B-149637, SEPTEMBER 18, 1962, 42 COMP. GEN. 167

B-149637: Sep 18, 1962

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TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - SHIP BASED MOBILE UNIT NAVY MEMBERS WHO ARE ASSIGNED TO SHIP BASED FLEET ACTIVITY MOBILE UNITS WHEN THEY RECEIVE NOTICE THAT THE HOME PORT OF THE VESSEL IS CHANGED BUT WHO DO NOT MOVE THEIR DEPENDENTS TO THE NEW STATION UNTIL SOMETIME AFTER EFFECTIVE DATE IN THE NOTICE BECAUSE THEIR UNIT IS DEPLOYED OVERSEAS AT THE TIME. MUST HAVE THE STATUTORY DESIGNATION OF THE HOME PORT OF THE VESSEL AS THE MEMBERS' PERMANENT STATION IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. APPLIED SO THAT THE EFFECTIVE DATE IN THE ORDERS DIRECTING THE CHANGE OF THE HOME BASE OF THE VESSEL IS THE DATE FOR DETERMINING THE MEMBERS' DEPENDENTS WHO ARE ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE RATHER THAN THE CONSTRUCTIVE DATE ON WHICH THE UNIT ACTUALLY MOVED TO THE NEW BASE.

B-149637, SEPTEMBER 18, 1962, 42 COMP. GEN. 167

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - SHIP BASED MOBILE UNIT NAVY MEMBERS WHO ARE ASSIGNED TO SHIP BASED FLEET ACTIVITY MOBILE UNITS WHEN THEY RECEIVE NOTICE THAT THE HOME PORT OF THE VESSEL IS CHANGED BUT WHO DO NOT MOVE THEIR DEPENDENTS TO THE NEW STATION UNTIL SOMETIME AFTER EFFECTIVE DATE IN THE NOTICE BECAUSE THEIR UNIT IS DEPLOYED OVERSEAS AT THE TIME, NEVERTHELESS, MUST HAVE THE STATUTORY DESIGNATION OF THE HOME PORT OF THE VESSEL AS THE MEMBERS' PERMANENT STATION IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), APPLIED SO THAT THE EFFECTIVE DATE IN THE ORDERS DIRECTING THE CHANGE OF THE HOME BASE OF THE VESSEL IS THE DATE FOR DETERMINING THE MEMBERS' DEPENDENTS WHO ARE ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE RATHER THAN THE CONSTRUCTIVE DATE ON WHICH THE UNIT ACTUALLY MOVED TO THE NEW BASE.

TO M. M. ANGULO, DEPARTMENT OF THE NAVY, SEPTEMBER 18, 1962:

BY THIRD ENDORSEMENT DATED AUGUST 3, 1962, PDTATAC CONTROL NO. 62 14, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF MAY 18, 1962, 7220/05.7, MMA:JN, SER C-710, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO SUPPLEMENTAL DEPENDENT'S TRAVEL CLAIM AND DISLOCATION ALLOWANCE FOR LIEUTENANT (JG) JAMES S. BROOKS, 640949, USN, SUPPLEMENTAL DEPENDENT'S TRAVEL CLAIM OF BERNARD G. MOORE, 828 44 14, ADJCA, USN, AND DEPENDENT'S TRAVEL CLAIM AND DISLOCATION ALLOWANCE FOR VINCENT R. CIPOLLA, 7170402, AEC, USN.

YOU SAY THAT THESE CLAIMS ARE REPRESENTATIVE OF MANY SUPPLEMENTAL CLAIMS ARISING FROM BASE CHANGES AT THE U.S. NAVAL AIR STATION; MIRAMAR 45, CALIFORNIA. IT APPEARS THAT THE MEMBERS HERE INVOLVED ARE PERMANENTLY STATIONED WITH A MOBILE UNIT, FIGHTER SQUADRON 162; THAT BY CHIEF OF NAVAL OPERATIONS MESSAGE 172004Z OF AUGUST 1961, THE SQUADRON'S HOME BASE WAS CHANGED FROM THE U.S. NAVAL AIR STATION, CECIL FIELD, FLORIDA, TO U.S. NAVAL AIR STATION, MIRAMAR 45, CALIFORNIA EFFECTIVE SEPTEMBER 1, 1961. THAT TIME THE SQUADRON WAS DEPLOYED OVERSEAS AND DID NOT RETURN TO THE CONTINENTAL LIMITS OF THE UNITED STATES UNTIL MARCH 1962. UPON ARRIVING AT CECIL FIELD THE MEMBERS OF THE SQUADRON PROCEEDED UNDER INDIVIDUAL ORDERS TO MIRAMAR WHERE THE COMMAND REPORTED ON BOARD ON APRIL 9, 1962. THE PERTINENT FACTS AS TO THE THREE CASES SUBMITTED ARE STATED TO BE AS FOLLOWS:

A. LTJG JAMES S. BROOKS PERFORMED THE MOVE TO THIS STATION WITH HIS FAMILY BETWEEN THE DATES OF 9-27 APRIL 1962. HIS DAUGHTER BECKY SUE BECAME FIVE YEARS OF AGE ON THE 14TH OF APRIL 1962; PRIOR TO WHICH TIME THE OFFICER HAD ATTAINED THE RANK OF LTJG.

B. ADJCA BERNARD G. MOORE MOVED HIS FAMILY BETWEEN THE DATES OF 30 MARCH AND 25 APRIL 1962. HIS SON RANDY C. BECAME FIVE YEARS OF AGE ON 18 JANUARY 1962.

C. AEC VINCENT R. CIPOLLA WAS NOT A MEMBER OF VF-162 UNTIL 18 MARCH 1962, HAVING REPORTED FOR DUTY WITH THE SQUADRON UPON ITS RETURN TO CECIL FIELD. SUBSEQUENTLY HE WAS ORDERED TO PERFORM THE MOVE TO THIS STATION BETWEEN THE DATES OF 2-22 APRIL 1962. HE DID SO WITH A WIFE, HAVING BEEN MARRIED ON 29 MARCH 1962.

YOU POINT OUT THAT PARAGRAPH 7005-2, NAVY TRAVEL INSTRUCTIONS, PROVIDES THAT THE EFFECTIVE DATE OF ORDERS FOR A CHANGE IN HOME YARD OR HOME PORT OF A VESSEL OR OTHER MOBILE UNIT IS THE DATE SPECIFIED IN THE ORDERS ISSUED BY THE CHIEF OF NAVAL OPERATIONS UPON WHICH SUCH CHANGE IS TO BECOME EFFECTIVE. PARAGRAPH 7201-3B, NAVY TRAVEL INSTRUCTIONS, PRESCRIBES THE FORMAT OF THE CERTIFICATE TO BE ISSUED TO MEMBERS TO ENABLE THEM TO BE REIMBURSED FOR THE TRAVEL OF THEIR DEPENDENTS. IT SPECIFIES THAT THE COMMANDING OFFICER WILL CERTIFY THAT THE MEMBER CONCERNED WAS ATTACHED TO AND SERVING ON BOARD (WITH) THE UNIT IN A CERTAIN RANK OR RATING ON THE EFFECTIVE DATE OF THE CHANGE OF THE PERMANENT STATION. ENTITLEMENT TO THE ALLOWANCES FOR DEPENDENTS' TRAVEL, DISLOCATION, AND TRAILER ALLOWANCES IN CHAPTERS 7, 9 AND 10 OF THE JOINT TRAVEL REGULATIONS ALL ARE FOR DETERMINATION ON THE BASIS OF THE EFFECTIVE DATE OF A MEMBER'S ORDERS. YOU SAY THAT THESE SUPPLEMENTAL CLAIMS CONCERN DEPENDENTS' TRAVEL ALLOWANCES WHICH ARE NOT FOUND DUE ON SEPTEMBER 1, 1961, BUT COULD BE FOUND DUE IF THE EFFECTIVE DATE OF THE HOME BASE CHANGE IS CONSTRUCTED AS THE DATE THE MEMBER EXECUTED THE HOME BASE CHANGE, OR THE DATE THE COMMAND OF VF 162 WAS OFFICIALLY ON BOARD THE NEW STATION. YOUR DOUBT AS TO WHETHER THE STATED EFFECTIVE DATE OF THE CHANGE OF PERMANENT STATION SHOULD APPLY IN THESE CASES OR WHETHER THE PERMANENT CHANGE OF STATION DID NOT OCCUR UNTIL THE UNIT ACTUALLY MOVED ARISES FROM OUR DECISIONS B 144372 OF JANUARY 10, 1961, AND B-144933 OF FEBRUARY 16, 1961. WAS REQUIRED TO REPORT DID NOT TAKE PLACE UNTIL AFTER HE WAS REQUIRED TO AND DID REPORT AT YORKTOWN UNDER HIS INDIVIDUAL ORDERS.

WITH REGARD TO THAT CONCLUSION, SECTION 303 (C) OF THE CAREER COMPENSATION ACT, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT THE SECRETARY CONCERNED SHALL DEFINE THE TERM "PERMANENT STATION" WHICH DEFINITION SHALL INCLUDE BUT NOT BE LIMITED TO (1) A SHORE STATION OR (2) THE HOME YARD OR HOME PORT OF THE "VESSEL" TO WHICH A MEMBER OF THE UNIFORMED SERVICES MAY BE ORDERED AND THAT A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF "SUCH VESSEL" SHALL BE DEEMED A PERMANENT STATION. SINCE THE MEMBER CONCERNED WAS NOT ORDERED TO A VESSEL AND THE UNIT TO WHICH HE WAS ASSIGNED APPEARED TO BE ESSENTIALLY A SHORE BASED ACTIVITY WHOSE STATION WAS THE MEMBER'S ACTUAL POST OF DUTY, WE DID NOT VIEW ITS ADMINISTRATIVE CLASSIFICATION AS A MOBILE UNIT OR THE DESIGNATION OF ITS STATION AS A "HOME PORT" AS NECESSARILY REQUIRING THE CONCLUSION THAT IT WAS SUBJECT EITHER TO THE STATUTORY DECLARATION THAT THE HOME YARD OR HOME PORT OF A VESSEL IS A PERMANENT STATION, OR TO THE PROVISIONS OF PARAGRAPH 7066 OF THE JOINT TRAVEL REGULATIONS THAT A MOBILE UNIT WITH AN ASSIGNED HOME YARD OR HOME PORT WITH REGARD TO ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE.

THE DECISION OF FEBRUARY 16, 1961, DID NOT INVOLVE THE TRANSPORTATION OF DEPENDENTS BUT WAS CONCERNED WITH THE PAYMENT OF PER DIEM TO AN OFFICER WHOSE NAVY MOBILE UNIT WAS PHYSICALLY RELOCATED AFTER THE PAPER TRANSFER OF HIS PERMANENT DUTY STATION HAD OCCURRED AND WHO PERFORMED TEMPORARY DUTY AT THE OLD PERMANENT STATION BEFORE THE RELOCATION. SINCE THE MEMBER WAS AT HIS ACTUAL DUTY STATION AND DID NOT INCUR ADDITIONAL EXPENSE FOR DUTY AWAY FROM HIS DUTY STATION FOR WHICH PER DIEM IS AUTHORIZED, THERE WAS NO LEGAL BASIS FOR GIVING EFFECT TO THE PAPER TRANSFER SO AS TO AUTHORIZE PAYMENT OF PER DIEM FOR TEMPORARY DUTY.

THOSE CASES, HOWEVER, ARE DISTINGUISHABLE FROM DEPENDENT TRAVEL CASES ARISING FROM THE CHANGE OF HOME YARD OR HOME PORT OF A VESSEL OR OF ESSENTIALLY SHIP-BASED FLEET ACTIVITY MOBILE UNITS WHICH FIGHTER SQUADRON 162 APPEARS TO BE. COMPARE DECISION OF JULY 30, 1962, 42 COMP. GEN. 65, B- 149082. IN SUCH CASES THERE IS NO REASONABLE BASIS FOR A VIEW THAT THE STATUTORY DESIGNATION OF THE HOME YARD OR HOME PORT AS A PERMANENT STATION DOES NOT APPLY AND UNDER THE LAW AND REGULATIONS THE DEPENDENTS ARE AUTHORIZED TO TRAVEL TO THE NEW STATION AS SOON AS THE CHANGE BECOMES EFFECTIVE. IT LONG HAS BEEN HELD THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS ACCRUES AND BECOMES FIXED ON THE EFFECTIVE DATE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION AND IS NOT AFFECTED BY DELAY IN PERFORMING THE TRAVEL. SEE 31 COMP. GEN. 433. THUS, AS TO LIEUTENANT (JG) BROOKS, THE RECORD SHOWS THAT HE WAS FURNISHED A CERTIFICATE IN LIEU OF ORDERS STATING THAT SEPTEMBER 1, 1961, WAS THE EFFECTIVE DATE OF THE CHANGE OF PERMANENT DUTY STATION FROM U.S. NAVAL AIR STATION, CECIL FIELD, FLORIDA, TO U.S. NAVAL AIR STATION, MIRAMAR, CALIFORNIA, AND HIS INDIVIDUAL TRAVEL ORDERS DATED APRIL 2, 1962, SPECIFICALLY PROVIDE THAT: "MOVEMENT OF DEPENDENTS, HOUSEHOLD GOODS AND DISLOCATION ALLOWANCE PAYMENT WILL BE ACCOMPLISHED ON COPY OF CERTIFICATE AND NOT ON THESE ORDERS.' SEPTEMBER 1, 1961, HIS DAUGHTER, BECKY SUE, WAS LESS THAN 5 YEARS OF AGE AND NO TRAVEL ALLOWANCES ARE AUTHORIZED ON HER ACCOUNT. A LIKE SITUATION EXISTS AS TO ADJCA MOORE, WHOSE SON DID NOT BECOME 5 YEARS OF AGE UNTIL JANUARY 18, 1962. AS TO AEF CIPOLLA, WHEN HE WAS ASSIGNED TO VF-162, PRIOR TO MARCH 18, 1962, THE HOME PORT WAS MIRAMAR. SINCE AT THAT TIME HE DID NOT HAVE A WIFE, HE DID NOT ACQUIRE ENTITLEMENT TO TRAVEL ALLOWANCES AND DISLOCATION ALLOWANCE BY REASON OF HIS SUBSEQUENT MARRIAGE.

ACCORDINGLY, PAYMENT IS NOT AUTHORIZED ON THE SUBMITTED VOUCHERS AND THEY WILL BE RETAINED HERE.