B-170293, SEP. 9, 1970

B-170293: Sep 9, 1970

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UNIFORMED SERVICE MEMBER WHO UPON RETURNING FROM OVERSEAS TO STATESIDE SIGNED ONE YEAR LEASE AND RESIDED WITH FAMILY AT THE OLD PLACE OF RESIDENCE BECAUSE NO GOVERNMENT QUARTERS WERE AVAILABLE AND MORE THAN ONE YEAR LATER. FOR MORE SUITABLE LIVING QUARTERS IS DISALLOWED CLAIM FOR DISLOCATION ALLOWANCE. SINCE MOVE WAS FOR PERSONAL REASONS. YOUR TEMPORARY ADDRESS WAS SHOWN TO BE 15A AZALEA COURT. YOU HAVE STATED THAT YOUR FAMILY MOVED TO 15A AZALEA COURT. YOU SAY YOU FOUND IT NECESSARY FOR YOUR FAMILY TO REMAIN AT THAT ADDRESS AS THERE WAS A WAITING LIST OF FOUR TO FIVE MONTHS FOR STUDENT QUARTERS AND YOU WERE UNABLE TO FIND ADEQUATE QUARTERS AT A REASONABLE PRICE ELSEWHERE. YOU SAY YOU WERE INFORMED THAT THERE WAS A SIX TO NINE MONTH WAITING PERIOD FOR PERMANENT PARTY GOVERNMENT QUARTERS.

B-170293, SEP. 9, 1970

DISLOCATION ALLOWANCE SUSTAINING THE SETTLEMENT OF MAY 12, 1970, DISALLOWING CLAIM FOR DISLOCATION ALLOWANCE DUE TO MOVEMENT OF RESIDENCE TO NEARBY LOCATION IN THE SAME COMMUNITY IN EATONTOWN, NEW JERSEY. UNIFORMED SERVICE MEMBER WHO UPON RETURNING FROM OVERSEAS TO STATESIDE SIGNED ONE YEAR LEASE AND RESIDED WITH FAMILY AT THE OLD PLACE OF RESIDENCE BECAUSE NO GOVERNMENT QUARTERS WERE AVAILABLE AND MORE THAN ONE YEAR LATER, RELOCATED HIS FAMILY AT GOVERNMENT EXPENSE TO A NEW RESIDENCE WITHIN THE SAME COMMUNITY, FOR MORE SUITABLE LIVING QUARTERS IS DISALLOWED CLAIM FOR DISLOCATION ALLOWANCE, SINCE MOVE WAS FOR PERSONAL REASONS, AND NOT DUE TO PERMANENT CHANGE OF STATION.

TO MAJOR CURTIS J. WASHBURN:

IN YOUR LETTER OF JUNE 3, 1970, YOU REQUEST RECONSIDERATION OF THE SETTLEMENT OF MAY 12, 1970, WHICH DISALLOWED YOUR CLAIM FOR A DISLOCATION ALLOWANCE IN CONNECTION WITH THE MOVEMENT OF YOUR HOUSEHOLD FROM 15A AZALEA COURT, EATONTOWN, NEW JERSEY, TO 157A WYCOFF ROAD, EATONTOWN, NEW JERSEY, ON SEPTEMBER 16, 1969.

SPECIAL ORDERS 173, DATED JUNE 21, 1968, HEADQUARTERS 525TH MILITARY INTELLIGENCE GROUP, APO SAN FRANCISCO 96307, DIRECTED YOUR PERMANENT CHANGE OF STATION TO STUDENT DETACHMENT, UNITED STATES ARMY SIGNAL CORPS SCHOOL, FORT MONMOUTH, NEW JERSEY, FOR A PERIOD IN EXCESS OF 20 WEEKS, EFFECTIVE SEPTEMBER 11, 1968. YOUR TEMPORARY ADDRESS WAS SHOWN TO BE 15A AZALEA COURT, EATONTOWN, NEW JERSEY.

SPECIAL ORDERS 193, AUGUST 21, 1969, HEADQUARTERS UNITED STATES ARMY SIGNAL CENTER AND SCHOOL, FORT MONMOUTH, DIRECTED YOUR REASSIGNMENT TO THE SIGNAL SCHOOL CENTER, FORT MONMOUTH, EFFECTIVE AUGUST 22, 1969.

YOU HAVE STATED THAT YOUR FAMILY MOVED TO 15A AZALEA COURT, EATONTOWN, NEW JERSEY, IN SEPTEMBER 1967 IN CONNECTION WITH YOUR PERMANENT CHANGE OF STATION REASSIGNMENT FROM GERMANY TO THE REPUBLIC OF VIETNAM. UPON YOUR ASSIGNMENT TO FORT MONMOUTH IN SEPTEMBER 1968, YOU SAY YOU FOUND IT NECESSARY FOR YOUR FAMILY TO REMAIN AT THAT ADDRESS AS THERE WAS A WAITING LIST OF FOUR TO FIVE MONTHS FOR STUDENT QUARTERS AND YOU WERE UNABLE TO FIND ADEQUATE QUARTERS AT A REASONABLE PRICE ELSEWHERE. THEREFORE, IN SEPTEMBER 1968 YOU SIGNED ANOTHER YEAR'S LEASE FOR THE SAME RESIDENCE. AFTER REASSIGNMENT TO THE SIGNAL SCHOOL CENTER IN AUGUST 1969, YOU SAY YOU WERE INFORMED THAT THERE WAS A SIX TO NINE MONTH WAITING PERIOD FOR PERMANENT PARTY GOVERNMENT QUARTERS. HOWEVER, IN SEPTEMBER 1969, UPON TERMINATION OF YOUR LEASE AGREEMENT, YOU RELATE THAT YOU WERE ABLE TO SECURE ADEQUATE HOUSING AT A REASONABLE PRICE AT 157A WYCOFF ROAD, EATONTOWN, NEW JERSEY, AND YOU WERE MOVED AT GOVERNMENT EXPENSE TO YOUR NEW RESIDENCE ON SEPTEMBER 16, 1969.

YOU HAVE CERTIFIED THAT THIS RELOCATION WAS MADE AS A DIRECT RESULT OF YOUR PERMANENT CHANGE OF STATION FROM A RESTRICTED AREA, THE REPUBLIC OF VIETNAM, TO FORT MONMOUTH, NEW JERSEY. YOU EXPRESS THE BELIEF THAT YOU ARE ENTITLED TO THE PAYMENT OF A DISLOCATION ALLOWANCE AS YOU RELOCATED YOUR FAMILY ON COMPETENT GOVERNMENT ORDERS. YOU INDICATE THAT YOU ARE OF THE OPINION THAT THE SHORTAGE OF GOVERNMENT HOUSING AND REASONABLY PRICED OFF-POST HOUSING WERE SUFFICIENT REASONS FOR REMAINING AT 15A AZALEA COURT UNTIL SEPTEMBER 1969. YOU CONTEND THAT SINCE THE RELOCATION WAS BASED ON A PERMANENT CHANGE OF STATION FROM A RESTRICTED AREA, A STATEMENT OF YOUR COMMANDING OFFICER IS NOT REQUIRED AS WAS STATED IN THE SETTLEMENT OF MAY 12, 1970, AND THAT YOUR STATEMENT SATISFIES THE REQUIREMENTS OF THE JOINT TRAVEL REGULATIONS.

YOUR CLAIM WAS DENIED ADMINISTRATIVELY AND WAS RECEIVED FROM THE FINANCE CENTER, UNITED STATES ARMY, ON MARCH 12, 1970, AND DISALLOWED BY CLAIMS DIVISION SETTLEMENT OF MAY 12, 1970.

SECTION 407(A), 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.

PARAGRAPH M9003-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT A DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WITH DEPENDENTS WHENEVER THE DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. ACTUAL TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT A PREREQUISITE TO ENTITLEMENT. STATEMENT FROM THE COMMANDING OFFICER OF THE NEW PERMANENT DUTY STATION THAT THE RELOCATION OF THE HOUSEHOLD OF THE MEMBER WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION (OTHER THAN A PERMANENT CHANGE OF STATION FROM OR 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 LOCATED WITHIN THE SAME CITY. WHEN THE RELOCATION OF THE HOUSEHOLD IS A DIRECT RESULT OF THE MEMBER'S PERMANENT CHANGE OF STATION FROM OR TO A RESTRICTED AREA, THE REGULATION PROVIDES THAT THE MEMBER'S STATEMENT REGARDING THE MOVE WILL BE ACCEPTED.

PARAGRAPH M9002-1, CHANGE 87, DECEMBER 1, 1959, REQUIRED A STATEMENT OF THE COMMANDING OFFICER OF THE NEW PERMANENT DUTY STATION THAT THE RELOCATION OF A HOUSEHOLD WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION WHEN THE PERMANENT CHANGE OF STATION WAS BETWEEN STATIONS LOCATED IN PROXIMITY TO EACH OTHER OR WHEN THE RELOCATION OF THE HOUSEHOLD WAS BETWEEN PLACES LOCATED IN PROXIMITY TO EACH OTHER WHETHER OR NOT WITHIN THE SAME CITY. IN THE ABSENCE OF SUCH CERTIFICATION, THE PAYMENT OF A DISLOCATION ALLOWANCE WAS NOT AUTHORIZED. DECISION B-150597, A DISLOCATION ALLOWANCE WAS NOT AUTHORIZED. DECISION B -150597, FEBRUARY 1, 1963, COPY ENCLOSED. BY CHANGE 167, DECEMBER 1, 1966, PARAGRAPH M9002-1 WAS AMENDED TO PROVIDE THAT WHEN THE RELOCATION OF THE HOUSEHOLD WAS A DIRECT RESULT OF THE MEMBER'S PERMANENT CHANGE OF STATION TO A RESTRICTED AREA, THE MEMBER'S STATEMENT REGARDING THE MOVE WOULD BE ACCEPTED.

BY CHANGE 184, MAY 1, 1968, THE PARAGRAPH WAS CHANGED TO PROVIDE FOR A MEMBER'S STATEMENT WHERE THE PERMANENT CHANGE OF STATION WAS FROM, AS WELL AS, TO, A RESTRICTED AREA. ALSO, THE PARAGRAPH WAS RENUMBERED AS PARAGRAPH M9003-1, ITS PRESENT DESIGNATION.

THE CLEAR PURPOSE OF THIS PROVISION, IN EFFECT AT THE TIME INVOLVED, IS TO DISPENSE WITH THE NECESSITY OF OBTAINING A COMMANDING OFFICER'S STATEMENT IN CASES INVOLVING A TRANSFER TO OR FROM A RESTRICTED AREA AND TO ACCEPT, IN LIEU OF IT, THE MEMBER'S OWN STATEMENT OF FACTS SHOWING THAT THE MOVE WAS MADE NECESSARY AS A DIRECT RESULT OF HIS PERMANENT CHANGE OF STATION. THEREFORE, THE FAILURE TO OBTAIN A STATEMENT FROM THE COMMANDING OFFICER OF THE NEW PERMANENT DUTY STATION IS NOT, OF ITSELF, A BASIS FOR DISALLOWANCE OF A CLAIM FOR A DISLOCATION ALLOWANCE IN SUCH CIRCUMSTANCES.

A MEMBER'S ENTITLEMENT TO A DISLOCATION ALLOWANCE 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, WHERE THERE IS AN ADMINISTRATIVE DETERMINATION, SUCH AS A COMMANDING OFFICER'S STATEMENT, THAT A CHANGE OF RESIDENCE IS NECESSARY AS A DIRECT RESULT OF A PERMANENT CHANGE OF STATION, AND IT IS NOT SUPPORTED BY THE RECORD AND IS SHOWN TO BE CONTRARY TO THE FACTS, IT IS NOT CONCLUSIVE IN THE MATTER AND THE ALLOWANCE CLAIMED HAS BEEN DISALLOWED. DECISION B-166739, JULY 11, 1969, COPY ENCLOSED. LIKEWISE, A MEMBER'S STATEMENT MADE IN CONNECTION WITH HIS CLAIM FOR A DISLOCATION ALLOWANCE IS NOT CONCLUSIVE AND MUST BE CONSIDERED IN LIGHT OF THE RECORD BEFORE US.

YOU SIGNED A YEAR'S LEASE FOR YOUR FORMER RESIDENCE IN EATONTOWN, NEW JERSEY, SHORTLY AFTER YOUR ARRIVAL AT FORT MONMOUTH, AND UPON ITS EXPIRATION IN SEPTEMBER 1969, A YEAR LATER, YOU OBTAINED MORE DESIRABLE ACCOMMODATIONS AND RELOCATED YOUR HOUSEHOLD IN THE SAME COMMUNITY.

IT APPEARS THAT YOUR DESIRE TO FIND MORE SUITABLE LIVING QUARTERS NEARBY, UPON EXPIRATION OF THE LEASE OF THE QUARTERS YOUR FAMILY HAD OCCUPIED SINCE SEPTEMBER 1967, WAS THE REASON FOR YOUR RELOCATION FROM 15A AZALEA COURT, EATONTOWN, NEW JERSEY, TO 157A WYCOFF ROAD, IN THE SAME CITY.

WHILE DELAY IN RELOCATING A MEMBER'S HOUSEHOLD DOES NOT OF ITSELF BAR PAYMENT OF A DISLOCATION ALLOWANCE, SUCH LONG DELAY, AS IN YOUR CASE, COUPLED WITH THE FACT THAT THE HOUSEHOLD WAS RELOCATED TO ANOTHER RESIDENCE IN THE SAME COMMUNITY, NO EXPLANATION HAVING BEEN FURNISHED AS TO THE NECESSITY OF MOVING FROM 15A AZALEA COURT, IS INDICATIVE OF A CHANGE FOR PERSONAL REASONS, AND NOT BECAUSE OF A PERMANENT CHANGE OF STATION.

SINCE YOU HAVE FURNISHED NO CLEAR SHOWING THAT THE CHANGE OF RESIDENCE WAS NECESSARY AS A DIRECT RESULT OF YOUR PERMANENT CHANGE OF STATION FROM THE REPUBLIC OF VIETNAM TO FORT MONMOUTH, NEW JERSEY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED ON THE BASIS OF THE PRESENT RECORD.