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B-149679, SEP. 13, 1962

B-149679 Sep 13, 1962
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INF.: REFERENCE IS MADE TO YOUR LETTER OF JULY 25. YOU WERE RELIEVED FROM DUTY WITH THE SPECIAL ACTIVITIES DIVISION. FORTY FIVE DAYS' DELAY AT HOME OR LEAVE ADDRESS WITHIN THE CONTINENTAL UNITED STATES WAS AUTHORIZED. WERE ASSIGNED GOVERNMENT QUARTERS AT THAT PLACE BY REASON OF THE ORDERS OF MAY 13. YOU WERE PAID A DISLOCATION ALLOWANCE IN THE AMOUNT OF $119.70. WHILE YOU WERE UNDERGOING THE DIRECTED COURSE OF INSTRUCTION ON TEMPORARY DUTY AT FORT BENNING. WAS CHANGED SO THAT UPON COMPLETION OF YOUR TEMPORARY DUTY. YOU WERE TO REPORT TO HEADQUARTERS. YOU WERE ALLOWED $119.70 REPRESENTING THE PAYMENT OF A DISLOCATION ALLOWANCE FOR YOUR DEPENDENTS' MOVE INCIDENT TO THE CHANGE IN ORDERS DATED NOVEMBER 4.

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B-149679, SEP. 13, 1962

TO LIEUTENANT COLONEL RAYMOND L. MITCHELL, O-1312967, INF.:

REFERENCE IS MADE TO YOUR LETTER OF JULY 25, 1962, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED JULY 3, 1962, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $119.70 COLLECTED AS AN ERRONEOUS PAYMENT OF DISLOCATION ALLOWANCE MADE INCIDENT TO ORDERS OF MAY 13, 1957.

BY LETTER ORDER NO. 5-231, HEADQUARTERS, UNITED STATES ARMY, EUROPE, APO 403, DATED MAY 13, 1957, YOU WERE RELIEVED FROM DUTY WITH THE SPECIAL ACTIVITIES DIVISION, HEADQUARTERS, USAREUR, NURNBERG, GERMANY, AND REASSIGNED TO THE USAPE, EMBARKATION TRANSIT DETACHMENT (7802) APO 69, BREMERHAVEN, GERMANY, FOR FURTHER ASSIGNMENT TO HEADQUARTERS, SECOND U.S. ARMY, FORT GEORGE G. MEADE, MARYLAND, WITH TEMPORARY DUTY EN ROUTE AT FORT BENNING, GEORGIA, FOR A COURSE OF INSTRUCTION OF APPROXIMATELY 18 WEEKS, REPORTING NOT LATER THAN AUGUST 5, 1957. FORTY FIVE DAYS' DELAY AT HOME OR LEAVE ADDRESS WITHIN THE CONTINENTAL UNITED STATES WAS AUTHORIZED, CHARGEABLE AS LEAVE PROVIDED IT DID NOT INTERFERE WITH THE REPORTING DATE SPECIFIED. IT APPEARS THAT YOUR DEPENDENTS ARRIVED AT FORT MEADE, MARYLAND, ON JUNE 29, 1957, AND WERE ASSIGNED GOVERNMENT QUARTERS AT THAT PLACE BY REASON OF THE ORDERS OF MAY 13, 1957, AND YOU WERE PAID A DISLOCATION ALLOWANCE IN THE AMOUNT OF $119.70. THEREAFTER, BY TWX OF THE DEPARTMENT OF THE ARMY, DATED NOVEMBER 4, 1957, WHILE YOU WERE UNDERGOING THE DIRECTED COURSE OF INSTRUCTION ON TEMPORARY DUTY AT FORT BENNING, GEORGIA, YOUR ULTIMATE DUTY ASSIGNMENT WITH HEADQUARTERS, SECOND U.S. ARMY, FORT GEORGE G. MEADE, MARYLAND, WAS CHANGED SO THAT UPON COMPLETION OF YOUR TEMPORARY DUTY, YOU WERE TO REPORT TO HEADQUARTERS, UNITED STATES ARMY GARRISON (2124) FORT MONROE, VIRGINIA. PURSUANT TO THIS MODIFICATION OF YOUR BASIC ORDERS, YOUR DEPENDENTS TRAVELED FROM FORT MEADE, MARYLAND, TO FORT MONROE, VIRGINIA (POQUOSON), ON DECEMBER 27, 1957.

BY SETTLEMENT OF THIS OFFICE DATED AUGUST 31, 1959, YOU WERE ALLOWED $119.70 REPRESENTING THE PAYMENT OF A DISLOCATION ALLOWANCE FOR YOUR DEPENDENTS' MOVE INCIDENT TO THE CHANGE IN ORDERS DATED NOVEMBER 4, 1957, ASSIGNING YOU TO FORT MONROE, VIRGINIA. YOU HAD ALSO BEEN PAID A DISLOCATION ALLOWANCE BY THE DEPARTMENT OF THE ARMY INCIDENT TO THE MOVE OF YOUR DEPENDENTS FROM OVERSEAS TO FORT GEORGE G. MEADE, MARYLAND, WHICH AMOUNT HAS BEEN COLLECTED FROM YOU BY THE DEPARTMENT OF THE ARMY AS AN ERRONEOUS PAYMENT. YOU APPEAR TO BELIEVE THAT, SINCE YOUR DEPENDENTS WERE ASSIGNED QUARTERS AT FORT MEADE AND OCCUPIED THEM, YOU SHOULD HAVE BEEN ALLOWED TO KEEP THE DISLOCATION ALLOWANCE PAID INCIDENT TO THEIR MOVE TO FORT MEADE, IN ADDITION TO THE DISLOCATION ALLOWANCE PAID INCIDENT TO THEIR MOVE TO FORT MONROE, VIRGINIA.

IT HAS LONG BEEN THE RULE THAT NO OFFICIAL TRAVEL OF A MEMBER OR HIS DEPENDENTS IS REQUIRED UNDER CHANGE OF STATION ORDERS, EITHER OF A PERMANENT OR TEMPORARY NATURE, UNTIL SUCH TIME AS A MEMBER IS REQUIRED TO DEPART THE OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (UNLESS TRAVEL BY ANOTHER MODE IS DIRECTED) TO REACH HIS NEW PERMANENT STATION ON THE DATE REQUIRED BY HIS TRAVEL ORDERS. WHERE A MEMBER IS GRANTED LEAVE OR AUTHORIZED DELAY IN THE PERFORMANCE OF TRAVEL, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF SUCH LEAVE OR DELAY. IF THE ORDERS ARE CANCELED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED BY THE MEMBER OR HIS DEPENDENTS IS REGARDED AS INCIDENT TO THE LEAVE OR DELAY AND THE EXPENSES OF SUCH TRAVEL MUST BE BORNE BY THE MEMBER CONCERNED. 8 COMP. GEN. 524, 9 COMP. GEN. 315 AND 33 COMP. GEN. 289.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949 AS AMENDED BY SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, 37 U.S.C. 253 (C), AUTHORIZED, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, THE PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION. PARAGRAPH 9002 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD INVOLVED, AUTHORIZED THE PAYMENT OF A DISLOCATION ALLOWANCE WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. HOWEVER, THIS AUTHORIZATION IS SUBJECT TO THE RESTRICTION SET FORTH IN PARAGRAPH 9001 OF THE REGULATIONS WHICH PROVIDES, IN PERTINENT PART THAT:

"THIS ALLOWANCE WILL NOT BE PRORATED NOR PAID MORE THAN ONCE IN CONNECTION WITH ANY ONE PERMANENT CHANGE OF STATION.'

UNDER THE LAW AND REGULATIONS, A RIGHT TO A DISLOCATION ALLOWANCE CANNOT ARISE UNTIL A PERMANENT CHANGE OF STATION HAS BEEN ORDERED, THE ORDERS BECOME EFFECTIVE, AND THE DEPENDENTS ACTUALLY MOVE IN CONNECTION WITH SUCH CHANGE OF STATION. PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON "A PERMANENT CHANGE OF STATION" FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED, SUBJECT TO CERTAIN EXCEPTIONS WHICH INCLUDE THE ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A STUDENT FOR A COURSE OF INSTRUCTION OF LESS THAN 20 WEEKS' DURATION. UNDER SUCH PROVISION OF THE REGULATIONS, NO RIGHT TO TRANSPORTATION OF YOUR DEPENDENTS AROSE INCIDENT TO YOUR TEMPORARY DUTY ASSIGNMENT AS A STUDENT AT FORT BENNING FOR A COURSE OF INSTRUCTION LESS THAN 20 WEEKS IN DURATION. SEE DECISION B 134615,APRIL 3, 1958 (COPY ENCLOSED). WHILE THE ORDERS OF MAY 13, 1957, DIRECTED A CHANGE OF STATION TO FORT GEORGE G. MEADE, MARYLAND, A NEW PERMANENT STATION AT FORT MONROE, VIRGINIA, WAS DESIGNATED PRIOR TO THE TERMINATION OF YOUR COURSE OF INSTRUCTION AT FORT BENNING. THEREFORE, YOUR ORDERS TO FORT GEORGE G. MEADE NEVER BECAME EFFECTIVE, AND YOUR RIGHT TO A DISLOCATION ALLOWANCE PAYMENT ACCRUED ONLY INCIDENT TO YOUR ASSIGNMENT AT FORT MONROE, VIRGINIA. ACCORDINGLY, PAYMENT OF A DISLOCATION ALLOWANCE FOR THE MOVE TO FORT MEADE, MARYLAND, WAS NOT PROPER AND COLLECTION FOR SUCH PAYMENT WAS REQUIRED BY LAW AND REGULATIONS.

FOR THE ABOVE REASONS, THE SETTLEMENT OF JULY 3, 1962, DISALLOWING YOUR CLAIM IS SUSTAINED.

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