B-156038, MAR. 1, 1965, 44 COMP. GEN. 522

B-156038, MAR. 1, 1965, 44 COMP. GEN. 522

TRANSPORTATION - DEFENDENTS - MILITARY PERSONNEL - DISLOCATION ALLOWANCE - ORDERS AMENDED OR REVOKED - EFFECT OF PUBLIC LAW 88-238 THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO THE TRANSPORTATION OF THE DEPENDENTS OF A MEMBER OF THE ARMED SERVICES WHOSE ORDERS DIRECTING HIM TO REPORT TO A PORT OF EMBARKATION FOR ASSIGNMENT OVERSEAS WERE REVOKED WHEN IT BECAME NECESSARY TO RETURN MEMBER FOR EXTENSIVE HOSPITALIZATION TO THE STATION FROM WHICH HE WAS TRANSFERRED, MAY NOT BE CONSIDERED AS COMING WITHIN THE PROVISIONS OF THE ACT OF DECEMBER 23, 1963, WHICH SPECIFIES THAT A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER 37 U.S.C. 404 AND TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS UNDER 37 U.S.C. 406 AND 409, IF OTHERWISE QUALIFIED, FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS DIRECTING A CHANGE OF STATION THAT ARE LATER CANCELED, REVOKED, OR MODIFIED.

TO MAJOR IRVING G. CARTHEW, MARCH 1, 1965:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1964, TO THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING THE DISALLOWANCE OF YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO THE TRAVEL OF YOUR DEPENDENTS UNDER ORDERS DATED FEBRUARY 24, 1960, WHICH WERE REVOKED JULY 7, 1960.

BY THE ORDERS OF FEBRUARY 24, 1960, YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, AND ASSIGNED TO THE OVERSEAS REPLACEMENT STATION, OAKLAND, CALIFORNIA, FOR FURTHER ASSIGNMENT TO THE UNITED STATES ARMY, PACIFIC (KOREA), WITH INSTRUCTION TO REPORT TO THE PORT OF EMBARKATION NOT LATER THAN JULY 11, 1960, YOU AND YOUR DEPENDENTS TRAVELED FROM THE PRESIDIO OF SAN FRANCISCO TO SACRAMENTO, CALIFORNIA, WHERE YOU ESTABLISHED A PERMANENT RESIDENCE FOR YOUR DEPENDENTS. BECAUSE OF THE UNEXPECTED NEED FOR EXTENSIVE HOSPITALIZATION THAT AROSE WHILE YOU WERE ON LEAVE AT SACRAMENTO, YOUR ORDERS DATED FEBRUARY 24, 1960, OUR CLAIMS DIVISION ALLOWED MILEAGE FOR YOUR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO MATHER AIR FORCE BASE, CALIFORNIA, AND REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS FROM CORTE MADERA, CALIFORNIA, TO SACRAMENTO, CALIFORNIA, UNDER THE ACT OF DECEMBER 23, 1963, PUBLIC LAW 88-238, 77 STAT. 475, 37 U.S.C. 406A, BUT DISALLOWED YOUR CLAIM FOR A DISLOCATION ALLOWANCE.

THE ACT OF DECEMBER 23, 1963, PROVIDES THAT A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER 37 U.S.C. 404 AND TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS UNDER 37 U.S.C. 406 AND 409, 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 CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED, OR MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION. THE DISLOCATION ALLOWANCE, HOWEVER, IS AUTHORIZED BY SECTION 407 OF TITLE 37 OF THE UNITED STATES CODE AND, HENCE, DOES NOT COME WITHIN THE PROVISIONS OF THE ACT OF DECEMBER 23, 1963. FOR THIS REASON, AND SINCE THE LAW HAS NOT OTHERWISE BEEN CHANGED TO AUTHORIZE THE PAYMENT OF A DISLOCATION ALLOWANCE IN CIRCUMSTANCES SIMILAR TO THOSE PRESENTED IN YOUR CLAIM, THAT PART OF THE SETTLEMENT OF NOVEMBER 2, 1960, DISALLOWING YOUR CLAIM FOR DISLOCATION ALLOWANCE WAS CORRECT AND IS SUSTAINED.