B-151587, AUG. 6, 1963, 43 COMP. GEN. 133

B-151587, AUG. 6, 1963, 43 COMP. GEN. 133

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - STATUS CHANGE. TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DISLOCATION ALLOWANCE - FIRST DUTY STATION - FROM TRAINING ASSIGNMENT. TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - STATUS CHANGE. TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DISLOCATION ALLOWANCE - FIRST DUTY STATION - FROM TRAINING ASSIGNMENT ENLISTED MEMBERS OF THE UNIFORMED SERVICES WHO PRIOR TO SELECTION FOR OFFICERS' CANDIDATE SCHOOL OR OFFICERS' TRAINING SCHOOL WERE IN AN INELIGIBLE PAY GRADE PRECLUDING ENTITLEMENT TO TRANSPORTATION FOR DEPENDENTS AT GOVERNMENT EXPENSE MAY, UPON COMPLETION OF SCHOOL, APPOINTMENT AND ORDER TO ACTIVE DUTY AS OFFICERS, BE CONSIDERED THE SAME AS INDIVIDUALS APPOINTED FROM CIVILIAN LIFE SO THAT THE OLD PERMANENT DUTY STATION WILL BE DISREGARDED AND TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS MAY BE ALLOWED ON THE BASIS OF TRAVEL FROM HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST DUTY STATION INCIDENT TO THE OFFICER STATUS. AN ENLISTED MEMBER OF THE AIR FORCE WHO WAS PAID TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS, INCLUDING DISLOCATION ALLOWANCE, WHEN HE WAS ORDERED TO OFFICERS' CANDIDATE SCHOOL AND WHO, UPON COMPLETION OF SCHOOL AND APPOINTMENT AS AN OFFICER, IS ORDERED TO A NEW PERMANENT DUTY STATION MAY HAVE THE FURTHER TRAVEL OF HIS DEPENDENTS REGARDED AS TRAVEL TO THE FIRST DUTY STATION INCIDENT TO THE OFFICER STATUS FOR ENTITLEMENT TO TRANSPORTATION ALLOWANCES AND TO A DISLOCATION ALLOWANCE. AN ENLISTED MEMBER OF THE AIR FORCE WHO WAS NOT IN AN ELIGIBLE PAY GRADE FOR TRANSPORTATION OF DEPENDENTS WHEN HE WAS ORDERED TO OFFICERS' CANDIDATE SCHOOL AND WHO, UPON COMPLETION OF SCHOOL AND APPOINTMENT AS AN OFFICER, IS ORDERED TO A NEW PERMANENT DUTY STATION MAY HAVE THE TRAVEL OF DEPENDENTS FROM THE SCHOOL TO THE NEW STATION REGARDED AS TRAVEL INCIDENT TO THE APPOINTMENT OF MEMBERS FROM CIVILIAN LIFE TO FIRST DUTY STATION AFTER COMMISSIONING AS OFFICERS, AND IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS. AN ENLISTED MEMBER WHO, AFTER GRADUATION FROM OFFICERS' TRAINING SCHOOL-- - WHICH WAS THE MEMBER'S TEMPORARY DUTY STATION DURING THE INSTRUCTION PERIOD--- IS DISCHARGED, AND APPOINTED AS AN OFFICER AT THE OLD PERMANENT DUTY STATION, WITHOUT A BREAK IN SERVICE, AND IMMEDIATELY REASSIGNED TO A NEW PERMANENT DUTY STATION MAY HAVE THE ORDERS WHICH DISCHARGED HIM FROM THE SERVICE TO CONTINUE AS AN OFFICER REGARDED AS A DETACHMENT FROM THE OLD STATION AND ASSIGNMENT TO THE NEW STATION AND, THEREFORE, THE DISLOCATION ALLOWANCE INCIDENT TO A CHANGE OF STATION WHEN ORDERED IN CONJUNCTION WITH A SEPARATION FOR PURPOSE OF REENTRY AT THE SAME STATION, WITHOUT A BREAK IN SERVICE, IS PAYABLE TO THE MEMBER ALONG WITH THE TRANSPORTATION ALLOWANCE FOR THE DEPENDENT'S TRAVEL TO THE NEW STATION.

TO THE SECRETARY OF THE AIR FORCE, AUGUST 6, 1963:

IN LETTER DATED MAY 3, 1963, THE ASSISTANT SECRETARY OF THE AIR FORCE REFERS TO OUR DECISIONS OF MARCH 12, 1962, B-148029 AND 39 COMP. GEN. 76, AND REQUESTS OUR DECISION ON QUESTIONS CONCERNING THE TRAVEL AND TRANSPORTATION ALLOWANCES OF ENLISTED MEMBERS OF THE AIR FORCE WHO ARE SELECTED TO ATTEND OFFICERS' CANDIDATE SCHOOL OR OFFICERS' TRAINING SCHOOL. THE QUESTIONS RELATE TO THE ALLOWANCES PAYABLE UPON COMPLETION OF THE COURSE OF TRAINING AND REASSIGNMENT TO NEW PERMANENT DUTY STATIONS AS OFFICERS. THE REQUEST WAS ASSIGNED CONTROL NO. 63-3 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

IT IS STATED THAT TWO COURSES OF TRAINING CONDUCTED BY THE DEPARTMENT OF THE AIR FORCE ARE IN QUESTION AND SINCE THEY DIFFER IN LENGTH, SEPARATE SITUATIONS ARE PRESENTED, AS FOLLOWS:

1. OFFICERS' CANDIDATE SCHOOL GRADUATES.

OFFICERS' CANDIDATE SCHOOL IS OF 25 WEEKS' DURATION. ITS GRADUATES ARE IN AN ENLISTED STATUS PRIOR TO AND WHILE ATTENDING THIS COURSE. UPON COMPLETION, THEY ARE DISCHARGED UNDER THE PROVISIONS OF AIR FORCE REGULATION 39-14, ARE APPOINTED AND ORDERED TO ACTIVE DUTY AS OFFICERS AT THE SAME STATION WITHOUT A BREAK IN SERVICE AND ARE REASSIGNED TO A PERMANENT DUTY STATION.

EXAMPLE: TSGT (E-6) IS REASSIGNED FROM BASE A TO LACKLAND AIR FORCE BASE, TEXAS TO ATTEND OFFICERS' CANDIDATE SCHOOL. HIS DEPENDENTS ACCOMPANY HIM TO LACKLAND AIR FORCE BASE. MEMBER RECEIVES REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS FROM BASE A TO LACKLAND AND IS PAID A DISLOCATION ALLOWANCE UNDER THE PROVISIONS OF PARAGRAPHS 7000 AND 9002-1, JOINT TRAVEL REGULATIONS. HE COMPLETES OFFICERS' CANDIDATE SCHOOL, IS DISCHARGED UNDER THE PROVISIONS OF AIR FORCE REGULATION 39-14, APPOINTED AND ORDERED TO ACTIVE DUTY AS AN OFFICER AT THE SAME STATION WITHOUT A BREAK IN SERVICE, AND REASSIGNED TO A NEW PERMANENT DUTY STATION. HIS DEPENDENTS ACCOMPANY HIM TO THE NEW DUTY STATION.

QUESTION: WOULD THE MEMBER BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AND A DISLOCATION ALLOWANCE FROM LACKLAND AIR FORCE BASE TO THE PERMANENT DUTY STATION TO WHICH ASSIGNED AFTER COMMISSIONING? WOULD YOUR ANSWER BE THE SAME IF THE MEMBER WAS NOT OF AN ELIGIBLE PAY GRADE FOR TRANSPORTATION OF DEPENDENTS TO LACKLAND AIR FORCE BASE?

2. OFFICERS' TRAINING SCHOOL GRADUATES.

OFFICERS' TRAINING SCHOOL IS OF LESS THAN 20 WEEKS' DURATION. PRIMARILY, TRAINEES ARE SELECTED FROM CIVIL STATUS AND ARE ENLISTED IN THE USAF IN GRADE E-1 FOR THE PURPOSE OF ENTERING OFFICERS' TRAINING. THESE MEMBERS ARE PROMOTED TO GRADE E-5 UPON RECEIVING ASSIGNMENT INSTRUCTIONS TO OFFICERS' TRAINING SCHOOL. THE SAME PROCEDURES FOR COMMISSIONING, ETC. OF OFFICER CANDIDATES IS USED. WE RECOGNIZE THAT UPON SUCCESSFUL COMPLETION OF TRAINING AND REASSIGNMENT TO A PERMANENT DUTY STATION, THE TRAVEL OF DEPENDENTS WOULD BE THAT AS PROVIDED IN PARAGRAPHS 3003-1 AND 7011-4, JOINT TRAVEL REGULATIONS. PAYMENT OF A DISLOCATION ALLOWANCE WOULD BE PRECLUDED BY PARAGRAPH 9003-3, JOINT TRAVEL REGULATIONS. ALSO, SOME TRAINEES ARE SELECTED TO ATTEND OTS WHILE SERVING IN AN ENLISTED STATUS. THESE MEMBERS ARE OF VARIOUS PAY GRADES.

EXAMPLE: SGT (E-5) IS SELECTED TO ATTEND OTS AND IS TRANSFERRED FROM BASE A TO LACKLAND AIR FORCE BASE, TEXAS. NO ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS EXISTS INCIDENT TO THIS TRANSFER. HE SUCCESSFULLY COMPLETES TRAINING, IS DISCHARGED UNDER THE PROVISIONS OF AFR 39-14, APPOINTED AND ORDERED TO ACTIVE DUTY AS AN OFFICER AT THE SAME STATION WITHOUT A BREAK IN SERVICE, AND IS REASSIGNED TO A NEW PERMANENT DUTY STATION.

QUESTION: WOULD THE MEMBER BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AND A DISLOCATION ALLOWANCE FROM THE PERMANENT DUTY STATION AT WHICH HE WAS SERVING PRIOR TO ENTRY INTO OFFICERS' TRAINING SCHOOL TO THE NEW PERMANENT DUTY STATION?

IN OUR DECISION OF MARCH 12, 1962, B-148029, WE HELD THAT AN ENLISTED MAN IN PAY GRADE E-6, WHO WAS DISCHARGED FROM THE SERVICE AT HIS DUTY STATION AT GUNTER AIR FORCE BASE, ALABAMA, AND ORDERED TO EXTENDED ACTIVE DUTY THE FOLLOWING DAY AS AN OFFICER AT LACKLAND AIR FORCE BASE, TEXAS, WAS ENTITLED TO PAYMENT OF DISLOCATION ALLOWANCE INCIDENT TO TRAVEL PERFORMED BY HIS DEPENDENTS FROM HIS OLD DUTY STATION AT GUNTER AIR FORCE BASE TO HIS NEW PERMANENT DUTY STATION AT LACKLAND AIR FORCE BASE, PAYMENT NOT BEING PRECLUDED BY PARAGRAPH 9003 3, JOINT TRAVEL REGULATIONS. OUR DECISION TO THE SECRETARY OF THE NAVY IN 39 COMP. GEN. 76, INVOLVED THE PROPRIETY OF PAYMENT OF DISLOCATION ALLOWANCE TO MEMBERS WHO WERE COMMISSIONED AS OFFICERS FOLLOWING AVIATION CADET TRAINING UNDER THE PROVISIONS OF 10 U.S.C. 6911. UNDER THE PROVISIONS OF THAT SECTION, AVIATION CADETS HOLD A SPECIAL ENLISTED GRADE WHICH, WHETHER ACQUIRED BY ENLISTMENT FROM CIVIL LIFE OR BY TRANSFER, BEGINS AND ENDS WITH THE PERIOD OF AVIATION CADET TRAINING. THEREFORE, WE CONCLUDED THAT AVIATION CADETS WHO, UPON COMPLETION OF THE COURSE OF INSTRUCTION, ARE ORDERED TO DUTY AS NEWLY COMMISSIONED OFFICERS OCCUPIED THE SAME STATUS AS NEWLY APPOINTED OFFICERS AND ARE ENTITLED TO TRANSPORTATION FOR THEIR DEPENDENTS FROM HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO THEIR FIRST PERMANENT DUTY STATION.

YOUR DOUBT IN THE PRESENT MATTER PRIMARILY CONCERNS ENLISTED MEMBERS OF AN INELIGIBLE PAY GRADE WHO ARE SELECTED FOR OFFICERS' CANDIDATE SCHOOL OR OFFICERS' TRAINING SCHOOL. BASICALLY, YOUR QUESTION APPEARS TO BE WHETHER TRAVEL ALLOWANCES FOR TRAVEL OF DEPENDENTS OF SUCH MEMBERS WILL BE DETERMINED ON THE BASIS OF THE OLD TO NEW PERMANENT DUTY STATION OR FROM HOME TO FIRST DUTY STATION AS AN OFFICER AS IN THE CASE OF THE NAVAL AVIATION CADETS WHICH WE CONSIDERED IN 39 COMP. GEN. 76.

IN OUR DECISION OF AUGUST 6, 1959, 39 COMP. GEN. 76, WE STATED THAT THE PERTINENT STATUTE, 37 U.S.C. 406, CLEARLY CONTEMPLATES ISSUANCE OF REGULATIONS TO ENTITLE AN OFFICER COMMISSIONED DIRECTLY FROM CIVIL LIFE AND ORDERED TO ACTIVE DUTY TO TRANSPORTATION OF HIS DEPENDENTS AND HOUSEHOLD EFFECTS FROM HIS HOME TO HIS DUTY STATION. WE SAID THAT THE FACT THAT A MEMBER HAS SERVED FOR A TIME IN SOME OTHER STATUS HAS NOT BEEN REGARDED AS A SUFFICIENT GROUND TO REQUIRE DISCRIMINATION AGAINST SUCH MEMBER BY DENYING HIM TRANSPORTATION OF HIS DEPENDENTS INCIDENT TO HIS APPOINTMENT AND ORDERS TO ACTIVE DUTY AS AN OFFICER. ALSO, WE STATED WE PERCEIVE NO MATERIAL DIFFERENCE BETWEEN SERVING IN A SPECIAL ENLISTED GRADE (NAVAL AVIATION CADET) AND SERVING IN ANY OTHER CAPACITY WHILE IN TRAINING FOR APPOINTMENT AS A COMMISSIONED OFFICER SUCH AS WOULD WARRANT A CHANGE IN THE ESTABLISHED PROCEDURE OF FURNISHING A NEWLY APPOINTED OFFICER TRANSPORTATION FOR HIS DEPENDENTS FROM HOME, OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY, TO HIS DUTY STATION.

SIMILARLY, WE BELIEVE THAT THE FACT THAT A MEMBER HAS SERVED IN AN INELIGIBLE ENLISTED STATUS PRIOR TO HIS ENTRY INTO OFFICERS' TRAINING SCHOOL OR OFFICERS' CANDIDATE SCHOOL IS NOT A SUFFICIENT GROUND TO REQUIRE DISCRIMINATION AGAINST SUCH MEMBER BY DENYING HIM TRANSPORTATION OF HIS DEPENDENTS FROM HOME INCIDENT TO HIS APPOINTMENT AND ORDERS TO ACTIVE DUTY AS AN OFFICER. THEREFORE, IT IS OUR VIEW THAT MEMBERS OF AN INELIGIBLE PAY GRADE WHO ARE SELECTED FOR OFFICERS' CANDIDATE SCHOOL OR OFFICERS' TRAINING SCHOOL SHOULD BE CONSIDERED THE SAME AS AN INDIVIDUAL APPOINTED FROM CIVILIAN LIFE SO THAT HIS OLD PERMANENT DUTY STATION WILL BE DISREGARDED AND TRAVEL AND TRANSPORTATION ALLOWANCES FOR HIS DEPENDENTS WILL BE DETERMINED ON THE BASIS OF FROM HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST DUTY STATION AS AN OFFICER.

WITH RESPECT TO THE FIRST PART OF QUESTION ONE, SINCE THE MEMBER WAS IN AN ELIGIBLE PAY GRADE FOR DEPENDENT TRAVEL AND TRANSPORTATION ALLOWANCES WHEN TRANSFERRED TO LACKLAND AIR FORCE BASE, HE WILL BE ENTITLED TO PAYMENT OF SUCH ALLOWANCES INCLUDING DISLOCATION ALLOWANCE FOR HIS DEPENDENTS' FURTHER TRAVEL FROM THERE TO HIS FIRST PERMANENT DUTY STATION AS AN OFFICER. THE SECOND PART OF THE QUESTION IS ANSWERED IN THE NEGATIVE. IN SUCH SITUATION THE TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS SHOULD BE DETERMINED AS IN THE CASE OF MEMBERS APPOINTED FROM CIVILIAN LIFE FROM HOME TO FIRST DUTY STATION AFTER COMMISSIONING SUCH AS IN THE SITUATION CONSIDERED IN 39 COMP. GEN. 76, IN THE CASE OF NAVAL AVIATION CADETS.

WITH RESPECT TO QUESTION 2, IT IS STATED IN YOUR DISCUSSION RELATIVE TO TRAINEES APPOINTED FROM CIVILIAN LIFE, THAT YOU RECOGNIZE THAT UPON SUCCESSFUL COMPLETION OF TRAINING AND REASSIGNMENT TO A PERMANENT DUTY STATION, THE TRAVEL OF DEPENDENTS OF SUCH TRAINEES WOULD BE THAT AS PROVIDED IN PARAGRAPHS 3003-1, AND 7011-4 OF THE JOINT TRAVEL REGULATIONS, AND THAT PAYMENT OF A DISLOCATION ALLOWANCE WOULD BE PRECLUDED BY PARAGRAPH 9003-3.

YOU SAY, HOWEVER, THAT SOME TRAINEES ARE SELECTED WHILE SERVING IN VARIOUS ENLISTED GRADES AND YOUR QUESTION INVOLVES THE SITUATION OF SUCH AN ENLISTED MAN IN AN ELIGIBLE PAY GRADE FOR TRAVEL AND TRANSPORTATION ALLOWANCES FOR HIS DEPENDENTS IN THE CIRCUMSTANCES DESCRIBED IN THE EXAMPLE. SUCH MEMBER ACTUALLY WAS AWAY FROM HIS OLD PERMANENT DUTY STATION AT BASE A FOR TEMPORARY DUTY WHILE UNDERGOING INSTRUCTION FOR OFFICER TRAINING AT LACKLAND AIR FORCE BASE. THEREFORE, THE NET EFFECT OF THE ORDERS WHICH DISCHARGED HIM FROM THE SERVICE FOR THE PURPOSE OF PERMITTING HIM TO CONTINUE IN THE SERVICE AS AN OFFICER, WAS TO DETACH HIM FROM HIS OLD PERMANENT DUTY STATION AT BASE AAND ASSIGN HIM TO A NEW DUTY STATION. IN THESE CIRCUMSTANCES AND SINCE THE REGULATIONS CONTEMPLATE PAYMENT OF DISLOCATION ALLOWANCE INCIDENT TO A CHANGE OF STATION WHEN ORDERED IN CONJUNCTION WITH A SEPARATION FOR THE PURPOSE OF REENTRY AT THE SAME STATION WITHOUT A BREAK IN SERVICE, THE MEMBER IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AND A DISLOCATION ALLOWANCE FOR THE TRANSFER FROM BASE A TO THE NEW PERMANENT DUTY STATION AS AN OFFICER. 148029, MARCH 12, 1962; 40 COMP. GEN. 251.