B-148773, JUN. 6, 1962

B-148773: Jun 6, 1962

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RA 46 014 856 FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 10. YOU WERE RELIEVED FROM ASSIGNMENT AT HEADQUARTERS. YOU WERE RELIEVED FROM ASSIGNMENT AT THE U.S. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION FOR THE REASONS THAT UNDER APPLICABLE REGULATIONS THE DISLOCATION ALLOWANCE WILL NOT BE PAID IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED FROM A DUTY STATION WITHIN THE UNITED STATES TO A HOSPITAL FOR OBSERVATION AND TREATMENT. YOUR DEPENDENTS DID NOT RELOCATE THEIR HOUSEHOLD WHEN YOU WERE TRANSFERRED FROM THE U.S. ARE PRESENT IN YOUR CASE. IT IS QUITE OBVIOUS THAT PAYMENT WOULD HAVE BEEN MADE IF YOUR DEPENDENTS HAD RELOCATED THEIR HOUSEHOLD FROM SOUTH BEND AT THE TIME OF YOUR SECOND PERMANENT CHANGE OF STATION.

B-148773, JUN. 6, 1962

SERGEANT MAJOR JACK J. SEELEY, RA 46 014 856

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 10, 1962, REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 5, 1962, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO YOUR DEPENDENTS' MOVE FROM SOUTH BEND, INDIANA, TO HOMEWOOD, ILLINOIS, ON MAY 26, 1958.

BY HOSPITAL TRANSFER ORDER NO. 90 DATED MAY 19, 1958, YOU WERE RELIEVED FROM ASSIGNMENT AT HEADQUARTERS, VI U.S. ARMY CORPS, SOUTH BEND, INDIANA, AND REASSIGNED TO THE MEDICAL HOLDING DETACHMENT, U.S. NAVAL HOSPITAL, GREAT LAKES, ILLINOIS. BY SPECIAL ORDERS NO. 214 DATED NOVEMBER 19, 1958, YOU WERE RELIEVED FROM ASSIGNMENT AT THE U.S. NAVAL HOSPITAL AND REASSIGNED TO HEADQUARTERS, FIFTH U.S. ARMY, CHICAGO, ILLINOIS. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION FOR THE REASONS THAT UNDER APPLICABLE REGULATIONS THE DISLOCATION ALLOWANCE WILL NOT BE PAID IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED FROM A DUTY STATION WITHIN THE UNITED STATES TO A HOSPITAL FOR OBSERVATION AND TREATMENT, AND YOUR DEPENDENTS DID NOT RELOCATE THEIR HOUSEHOLD WHEN YOU WERE TRANSFERRED FROM THE U.S. NAVAL HOSPITAL TO HEADQUARTERS, FIFTH U.S. ARMY IN CHICAGO. YOU SAY THAT PAYMENT OF THE DISLOCATION ALLOWANCE SHOULD BE MADE SINCE THE ESSENTIAL ELEMENTS FOR PAYMENT, YOUR PERMANENT CHANGE OF STATION AND THE MOVE OF DEPENDENTS FROM ONE PERMANENT DUTY STATION TO ANOTHER, ARE PRESENT IN YOUR CASE, AND IT IS QUITE OBVIOUS THAT PAYMENT WOULD HAVE BEEN MADE IF YOUR DEPENDENTS HAD RELOCATED THEIR HOUSEHOLD FROM SOUTH BEND AT THE TIME OF YOUR SECOND PERMANENT CHANGE OF STATION.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), AS AMENDED BY SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS PROVIDED BY THE SECRETARY CONCERNED, TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS 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 THE JOINT TRAVEL REGULATIONS PROVIDED, AT THE TIME INVOLVED, FOR THE PAYMENT OF A DISLOCATION ALLOWANCE WHENEVER DEPENDENTS RELOCATED THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH 9003-11 OF THE REGULATIONS, HOWEVER, BARRED PAYMENT OF THE ALLOWANCE INCIDENT TO A TRANSFER FROM A DUTY STATION WITHIN THE UNITED STATES TO A HOSPITAL FOR OBSERVATION AND TREATMENT.

YOUR DEPENDENTS MOVED FROM SOUTH BEND, INDIANA, TO HOMEWOOD, ILLINOIS, AT THE TIME YOU WERE TRANSFERRED TO THE U.S. NAVAL HOSPITAL, AND UNDER PARAGRAPH 9003-11 OF THE REGULATIONS A DISLOCATION ALLOWANCE WAS NOT AUTHORIZED TO BE PAID IN CONNECTION WITH SUCH A TRANSFER. WHEN YOU WERE REASSIGNED FROM THE U.S. NAVAL HOSPITAL TO DUTY IN CHICAGO, ILLINOIS, YOUR DEPENDENTS WERE STILL LIVING IN HOMEWOOD AND CONTINUED TO LIVE THERE AFTER YOUR REASSIGNMENT. SINCE YOU DID NOT RELOCATE YOUR HOUSEHOLD AT THE TIME OF YOUR CHANGE OF STATION TO CHICAGO, THERE IS NO AUTHORITY UNDER THE STATUTE AND REGULATIONS FOR PAYMENT OF YOUR CLAIM FOR A DISLOCATION ALLOWANCE.

WHILE THE ALLOWANCE MIGHT HAVE BEEN PAYABLE IF YOUR DEPENDENTS HAD NOT MOVED FROM SOUTH BEND TO HOMEWOOD UNTIL AFTER YOUR TRANSFER TO CHICAGO, IT DOES NOT FOLLOW, AS YOU CONTEND, THAT THE ALLOWANCE WAS PAYABLE AFTER YOUR ASSIGNMENT TO DUTY IN CHICAGO SINCE THERE WAS NO RELOCATION OF YOUR DEPENDENTS INCIDENT TO THAT ASSIGNMENT. THEREFORE, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.