B-155603, JAN. 27, 1965

B-155603: Jan 27, 1965

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TRIPICIAN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 2. YOU WERE RELIEVED FROM ASSIGNMENT AT THAT STATION AND WERE REASSIGNED TO STUDENT DETACHMENT. THIRTY DAYS' DELAY CHARGEABLE AS LEAVE WAS AUTHORIZED AND THE TRANSFER WAS DESIGNATED AS A PERMANENT CHANGE OF STATION. WAS RECEIVED AT FIRST ARMY HEADQUARTERS. SPECIAL ORDERS NO. 222 WAS AMENDED BY PARAGRAPH 3. YOUR RESIGNATION FROM YOUR REGULAR ARMY COMMISSION WAS ACCEPTED UPON EXECUTION OF OATH OF OFFICE OF A U.S. YOU WERE DIRECTED TO PROCEED TO YOUR HOME AT PLEASANTVILLE. OR THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. THIS ORDER WAS ALSO DESIGNATED AS A PERMANENT CHANGE OF STATION. WHICH AMOUNT WAS COLLECTED FROM YOU ON YOUR FINAL PAY VOUCHER.

B-155603, JAN. 27, 1965

TO MR. PHILIP A. TRIPICIAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 2, 1964, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF OCTOBER 22, 1964, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF CHECK AGE ON ACCOUNT OF DISLOCATION ALLOWANCE INCIDENT TO YOUR RETURN FROM OVERSEAS PURSUANT TO ORDERS OF OCTOBER 8, 1963, AS AMENDED.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 222, HEADQUARTERS, UNITED STATES ARMY, SOUTHERN EUROPEAN TASK FORCE, APO 168, DATED OCTOBER 8, 1963, YOU WERE RELIEVED FROM ASSIGNMENT AT THAT STATION AND WERE REASSIGNED TO STUDENT DETACHMENT, UNITED STATES ARMY SIGNAL CENTER AND SCHOOL, FORT MONMOUTH, NEW JERSEY, TO ATTEND A COURSE IN EXCESS OF 20 WEEKS, REPORTING NOT LATER THAN JANUARY 8, 1964. THIRTY DAYS' DELAY CHARGEABLE AS LEAVE WAS AUTHORIZED AND THE TRANSFER WAS DESIGNATED AS A PERMANENT CHANGE OF STATION. ON DECEMBER 19, 1963, DEPARTMENT OF THE ARMY MESSAGE 20484, WAS RECEIVED AT FIRST ARMY HEADQUARTERS, NEW YORK, NEW YORK, GRANTING AUTHORITY TO DIVERT YOU TO FORT HAMILTON, NEW YORK, FOR SEPARATION. PARAGRAPH 2, SPECIAL ORDERS NO. 222 WAS AMENDED BY PARAGRAPH 3, SPECIAL ORDERS NO. 247, HEADQUARTERS, FIRST UNITED STATES ARMY, NEW YORK, NEW YORK, DATED DECEMBER 20, 1963, TO ASSIGN YOU TO THE U.S. ARMY GARRISON, FORT HAMILTON, BROOKLYN, NEW YORK. PARAGRAPH 1, SPECIAL ORDERS NO. 9, HEADQUARTERS, FORT HAMILTON, BROOKLYN, NEW YORK, DATED JANUARY 9, 1964, AS AMENDED BY PARAGRAPH 4, SPECIAL ORDERS NO. 13, FROM THE SAME HEADQUARTERS, DATED JANUARY 14, 1964, ASSIGNED YOU TO DUTY (PRINCIPAL DUTY) AS ASSISTANT DIRECTOR OF LOG S4/4010) FOR SIGNAL ACTIVITY. BY PARAGRAPH 194, SPECIAL ORDERS NO. 15, HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED JANUARY 17, 1964, YOUR RESIGNATION FROM YOUR REGULAR ARMY COMMISSION WAS ACCEPTED UPON EXECUTION OF OATH OF OFFICE OF A U.S. ARMY RESERVE COMMISSION. YOU WERE DIRECTED TO PROCEED TO YOUR HOME AT PLEASANTVILLE, NEW JERSEY, OR THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY,WEST POINT, NEW YORK. THIS ORDER WAS ALSO DESIGNATED AS A PERMANENT CHANGE OF STATION.

DISLOCATION ALLOWANCE IN THE AMOUNT OF $130.05 HAD BEEN PAID TO YOU INCIDENT TO THE ORDERS OF OCTOBER 8, 1963, AS AMENDED, WHICH AMOUNT WAS COLLECTED FROM YOU ON YOUR FINAL PAY VOUCHER. IT WAS ADMINISTRATIVELY REPORTED THAT YOU WERE NOT ENTITLED TO A DISLOCATION ALLOWANCE BECAUSE AS A RESULT OF YOUR SUBMITTING A LETTER OF RESIGNATION PRIOR TO YOUR PERMANENT CHANGE OF STATION, DEPARTMENT OF THE ARMY MESSAGE 20484, DATED DECEMBER 19, 1963, GRANTED AUTHORITY TO FIRST ARMY HEADQUARTERS, NEW YORK, NEW YORK, TO DIVERT YOU TO FORT HAMILTON, NEW YORK, FOR SEPARATION. ACCORDINGLY, ORDERS OF DECEMBER 20, 1963, AS AMENDED, WERE ISSUED TRANSFERRING YOU TO FORT HAMILTON, NEW YORK, FOR THE EXPRESS PURPOSE OF AWAITING APPROVAL OF YOUR RESIGNATION.

IN YOUR LETTER CLAIMING REFUND OF THE DISLOCATION ALLOWANCE COLLECTED FROM YOU, YOU STATED THAT THE ORDERS TO FORT HAMILTON ASSIGNED YOU TO A SPECIFIC DUTY THERE AND YOU HAD SET UP HOUSEKEEPING IN THE AREA. SETTLEMENT DATED OCTOBER 22, 1964, YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED THERE. IN YOUR LETTER OF NOVEMBER 2, 1964, REQUESTING RECONSIDERATION OF YOUR CLAIM, YOU STATED THAT A PERMANENT CHANGE OF STATION WAS AUTHORIZED FROM APO 168 TO FORT HAMILTON, NEW YORK, AND YOUR FINAL MOVE WAS FROM THAT STATION TO HOME. YOU STATED FURTHER THAT ORDERS FROM FORT HAMILTON, DATED JANUARY 9 AND 14, 1964, INDICATED THAT THE DUTY ASSIGNMENT WAS NOT TEMPORARY AND YOU HAD SECURED QUARTERS AND INCURRED COSTS INCIDENT TO THAT ASSIGNMENT.

THE PERTINENT STATUTE, 37 U.S.C. 407, AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION, BUT EXPRESSLY PROVIDES THAT A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HOME TO FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME. PARAGRAPH 9003-4, JOINT TRAVEL REGULATIONS, PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE, RELEASE FROM ACTIVE DUTY, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, OR RETIREMENT.

WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE AND, WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT--- PARTICULARLY AS TO ITS DURATION, THE NATURE OF THE DUTY ENJOINED, ETC. 24 COMP. GEN. 776; 670; 33 ID. 98. THE RECORD INDICATES THAT PRIOR TO THE RECEIPT OF ORDERS OF OCTOBER 8, 1963, YOU HAD SUBMITTED YOUR LETTER OF RESIGNATION AND AT THE TIME YOU WERE ON LEAVE EN ROUTE TO FORT MONMOUTH, NEW JERSEY, THE FIRST ARMY HEADQUARTERS RECEIVED AUTHORITY TO TRANSFER YOU TO FORT HAMILTON, NEW YORK, FOR SEPARATION PENDING APPROVAL OF YOUR RESIGNATION. HENCE, WHEN YOU REPORTED FOR DUTY AT FORT HAMILTON, THE DEPARTMENT OF THE ARMY WAS PROCESSING YOUR APPLICATION FOR RESIGNATION AND, THEREFORE, YOUR ASSIGNMENT TO THAT STATION WAS FOR THE SHORT PERIOD WHILE AWAITING SUCH APPROVAL. THUS, FORT HAMILTON MUST BE REGARDED AS AN INTERMEDIATE STATION AND THE PERMANENT CHANGE OF STATION WAS FROM OVERSEAS TO YOUR HOME OF RECORD, INCIDENT TO WHICH THE TRAVEL OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE WAS AUTHORIZED. THE STATUTE AND REGULATIONS BAR THE PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER UPON ORDERS FROM LAST DUTY STATION TO HOME. HENCE, NO RIGHT TO SUCH ALLOWANCE ACCRUED INCIDENT TO YOUR TRANSFER UNDER ORDERS OF OCTOBER 8, 1963, AS AMENDED. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED.