B-158587, APR. 6, 1966, 45 COMP. GEN. 628

B-158587: Apr 6, 1966

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TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - INTERIM CHANGE OF DUTY STATION EFFECT THE FACT THAT THE DEPENDENTS OF A NAVY MEMBER REMAIN AT HIS OLD DUTY STATION AND HE IS PAID A DISLOCATION ALLOWANCE FOR THEIR MOVE TO A PRIVATE RESIDENCE INCIDENT TO A 36-WEEK TOUR OF DUTY FOR INSTRUCTIONS PRIOR TO HIS ULTIMATE TRANSFER OVERSEAS. FOR WHICH HE IS ALSO PAID A DISLOCATION ALLOWANCE AND TO WHICH HE AND HIS DEPENDENTS ARE TRANSPORTED FROM SAN FRANCISCO AT GOVERNMENT EXPENSE. A RIGHT THAT IS RESERVED TO HIM BY PARAGRAPH M7055 OF THE JOINT TRAVEL REGULATIONS. THAT IS NOT FORFEITED BY THE RECEIPT OF A DISLOCATION ALLOWANCE INCIDENT TO THE FIRST PERMANENT CHANGE OF STATION. - PARAGRAPH M9002 PROVIDING THAT THE TRAVEL OF DEPENDENTS IS NOT A PREREQUISITE TO THE PAYMENT OF A DISLOCATION ALLOWANCE.

B-158587, APR. 6, 1966, 45 COMP. GEN. 628

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - INTERIM CHANGE OF DUTY STATION EFFECT THE FACT THAT THE DEPENDENTS OF A NAVY MEMBER REMAIN AT HIS OLD DUTY STATION AND HE IS PAID A DISLOCATION ALLOWANCE FOR THEIR MOVE TO A PRIVATE RESIDENCE INCIDENT TO A 36-WEEK TOUR OF DUTY FOR INSTRUCTIONS PRIOR TO HIS ULTIMATE TRANSFER OVERSEAS, FOR WHICH HE IS ALSO PAID A DISLOCATION ALLOWANCE AND TO WHICH HE AND HIS DEPENDENTS ARE TRANSPORTED FROM SAN FRANCISCO AT GOVERNMENT EXPENSE, DOES NOT DEPRIVE THE MEMBER OF ENTITLEMENT TO THE TRANSPORTATION OF HIS DEPENDENTS FROM THE OLD DUTY STATION TO THE OVERSEAS POINT OF DEPARTURE, A RIGHT THAT IS RESERVED TO HIM BY PARAGRAPH M7055 OF THE JOINT TRAVEL REGULATIONS, WITHOUT REGARD TO ANY INTERIM PERMANENT CHANGE OF STATION, AND THAT IS NOT FORFEITED BY THE RECEIPT OF A DISLOCATION ALLOWANCE INCIDENT TO THE FIRST PERMANENT CHANGE OF STATION--- PARAGRAPH M9002 PROVIDING THAT THE TRAVEL OF DEPENDENTS IS NOT A PREREQUISITE TO THE PAYMENT OF A DISLOCATION ALLOWANCE--- AND THE MEMBER NOT HAVING EXERCISED HIS RIGHT TO DEPENDENTS' TRAVEL UNDER HIS FIRST SET OF ORDERS AND ENTITLED TO THEIR TRANSPORTATION FROM THE PLACE THEY RESIDED TO HIS OVERSEAS STATION MAY BE PAID THE COST OF TRANSPORTING THEM TO SAN FRANCISCO.

TO R. J. LARSON, DEPARTMENT OF THE NAVY, APRIL 6, 1966:

BY 4TH ENDORSEMENT DATED FEBRUARY 23, 1966, THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF DECEMBER 17, 1965, WITH ENCLOSURES, REQUESTING A DECISION CONCERNING THE LEGALITY OF PAYMENT FOR DEPENDENTS' TRAVEL IN THE CASE OF EARL JAMES TESSMER, 366 23 96, RD1, USN, UNDER THE CIRCUMSTANCES DISCLOSED. THE REQUEST FOR DECISION WAS ASSIGNED PDTATAC CONTROL NO. 66-7 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS DATED MARCH 17, 1964, THE MEMBER WAS TRANSFERRED FROM DUTY AT THE NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS, AND ORDERED TO REPORT TO THE U.S. NAVAL SCHOOLS COMMAND, SAN FRANCISCO, CALIFORNIA, NOT LATER THAN MAY 7, 1964, FOR DUTY UNDER INSTRUCTION TO ATTEND A COURSE OF APPROXIMATELY 36 WEEKS' DURATION. ENDORSEMENTS ON THOSE ORDERS SHOW THAT THE MEMBER WAS PAID MILEAGE FOR HIS TRAVEL AND A DISLOCATION ALLOWANCE. ON MAY 18, 1965, HE WAS TRANSFERRED AND ORDERED TO REPORT TO THE FLEET ANTI-AIR WARFARE TRAINING CENTER, SAN DIEGO, CALIFORNIA, NOT LATER THAN MAY 30, 1965, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR 9 WEEKS AND UPON COMPLETION OF THAT DUTY FOR FURTHER ASSIGNMENT TO DUTY BY THE CHIEF OF NAVAL PERSONNEL. ENDORSEMENTS ON THOSE ORDERS SHOW THAT THE MEMBER WAS PAID MILEAGE FOR HIS TRAVEL AND PER DIEM FOR THE TEMPORARY DUTY.

BY ORDERS DATED JULY 9, 1965, THE MEMBER WAS TRANSFERRED TO THE U.S.S. GEORGE K. MACKENZIE (DD-836) WITH HOME PORT AT YOKOSUKA, JAPAN. ENDORSEMENTS ON THOSE ORDERS SHOW THAT PRIOR TO REPORTING TO HIS NEW STATION HE PERFORMED TEMPORARY ADDITIONAL DUTY AND TEMPORARY DUTY UNDER INSTRUCTION AT THE FLEET ANTI-AIR WARFARE TRAINING CENTER, AND THE FLEET ANTI-SUBMARINE WARFARE SCHOOL, SAN DIEGO, REPORTING TO HIS NEW STATION ON OCTOBER 16, 1965. OTHER ENDORSEMENTS ON THOSE ORDERS SHOW HE WAS PAID MILEAGE FOR HIS TRAVEL, PER DIEM, AND A DISLOCATION ALLOWANCE, INCLUDING DEPENDENTS' MILEAGE FROM TOKYO TO YOKOSUKA, JAPAN. THE RECORD INDICATES THAT THE MEMBER AND HIS DEPENDENTS WERE FURNISHED AIR TRANSPORTATION AT GOVERNMENT EXPENSE FROM SAN FRANCISCO TO TOKYO.

IT IS REPORTED THAT MR. TESSMER'S DEPENDENTS REMAINED IN THE IMMEDIATE VICINITY OF GREAT LAKES, ILLINOIS, UPON HIS TRANSFER FROM THE U.S. NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS, TO DUTY UNDER INSTRUCTIONS AT THE U.S. NAVAL SCHOOLS COMMAND, SAN FRANCISCO, CALIFORNIA. INCIDENT TO THIS PERMANENT CHANGE OF STATION, IT IS REPORTED THAT THE MEMBER WAS PAID A DISLOCATION ALLOWANCE AS HIS DEPENDENTS HAD TO VACATE GOVERNMENT QUARTERS AT GREAT LAKES AND MOVE TO PRIVATE RENTAL QUARTERS IN THE SAME IMMEDIATE VICINITY. UPON MR. TESSMER'S SUBSEQUENT TRANSFER TO THE U.S.S. GEORGE K. MACKENZIE (DD 836) HE MOVED HIS DEPENDENTS FROM GREAT LAKES, ILLINOIS, TO YOKOSUKA, JAPAN, AND HE WAS PAID A DISLOCATION ALLOWANCE FOR THIS MOVE BUT HAS RECEIVED NO TRAVEL ALLOWANCE FOR DEPENDENTS FROM GREAT LAKES, ILLINOIS, TO SAN FRANCISCO, CALIFORNIA.

IN YOUR LETTER OF DECEMBER 17, 1965, YOU SAY THAT SINCE THE MEMBER DID NOT MOVE HIS DEPENDENTS AT THE TIME HE RECEIVED HIS FIRST PERMANENT CHANGE -OF-STATION ORDERS, AND THEREFORE DID NOT EXERCISE HIS RIGHTS TO DEPENDENTS' TRANSPORTATION, AN ELEMENT OF DOUBT EXISTS AS TO THE PROPRIETY OF PAYMENT OF DEPENDENTS' MILEAGE ALLOWANCE FROM GREAT LAKES, ILLINOIS, TO SAN FRANCISCO, CALIFORNIA, ON THE BASIS OF HIS SUBSEQUENT TRANSFER TO THE U.S.S. GEORGE K. MACKENZIE. IN FORWARDING THE MATTER HERE, THE COMPTROLLER OF THE NAVY IN THE 2ND ENDORSEMENT DATED DECEMBER 29, 1965, STATES THAT INASMUCH AS NO TRAVEL ALLOWANCES WERE PAID INCIDENT TO THE FIRST PERMANENT CHANGE-OF-STATION ORDERS, DECISION IS REQUESTED AS TO WHETHER OR NOT THE RECEIPT OF A DISLOCATION ALLOWANCE FOR THE LOCAL MOVE IN GREAT LAKES PRECLUDES PAYMENT OF MONETARY ALLOWANCE FROM GREAT LAKES TO SAN FRANCISCO UNDER THE PROVISIONS OF PARAGRAPH M7055 OF THE JOINT TRAVEL REGULATIONS ON THE BASIS OF THE COMBINED ORDERS. ALSO, BY 3RD ENDORSEMENT DATED FEBRUARY 2, 1966, THE CHIEF OF NAVAL PERSONNEL EXPRESSES THE VIEW THAT PAYMENT OF DISLOCATION ALLOWANCE IS SEPARATE FROM OTHER ENTITLEMENTS UNDER PERMANENT CHANGE-OF-STATION ORDERS AND DOES NOT PRECLUDE PAYMENT OF DEPENDENTS' TRANSPORTATION UNDER PARAGRAPH M7055 OF THE JOINT TRAVEL REGULATIONS ON THE BASIS OF THE COMBINED ORDERS.

SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES THAT A MEMBER ORDERED TO MAKE A PERMANENT CHANGE OF STATION IS ENTITLED TO TRANSPORTATION FOR DEPENDENTS UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH GRADES, RANKS, AND RATINGS AND TO AND FROM SUCH PLACES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH M7055 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT AUTHORITY, PROVIDES THAT IF A MEMBER, UPON RECEIPT OF PERMANENT CHANGE-OF-STATION ORDERS, RETAINS HIS DEPENDENTS AT THE PLACE THAT THEY WERE LOCATED WHEN SUCH ORDERS WERE RECEIVED, AND HE RECEIVES ASSIGNMENT TO SOME SUBSEQUENT PERMANENT STATION, HE THEN WILL BE ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AT GOVERNMENT EXPENSE NOT IN EXCESS OF THE DISTANCE FROM THE STATION FROM WHICH HE TRAVELED WHEN HIS DEPENDENTS WERE SO RETAINED TO SUCH SUBSEQUENT PERMANENT STATION, OR FROM HIS LAST PERMANENT STATION TO HIS NEW PERMANENT STATION, WHICHEVER IS THE GREATER, WITHOUT REGARD TO ANY INTERIM PERMANENT CHANGES OF STATION UPON WHICH HE DID NOT EXERCISE HIS RIGHT TO DEPENDENTS TRANSPORTATION. SEEMS CLEAR THAT THE PURPOSE OF THIS REGULATION IS TO SAVE TO THE MEMBER A RIGHT TO DEPENDENT TRAVEL WHICH HE DID NOT PREVIOUSLY EXERCISE IN ORDER TO PERMIT HIM TO TRANSPORT HIS DEPENDENTS AT GOVERNMENT EXPENSE TO A CURRENT PERMANENT STATION AT ANY TIME.

IT IS STATED IN PARAGRAPH M9002 OF THE JOINT TRAVEL REGULATIONS, THAT DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION AND THAT "ACTUAL TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT A PREREQUISITE TO ENTITLEMENT TO THE DISLOCATION ALLOWANCE.' THE REGULATIONS FURTHER STATE (PARAGRAPH M9000) THAT, EXCEPT AS PROVIDED IN PARAGRAPH M9003, ITEM 9, THE DISLOCATION ALLOWANCE IS IN ADDITION TO ALL OTHER ALLOWANCES AUTHORIZED IN THAT VOLUME.

THE MERE FACT THAT THE MEMBER IN THIS CASE RECEIVED A DISLOCATION ALLOWANCE PAYMENT INCIDENT TO HIS PERMANENT CHANGE-OF-STATION ORDERS OF MARCH 17, 1964, WHEN HIS DEPENDENTS WERE REQUIRED TO VACATE GOVERNMENT QUARTERS AT GREAT LAKES AND MOVE INTO PRIVATE QUARTERS IN THE SAME VICINITY, AFFORDS NO BASIS FOR CONCLUDING THAT THE MEMBER FORFEITED HIS RIGHT TO DEPENDENT TRAVEL UNDER SUBSEQUENT CHANGE-OF STATION ORDERS WHICH WAS SAVED TO HIM UNDER PARAGRAPH M7055 OF THE REGULATIONS.

SINCE THE MEMBER DECIDED TO RETAIN HIS DEPENDENTS AT HIS FORMER DUTY STATION AND DID NOT EXERCISE HIS RIGHT UNDER THE ORDERS OF MARCH 17, 1964, TO HAVE THEM TRAVEL AT GOVERNMENT EXPENSE FROM THE GREAT LAKES AREA, HE BECAME ENTITLED UNDER PARAGRAPH M7055 OF THE REGULATIONS TO TRANSPORTATION OF HIS DEPENDENTS FROM THE GREAT LAKES TO YOKOSUKA, JAPAN, UPON HIS ULTIMATE ASSIGNMENT TO THE U.S.S. GEORGE K. MACKENZIE UNDER THE PERMANENT CHANGE-OF-STATION ORDERS OF JULY 9, 1965. ON SUCH BASIS HE IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS FROM THE DEPENDENTS' RESIDENCE IN NORTH CHICAGO TO SAN FRANCISCO, CALIFORNIA.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED AND PAYMENT ON THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT.