B-167903, OCTOBER 13, 1969, 49 COMP. GEN. 231

B-167903, OCTOBER 13, 1969, 49 COMP. GEN. 231

TRANSPORTATION -- DEPENDENTS -- MILITARY PERSONNEL -- DISLOCATION ALLOWANCE -- MORE THAN ONE MOVE IN FISCAL YEAR AN ARMY OFFICER WHO INCIDENT TO OVERSEAS TRANSFER ORDERS AMENDED TO REASSIGN HIM WITHIN THE UNITED STATES MOVES HIS DEPENDENTS DURING A FISCAL YEAR TO A SELECTED PERMANENT RESIDENCE AND THEN TO HIS NEW DUTY STATION, FOR WHICH MOVE HE WAS PAID THE DISLOCATION ALLOWANCE PRESCRIBED BY PARAGRAPH M9000 OF THE JOINT TRAVEL REGULATIONS (JTR) TO PARTIALLY REIMBURSE A MEMBER FOR EXPENSES INCURRED IN RELOCATING A HOUSEHOLD UPON PERMANENT CHANGE OF STATION, MAY NOT BE PAID A SECOND DISLOCATION ALLOWANCE. 37 U.S.C. 407, AND PARAGRAPH M9002 OF THE JTR LIMIT PAYMENT IN CONNECTION WITH A PERMANENT CHANGE OF STATION TO ONE DISLOCATION ALLOWANCE IN A FISCAL YEAR, UNLESS THE EXIGENCIES OF THE SERVICE REQUIRE MORE THAN ONE CHANGE, AND 37 U.S.C. 406A, PROVIDING ADDITIONAL TRAVEL AND TRANSPORTATION ALLOWANCES WHEN ORDERS ARE AMENDED HAS NO APPLICATION TO A DISLOCATION ALLOWANCE.

TO MAJOR W. W. SPEAR, DEFENSE SUPPLY AGENCY, OCTOBER 13, 1969:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 18, 1969 (REF-DCRS FO), FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, REQUESTING A DECISION OF THE COMPTROLLER GENERAL AS TO WHETHER CAPTAIN MICHAEL F. DAWES, USA, 05 322 785, IS ENTITLED TO A SECOND DISLOCATION ALLOWANCE UNDER THE CIRCUMSTANCES DESCRIBED. YOUR REQUEST FOR DECISION WAS ASSIGNED PDTATAC CONTROL NO. 69-34.

SPECIAL ORDERS 288 DATED DECEMBER 12, 1968, HEADQUARTERS, U.S. ARMY QUARTERMASTER CENTER AND FORT LEE, FORT LEE, VIRGINIA, ASSIGNED CAPTAIN DAWES TO WOBR, VIETNAM TRANSIT DETACHMENT, APO SAN FRANCISCO 96384, FOR FURTHER ASSIGNMENT IF INDICATED, WITH THE AVAILABILITY DATE SHOWN AS JANUARY 30, 1969. BY SPECIAL ORDERS 23 DATED JANUARY 31, 1969, LETTERMAN GENERAL HOSPITAL, SAN FRANCISCO, CALIFORNIA, THE ORDERS OF DECEMBER 12, 1968, WERE AMENDED TO CHANGE THE REASSIGNMENT OF CAPTAIN DAWES FROM THE VIETNAM ORGANIZATION TO THE DEFENSE CONTRACT ADMINISTRATION SERVICE REGION, ST. LOUIS, MISSOURI, TO REPORT THERE FEBRUARY 21, 1969.

IT IS STATED IN YOUR LETTER OF AUGUST 18, 1969, THAT ACTING ON THE ORDERS OF DECEMBER 12, 1968, CAPTAIN DAWES MOVED HIS DEPENDENT FROM FORT LEE TO GREENVILLE, SOUTH CAROLINA, AND AFTER ESTABLISHING A PERMANENT RESIDENCE, HE PROCEEDED TO TRAVIS AIR FORCE BASE FOR TRANSPORTATION TO HIS OVERSEAS ASSIGNMENT; THAT HE LATER RETURNED TO GREENVILLE AND MOVED HIS DEPENDENT FROM THE DESIGNATED LOCATION TO ST. LOUIS; AND THAT DISLOCATION ALLOWANCE WAS PAID TO HIM ON MAY 29, 1969, AFTER COMPLETION OF THE MOVE TO ST. LOUIS.

YOU REFER IN YOUR LETTER TO PARAGRAPH M9000 OF THE JOINT TRAVEL REGULATIONS WHICH STATES THAT THE PURPOSE OF THE DISLOCATION ALLOWANCE IS TO PARTIALLY REIMBURSE A MEMBER FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A PERMANENT CHANGE OF STATION. YOU QUOTE FROM THE DECISION OF SEPTEMBER 29, 1955, 35 COMP. GEN. 159, AS FOLLOWS:

*** THAT WHEN DEPENDENTS ARE MOVED TO A DESIGNATED PLACE UNDER AUTHORITY OF CHAPTER 7, PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, INCIDENT TO A MEMBER'S ASSIGNMENT UNDER PERMANENT CHANGE OF STATION ORDERS TO A PLACE TO WHICH HIS DEPENDENTS ARE NOT PERMITTED TO ACCOMPANY HIM, AND LATER ARE MOVED TO THE NEW STATION WHEN CONDITIONS PERMIT SUCH TRAVEL, BUT ONE DISLOCATION ALLOWANCE, PAYABLE UPON COMPLETION OF TRAVEL TO THE DESIGNATED PLACE, IS AUTHORIZED EVEN THOUGH TWO DISLOCATIONS ARE INVOLVED. SIMILARLY, TWO DISLOCATIONS, ONE IN MOVING DEPENDENT TO A DESIGNATED PLACE AND A SECOND IN MOVING THEM TO A NEW DUTY STATION, OCCUR WHEN A MEMBER'S DEPENDENTS ARE NOT MOVED TO AN INITIAL OVERSEAS STATION BUT ARE LATER MOVED TO A SUBSEQUENTLY ASSIGNED OVERSEAS STATION OR TO A NEW STATION IN THE UNITED STATES. ***

YOU SAY IN THE FIRST INSTANCE THAT IT APPEARS THE MEMBER'S DUTY STATION WAS NOT CHANGED WHILE IN THE SECOND INSTANCE THE MEMBER WAS ASSIGNED TO A NEW DUTY STATION AND THE MOVE WAS MADE IN A SUBSEQUENT FISCAL YEAR.

YOU ALSO SAY THAT WHILE IT IS RECOGNIZED THE STATUTORY LIMITATION PROVIDES FOR PAYMENT OF ONLY ONE DISLOCATION ALLOWANCE WITHIN A GIVEN FISCAL YEAR, A QUESTION DOES ARISE AS TO THE PROPRIETY OF DENYING A MEMBER REIMBURSEMENT FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD A SECOND TIME UPON PERMANENT CHANGE OF STATION ORDERS WHICH WERE AMENDED. IT IS POINTED OUT BY YOU THAT CAPTAIN DAWES IN COMPLYING WITH HIS ORIGINAL AND AMENDED ORDERS WAS REQUIRED TO ESTABLISH TWO RESIDENCES AND INCUR THE RELATED EXPENSES.

ON THE BASIS OF THESE FACTS, YOU REQUEST A DECISION AS TO WHETHER THE VOUCHER CLAIMING A SECOND DISLOCATION ALLOWANCE WITHIN THE SAME FISCAL YEAR MAY BE PAID.

SECTION 407 OF TITLE 37, U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, A MEMBER OF A UNIFORMED SERVICE WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS CHANGE OF PERMANENT STATION IS ENTITLED TO A DISLOCATION ALLOWANCE BUT, WITH EXCEPTIONS NOT INVOLVED HERE, HE IS NOT ENTITLED TO MORE THAN ONE DISLOCATION ALLOWANCE DURING A FISCAL YEAR UNLESS THE SECRETARY CONCERNED FINDS THAT THE EXIGENCIES OF THE SERVICE REQUIRE THE MEMBER TO MAKE MORE THAN ONE SUCH CHANGE OF STATION DURING THAT FISCAL YEAR.

UNDER THE LAW AN ORDERED CHANGE OF PERMANENT STATION IS A CONDITION PRECEDENT TO ENTITLEMENT TO THE DISLOCATION ALLOWANCE. AND, PARAGRAPH M9002 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE STATUTE, PROVIDES THAT THE DISLOCATION ALLOWANCE WILL NOT BE PAID MORE THAN ONCE IN CONNECTION WITH ANY ONE PERMANENT CHANGE OF STATION.

CAPTAIN DAWES' ORDERS AS AMENDED INVOLVED ONLY ONE CHANGE OF PERMANENT STATION FROM FORT LEE, VIRGINIA, TO ST. LOUIS, MISSOURI. SINCE HE HAS BEEN PAID A DISLOCATION ALLOWANCE INCIDENT TO THAT MOVE, THERE IS NO AUTHORITY UNDER THE LAW AND REGULATIONS TO PAY HIM A SECOND DISLOCATION ALLOWANCE.

SECTION 406A OF TITLE 37, U.S.C. PROVIDES AUTHORITY FOR ADDITIONAL TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTIONS 406 AND 409 OF TITLE 37 FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT A MEMBER TO MAKE A CHANGE OF STATION AND THAT ARE LATER MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION. HOWEVER, THE DISLOCATION ALLOWANCE IS AUTHORIZED BY SECTION 407 OF TITLE 37 AND DOES NOT COME WITHIN THE PROVISIONS OF SECTION 406A. THUS SECTION 406A, IF APPLICABLE IN CAPTAIN DAWES' CASE, AFFORDS NO AUTHORITY FOR PAYMENT OF A DISLOCATION ALLOWANCE TO HIM.

YOUR QUESTION IS ANSWERED IN THE NEGATIVE.

THE VOUCHER AND ACCOMPANYING PAPERS FORWARDED WITH YOUR LETTER OF AUGUST 18, 1969, WILL BE RETAINED BY OUR OFFICE.