B-154249, JUN. 11, 1964

B-154249: Jun 11, 1964

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SOLIE: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 18 AND MARCH 22. YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT FORT ORD. WERE BEING REVOKED. THIS WAS CONFIRMED BY ORDERS OF FEBRUARY 26. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 19. BY WHICH YOU WERE TO HAVE BEEN REASSIGNED TO FORT BENNING. WERE REVOKED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS. IS AMENDED AS FOLLOWS: "/1) THE FOLLOWING NEW SECTION IS INSERTED AFTER SECTION 406: " "SEC. 406A. TRAVEL AND TRANSPORTATION ALLOWANCES: AUTHORIZED FOR TRAVEL PERFORMED UNDER ORDERS THAT ARE CANCELED. A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THIS TITLE. FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER.

B-154249, JUN. 11, 1964

TO FIRST LIEUTENANT LLOYD A. SOLIE:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 18 AND MARCH 22, 1964, REQUESTING RECONSIDERATION ON THE BASIS OF PUBLIC LAW 88 238, APPROVED DECEMBER 23, 1963, OF SETTLEMENT DATED JULY 19, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR TRAVEL AND YOUR DEPENDENTS' TRAVEL FROM FORT ORD, CALIFORNIA, TO SAN DIEGO, CALIFORNIA, AND RETURN, DURING THE PERIOD FEBRUARY 15 TO 19, 1963, AND DISLOCATION ALLOWANCE INCIDENT TO YOUR ORDERS DATED FEBRUARY 6 AND 26, 1963.

BY ORDERS DATED FEBRUARY 6, 1963, YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT FORT ORD, CALIFORNIA, AND ORDERED TO REPORT FOR DUTY AT FORT BENNING, GEORGIA, NOT LATER THAN MARCH 15, 1963, WITH DELAY OF 15 DAYS EN ROUTE TO COUNT AS LEAVE. THE ITINERARY FURNISHED WITH YOUR CLAIM SHOWS THAT YOU AND YOUR DEPENDENTS (WIFE AND DAUGHTER) LEFT FORT ORD ON FEBRUARY 15, 1963, BY AUTOMOBILE AND ARRIVED AT SAN DIEGO, CALIFORNIA, THE NEXT DAY WHERE YOU RECEIVED OFFICIAL INSTRUCTIONS TO RETURN TO FORT ORD FOR THE REASON THAT YOUR ORDERS OF FEBRUARY 6, 1963, WERE BEING REVOKED. THIS WAS CONFIRMED BY ORDERS OF FEBRUARY 26, 1963. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 19, 1963, FOR THE REASON THAT YOUR ORDERS OF FEBRUARY 6, 1963, BY WHICH YOU WERE TO HAVE BEEN REASSIGNED TO FORT BENNING, GEORGIA, WERE REVOKED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS.

SECTION 1 OF THE ACT OF DECEMBER 23, 1963, PUB.L. 88-238, 77 STAT. 475, ON WHICH YOU BASE YOUR REQUEST FOR RECONSIDERATION OF YOUR CLAIM, PROVIDES:

"* * * CHAPTER 7 OF TITLE 37, U.S.C. IS AMENDED AS FOLLOWS:

"/1) THE FOLLOWING NEW SECTION IS INSERTED AFTER SECTION 406:

" "SEC. 406A. TRAVEL AND TRANSPORTATION ALLOWANCES: AUTHORIZED FOR TRAVEL PERFORMED UNDER ORDERS THAT ARE CANCELED, REVOKED, OR MODIFIED.

" "UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THIS TITLE, AND TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS UNDER SECTIONS 406 AND 409 OF THIS TITLE, IF OTHERWISE QUALIFIED, FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER---

" "/1) CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED; OR

" "/2) MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION.'"

IMPLEMENTING REGULATIONS ARE CONTAINED IN PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS, CHANGE 136, APRIL 1964, AND PROVIDE IN PERTINENT PART AS FOLLOWS:

"B. EFFECTIVE DATE

"/2) MODIFIED, CANCELED, OR REVOKED ORDERS. FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO ALLOWANCES FOR TRAVEL AND TRANSPORTATION UNDER PERMANENT CHANGE-OF-STATION ORDERS WHICH ARE MODIFIED, CANCELED, OR REVOKED PRIOR TO THEIR EFFECTIVE DATE, THE ORDERS WILL BE CONSIDERED AS EFFECTIVE WHEN RECEIVED FOR ANY TRAVEL PERFORMED THEREUNDER BY THE MEMBER OR HIS DEPENDENTS, OR ANY TRANSPORTATION OF HOUSEHOLD GOODS OR HOUSE TRAILERS COMMENCED OR COMPLETED THEREUNDER, EVEN THOUGH LEAVE, DELAY, PROCEED TIME, OR TEMPORARY DUTY EN ROUTE ARE INVOLVED.

"/3) ADJUSTMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES FOR THE PERIOD 1 OCTOBER 1949 THROUGH 22 DECEMBER 1963 AUTHORIZED BY 37 U.S.C. 406A. FOR PERMANENT CHANGE-OF-STATION TRAVEL PERFORMED BY A MEMBER OR HIS DEPENDENTS, OR FOR TRANSPORTATION OF HOUSEHOLD GOODS OR HOUSE TRAILERS UNDER ORDERS ISSUED ON OR AFTER 1 OCTOBER 1949, A MEMBER OR FORMER MEMBER OF THE UNIFORMED SERVICES WHO WOULD HAVE BEEN ENTITLED TO TRAVEL OR TRANSPORTATION ALLOWANCES UNDER THE REGULATIONS APPLICABLE AT THE TIME THE TRAVEL OR TRANSPORTATION WAS PERFORMED HAD SUBPAR. (2) THEN BEEN IN EFFECT, WILL BE ENTITLED TO PAYMENT, OR REPAYMENT, OF SUCH ALLOWANCES, IF OTHERWISE PROPER, AND CLAIM THEREFOR IS SUBMITTED WITHIN 1 YEAR AFTER 23 DECEMBER 1963. CLAIMS WILL BE PROCESSED AND PAID IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED.'

UNDER THE ACT AND IMPLEMENTING REGULATIONS, A MEMBER IS ENTITLED TO THE TRANSPORTATION ALLOWANCE FOR HIS TRAVEL AND HIS DEPENDENTS' TRAVEL UPON A SHOWING THAT SUCH TRAVEL WAS PERFORMED BEFORE THE EFFECTIVE DATE OF THE ORDERS DIRECTING HIM TO MAKE A CHANGE OF STATION WHICH ARE LATER CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO HIS STATION FROM WHICH HE WAS BEING TRANSFERRED, OR THE ORDERS ARE MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION. SINCE IT APPEARS THAT YOUR CLAIM FOR YOUR TRAVEL AND YOUR DEPENDENTS' TRAVEL FALLS WITHIN THE PURVIEW OF THE ACT AND THE REGULATIONS, IT IS PROPERLY FOR ALLOWANCE.

WITH RESPECT, HOWEVER, TO THAT PORTION OF YOUR CLAIM FOR DISLOCATION ALLOWANCE, THE ACT OF DECEMBER 23, 1963, DOES NOT PROVIDE FOR THE PAYMENT OF A DISLOCATION ALLOWANCE UNDER 37 U.S.C. 407, WHICH PROVIDES THE BASIC AUTHORITY FOR THE PAYMENT OF THE DISLOCATION ALLOWANCE, AS IT EXPRESSLY DOES FOR PAYMENT OF ALLOWANCES FOR TRAVEL AND TRANSPORTATION UNDER SECTIONS 404, 406 AND 409. FOR THIS REASON, AND SINCE THE LAW HAS NOT BEEN OTHERWISE CHANGED TO AUTHORIZE PAYMENT OF DISLOCATION ALLOWANCE IN CIRCUMSTANCES SIMILAR TO THOSE PRESENTED IN YOUR CLAIM, THERE IS NO BASIS TO ALLOW THAT PART OF YOUR CLAIM FOR DISLOCATION ALLOWANCE.

ACCORDINGLY, SETTLEMENT WILL ISSUE IN DUE COURSE FOR THE AMOUNT FOUND DUE FOR YOUR TRAVEL AND TRANSPORTATION OF YOUR DEPENDENTS FROM FORT ORD, CALIFORNIA, TO SAN DIEGO, CALIFORNIA, AND RETURN.