B-156654, MAY 28, 1965

B-156654: May 28, 1965

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FOX: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 12. BY THOSE ORDERS YOU WERE REASSIGNED FROM THE HEADQUARTERS AND HEADQUARTERS COMPANY. YOU SAY THAT WHEN YOU RECEIVED THESE ORDERS YOUR WIFE AND SON WHO WERE LIVING IN COPENHAGEN. WHILE YOU WERE ON LEAVE IN FRANCE YOU APPLIED FOR QUARTERS AND SHIPMENT OF HOUSEHOLD GOODS FROM THE CONTINENTAL UNITED STATES. IT IS REPORTED THAT THE HOUSEHOLD GOODS YOU ORIGINALLY HAD SHIPPED FROM THE CONTINENTAL UNITED STATES TO TOUL. WERE SHIPPED FROM THERE TO COPENHAGEN. PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO OTHERWISE AUTHORIZED TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR ANY TRAVEL TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE.

B-156654, MAY 28, 1965

TO MAJOR FRANCIS E. FOX:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 12, 1965, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED MARCH 9, 1965, WHICH DISALLOWED YOUR CLAIM FOR RELIEF FROM AN ADMINISTRATIVE EXCEPTION TO THE PAYMENT OF DISLOCATION ALLOWANCE, TEMPORARY LODGING ALLOWANCE AND REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENTS PURSUANT TO SPECIAL ORDERS 124 DATED MAY 13, 1963, AS AMENDED.

BY THOSE ORDERS YOU WERE REASSIGNED FROM THE HEADQUARTERS AND HEADQUARTERS COMPANY, 17TH TRANSPORTATION BATTALION, 7TH INFANTRY DIVISION, APO 7, TO HEADQUARTERS AND HEADQUARTERS DETACHMENT, 2NDTRANSPORTATION BATTALION, APO 288, NEW YORK, NEW YORK, EFFECTIVE JUNE 27, 1963. ON DD FORM 827 FATED JANUARY 18, 1965, FILED WITH THE DEPARTMENT OF THE ARMY, YOU SAY THAT WHEN YOU RECEIVED THESE ORDERS YOUR WIFE AND SON WHO WERE LIVING IN COPENHAGEN, DENMARK, GAVE UP THEIR APARTMENT, PLACED HOUSEHOLD GOODS IN TEMPORARY STORAGE AND MOVED IN WITH YOUR WIFE'S PARENTS IN COPENHAGEN PENDING YOUR ARRIVAL IN EUROPE. ALSO YOU SAY THAT ON JUNE 20, 1963, WHILE YOU WERE ON LEAVE IN FRANCE YOU APPLIED FOR QUARTERS AND SHIPMENT OF HOUSEHOLD GOODS FROM THE CONTINENTAL UNITED STATES; THAT YOU CONTINUED ON LEAVE IN COPENHAGEN AND YOUR DEPENDENTS RETURNED TO FRANCE WITH YOU BY PRIVATELY OWNED VEHICLE ARRIVING AT YOUR DUTY STATION JULY 25, 1963, AT WHICH TIME YOU MOVED INTO A HOTEL IN NANCY, FRANCE; AND THAT YOU SEARCHED FOR QUARTERS UNTIL AUGUST 15, LOOKING AT ALL QUARTERS OFFERED BY POST BILLETING AND PLACING ADVERTISEMENTS IN THE NANCY NEWSPAPER. YOU FURTHER RELATE THAT ON AUGUST 15 YOUR DEPENDENTS WENT BACK TO DENMARK TO VISIT YOUR WIFE'S ARENTS; THAT YOU CONTINUED TO SEARCH FOR QUARTERS AND SAW ALL THOSE OFFERED BY BILLETING AS WELL AS MANY LEADS GIVEN YOU BY OTHER AGENCIES; AND THAT EARLY IN OCTOBER YOUR WIFE AND BOY RETURNED TO THE NANCY-TOUL AREA, WHERE THEY REMAINED UNTIL EARLY DECEMBER 1963, CONTINUING TO LOOK WITH YOU AT ALL ECONOMY QUARTERS OFFERED BY BILLETING AND AGAIN ADVERTISING IN THE LOCAL FRENCH PAPER.

YOU FURTHER SAY THAT ON NOVEMBER 15, 1963, YOU TURNED DOWN GOVERNMENT QUARTERS, GOING TO THE BOTTOM OF THE APPROPRIATE WAITING LIST OF APPLICANTS; THAT YOU CONTINUED TO SEARCH FOR ECONOMY QUARTERS; AND THAT EARLY IN DECEMBER 1963, YOU PURCHASED A HOUSE IN COPENHAGEN WHICH YOUR DEPENDENTS MOVED INTO ON DECEMBER 18, 1963. YOU ALSO SAY THAT IN LATE JUNE 1963 YOU FILED AN APPLICATION WITH THE TRANSPORTATION OFFICER, MAAG- DENMARK, APO NEW YORK 09170, FOR SHIPMENT OF HOUSEHOLD GOODS THEN IN DANISH TEMPORARY STORAGE WITH THE REQUEST THAT HE NOT ACT ON THE APPLICATION UNTIL INSTRUCTED BY YOU. IT IS REPORTED THAT THE HOUSEHOLD GOODS YOU ORIGINALLY HAD SHIPPED FROM THE CONTINENTAL UNITED STATES TO TOUL, FRANCE, WERE SHIPPED FROM THERE TO COPENHAGEN, DENMARK, IN DECEMBER 1963 IN ADVANCE OF PERMANENT CHANGE OF STATION AS ADMINISTRATIVELY AUTHORIZED.

PARAGRAPH 7000-12 (FORMERLY PARAGRAPH 7000-13) OF THE JOINT TRAVEL REGULATIONS, PROMULGATED BY THE SECRETARIES CONCERNED PURSUANT TO THE AUTHORITY CONTAINED IN 37 U.S.C. 406, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO OTHERWISE AUTHORIZED TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR ANY TRAVEL TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE; TRAVEL EXPENSE OF DEPENDENTS FOR PLEASURE TRIPS OR FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE AS AUTHORIZED BY THESE REGULATIONS MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. PARAGRAPH 9003-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED BY THE SECRETARIES PURSUANT TO THE AUTHORITY CONTAINED IN 37 U.S.C. 407, PROVIDES THAT THE DISLOCATION ALLOWANCE WILL NOT BE PAYABLE UNDER THE CONDITIONS OUTLINED IN PARAGRAPH 7000-12 OF THE REGULATIONS. PARAGRAPH 4303-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED BY THE SECRETARIES PURSUANT TO THE AUTHORITY CONTAINED IN 37 U.S.C. 405, PROVIDES THAT TEMPORARY LODGING ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF PARTIALLY REIMBURSING A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS UPON INITIAL ARRIVING (REPORTING) AT A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND PENDING ASSIGNMENT OF GOVERNMENT QUARTERS, OR PENDING COMPLETION OF ARRANGEMENT FOR OTHER PERMANENT LIVING ACCOMMODATIONS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE.

IT APPEARS FROM YOUR STATEMENTS THAT YOUR DEPENDENTS ACTUALLY TRAVELED TO THE AREA OF YOUR NEW STATION FOR THE PURPOSE OF RESIDING THERE AND FROM JULY TO DECEMBER 1963, EFFORTS WERE MADE TO LOCATE A RESIDENCE IN THAT AREA. THEY HAD GIVEN UP THEIR RESIDENCE IN COPENHAGEN AND PLACED HOUSEHOLD GOODS IN TEMPORARY STORAGE APPARENTLY AWAITING SHIPMENT TO THE AREA OF YOUR NEW STATION, WHILE YOU HAD OTHER HOUSEHOLD GOODS SHIPPED FROM THE UNITED STATES TO FRANCE. YOU SAY IT WAS ONLY AFTER YOU WERE UNABLE TO LOCATE QUARTERS NEAR YOUR NEW STATION THAT YOU BOUGHT A HOME IN COPENHAGEN IN DECEMBER 1963 FOR YOUR DEPENDENTS. IN VIEW THEREOF, THE RECORD WILL BE ACCEPTED AS ESTABLISHING THAT THE TRAVEL OF YOUR DEPENDENTS TO SUCH STATION WAS PERFORMED WITH THE INTENTION OF ESTABLISHING A BONA FIDE RESIDENCE WITHIN THE MEANING OF THE LAW AND REGULATIONS. ALSO IT SEEMS CLEAR THAT THEIR HOUSEHOLD WAS RELOCATED AS A RESULT OF YOUR CHANGE OF STATION. ACCORDINGLY, WE ARE TODAY ADVISING THE U.S. ARMY FINANCE CENTER, DEPARTMENT OF THE ARMY, INDIANAPOLIS, INDIANA 46249, THAT NO FURTHER ACTION SHOULD BE TAKEN TO COLLECT THE AMOUNTS YOU WERE PAID FOR DISLOCATION ALLOWANCE, TEMPORARY LODGING ALLOWANCE AND REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENTS TO THE AREA OF THE STATION YOU WERE ASSIGNED BY THE ORDERS DATED MAY 13, 1963, AND THE AMOUNT COLLECTED TO DATE SHOULD BE REFUNDED TO YOU.