B-165724, MAR. 26, 1969

B-165724: Mar 26, 1969

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USAF: FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENTS IN JUNE 1967 FROM LAS VEGAS. WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED SEPTEMBER 20. YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT NELLIS AIR FORCE BASE AND REASSIGNED TO THE 355 COMBAT SUPPORT GROUP (PACAF). YOU WERE RELIEVED FROM YOUR OVERSEAS ASSIGNMENT AND RETURNED TO NELLIS AIR FORCE BASE WITH DECEMBER 5. YOU WERE PAID DISLOCATION ALLOWANCE FOR THE MOVEMENT OF YOUR DEPENDENTS FROM ONE RESIDENCE TO ANOTHER IN LAS VEGAS IN CONNECTION WITH YOUR OVERSEAS ASSIGNMENT UNDER THE ORDER OF SEPTEMBER 28. YOU ALSO SAY IN YOUR STATEMENT THAT THIS CHANGE OF ADDRESS WITHIN THE CITY OF LAS VEGAS WAS TO PROVIDE YOUR DEPENDENTS WITH A SMALLER AND LESS EXPENSIVE RESIDENCE UNTIL THE END OF THE SCHOOL YEAR.

B-165724, MAR. 26, 1969

TO SERGEANT GILBERT V. HASKELL, USAF:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENTS IN JUNE 1967 FROM LAS VEGAS, NEVADA, TO MATTAPOISETT, MASSACHUSETTS, AND IN JANUARY 1968 FROM MATTAPOISETT TO LAS VEGAS, AND FOR DISLOCATION ALLOWANCE INCIDENT TO SUCH RETURN JOURNEY, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED SEPTEMBER 20, 1968.

BY SPECIAL ORDER AC-1469 DATED SEPTEMBER 28, 1966, AS AMENDED, YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT NELLIS AIR FORCE BASE AND REASSIGNED TO THE 355 COMBAT SUPPORT GROUP (PACAF), APO SAN FRANCISCO 96273, WITH DECEMBER 15, 1966, GIVEN AS THE EFFECTIVE DATE OF CHANGE OF STRENGTH ACCOUNTABILITY, AND AUTHORIZED TRAVEL OF YOUR DEPENDENTS TO A DESIGNATED POINT. BY SPECIAL ORDER AA-4917 DATED SEPTEMBER 26, 1967, AS AMENDED, YOU WERE RELIEVED FROM YOUR OVERSEAS ASSIGNMENT AND RETURNED TO NELLIS AIR FORCE BASE WITH DECEMBER 5, 1967, GIVEN AS THE EFFECTIVE DATE OF CHANGE OF STRENGTH ACCOUNTABILITY. YOU WERE PAID DISLOCATION ALLOWANCE FOR THE MOVEMENT OF YOUR DEPENDENTS FROM ONE RESIDENCE TO ANOTHER IN LAS VEGAS IN CONNECTION WITH YOUR OVERSEAS ASSIGNMENT UNDER THE ORDER OF SEPTEMBER 28, 1966.

IN YOUR STATEMENT OF OCTOBER 8, 1968, TO THE 474 COMBAT SUPPORT GROUP (DCRA), NELLIS AIR FORCE BASE, CONCERNING YOUR CLAIM, YOU SAY THAT ON NOVEMBER 1, 1966, YOU RELOCATED YOUR DEPENDENTS IN LAS VEGAS FROM 1305 NORTH 23RD, APT. 3, TO 625 NORTH 11TH, APT. C, WHERE THEY REMAINED UNTIL THE END OF THE SCHOOL YEAR IN JUNE 1967 WHEN THEY MOVED TO MATTAPOISETT, MASSACHUSETTS, TO AWAIT YOUR REASSIGNMENT TO THE CONTINENTAL UNITED STATES. YOU ALSO SAY IN YOUR STATEMENT THAT THIS CHANGE OF ADDRESS WITHIN THE CITY OF LAS VEGAS WAS TO PROVIDE YOUR DEPENDENTS WITH A SMALLER AND LESS EXPENSIVE RESIDENCE UNTIL THE END OF THE SCHOOL YEAR; THAT YOU DISCUSSED PLANS TO SEND YOUR DEPENDENTS TO MATTAPOISETT WITH BASE PERSONNEL AT BOTH NELLIS AIR FORCE BASE AND YOUR OVERSEAS STATION AND YOU WERE ADVISED TO CLAIM DISLOCATION ALLOWANCE FOR THE LOCAL MOVE IN LAS VEGAS; AND THAT IT WAS NOT POINTED OUT TO YOU THAT IN SO DOING YOU WOULD JEOPARDIZE YOUR RIGHT TO REIMBURSEMENT FOR DEPENDENT TRAVEL.

YOU FURTHER SAY THAT THE LOCAL MOVE OF YOUR DEPENDENTS IN LAS VEGAS WAS OF A TEMPORARY NATURE, THAT IT WAS NEVER INTENDED TO BE OTHERWISE, AND THAT THE CLERK WHO ACCEPTED YOUR CLAIM EITHER DID NOT UNDERSTAND YOUR EXPLANATION OR WAS NOT ABLE TO ADVISE YOU OF YOUR RIGHTS TO DEPENDENT TRAVEL AND DISLOCATION ALLOWANCE.

PARAGRAPH M7000 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO 37 U.S.C. 406, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS. PARAGRAPH M7005 OF THE REGULATIONS PROVIDES THAT A MEMBER TRANSFERRED OR ASSIGNED BY PERMANENT CHANGE OF STATION ORDERS TO A RESTRICTED AREA IS ENTITLED TO TRANSPORTATION OF DEPENDENTS TO ANY PLACE DESIGNATED BY HIM IN THE UNITED STATES OR, IN LIMITED CIRCUMSTANCES, TO THE POINT OF DEPARTURE OF DEPENDENTS FROM THE UNITED STATES, OR TO CERTAIN OVERSEAS LOCATIONS, IF APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED.

PARAGRAPH M7005-4 OF THE REGULATIONS PROVIDES THAT WHEN THE MEMBER IS TRANSFERRED BY PERMANENT CHANGE OF STATION ORDERS FROM A RESTRICTED AREA TO AN UNRESTRICTED AREA, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE DESIGNATED PLACE TO WHICH SENT INCIDENT TO THE MEMBER'S ASSIGNMENT TO THE RESTRICTED AREA, OR FROM THE PLACE THE DEPENDENTS ARE THEN LOCATED, WHICHEVER RESULTS IN THE LESSER ENTITLEMENT, TO THE MEMBER'S CURRENT DUTY STATION. PARAGRAPH M7001 DEFINES A DESIGNATED PLACE FOR PURPOSES OF ENTITLEMENT TO DEPENDENTS' TRAVEL TO BE THE PLACE CERTIFIED BY THE MEMBER AS IN FACT THE PLACE WHERE HIS DEPENDENTS WILL ESTABLISH A BONA FIDE RESIDENCE DURING THE INTERIM PERIOD UNTIL FURTHER TRANSPORTATION IS AUTHORIZED.

PARAGRAPH M9003 (FORMERLY PARAGRAPH M9002) OF THE REGULATIONS PROVIDES THAT THE DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER HIS DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND ACTUAL TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT A PREREQUISITE TO ENTITLEMENT TO THIS ALLOWANCE. PARAGRAPH M9003-2 (FORMERLY PARAGRAPH M9002-2) OF THE REGULATIONS PROVIDES THAT WHEN DEPENDENTS ARE MOVED TO A DESIGNATED PLACE PURSUANT TO THE PROVISIONS OF CHAPTER 7 OF THE REGULATIONS (GOVERNING THE TRANSPORTATION OF DEPENDENTS), THE DISLOCATION ALLOWANCE WILL BE PAYABLE UPON THE COMPLETION OF THE TRAVEL OF DEPENDENTS TO THE DESIGNATED PLACE AND NO FURTHER ENTITLEMENT TO IT WILL ACCRUE FOR THAT PERMANENT CHANGE OF STATION.

IN YOUR APPLICATION DATED DECEMBER 6, 1966, FOR DEPENDENT TRAVEL AND DISLOCATION ALLOWANCE, YOU CERTIFIED THAT YOUR DEPENDENTS MOVED FROM 1305 NORTH 23RD TO 625 NORTH 11TH, BOTH IN LAS VEGAS, WITH THE INTENTION TO ESTABLISH A BONA FIDE RESIDENCE AT THE LATTER ADDRESS. THE FACT THAT YOU MAY HAVE DISCUSSED WITH TRANSPORTATION PERSONNEL OF THE AIR FORCE YOUR INTENTION OF MOVING YOUR DEPENDENTS TO MASSACHUSETTS AT THE END OF THE SCHOOL YEAR IN 1967 DOES NOT ALTER THE FACT THAT YOU SO CERTIFIED AND THAT YOU RECEIVED THE DISLOCATION ALLOWANCE ON THE BASIS THAT YOUR DEPENDENTS' DESIGNATED LOCATION WOULD BE 625 NORTH 11TH IN LAS VEGAS WHILE YOU WERE OVERSEAS.

THEREFORE, THEIR SUBSEQUENT TRAVEL FROM LAS VEGAS TO MATTAPOISETT, MASSACHUSETTS, MUST BE CONSIDERED AS NOT PERFORMED UNDER AUTHORITY OF THE ORDER OF SEPTEMBER 28, 1966, BUT RATHER AS TRAVEL FOR THEIR PERSONAL CONVENIENCE. ALSO, IT MAY NOT BE CONSIDERED THAT THEIR RETURN TRAVEL TO LAS VEGAS IN JANUARY 1968 WHEN YOU WERE REASSIGNED TO NELLIS AIR FORCE BASE WAS TRAVEL TO YOUR NEW PERMANENT STATION FOR WHICH REIMBURSEMENT IS AUTHORIZED UNDER THE ORDER OF SEPTEMBER 26, 1967, SINCE LAS VEGAS WAS THEIR DESIGNATED LOCATION WHILE YOU WERE AT YOUR OVERSEAS STATION AND, AS SUCH, THE POINT FROM WHICH THEIR TRANSPORTATION WAS LIMITED BY PARAGRAPH M7005-4 OF THE JOINT TRAVEL REGULATIONS.

SINCE YOUR DEPENDENTS TRAVELED TO MATTAPOISETT, MASSACHUSETTS, FOR PERSONAL CONVENIENCE AND THEN RETURNED TO THEIR DESIGNATED LOCATION AT LAS VEGAS WHEN YOU WERE REASSIGNED TO NELLIS AIR FORCE BASE, IT DOES NOT APPEAR THAT SUCH RELOCATION OF THEIR HOUSEHOLD MAY BE CONSIDERED AS INCIDENT TO YOUR PERMANENT CHANGE OF STATION DIRECTED BY THE ORDER OF SEPTEMBER 26, 1967, SO AS TO ENTITLE YOU TO PAYMENT OF THE DISLOCATION ALLOWANCE.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 20, 1968, DISALLOWING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.

WHILE IT IS UNFORTUNATE THAT YOU MAY HAVE BEEN INCORRECTLY ADVISED AS TO THE REGULATIONS RELATIVE TO THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE AND THAT YOU RELIED ON SUCH ADVICE IN DESIGNATING A LOCATION FOR YOUR DEPENDENTS WHILE YOU WERE OVERSEAS, THAT FACT AFFORDS NO LEGAL BASIS TO ALLOW YOU AN AMOUNT NOT OTHERWISE AUTHORIZED BY THE LAW AND REGULATIONS.