B-153791, MAY 8, 1964

B-153791, MAY 8, 1964

TO CHIEF MASTER SERGEANT ALBERT D. SCERBO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 11, 1964, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 4, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS FROM FORT MYER, VIRGINIA, TO DUNEDIN, FLORIDA, JULY 10 TO 12, 1962, AND PAYMENT OF DISLOCATION ALLOWANCE.

BY SPECIAL ORDER A-233 DATED JUNE 13, 1962, AS AMENDED, YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 567TH STRATEGIC MISSILE SQUADRON, FAIRCHILD AIR FORCE BASE, WASHINGTON, AND ASSIGNED TO THE 3345TH TECHNICAL SCHOOL, FORT MYER, VIRGINIA, WITH PERMANENT DUTY STATION AT THE SCHOOL OF LANGUAGES, FOREIGN SERVICES INSTITUTE, DEPARTMENT OF STATE, ARLINGTON, VIRGINIA, TO REPORT NOT LATER THAN JULY 20, 1962. YOU SAY THAT WHILE YOU WERE STILL ASSIGNED TO FAIRCHILD AIR FORCE BASE YOU RECEIVED A LETTER FROM LIEUTENANT COLONEL T. W. TEDROWE, BRANCH CHIEF, MISSILE ADVISORY BRANCH, MAAG, APO 402, NEW YORK, WELCOMING YOU TO THE ORGANIZATION. THE COMMANDER OF THE 5345TH TECHNICAL SCHOOL, FORT MYER, HAS FURNISHED A CERTIFICATE TO THE EFFECT THAT WHEN YOU ARRIVED THERE ON JULY 9, 1962, YOU WERE ADVISED THAT YOU WOULD BE ISSUED PERMANENT CHANGE OF STATION ORDERS ASSIGNING YOU TO MAAG, ITALY, AND THAT TRAVEL OF YOUR DEPENDENTS TO A DESIGNATED POINT IN THE CONTINENTAL UNITED STATES WOULD BE AUTHORIZED. YOU ALSO SAY IN THE INTEREST OF YOUR FAMILY'S WELFARE THAT SINCE YOU WERE UNABLE TO LOCATE ADEQUATE HOUSING FOR THEM ON JULY 9, 1962, IN THE VICINITY OF FORT MYER, AND FOR YOUR PEACE OF MIND, YOU TOOK THEM TO DUNEDIN, FLORIDA, ON JULY 10 TO 12, 1962, AND SECURED A FURNISHED APARTMENT FOR THEM. BY SPECIAL ORDERS AE60 DATED AUGUST 16, 1962, AS AMENDED, YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT FORT MYER AND ASSIGNED TO THE 1171 USAF FOREIGN MISSION SQUADRON, 1170 USAF FOREIGN MISSION GROUP, (HQ COMD) FORT MYER, VIRGINIA, FOR DUTY WITH DETACHMENT NO. 4, USAF AIR SECTION, MAAG, ITALY, WITH DUTY STATION AT APO 402, NEW YORK, NEW YORK, TO REPORT TO WASHINGTON NATIONAL AIRPORT, WASHINGTON, D.C., NOT LATER THAN JANUARY 21, 1963, FOR TRAVEL TO OVERSEAS DESTINATION. THESE ORDERS PROVIDED THAT CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS NOT AUTHORIZED BUT THAT THEY WERE AUTHORIZED TO TRAVEL TO A DESIGNATED POINT IN THE CONTINENTAL UNITED STATES. IT APPEARS TO BE YOUR CONTENTION NOW THAT YOUR DEPENDENTS TRAVELED FROM FORT MYER TO DUNEDIN AS A RESULT OF THE PENDING CHANGE OF STATION DIRECTED SUBSEQUENTLY BY THE ORDERS OF AUGUST 16, 1962.

THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES AND PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER WHOSE DEPENDENTS MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION ARE GOVERNED BY PROVISIONS CONTAINED IN THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO 37 U.S.C. 406, 407. PARAGRAPH 7057 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER IN RECEIPT OF PERMANENT CHANGE OF STATION ORDERS IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE OLD PERMANENT STATION TO OTHER THAN THE NEW PERMANENT STATION NOT TO EXCEED THE ENTITLEMENT FROM THE OLD TO THE NEW STATION, AND PARAGRAPH 9002 PROVIDES, WITH CERTAIN EXCEPTIONS NOT HERE INVOLVED, THAT DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THE RECORD SHOWS THAT AS AUTHORIZED BY THEM PROVISIONS OF THE REGULATIONS YOU CLAIMED AND RECEIVED A DISLOCATION ALLOWANCE AND REIMBURSEMENT FOR MOVEMENT OF YOUR DEPENDENTS FROM FAIRCHILD AIR FORCE BASE TO DUNEDIN, FLORIDA (COMPUTED ON THE BASIS OF THE DISTANCE FROM FAIRCHILD AIR FORCE BASE TO FORT MYER), PURSUANT TO SPECIAL ORDER A-233 WHICH CHANGED YOUR PERMANENT STATION FROM FAIRCHILD AIR FORCE BASE TO FORT MYER.

REGARDING YOUR SUBSEQUENT PERMANENT CHANGE OF STATION FROM FORT MYER TO YOUR OVERSEAS ASSIGNMENT BY SPECIAL ORDERS AE60, WHICH DID NOT AUTHORIZE CONCURRENT TRAVEL OF DEPENDENTS, PARAGRAPH 7005 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS TRANSFERRED OR ASSIGNED BY PERMANENT CHANGE OF STATION ORDERS TO A RESTRICTED AREA, HE WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM THE PLACE THE DEPENDENTS ARE LOCATED TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE NOT TO EXCEED ENTITLEMENT FROM THE MEMBER'S LAST DUTY STATION OR FROM THE LAST PLACE DEPENDENTS WERE TRANSPORTED AT GOVERNMENT EXPENSE. SUCH REGULATION ANTICIPATES AND PROVIDES FOR ONLY THOSE SITUATIONS WHERE DEPENDENTS ARE NECESSARILY SEPARATED FROM THEIR SPONSOR BECAUSE OF HIS DUTY ASSIGNMENT TO AN AREA RESTRICTED AS TO DEPENDENTS. AT THE TIME THE TRAVEL IN QUESTION WAS PERFORMED BY YOUR DEPENDENTS YOU WERE UNDER ORDERS REQUIRING THAT YOU PROCEED AND REPORT TO FORT MYER ON PERMANENT DUTY ASSIGNMENT INVOLVING NO ENFORCED SEPARATION OF FAMILY AS ANTICIPATED UNDER PARAGRAPH 7005 FOR AT LEAST 6 MONTHS. WHILE IT APPEARS THAT YOU HAD THEN BEEN ADVISED THAT YOU WOULD AT A LATER DATE RECEIVE ORDERS DIRECTING A DUTY ASSIGNMENT IN AN AREA RESTRICTED AS TO DEPENDENTS, SUCH ASSIGNMENT WAS NOT TO TAKE EFFECT UNTIL AFTER THE COMPLETION OF THE PERMANENT ASSIGNMENT AT FORT MYER.

A RIGHT TO TRANSPORTATION FOR 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 BE REIMBURSED 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. YOU STATED THAT YOU WERE UNABLE TO LOCATE ADEQUATE HOUSING FOR YOUR DEPENDENTS IN THE VICINITY OF FORT MYER AND THAT FOR YOUR PEACE OF MIND WHILE ATTENDING SCHOOL THERE YOU TOOK YOUR DEPENDENTS TO DUNEDIN WHERE YOU FOUND AN APARTMENT FOR THEM BEFORE REPORTING FOR DUTY AT FORT MYER. THUS, IT APPEARS THAT THE TRAVEL OF YOUR DEPENDENTS FROM FORT MYER TO DUNEDIN WAS INCIDENT TO YOUR ASSIGNMENT TO FORT MYER AND WOULD HAVE BEEN PERFORMED WITHOUT REGARD TO THE SUBSEQUENT DUTY ASSIGNMENT, THE NEED FOR THE TRAVEL ARISING AS A DIRECT CONSEQUENCE OF HOUSING DIFFICULTIES ENCOUNTERED AT FORT MYER RATHER THAN IN ANTICIPATION OF A POSSIBLE FAMILY SEPARATION UNDER ORDERS TO BE ISSUED IN THE FUTURE.

SINCE ON THE PRESENT RECORD THE TRAVEL OF YOUR DEPENDENTS AND THE RELOCATION OF YOUR HOUSEHOLD AT DUNEDIN MAY NOT BE VIEWED AS INCIDENT TO YOUR LATER OVERSEAS ASSIGNMENT, THERE IS NO AUTHORITY TO ALLOW YOU A SECOND DISLOCATION ALLOWANCE AND ADDITIONAL REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENTS FROM FORT MYER TO DUNEDIN, FLORIDA. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 4, 1964, IS SUSTAINED.