B-166739, JUL. 11, 1969

B-166739: Jul 11, 1969

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ACCORDINGLY THERE IS NO LEGAL BASIS FOR REIMBURSEMENT OF COST OF TRANSPORTATION OR PAYMENT OF DISLOCATION ALLOWANCE. USAF: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 2. WE HAVE YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO THAT MOVEMENT. YOU WERE ASSIGNED FROM NATIONAL MILITARY COMMAND CENTER. THAT ASSIGNMENT AUTHORITY WAS CONFIRMED BY DEPARTMENT OF THE AIR FORCE SPECIAL ORDER NO. YOU EXPLAINED THAT AFTER YOU WERE ASSIGNED TO DUTY AT ANDREWS AIR FORCE BASE YOU LEASED RENTAL HOUSING IN FEBRUARY 1967 AT 5811 MIDDLETON COURT. THAT THE TERM OF THE LEASE WAS PLANNED TO COINCIDE WITH THE EXPIRATION OF YOUR DUTY ASSIGNMENT IN JULY 1968. YOU FURTHER EXPLAINED THAT WITHOUT ANY PRIOR KNOWLEDGE YOU WERE ADVISED IN APRIL 1967.

B-166739, JUL. 11, 1969

MILITARY - TRANSPORATATION OF HOUSEHOLD EFFECTS AND DISLOCATION ALLOWANCE DECISION TO AIR FORCE OFFICER DENYING CLAIM FOR COST OF MOVING HOUSEHOLD EFFECTS FROM ONE LOCATION TO ANOTHER ONE BLOCK AWAY INCIDENT TO REASSIGNMENT FROM ANDREWS AIR FORCE BASE TO PENTAGON. SINCE MEMBER MOVED OVER 1 YEAR AFTER REASSIGNMENT AND WHEN LEASE EXPIRED THE MOVE MUST BE REGARDED AS FOR PERSONAL REASONS RATHER THAN AS INCIDENT TO PERMANENT CHANGE OF STATION. ACCORDINGLY THERE IS NO LEGAL BASIS FOR REIMBURSEMENT OF COST OF TRANSPORTATION OR PAYMENT OF DISLOCATION ALLOWANCE.

TO COLONEL ROBERT E. VICKERS, JR., USAF:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 2, 1969, WITH ENCLOSURE, REQUESTING RECONSIDERATION OF SETTLEMENT DATED MARCH 27, 1969, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING YOUR HOUSEHOLD EFFECTS FROM 5811 MIDDLETON COURT TO 5901 MIDDLETON COURT, CAMP SPRINGS, MARYLAND, ON MAY 3, 1968. ALSO, WE HAVE YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO THAT MOVEMENT.

BY PERSONNEL ACTION REQUEST (LETTER ORDERS 6-67), DATED APRIL 19, 1967, FROM MILITARY PERSONNEL BRANCH, OFFICE OF JOINT CHIEFS OF STAFF, WASHINGTON, D.C., YOU WERE ASSIGNED FROM NATIONAL MILITARY COMMAND CENTER, OFFICE OF JOINT CHIEFS OF STAFF, WITH DUTY STATION AT ANDREWS AIR FORCE BASE, WASHINGTON, D.C., TO OPERATIONS DIRECTORATE, JOINT STAFF, NATIONAL EMERGENCY AIRBORNE COMMAND POST, EFFECTIVE APRIL 17, 1967. THAT ASSIGNMENT AUTHORITY WAS CONFIRMED BY DEPARTMENT OF THE AIR FORCE SPECIAL ORDER NO. AA-1526, DATED NOVEMBER 20, 1968, WHICH, AMONG OTHER THINGS, SHOWS THE ASSIGNMENT AS A PERMANENT CHANGE OF STATION WITHOUT PERMANENT CHANGE OF ASSIGNMENT AND YOUR NEW DUTY STATION AS WASHINGTON, D.C. (PENTAGON).

IN A LETTER DATED JUNE 27, 1968, TO OUR TRANSPORTATION DIVISION YOU PRESENTED A CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS FROM 5811 MIDDLETON COURT TO 5901 MIDDLETON COURT, CAMP SPRINGS, MARYLAND. YOU EXPLAINED THAT AFTER YOU WERE ASSIGNED TO DUTY AT ANDREWS AIR FORCE BASE YOU LEASED RENTAL HOUSING IN FEBRUARY 1967 AT 5811 MIDDLETON COURT, CAMP SPRINGS, LOCATED ABOUT 3 MILES FROM YOUR PLACE OF DUTY, AND THAT THE TERM OF THE LEASE WAS PLANNED TO COINCIDE WITH THE EXPIRATION OF YOUR DUTY ASSIGNMENT IN JULY 1968.

YOU FURTHER EXPLAINED THAT WITHOUT ANY PRIOR KNOWLEDGE YOU WERE ADVISED IN APRIL 1967, AFTER MOVING INTO THE LEASED HOME, THAT YOU WERE BEING REASSIGNED FOR DUTY AT THE PENTAGON EFFECTIVE APRIL 17, 1967, AND THAT THIS ACTION CONSTITUTED A NEW DUTY ASSIGNMENT RESULTING IN THE EXTENSION OF YOUR DUTY TOUR AN ADDITIONAL YEAR OR THROUGH JULY 1969 AND A CHANGE OF DUTY LOCATION. ALSO, YOU CONTENDED THAT THE EFFECT OF THE REASSIGNMENT CREATED A PROBLEM OF YOUR HAVING TO MAKE AN ADDITIONAL AND UNFORESEEN MOVE OF YOUR HOUSEHOLD EFFECTS TO 5901 MIDDLETON COURT WHICH WAS COMPLETED ON MAY 3, 1968, AT PERSONAL EXPENSE. YOU POINTED OUT IN THIS CONNECTION THAT THE SELECTION OF THE NEW QUARTERS WAS DICTATED BY A COMPROMISE BETWEEN REMAINING IN THE NEAR PROXIMITY FOR YOUNGSTER SCHOOLING CONSIDERATIONS AND A REDUCTION OF DAILY WORK COMMUTING DISTANCE. A COPY OF YOUR PERSONAL CHECK FOR $182.50 REPRESENTING PAYMENT OF THE MOVEMENT EXPENSES ACCOMPANIED YOUR LETTER OF JUNE 27, 1968.

ON AUGUST 8, 1968, YOUR CLAIM WAS FORWARDED TO THE AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, FOR INITIAL CONSIDERATION AND ON FEBRUARY 26, 1969, THAT CLAIM TOGETHER WITH ADDED DOCUMENTATION WAS TRANSMITTED TO OUR CLAIMS DIVISION FOR DIRECT SETTLEMENT. THE AIR FORCE ACCOUNTING AND FINANCE CENTER STATED IN ITS TRANSMITTAL LETTER THAT THE PROPRIETY OF PAYMENT WAS DOUBTFUL BECAUSE THE "MOVE OF 1 BLOCK AREA MADE FOR PERSONAL REASONS.' BY SETTLEMENT DATED MARCH 27, 1969, THE CLAIM WAS DISALLOWED FOR THE REASONS THAT THE MOVEMENT OF YOUR EFFECTS APPEARS TO HAVE BEEN FOR PERSONAL REASONS.

BY LETTER OF APRIL 2, 1969, YOU HAVE REQUESTED RECONSIDERATION OF THE SETTLEMENT ACTION. IN SUPPORT OF THAT REQUEST YOU HAVE FURNISHED THIS OFFICE WITH A COPY OF A STATEMENT EXECUTED BY A DESIGNATED OFFICER IN THE DIRECTORATE OF ADMINISTRATION PURSUANT TO THE PROVISIONS OF PARAGRAPH M9003-1 OF THE JOINT TRAVEL REGULATIONS IN CONNECTION WITH YOUR SEPARATE CLAIM FOR DISLOCATION ALLOWANCE. THAT STATEMENT IS TO THE EFFECT THAT A DETERMINATION HAS BEEN MADE THAT A CHANGE OF RESIDENCE WAS NECESSARY AS A DIRECT RESULT OF YOUR PERMANENT CHANGE OF STATION AND THAT THE FORMER RESIDENCE WAS AVAILABLE ONLY DURING THE PERIOD THAT YOU WERE ASSIGNED TO ANDREWS AIR FORCE BASE.

ALSO, IN YOUR LETTER OF APRIL 2, 1969, YOU SAY THAT YOUR MOVEMENT OF HOUSEHOLD EFFECTS WAS MADE AT A GREAT PERSONAL INCONVENIENCE AND EXPENSE, HAVING BEEN NECESSITATED AS A DIRECT RESULT OF A MILITARY ORDER WHICH SPECIFICALLY PRECLUDED YOUR FAMILY FROM CONTINUING TO OCCUPY THE RESIDENCE YOU WERE IN, LEGALLY AND PHYSICALLY. IN VIEW THEREOF, YOU EXPRESS THE VIEW THAT YOUR CLAIM IS A JUST ONE BASED ON THE CIRCUMSTANCES.

THE GOVERNING PROVISION OF LAW, 37 U.S.C. 406, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR. PARAGRAPH M8000-6 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT AUTHORITY, DEFINES A PERMANENT CHANGE OF STATION AS THE TRANSFER OF A MEMBER TO A DIFFERENT DUTY STATION (EVEN THOUGH WITHIN THE SAME CITY, TOWN, OR METROPOLITAN AREA) UNDER COMPETENT ORDERS WHICH NEITHER SPECIFY THE DUTY AS TEMPORARY, NOR PROVIDE FOR FURTHER ASSIGNMENT TO A NEW STATION, OR DIRECT RETURN TO THE OLD STATION. PARAGRAPH 8051-4 OF THE REGULATIONS PROVIDES THAT NECESSARY DRAYAGE OR HAULING OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES IS AUTHORIZED AT GOVERNMENT EXPENSE FROM ONE AREA TO ANOTHER AREA WITHIN THE SAME CITY, TOWN, OR METROPOLITAN AREA WHEN IN CONNECTION WITH A PERMANENT CHANGE OF STATION.

IT IS WELL SETTLED THAT A MEMBER'S RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE ACCRUES ONLY WHEN THE MOVEMENT IS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AND MADE NECESSARY BY AN ORDERED CHANGE OF STATION. SEE B-146368, AUGUST 8, 1961, AND B 155539, JANUARY 7, 1965, COPIES ENCLOSED. SINCE IT APPEARS THAT YOU MOVED YOUR HOUSEHOLD EFFECTS OVER ONE YEAR AFTER THE EFFECTIVE DATE OF YOUR PERMANENT CHANGE-OF -STATION ORDERS AND BECAUSE OF THE TERMINATION OF THE LEASE ON YOUR FORMER RESIDENCE, IT CANNOT BE SAID THAT SUCH MOVEMENT WAS NECESSITATED BY SUCH ORDERS. IF YOU HAD CONTINUED TO PERFORM DUTIES AT ANDREWS AIR FORCE BASE AND RECEIVED NO CHANGE IN THAT DUTY ASSIGNMENT YOU APPARENTLY WOULD HAVE BEEN REQUIRED TO MOVE FROM 5811 MIDDLETON COURT UPON THE EXPIRATION OF YOUR LEASE THE SAME AS YOU WERE REQUIRED TO DO OVER A YEAR AFTER RECEIVING THE ORDERS OF APRIL 19, 1967.

THE MOVE MADE NO SUBSTANTIAL CHANGE IN THE LOCATION OF YOUR RESIDENCE AND IN THESE CIRCUMSTANCES THE CONSLUSION IS WARRANTED THAT YOUR MOVEMENT OF HOUSEHOLD EFFECTS ON MAY 3, 1968, WAS FOR PERSONAL REASONS AND NOT INCIDENT TO YOUR PERMANENT CHANGE OF STATION. ACCORDINGLY, THE RECORD PRESENTS NO LEGAL BASIS FOR REIMBURSEMENT OF THE EXPENSES INCURRED FOR THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS. THE SETTLEMENT OF MARCH 27, 1969, THEREFORE, WAS CORRECT AND IS SUSTAINED.

ON DECEMBER 16, 1968, YOU PRESENTED A CLAIM TO THE AIR FORCE FOR DISLOCATION ALLOWANCE INCIDENT TO THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS ON MAY 3, 1968. IN A "STATEMENT OF FACT" ON WHICH YOUR CLAIM IS BASED YOU FURNISHED INFORMATION CONCERNING YOUR ASSIGNMENT TO ANDREWS AIR FORCE BASE AND RECEIPT OF A DISLOCATION ALLOWANCE INCIDENT TO THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS TO 5811 MIDDLETON COURT IN FEBRUARY 1967. IN ADDITION, YOU FURNISHED INFORMATION SIMILAR TO THAT CONTAINED IN YOUR LETTER OF JUNE 27, 1968, MENTIONED ABOVE. ALSO, YOUR CLAIM IS SUPPORTED BY A STATEMENT FROM A DESIGNATED OFFICER IN THE DIRECTORATE OF ADMINISTRATION, A COPY OF WHICH WAS FORWARDED WITH YOUR LETTER OF APRIL 2, 1969, AS EXPLAINED ABOVE. ON APRIL 10, 1969, THE AIR FORCE ACCOUNTING AND FINANCE CENTER FORWARDED THAT CLAIM TO THIS OFFICE FOR DIRECT SETTLEMENT.

SECTION 407 (A), TITLE 37, U.S. CODE, PROVIDES THAT UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS CHANGE OF PERMANENT STATION IS ENTITLED TO A DISLOCATION ALLOWANCE. PARAGRAPH M9002 -1, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME INVOLVED (NOW PARAGRAPH M9003-1), AUTHORIZES THE PAYMENT OF THE DISLOCATION ALLOWANCE, EXCEPT AS THERE PROVIDED, WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. IT ALSO SPECIFICALLY PROVIDES THAT A STATEMENT FROM THE COMMANDING OFFICER OF THE NEW PERMANENT DUTY STATION THAT THE RELOCATION WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION (OTHER THAN TO A RESTRICTED AREA) IS REQUIRED WHEN THE PERMANENT CHANGE OF STATION IS BETWEEN STATIONS LOCATED IN PROXIMITY TO EACH OTHER, OR WHEN THE RELOCATION OF THE HOUSEHOLD IS BETWEEN PLACES LOCATED IN PROXIMITY TO EACH OTHER WHETHER OR NOT WITHIN THE SAME CITY.

A MEMBER'S ENTITLEMENT TO THE DISLOCATION ALLOWANCE, LIKE HIS ENTITLEMENT TO THE MOVEMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE, IS DEPENDENT UPON A CLEAR AND POSITIVE SHOWING THAT HIS CHANGE OF RESIDENCE WAS NECESSARY AS A DIRECT RESULT OF AN ORDERED CHANGE OF PERMANENT STATION. IN THIS CONNECTION, THE ADMINISTRATIVE DETERMINATION THAT YOUR CHANGE OF RESIDENCE WAS NECESSARY AS A DIRECT RESULT OF YOUR PERMANENT CHANGE OF STATION IS NOT SUPPORTED BY THE RECORD, AS INDICATED ABOVE. WHERE SUCH A DETERMINATION IS SHOWN TO BE CONTRARY TO THE FACTS IT IS NOT CONCLUSIVE IN THE MATTER. SEE 13 COMP. GEN. 410, 419 AND 36 COMP. GEN. 366. CF. 39 COMP. GEN. 561.

IN VIEW OF OUR CONCLUSION, AS STATED ABOVE, THAT THE MOVEMENT OF YOUR EFFECTS TO 5901 MIDDLETON COURT WAS NOT NECESSITATED BY OR RESULTED FROM YOUR PERMANENT CHANGE OF STATION ON APRIL 19, 1967, BUT WAS FOR PERSONAL REASONS, NO AUTHORITY EXISTS FOR THE ALLOWANCE OF YOUR CLAIM FOR A DISLOCATION ALLOWANCE.