B-160450, JAN. 4, 1967

B-160450: Jan 4, 1967

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JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1. BY THESE ORDERS YOU WERE DIRECTED TO PROCEED FROM THE OFFICE OF THE DEFENSE ATTACHE. YOU WERE HONORABLY DISCHARGED FROM THE ARMY AND YOUR LAST DUTY STATION WAS SHOWN AS ARLINGTON HALL STATION. DISALLOWED YOUR CLAIM ON THE BASIS THAT YOUR LAST CHANGE OF STATION WAS FROM ANKARA. THE PAYMENT OF DISLOCATION ALLOWANCE IS NOT AUTHORIZED IN CONNECTION WITH A CHANGE OF STATION FROM THE LAST PERMANENT DUTY STATION TO THE HOME OF RECORD. 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. PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE.

B-160450, JAN. 4, 1967

TO MR. JOHN E. CARTER, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1, 1966, CONCERNING YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO YOUR RETURN FROM OVERSEAS PURSUANT TO SPECIAL ORDER 36 DATED DECEMBER 14, 1965, AS AMENDED, WHILE SERVING IN THE UNITED STATES ARMY.

BY THESE ORDERS YOU WERE DIRECTED TO PROCEED FROM THE OFFICE OF THE DEFENSE ATTACHE, AMERICAN EMBASSY, ANKARA, TURKEY, TO WASHINGTON, D.C., TO REPORT NOT LATER THAN MARCH 8, 1966. BY SPECIAL ORDERS 45DATED MARCH 15, 1966, YOU WERE HONORABLY DISCHARGED FROM THE ARMY AND YOUR LAST DUTY STATION WAS SHOWN AS ARLINGTON HALL STATION, ARLINGTON, VIRGINIA. OUR CLAIMS DIVISION BY SETTLEMENT DATED OCTOBER 28, 1966, DISALLOWED YOUR CLAIM ON THE BASIS THAT YOUR LAST CHANGE OF STATION WAS FROM ANKARA, TURKEY, TO BRIGGSVILLE, ARKANSAS, YOUR HOME OF RECORD, AND THE PAYMENT OF DISLOCATION ALLOWANCE IS NOT AUTHORIZED IN CONNECTION WITH A CHANGE OF STATION FROM THE LAST PERMANENT DUTY STATION TO THE HOME OF RECORD.

SECTION 407 OF TITLE 37, U.S.C. AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, TO A MEMBER OF A UNIFORMED SERVICE 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 M9003-4 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THIS AUTHORITY, PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL 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.

YOUR ORDERS OF DECEMBER 14, 1965, RETURNING YOU TO THE UNITED STATES, BEAR THE NOTATION "PCS" INDICATING A PERMANENT CHANGE OF STATION. HOWEVER, THE ORDERS DID NOT ASSIGN YOU TO WASHINGTON, D.C., FOR THE PERFORMANCE OF DUTY BUT ASSIGNED YOU TO THAT PLACE FOR THE PURPOSE OF SEPARATION AND ON MARCH 15, 1966, A WEEK AFTER YOUR REPORTING DATE AT WASHINGTON YOU WERE DISCHARGED FROM THE ARMY.

A PERMANENT STATION FOR PURPOSES OF THE AUTHORIZED MOVEMENT OF DEPENDENTS IS DEFINED IN PARAGRAPH M1150-10A OF THE JOINT TRAVEL REGULATIONS AS TO THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY. SINCE YOUR ASSIGNMENT TO WASHINGTON WAS FOR SEPARATION PURPOSES AND NOT FOR DUTY THE MOVEMENT OF YOUR DEPENDENTS WAS NOT AUTHORIZED ON THE BASIS OF SUCH ASSIGNMENT. THUS, YOUR PERMANENT CHANGE OF STATION FOR PURPOSES OF TRANSPORTATION OF YOUR DEPENDENTS WAS FROM ANKARA, TURKEY, TO YOUR HOME OF RECORD AT BRIGGSVILLE, ARKANSAS. A DISLOCATION ALLOWANCE IS NOT LEGALLY PAYABLE IN SUCH CASE.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 28, 1966, DISALLOWING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.