE DISLOCATION ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED BY DEPENDENTS OF ENLISTED MEMBERS IN PAY GRADES E-4 WITH FOUR YEARS' SERVICE OR LESS, E-3, E-2 OR E-1.
IT HAS LONG BEEN HELD THAT THE RIGHT TO TRAVEL OF DEPENDENTS ACCRUES ON THE EFFECTIVE DATE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION. COMP. GEN. 433. A SIMILAR RULE HAS BEEN APPLIED TO SHIPMENT OF HOUSEHOLD EFFECTS. A RIGHT TO DISLOCATION ALLOWANCE IS PREDICATED UPON AN ACTUAL MOVEMENT OF THE MEMBER'S ELIGIBLE DEPENDENTS FOR THE PURPOSE OF RELOCATING HIS HOUSEHOLD INCIDENT TO THE PERMANENT CHANGE OF STATION, AND GENERALLY THERE IS NO LIMITATION AS TO THE PERIOD WITHIN WHICH THE DEPENDENTS MUST TRAVEL AFTER THE EFFECTIVE DATE OF HIS CHANGE OF STATION ORDERS. SUCH CONTINUING RIGHT, HOWEVER, NECESSARILY IS CONTINGENT UPON A CONTINUING ELIGIBILITY OF THE DEPENDENTS TO MOVE ON PERMANENT CHANGE OF STATION AND CONSEQUENTLY MUST BE CONSIDERED AS TERMINATED IF SUCH ELIGIBILITY FAILS FOR ANY REASON BEFORE THE ACTUAL PERFORMANCE OF THE TRAVEL.
IN THIS REGARD IT MAY BE NOTED THAT PARAGRAPH 7009-4 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER IN PAY GRADE E-4 (WITH OVER 4 YEARS' SERVICE) OR A HIGHER GRADE ON DUTY AT A STATION OUTSIDE THE UNITED STATES WHO IS REDUCED TO A GRADE FOR WHICH TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED SUBSEQUENT TO COMMENCEMENT OF TRAVEL OF HIS DEPENDENTS TO HIS DUTY STATION OUTSIDE THE UNITED STATES, WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON RETURN TO THE UNITED STATES IN ACCORDANCE WITH PERMANENT CHANGE OF STATION ORDERS TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS THOUGH HE HAD NOT BEEN REDUCED, AND THAT ORDERS RELIEVING A MEMBER FROM DUTY OUTSIDE THE UNITED STATES WILL SPECIFICALLY AUTHORIZE TRANSPORTATION OF DEPENDENTS IN ACCORDANCE WITH THIS SUBPARAGRAPH. SUCH PROVISIONS APPEAR TO BE THE ONLY AUTHORITY FOR TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE AFTER REDUCTION OF THE MEMBER TO AN INELIGIBLE GRADE AND THEY REQUIRE COMMENCEMENT OF TRAVEL TO THE FOREIGN DUTY STATION PRIOR TO THE REDUCTION IN GRADE.
SINCE PRIVATE FIRST CLASS PITTS WAS REDUCED TO PAY GRADE E-3 BEFORE HIS WIFE COMMENCED THE TRAVEL FROM WILKES-BARRE TO FORT SMITH, HE DID NOT HAVE A DEPENDENT ENTITLING HIM TO THE ALLOWANCES AUTHORIZED INCIDENT TO PERMANENT CHANGE OF STATION TRAVEL WHEN THE TRAVEL WAS PERFORMED. ACCORDINGLY, HE IS NOT ENTITLED TO PAYMENT OF THE DISLOCATION ALLOWANCE. THE VOUCHER AND SUPPORTING PAPERS WILL BE RETAINED HERE.