B-149972, NOV. 29, 1962

B-149972: Nov 29, 1962

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USN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15. THE RECORD SHOWS THAT YOU WERE ATTACHED TO THE U.S.S. WHEN ITS HOME PORT WAS CHANGED FROM BOSTON. YOU WERE TRANSFERRED TO PALERMO. THEN YOU WERE TO REPORT TO QUINCY. LONG BEACH (CG/N/9) AND FOR DUTY ON BOARD WHEN IT WAS PLACED IN SERVICE. YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS WAS DISALLOWED FOR THE REASON THAT IT APPEARED THEIR TRAVEL TO FORT SILL WAS FOR A VISIT AND YOUR DEPENDENTS DID NOT IN FACT RELOCATE THEIR HOUSEHOLD THERE. YOU WERE ADVISED THAT PAYMENT OF THE DISLOCATION ALLOWANCE IS NOT AUTHORIZED WHEN THE RELOCATION OF THE HOUSEHOLD IS BETWEEN PLACES LOCATED IN PROXIMITY TO EACH OTHER (IN YOUR CASE.

B-149972, NOV. 29, 1962

TO DENNIS C. HASSEL, FTM1, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1962, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED SEPTEMBER 4, 1962, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE AND REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM BOSTON, MASSACHUSETTS, TO FORT SILL, OKLAHOMA, AND FROM FORT SILL, OKLAHOMA, TO HULL, MASSACHUSETTS, DURING THE PERIODS DECEMBER 6 TO 11, 1960, AND MARCH 13 TO 27, 1961, RESPECTIVELY.

THE RECORD SHOWS THAT YOU WERE ATTACHED TO THE U.S.S. SPRINGFIELD (CLG-7) ON DECEMBER 1, 1960, WHEN ITS HOME PORT WAS CHANGED FROM BOSTON, MASSACHUSETTS, TO VILLEFRANCHE, FRANCE. BY ORDERS PREPARED DECEMBER 7, 1960, YOU WERE TRANSFERRED TO PALERMO, SICILIY, FROM THE U.S.S. SPRINGFIELD TO THE U.S.S. DES MOINES (CA-134) FOR APPROXIMATELY THREE MONTHS' TEMPORARY DUTY, AND THEN YOU WERE TO REPORT TO QUINCY, MASSACHUSETTS, FOR TEMPORARY DUTY IN CONNECTION WITH OUTFITTING THE U.S.S. LONG BEACH (CG/N/9) AND FOR DUTY ON BOARD WHEN IT WAS PLACED IN SERVICE. YOU REPORTED TO THE U.S.S. DES MOINES FOR TEMPORARY DUTY ON DECEMBER 14, 1960, AND TO THE OFFICER IN CHARGE, PRECOMMISSIONING UNIT, U.S.S. LONG BEACH FOR TEMPORARY DUTY ON MARCH 28, 1961, BEFORE REPORTING FOR DUTY ON BOARD THE VESSEL ON JUNE 24, 1961. YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS WAS DISALLOWED FOR THE REASON THAT IT APPEARED THEIR TRAVEL TO FORT SILL WAS FOR A VISIT AND YOUR DEPENDENTS DID NOT IN FACT RELOCATE THEIR HOUSEHOLD THERE. YOU WERE ADVISED THAT PAYMENT OF THE DISLOCATION ALLOWANCE IS NOT AUTHORIZED WHEN THE RELOCATION OF THE HOUSEHOLD IS BETWEEN PLACES LOCATED IN PROXIMITY TO EACH OTHER (IN YOUR CASE, BETWEEN BOSTON AND HULL, MASSACHUSETTS), UNLESS THE CLAIM IS SUPPORTED BY A STATEMENT FROM THE COMMANDING OFFICER OF THE NEW PERMANENT DUTY STATION THAT SUCH RELOCATION WAS NECESSARY AS A DIRECT RESULT OF THE CHANGE OF STATION. YOU CONTEND THAT YOU DID NOT MOVE YOUR DEPENDENTS TO FORT SILL FOR A VISIT BUT THAT IT WAS A PERMANENT MOVE SINCE ALL YOU KNEW WAS HEARSAY THAT YOU WOULD BE TRANSFERRED TO THE U.S.S. LONG BEACH, AND YOU HAD MADE APPLICATION ON THE U.S.S. SPRINGFIELD TO TAKE YOUR DEPENDENTS OVERSEAS BUT YOU WERE TOLD YOU COULD NOT TAKE THEM BECAUSE THEY EXCEEDED THE NUMBER PERMITTED TO BE TRANSFERRED OVERSEAS UNDER THE RESTRICTIONS THEN IN EFFECT.

THE PERTINENT STATUTE 37 U.S.C. 404, 406, PROVIDES 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 IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. PARAGRAPH 7000-13, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR ANY TRAVEL BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE; TRAVEL EXPENSE OF DEPENDENTS FOR PLEASURE TRIPS OR FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE AS AUTHORIZED BY THESE REGULATIONS MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. THUS, A RIGHT TO TRANSPORTATION OF DEPENDENTS AT THE EXPENSE OF THE GOVERNMENT IS NOT AN ALLOWANCE PAYABLE IN ALL EVENTS ON THE BASIS THAT SOME TRAVEL WAS PERFORMED. EVEN THOUGH TRAVEL IS PERFORMED, NO RIGHT TO REIMBURSEMENT BY THE GOVERNMENT ARISES UNLESS THE TRAVEL MAY BE CONSIDERED AS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AN ORDERED PERMANENT CHANGE OF STATION FOR THE MEMBER IN THE SERVICE. 33 COMP. GEN. 431.

IN A STATEMENT SUBMITTED WITH YOUR CLAIM, YOU SAID THAT AFTER YOU HAD RECEIVED ORDERS TO THE U.S.S. NEWPORT NEWS (CA-148) EARLY IN NOVEMBER 1960, IT WAS FOUND THAT A MISTAKE HAD BEEN MADE IN ASSIGNING YOU BECAUSE OF YOUR QUALIFICATIONS AND YOU WERE ADVISED YOU WOULD PROBABLY STAY ON THE U.S.S. SPRINGFIELD, BUT AT THE LAST MINUTE YOU WERE TOLD YOU WOULD BE TRANSFERRED TO THE U.S.S. LONG BEACH AT SOME LATER TIME OVERSEAS. ITIS UNDERSTOOD FROM YOUR INFORMAL STATEMENTS AND OTHER EVIDENCE IN THE FILE THAT AFTER IT WAS DECIDED IN SEPTEMBER 1960 TO CHANGE THE HOME PORT OF THE U.S.S. SPRINGFIELD TO FRANCE, THE MEMBERS SERVING ON THE VESSEL WHO WOULD NOT BE PERMITTED TO MOVE THEIR DEPENDENTS OVERSEAS WERE TOLD THAT THEY WOULD BE GIVEN OTHER ASSIGNMENTS TO THE EXTENT THAT REPLACEMENTS WERE AVAILABLE. THAT APPARENTLY WAS THE BASIS FOR YOUR ASSIGNMENT TO THE U.S.S. NEWPORT NEWS, IT BEING REPORTED THAT AN ELIGIBLE RELIEF WAS AVAILABLE IN YOUR CASE. THE RECORD SHOWS THAT THE COMMANDING OFFICER OF THE U.S.S. SPRINGFIELD WAS NOTIFIED ON NOVEMBER 25, 1960, THAT YOU WERE NOT TO REPORT TO THE U.S.S. NEWPORT NEWS BUT TO THE U.S.S. DES MOINES FOR TEMPORARY DUTY OF APPROXIMATELY THREE MONTHS AND LATER TO THE U.S.S. LONG BEACH AS SUBSEQUENTLY PROVIDED IN YOUR ORDERS OF DECEMBER 7, 1960. PRESUMABLY YOU WERE ADVISED OF THAT MESSAGE. THUS, IT SEEMS APPARENT THAT WHILE YOU HAD NOT BEEN GIVEN WRITTEN ORDERS FOR TRANSFER FROM THE U.S.S. SPRINGFIELD AT THE TIME OF ITS CHANGE IN HOME PORT, AND AT THE TIME YOUR DEPENDENTS DEPARTED FOR FORT SILL, YOU NEVERTHELESS HAD BEEN ADVISED OF THE TRANSFER THAT WOULD BE EFFECTED SHORTLY IN YOUR CASE AND KNEW THAT YOU WOULD NOT CONTINUE TO SERVE ABOARD THAT VESSEL. IN THESE CIRCUMSTANCES, A CHANGE IN HOME PORT OF THE VESSEL MAY NOT BE REGARDED AS AFFORDING ANY AUTHORITY FOR YOUR DEPENDENTS' TRAVEL FROM BOSTON TO FORT SILL. HENCE, THERE WAS NO AUTHORITY FOR THEIR RETURN TRAVEL INCIDENT TO YOUR ASSIGNMENT TO THE U.S.S. LONG BEACH.

WITH REGARD TO THE PAYMENT OF A DISLOCATION ALLOWANCE FOR MOVING YOUR HOUSEHOLD FROM BOSTON TO HULL, PARAGRAPH 9002-1 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. IT 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 WITHIN THE SAME CITY. IN THE ABSENCE OF SUCH STATEMENT BY THE APPROPRIATE COMMANDING OFFICER THAT THE RELOCATION OF YOUR HOUSEHOLD WAS NECESSARY AS A DIRECT RESULT OF YOUR PERMANENT CHANGE OF STATION ORDERS OF DECEMBER 7, 1960, PAYMENT OF THE DISLOCATION ALLOWANCE IS NOT AUTHORIZED.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM BY OUR SETTLEMENT DATED SEPTEMBER 4, 1962, IS SUSTAINED. YOUR ORIGINAL ORDERS ARE RETURNED HEREWITH.