B-169326, MAY 5, 1970

B-169326: May 5, 1970

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IS DENIED. CORPORATE LIMITS OF CITY OF JACKSONVILLE WERE EXPANDED TO INCLUDE CITY OF MAYPORT. NO PCS IS INVOLVED WHEN MEMBER IS TRANSFERRED FROM ONE MILITARY INSTALLATION TO ANOTHER WITHIN SAME CITY. REPORTED THAT THE RELOCATION OF THE HOUSEHOLD OF CAPTAIN MICHEEL AND DEPENDENTS WAS NECESSARY AS A DIRECT RESULT OF THE DIRECTED PERMANENT CHANGE OF STATION. THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE WERE EXPANDED TO INCLUDE THE CITY OF MAYPORT. 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. REGULATIONS GOVERNING THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO DISLOCATION ALLOWANCES ARE CONTAINED IN CHAPTER 9 OF THE JOINT TRAVEL REGULATIONS.

B-169326, MAY 5, 1970

TRANSPORTATION--DEPENDENTS--MILITARY PERSONNEL--DISLOCATION ALLOWANCE- MOVES WITHIN SAME CITY, ETC. NAVAL OFFICER'S CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO HIS TRANSFER FROM MAYPORT, FLA. TO JACKSONVILLE, FLA; DIVERTED BY ORDERS DATED MAR. 11, 1969, IS DENIED, AS EFFECTIVE OCT. 1, 1968, CORPORATE LIMITS OF CITY OF JACKSONVILLE WERE EXPANDED TO INCLUDE CITY OF MAYPORT. RIGHT TO DISLOCATION ALLOWANCE CANNOT ARISE UNDER STATUTE (37 U.S.C. 407) UNTIL PERMANENT CHANGE OF STATION (PCS) HAS BEEN ORDERED AND DEPENDENTS MOVE IN CONNECTION WITH SUCH CHANGE OF STATION, AND NO PCS IS INVOLVED WHEN MEMBER IS TRANSFERRED FROM ONE MILITARY INSTALLATION TO ANOTHER WITHIN SAME CITY. SEE COMP. GEN. DECS. AND CT. CASE CITED.

TO LIEUTENANT COMMANDER G. H. YOUNG:

THERE HAS BEEN RECEIVED BY SECOND ENDORSEMENT FROM THE CHIEF OF NAVAL PERSONNEL, DATED FEBRUARY 23, 1970, YOUR LETTER OF SEPTEMBER 26, 1969, IN WHICH YOU REQUEST A DECISION AS TO THE ENTITLEMENT OF CAPTAIN VERNON L. MICHEEL, USN, TO DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES PRESENTED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 70-11, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BUREAU OF NAVAL PERSONNEL ORDERS DATED MARCH 11, 1969, DIRECTED THE TRANSFER OF CAPTAIN MICHEEL, WHEN RELIEVED OF HIS ASSIGNMENT AT THE NAVY STATION, MAYPORT, FLORIDA, TO REPORT TO COMMANDER, FLEET AIR, JACKSONVILLE NAVAL AIR STATION, JACKSONVILLE, FLORIDA, FOR DUTY. THIRD ENDORSEMENT DATED SEPTEMBER 2, 1969, STATES THAT THE OFFICER REPORTED AT HIS NEW DUTY STATION THAT DAY FOR DUTY.

IN HIS CLAIM FOR DISLOCATION ALLOWANCE, DATED SEPTEMBER 8, 1969, CAPTAIN MICHEEL STATED THAT HIS DEPENDENTS TRAVELED ON AUGUST 29, 1969, BY PRIVATELY OWNED VEHICLE FROM MAYPORT, FLORIDA, TO JACKSONVILLE, FLORIDA, A DISTANCE OF OVER 35 MILES.

IN A MEMORANDUM DATED SEPTEMBER 11, 1969, ACCOMPANYING THE CLAIM, THE COMMANDER, FLEET AIR, JACKSONVILLE, REPORTED THAT THE RELOCATION OF THE HOUSEHOLD OF CAPTAIN MICHEEL AND DEPENDENTS WAS NECESSARY AS A DIRECT RESULT OF THE DIRECTED PERMANENT CHANGE OF STATION. HOWEVER, YOU QUESTION THE OFFICER'S ENTITLEMENT TO DISLOCATION ALLOWANCE BECAUSE, EFFECTIVE OCTOBER 1, 1968, THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE WERE EXPANDED TO INCLUDE THE CITY OF MAYPORT, FLORIDA.

SECTION 407 (A) (1), TITLE 37, U.S.C. PROVIDES IN PERTINENT PART 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.

REGULATIONS GOVERNING THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO DISLOCATION ALLOWANCES ARE CONTAINED IN CHAPTER 9 OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH M9003-1 OF THE REGULATIONS PROVIDES THAT EXCEPT AS PROVIDED IN PARAGRAPH M9004, THE DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WITH DEPENDENTS WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH M9004-1, ITEM 4, PROVIDES THAT A DISLOCATION ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE-OF STATION TRAVEL PERFORMED FOR ANY PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED WITHIN THE CORPORATE LIMITS OF THE SAME CITY.

PARAGRAPH M1150-10, JOINT TRAVEL REGULATIONS, DEFINES A PERMANENT STATION IN PERTINENT PART AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL OR A SHIP BASED STAFF INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY," THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.

SECTION 9, ARTICLE VIII, FLORIDA STATE CONSTITUTION, AS AMENDED IN 1934, EMPOWERED THE FLORIDA STATE LEGISLATURE TO ESTABLISH A MUNICIPAL CORPORATION TO BE KNOWN AS THE CITY OF JACKSONVILLE, FLORIDA, EXTENDING TERRITORIALLY THROUGHOUT THE LIMITS OF DUVAL COUNTY, IN THE PLACE OF ANY OR ALL COUNTY, DISTRICT, MUNICIPAL AND LOCAL GOVERNMENTS AND TO PRESCRIBE THE EXECUTIVE, JUDICIAL AND ADMINISTRATIVE POWERS, DUTIES AND FUNCTIONS OF SUCH MUNICIPAL CORPORATION. IT PROVIDED FURTHER THAT NO LAW AUTHORIZING THE ESTABLISHING OR ABOLISHING OF SUCH MUNICIPAL CORPORATION PURSUANT TO THAT SECTION SHALL BECOME OPERATIVE OR EFFECTIVE UNTIL APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS PARTICIPATING IN AN ELECTION HELD IN SUCH COUNTY. ALSO, IT PROVIDED THAT SO LONG AS SUCH MUNICIPAL CORPORATION EXISTS UNDER THAT SECTION THE LEGISLATURE MAY AMEND OR EXTEND THE LAW AUTHORIZING THE SAME WITHOUT REFERENDUM TO QUALIFIED VOTERS UNLESS THE LEGISLATIVE ACT PROVIDING FOR SUCH AMENDMENT OR EXTENSION SHALL PROVIDE FOR SUCH REFERENDUM.

IT APPEARS THAT IN 1967, THE JACKSONVILLE CONSOLIDATED CHARTER WAS ENACTED BY THE FLORIDA LEGISLATURE, WHICH CHARTER WAS SUBSEQUENTLY APPROVED BY THE ELECTORATE OF DUVAL COUNTY. SEE JACKSON V. CONSOLIDATED GOV. OF CITY OF JACKSONVILLE, 225 SO. 2D 497 (1969). UNDER THAT CHARTER, THE NEW MUNICIPAL CORPORATION WAS EXPANDED TO INCLUDE THE AREA OF DUVAL COUNTY, INCLUDING MAYPORT, FLORIDA, THE CORPORATION TAKING OVER, WITH CERTAIN EXCEPTIONS, THE POWERS, DUTIES AND FUNCTIONS OF THE TOWNS AND CITIES THEREIN. THEREFORE, EFFECTIVE OCTOBER 1968, MAYPORT BECAME PART OF THE NEW CONSOLIDATED CITY OF JACKSONVILLE, LOCATED WITHIN THE CORPORATE LIMITS OF THAT CITY.

A RIGHT TO A DISLOCATION ALLOWANCE CANNOT RISE UNDER THE STATUTE (37 U.S.C. 407) UNTIL A "PERMANENT CHANGE OF STATION" HAS BEEN ORDERED AND THE DEPENDENTS MOVE IN CONNECTION WITH SUCH CHANGE OF STATION. HOWEVER, NO PERMANENT CHANGE OF STATION IS INVOLVED WHEN A MEMBER IS TRANSFERRED FROM ONE MILITARY INSTALLATION TO ANOTHER WITHIN THE SAME CITY. 36 COMP. GEN. 113 (1956); ID. 824 (1957); B-140045, JULY 24, 1959; B-167315, JULY 30, 1969. IT FOLLOWS THAT NO PERMANENT CHANGE OF STATION WAS INVOLVED IN THE TRANSFER FROM NAVY STATION, MAYPORT TO NAVAL AIR STATION, JACKSONVILLE, FLORIDA, AND NO RIGHT TO A DISLOCATION ALLOWANCE ACCRUED IN CONNECTION WITH SUCH TRANSFER. ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF THE MEMBER'S CLAIM AND THE SUBMITTED VOUCHER WILL BE RETAINED HERE.

CAPTAIN MICHEEL'S ORIGINAL ORDERS DATED MARCH 11, 1969, AND ENDORSEMENTS, ARE RETURNED HEREWITH.