B-155571, DEC. 28, 1964

B-155571, DEC. 28, 1964

TO THE HONORABLE, THE SECRETARY OF THE NAVY:

FURTHER REFERENCE IS MADE TO LETTER OF OCTOBER 30, 1964, FROM THE UNDER SECRETARY OF THE NAVY REQUESTING A DECISION WHETHER A DISLOCATION ALLOWANCE IS PAYABLE UNDER THE CIRCUMSTANCES IN THE CASE OF GEORGE T. KENNEDY, JR., 575 82 13, DTC, USN, AND IN SIMILAR SITUATIONS. THE REQUEST WAS ASSIGNED CONTROL NO. 64-36 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS DATED SEPTEMBER 12, 1962, MR. KENNEDY WAS TRANSFERRED FROM U.S. NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, TO U.S. NAVAL RECEIVING STATION, BROOKLYN, NEW YORK, FOR FURTHER TRANSFER TO HOLY LOCH, SCOTLAND, AND FOR DUTY ON THE U.S.S. PROTEUS (AS-19), THE HOME PORT OF WHICH WAS HOLY LOCH, SCOTLAND, AND THE HOME YARD, CHARLESTON, SOUTH CAROLINA. ON THE BASIS OF THOSE ORDERS THE MEMBER REQUESTED ENTRY APPROVAL OF HIS DEPENDENTS INTO THE HOLY LOCH AREA. THE REQUEST WAS DENIED FOR THE REASON THAT THE PROTEUS WAS SCHEDULED FOR A CHANGE OF HOME PORT FROM HOLY LOCH TO CHARLESTON, SOUTH CAROLINA, ON MARCH 12, 1963, OR LESS THAN 12 MONTHS AFTER THE DEPENDENTS WOULD ARRIVE AT THE OVERSEAS STATION AND PARAGRAPH 7005-4 OF THE JOINT TRAVEL REGULATIONS PROHIBITS DEPENDENT TRAVEL TO OVERSEAS POINTS IN SUCH CASES. CONSEQUENTLY, HIS DEPENDENTS TRAVELED FROM CHICAGO, ILLINOIS, TO DOVER, NEW HAMPSHIRE, A DESIGNATED PLACE, SEPTEMBER 14 TO 22, 1962, AND HE WAS REIMBURSED FOR THAT TRAVEL IN THE AMOUNT OF $51.24 AND PAID A DISLOCATION ALLOWANCE OF $96.90.

BY ORDERS DATED DECEMBER 7, 1962, MR. KENNEDY WAS TRANSFERRED FROM THE PROTEUS TO THE U.S.S. HUNLEY (AS-31), ALSO AT HOLY LOCH, AND DIRECTED TO REPORT NOT LATER THAN FEBRUARY 15, 1963. AS IN THE CASE OF THE PROTEUS, THE HOME PORT OF THE HUNLEY WAS HOLY LOCH, SCOTLAND, AND THE HOME YARD CHARLESTON, SOUTH CAROLINA. ON THE BASIS OF THOSE ORDERS KENNEDY APPLIED ON DECEMBER 7, 1962, FOR TRANSPORTATION OF HIS DEPENDENTS TO THE HOLY LOCH AREA. THIS APPLICATION WAS APPROVED AND THE DEPENDENTS TRAVELED FROM DOVER, NEW HAMPSHIRE, TO GOUROCK, RENFREWSHIRE, SCOTLAND, JANUARY 27 TO 31, 1963. GOVERNMENT TRANSPORTATION WAS FURNISHED FOR THE OCEAN TRAVEL. MR. KENNEDY WAS PAID A DISLOCATION ALLOWANCE INCIDENT TO THIS MOVEMENT. SINCE THIS WAS A SECOND DISLOCATION ALLOWANCE IN THE SAME FISCAL YEAR, THE PAYMENT WAS CERTIFIED BY THE BUREAU OF NAVAL PERSONNEL ON APRIL 3, 1962, ON A SECRETARY OF THE NAVY FINDING AS REQUIRED BY PARAGRAPH 9003 8 OF THE JOINT TRAVEL REGULATIONS.

WE TOOK EXCEPTION TO PAYMENT OF THE SECOND DISLOCATION ALLOWANCE ON THE BASIS THAT IT WAS PROHIBITED BY PARAGRAPH 9002-2 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT WHEN DEPENDENTS ARE MOVED TO A DESIGNATED PLACE THE DISLOCATION ALLOWANCE WILL BE PAYABLE UPON COMPLETION OF TRAVEL TO THE DESIGNATED PLACE AND NO FURTHER ENTITLEMENT TO THIS ALLOWANCE WILL ACCRUE FOR THAT PERMANENT CHANGE OF STATION. COLLECTION OF THE AMOUNT PAID WAS MADE INMR. KENNEDY'S PAY ACCOUNT.

IN REPLY TO THE EXCEPTION THE DISBURSING OFFICER STATED THAT HE MADE THE PAYMENT UNDER THE TRAVEL ORDERS OF DECEMBER 7, 1962, WHICH ENTAILED A PERMANENT CHANGE OF STATION FROM A RESTRICTED TO AN UNRESTRICTED STATION. THE UNDER SECRETARY EXPRESSES THE VIEW THAT ON THAT BASIS AND IN CONSIDERATION OF THE LAST SENTENCE OF PARAGRAPH 9002 2, JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT THE ALLOWANCE IS PAYABLE FOR SUBSEQUENT TRAVEL PERFORMED TO AN OVERSEAS POINT WHEN FURTHER PERMANENT CHANGE OF STATION ORDERS ARE ISSUED, THE DISLOCATION ALLOWANCE PAYMENT WAS PROPER.

UNDER THE PERTINENT STATUTE, 37 U.S.C. 406, AND THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT THERETO, A DULY AUTHORIZED PERMANENT CHANGE OF STATION FIXES A MEMBER'S RIGHT TO TRANSPORTATION OF HIS DEPENDENTS AND HOUSEHOLD EFFECTS, WITHIN PRESCRIBED LIMITATIONS, FROM THE OLD PERMANENT STATION TO THE NEW, OR AS OTHERWISE PROVIDED. SECTION 411 (D) OF TITLE 37 PROVIDES IN PERTINENT PART THAT THE SECRETARY CONCERNED SHALL DEFINE THE WORDS "PERMANENT STATION," WHICH DEFINITION SHALL INCLUDE A SHORE STATION OR THE HOME YARD OR HOME PORT OF A VESSEL TO WHICH A MEMBER OF THE UNIFORMED SERVICES MAY BE ORDERED, AND THAT AN AUTHORIZED CHANGE IN THE HOME YARD OR HOME PORT OF SUCH A VESSEL IS A CHANGE OF PERMANENT STATION.

A PERMANENT STATION IS DEFINED IN PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. PARAGRAPH 7063 OF THE REGULATIONS PROVIDES THAT UPON TRANSFER BETWEEN VESSELS A MEMBER IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM THE OLD HOME YARD OR OLD HOME PORT TO THE NEW HOME YARD OR HOME PORT. PARAGRAPH 7063 OF THE JOINT TRAVEL REGULATIONS, HOWEVER, IS NOT APPLICABLE TO TRANSFERS BETWEEN VESSELS HAVING THE SAME HOME YARD AND HOME PORT. DECISION OF MARCH 31, 1964, B-153355, 43 COMP. GEN. 639, IT WAS HELD THAT PRESENT LAW DOES NOT AUTHORIZE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE INCIDENT TO A MEMBER'S TRANSFER FROM SEA DUTY TO SEA DUTY WHEN THE VESSELS INVOLVED HAVE IDENTICAL HOME YARDS AND HOME PORTS SINCE, IN SUCH CASE, THERE IS NO CHANGE OF STATION SO FAR AS TRANSPORTATION OF DEPENDENTS IS CONCERNED. THUS, THE ORDERS OF DECEMBER 7, 1962, WERE WITHOUT EFFECT SO FAR AS TRANSPORTATION OF DEPENDENTS IS CONCERNED.

PARAGRAPH 7005-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN, AS IN MR. KENNEDY'S CASE, A MEMBER IS ASSIGNED BY PERMANENT CHANGE OF STATION ORDERS TO A RESTRICTED AREA AND THE OLD DUTY STATION IS IN THE UNITED STATES, HE WILL BE ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS TO ANY PLACE IN THE UNITED STATES HE MAY DESIGNATE. PARAGRAPH 7005-4 OF THE REGULATIONS PROVIDES THAT WHEN THE RESTRICTION AGAINST TRAVEL OF DEPENDENTS TO THE MEMBER'S PERMANENT DUTY STATION IS REMOVED, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE LOCATION TO WHICH THEY WERE MOVED UNDER SUBPARAGRAPH 2 TO THE DUTY STATION. THE ORDERS OF DECEMBER 7, 1962, HAD THE EFFECT OF REMOVING THE RESTRICTION ON TRAVEL OF MR. KENNEDY'S DEPENDENTS TO HOLY LOCH AND, HENCE, THEIR TRANSPORTATION TO THAT POINT WAS AUTHORIZED UNDER SUCH PROVISIONS.

SINCE, HOWEVER, PARAGRAPH 9002-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN DEPENDENTS ARE MOVED TO A DESIGNATED PLACE THE DISLOCATION ALLOWANCE WILL BE PAYABLE UPON COMPLETION OF TRAVEL TO THE DESIGNATED PLACE AND NO FURTHER ENTITLEMENT WILL ACCRUE FOR THAT PERMANENT CHANGE OF STATION, THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO THEIR MOVEMENT FROM THE DESIGNATED PLACE TO HOLY LOCH WAS NOT AUTHORIZED.