B-155864, FEB. 19, 1965, 44 COMP. GEN. 507

B-155864: Feb 19, 1965

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THE PAYMENT OF DISLOCATION ALLOWANCE IS ACCOMPLISHED ON CHANGE OF HOME PORT CERTIFICATE. ARE ENTITLED TO THE SUBMARINE PAY PRESCRIBED BY 37 U.S.C. 301 (A) (2) FOR THE PERIOD OF THEIR TRAVEL TO THE NEW HOME PORT. ORDERS MAY RECITE THAT THE OFF -CREW MEMBERS ARE NOT DETACHED FROM THE SUBMARINE AND THAT TRAVEL INCIDENT TO CHANGE IN HOME PORT IS PERFORMED IN A TRAINING AND REHABILITATION STATUS. 1965: FURTHER REFERENCE IS MADE TO LETTER OF DECEMBER 28. THE REQUEST WAS ASSIGNED SUBMISSION NO. THE ASSISTANT SECRETARY STATES THAT PERMANENT CHANGE OF STATION ORDERS WERE ISSUED TO THE MEMBERS OF THE OFF-CREW TO ACCOMMODATE THE SPECIAL NECESSITIES IMPOSED BY A CHANGE OF HOME PORT OF A TWO-CREW NUCLEAR SUBMERSIBLE.

B-155864, FEB. 19, 1965, 44 COMP. GEN. 507

PAY - SUBMARINE DUTY - OFF-CREW TRAVEL TO NEW HOME PORT THE OFF-CREW MEMBERS OF A TWO-CREW NUCLEAR-POWERED SUBMARINE WHO TRAVEL BY MEANS OTHER THAN THE SUBMARINE UNDER CHARGE OF HOME PORT ORDERS THAT MAKE NO REFERENCE TO THE CONTINUED ATTACHMENT OF THE MEMBERS OF THE SUBMARINE, OR TO THEIR CONTINUING OFF-CREW STATUS FOR TRAINING AND REHABILITATION, WHERE THE MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS, AND THE PAYMENT OF DISLOCATION ALLOWANCE IS ACCOMPLISHED ON CHANGE OF HOME PORT CERTIFICATE, ARE ENTITLED TO THE SUBMARINE PAY PRESCRIBED BY 37 U.S.C. 301 (A) (2) FOR THE PERIOD OF THEIR TRAVEL TO THE NEW HOME PORT, THE CONTINUED OPERATION OF THE SUBMARINE REQUIRING THE MOVEMENT OF THE OFF -CREW AS WELL AS THE ON-CREW MEMBERS TO THE NEW HOME PORT, AND THE TRAVEL NOT TERMINATING THE REHABILITATION AND TRAINING STATUS OF THE MEMBERS FOR SUBMARINE PAY PURPOSES, AND, IN THE FUTURE, ORDERS MAY RECITE THAT THE OFF -CREW MEMBERS ARE NOT DETACHED FROM THE SUBMARINE AND THAT TRAVEL INCIDENT TO CHANGE IN HOME PORT IS PERFORMED IN A TRAINING AND REHABILITATION STATUS.

TO THE SECRETARY OF THE NAVY, FEBRUARY 19, 1965:

FURTHER REFERENCE IS MADE TO LETTER OF DECEMBER 28, 1964, FROM THE ASSISTANT SECRETARY OF THE NAVY IN EFFECT REQUESTING A DECISION AS TO THE ENTITLEMENT TO SUBMARINE DUTY PAY OF MEMBERS OF THE OFF-CREW OF A NUCLEAR- POWERED SUBMARINE WHILE TRAVELING BY OTHER MEANS THAN THE SUBMARINE IN CONNECTION WITH A CHANGE OF THE HOME PORT OF THE VESSEL FROM NEW LONDON, CONNECTICUT, TO PEARL HARBOR, HAWAII. THE REQUEST WAS ASSIGNED SUBMISSION NO. SS-N-824 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY STATES THAT PERMANENT CHANGE OF STATION ORDERS WERE ISSUED TO THE MEMBERS OF THE OFF-CREW TO ACCOMMODATE THE SPECIAL NECESSITIES IMPOSED BY A CHANGE OF HOME PORT OF A TWO-CREW NUCLEAR SUBMERSIBLE. IT IS STATED FURTHER THAT IN RECOGNITION OF THESE SPECIAL NECESSITIES, THIS MODE OF MOVEMENT OF OFF-CREW PERSONNEL WAS APPROVED AND PRESCRIBED BY COMPETENT AUTHORITIES WITHIN THE DEPARTMENT OF THE NAVY THROUGH IMPLEMENTING DIRECTIVES, AND THAT THESE DIRECTIVES AND THE ORDERS ISSUED UNDER THEIR AUTHORITY STATE EXPRESSLY THAT THE MOVEMENT OF DEPENDENTS, HOUSEHOLD EFFECTS, AND DISLOCATION PAYMENTS WOULD BE ACCOMPLISHED ON CHANGE OF HOME PORT CERTIFICATE AND NOT ON THE PERMANENT CHANGE OF STATION ORDERS. PROCEED TIME WAS NOT AUTHORIZED IN CONNECTION WITH THE ORDERS; TIME, OTHER THAN TRAVEL TIME, BETWEEN DEPARTURE FROM GROTON, CONNECTICUT, AND TIME OF REPORTING TO THE PORT OF EMBARKATION AS ORDERED BY THE DISTRICT PASSENGER TRANSPORTATION OFFICE, TWELFTH NAVAL DISTRICT, WAS CONSIDERED AS DELAY IN REPORTING AND CHARGED AS LEAVE, AND TRAVEL ALLOWANCES FOR OFF-CREW MEMBERS WERE INTENDED.

IT IS REPORTED THAT THE NAVY REGIONAL FINANCE CENTER AT PEARL HARBOR TAKES THE POSITION THAT WHEN THE OFF-CREW MEMBERS ENTER INTO A TRAVEL STATUS WITH ENTITLEMENT TO TRAVEL ALLOWANCES THEY NO LONGER ARE IN A STATUS OF TRAINING AND REHABILITATION FOR SUBMARINE DUTY PAY PURPOSES WITHIN THE MEANING OF 37 U.S.C. 301 (A) (2) WHICH AUTHORIZES HAZARDOUS (SUBMARINE) DUTY PAY FOR "DUTY * * * AS DETERMINED BY THE SECRETARY CONCERNED, ON A SUBMARINE (INCLUDING, IN THE CASE OF NUCLEAR POWERED SUBMARINES, PERIODS OF TRAINING AND REHABILITATION AFTER ASSIGNMENT THERETO).' THE ASSISTANT SECRETARY STATES, HOWEVER, THAT THE OFF-CREW MEMBERS WERE ATTACHED TO THE SUBMARINE BEFORE THE CHANGE OF HOME PORT AND THAT THERE WAS NO INTENTION IN CONNECTION WITH THE MOVE TO DETACH THOSE MEMBERS FROM THE SUBMARINE. THEREFORE, HE EXPRESSES THE BELIEF THAT SO LONG AS THIS CREW REMAINS ATTACHED TO THE SUBMARINE, ENTITLEMENT TO SUBMARINE DUTY PAY IS INTENDED TO CONTINUE, SUBJECT TO TWO AREAS OF EXCEPTION; PERIODS OF LEAVE IN EXCESS OF 30 DAYS AND PERIODS OF TEMPORARY ADDITIONAL DUTY IN EXCESS OF 15 DAYS WHEN THE ORDERS DO NOT CLEARLY STATE THAT SUCH TEMPORARY DUTY IS IN CONNECTION WITH SUBMARINE TRAINING OR REHABILITATION. THIS VIEW, THE ASSISTANT SECRETARY URGES, IS IN KEEPING WITH THE TWO-CREW SUBMARINE PAY CONCEPT WHICH PUBLIC LAW 86-635, 37 U.S.C. 235 (A) (2) (SUPP. II, 1959-60), RECOGNIZED AND CONFIRMED, AND THAT TO ASSUME THAT ENTRY INTO A TRAVEL STATUS WITH ENTITLEMENT TO TRAVEL ALLOWANCES RESULTS IN LOSS OF SUBMARINE DUTY PAY IGNORES THE ADMINISTRATIVE AND OPERATIONAL REALITY THAT THE MEMBER IS ATTACHED TO THE NUCLEAR SUBMERSIBLE AS PART OF ITS OFF-CREW.

WITH RESPECT TO THE ORDERS UNDER WHICH THE OFF-CREW MADE THE MOVE TO PEARL HARBOR, THE ASSISTANT SECRETARY STATES THAT THESE ORDERS CONTAINED NO RECITAL WITH REFERENCE TO THE CONTINUING ATTACHMENT OF THE MEMBERS AS CREW MEMBERS OF THE NUCLEAR-POWERED TWO-CREW SUBMARINE OR THEIR CONTINUING OFF-CREW STATUS FOR PURPOSES OF TRAINING AND REHABILITATION BUT, THAT SHOULD THIS OFFICE DECIDE IT IS FREE FROM LEGAL OBJECTION, LANGUAGE TO THAT EFFECT MAY BE INCLUDED IN FUTURE SIMILAR

THE ORDERS UNDER WHICH THE MOVE OF THE OFF-CREW MEMBERS WAS ACCOMPLISHED PROVIDED IN MATERIAL PART AS FOLLOWS:

SUBJ: PSC ORDERS INCIDENT TO CHANGE OF HOME PORT

REF: (A) CNO MSG DTG 132028Z MAY 64

(B) BUPERS LTR PERS-B154-EJ OF 8 JUL 63 AS MODIFIED 29 OCT 63

(C) COMSUBLANT INST 1300.3

1. IN ACCORDANCE WITH THE PROVISIONS OF REFERENCES (A), (B) AND (C), YOU ARE HEREBY ORDERED FROM GROTON, CONNECTICUT TO THE PORT OF EMBARKATION ORDERED BY THE DISTRICT PASSENGER TRANSPORTATION OFFICE, TWELFTH NAVAL DISTRICT, INCIDENT TO THE CHANGE OF HOME PORT OF USS TECUMSEH (SSBN628) FROM NEW LONDON, CONNECTICUT TO PEARL HARBOR, HAWAII EFFECTIVE 1 AUGUST 1964.

2. MOVEMENT OF DEPENDENTS, HOUSEHOLD EFFECTS, AND DISLOCATION ALLOWANCE PAYMENT WILL BE ACCOMPLISHED ON YOUR CHANGE OF HOME PORT CERTIFICATE AND NOT ON THESE ORDERS.

THE ORDERS ARE DESIGNATED AS PERMANENT CHANGE OF STATION ORDERS. THEY DO NOT, HOWEVER, DISTURB THE ATTACHMENT OF THE MEMBERS TO THE SUBMARINE OR DETACH THEM FROM TRAINING AND REHABILITATION AND PLAINLY HAVE REFERENCE ONLY TO THE PERMANENT CHANGE OF STATION RESULTING FROM THE CHANGE OF HOME PORT. IN SUCH CIRCUMSTANCES AND SINCE THE MOVEMENT OF THE OFF-CREW TO THE NEW HOME PORT WOULD APPEAR TO BE AS ESSENTIAL TO THE CONTINUED OPERATION OF THE SUBMARINE AS THE MOVEMENT OF THE ON CREW WE BELIEVE THE ORDERS ARE TO BE VIEWED AS SIMPLY EFFECTING A RELOCATION OF THE OFF-CREW TO THE NEW HOME PORT. WE SEE NO REASON WHY THE TRAVEL FOR SUCH RELOCATION PURPOSES SHOULD BE VIEWED AS TERMINATING THE REHABILITATION AND TRAINING DUTY STATUS OF THE MEMBERS FOR SUBMARINE DUTY PAY PURPOSES WHEN SUCH TRAVEL BY THE ONBOARD CREW FOR THE SAME PURPOSE DOES NOT TERMINATE THEIR ENTITLEMENT TO SUBMARINE PAY. AS INDICATED ABOVE, 37 U.S.C. 301 (A) (2) AUTHORIZES THE SECRETARY OF THE NAVY TO DETERMINE THE DUTIES PERFORMED DURING PERIODS OF TRAINING AND REHABILITATION WHICH WILL CREATE ENTITLEMENT TO SUBMARINE PAY AND THE COMMENTS IN THE ASSISTANT SECRETARY'S LETTER INDICATE A VIEW ON THE PART OF THE SECRETARY OF THE NAVY THAT PERIODS OF TRAVEL REQUIRED TO RELOCATE THE OFF-CREW OF A NUCLEAR-POWERED SUBMARINE INCIDENT TO A CHANGE IN ITS HOME PORT PROPERLY ARE TO BE VIEWED AS PERIODS OF TRAINING AND REHABILITATION FOR SUBMARINE PAY PURPOSES.

ACCORDINGLY, WE ARE NOT REQUIRED TO OBJECT TO PAYMENT OF SUBMARINE PAY TO THE OFF-CREW MEMBERS DURING THE PERIOD OF TRAVEL REQUIRED TO EFFECT THEIR RELOCATION INCIDENT TO THE CHANGE IN HOME PORT UNDER THE ORDERS CONCERNED. SHOULD YOU DEEM IT ADVISABLE TO DO SO A RECITAL THAT THE OFF- CREW MEMBERS ARE NOT DETACHED FROM THE SUBMARINE AND THAT TRAVEL IS PERFORMED IN A TRAINING AND REHABILITATION STATUS MAY BE INCLUDED IN THE ORDERS IN FUTURE SIMILAR CASES.