B-173714, OCT 27, 1971

B-173714: Oct 27, 1971

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THE OFFICER IS ENTITLED TO A TRANSPORTATION ALLOWANCE FOR HER TRAVEL. HE IS ENTITLED TO A MONETARY ALLOWANCE UNDER M7058 OF THE JTR. ONLY ONE DISLOCATION ALLOWANCE WILL BE ALLOWED IN THE ABSENCE OF A FINDING BY THE SECRETARY OF THE NAVY. L. DREHER: REFERENCE IS MADE TO YOUR LETTER OF MAY 24. THE THEN CAPTAIN TURNER WAS DIRECTED TO PROCEED. ENDORSEMENTS ON ORDERS SHOW THAT THE OFFICER WAS DETACHED ON AUGUST 27. ADMIRAL TURNER WAS DIRECTED BY PERMANENT CHANGE-OF-STATION ORDERS DATED FEBRUARY 12. THE ORDERS DIRECTED FURTHER THAT UPON COMPLETION OF THE TEMPORARY DUTY HE WAS TO PROCEED AND REPORT TO CHIEF OF NAVAL OPERATIONS. THE OFFICER IS CLAIMING MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE CIRCUITOUS TRAVEL OF HIS DEPENDENT WIFE FROM WASHINGTON.

B-173714, OCT 27, 1971

MILITARY PERSONNEL - TRANSPORTATION & DISLOCATION ALLOWANCES DECISION CONCERNING PAYMENTS CLAIMED BY REAR ADMIRAL STANSFIELD TURNER, USN, FOR TRANSPORTATION OF HIS DEPENDENT WIFE AND DISLOCATION ALLOWANCES INCIDENT TO A CHANGE OF STATION FOLLOWING A TEMPORARY ASSIGNMENT IN THE MEDITERRANEAN AREA. SINCE THE OFFICER'S WIFE, WHILE TRAVELING FROM WASHINGTON, D.C., TO NAPLES, ITALY, TO NORFOLK, VA., DID PERFORM TRAVEL FROM THE OLD TO THE NEW PERMANENT STATION WITH THE INTENTION OF ESTABLISHING A RESIDENCE THERE, THE OFFICER IS ENTITLED TO A TRANSPORTATION ALLOWANCE FOR HER TRAVEL, NOT TO EXCEED THE DISTANCE FROM WASHINGTON, D.C., TO NORFOLK, VA. ALSO, SINCE THE OFFICER'S WIFE TRAVELED FROM NORFOLK TO WASHINGTON INCIDENT TO SUBSEQUENT ORDERS, HE IS ENTITLED TO A MONETARY ALLOWANCE UNDER M7058 OF THE JTR. HOWEVER, ONLY ONE DISLOCATION ALLOWANCE WILL BE ALLOWED IN THE ABSENCE OF A FINDING BY THE SECRETARY OF THE NAVY, PURSUANT TO 37 U.S.C. 407(B), THAT THE EXIGENCIES OF THE SERVICE REQUIRED MORE THAN ONE CHANGE OF STATION DURING THE FISCAL YEAR.

TO LIEUTENANT D. L. DREHER:

REFERENCE IS MADE TO YOUR LETTER OF MAY 24, 1971, WITH ENCLOSURES, REQUESTING A DECISION WHETHER PAYMENT MAY BE MADE TO REAR ADMIRAL STANSFIELD TURNER, USN, FOR TRANSPORTATION OF HIS DEPENDENT WIFE BY CIRCUITOUS TRAVEL FROM WASHINGTON, D.C., TO NORFOLK, VIRGINIA, HOME PORT OF THE FLAGSHIP, CRUISER-DESTROYER FLOTILLA EIGHT, AND TO A DISLOCATION ALLOWANCE IN CONNECTION WITH THAT TRAVEL UNDER THE CIRCUMSTANCES PRESENTED AS WELL AS FOR TRANSPORTATION OF HIS DEPENDENT FROM NORFOLK TO WASHINGTON, D.C., AND DISLOCATION ALLOWANCE FOR TRAVEL PERFORMED INCIDENT TO A SUBSEQUENT CHANGE OF STATION AS EXPLAINED IN YOUR LETTER. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 71-29 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY BUREAU OF NAVAL PERSONNEL ORDERS DATED AUGUST 3, 1970, THE THEN CAPTAIN TURNER WAS DIRECTED TO PROCEED, WHEN DIRECTED IN AUGUST OR SEPTEMBER 1970, TO THE PORT IN WHICH FLAGSHIP COMMANDER, CRUISER DESTROYER FLOTILLA EIGHT, MAY BE AND REPORT FOR DUTY AS HIS RELIEF. ENDORSEMENTS ON ORDERS SHOW THAT THE OFFICER WAS DETACHED ON AUGUST 27, 1970, AND HE REPORTED ON BOARD HIS DUTY STATION ON SEPTEMBER 23, 1970.

ADMIRAL TURNER WAS DIRECTED BY PERMANENT CHANGE-OF-STATION ORDERS DATED FEBRUARY 12, 1971, TO PROCEED ABOUT MARCH 8, 1971, WHEN RELIEVED FROM DUTY AS COMMANDER, CRUISER-DESTROYER FLOTILLA EIGHT, TO THE PORT IN WHICH COMMANDER, CRUISER-DESTROYER FLOTILLA FOUR, MAY BE AND, UPON ARRIVAL, REPORT FOR TEMPORARY DUTY FOR ABOUT ONE DAY. THE ORDERS DIRECTED FURTHER THAT UPON COMPLETION OF THE TEMPORARY DUTY HE WAS TO PROCEED AND REPORT TO CHIEF OF NAVAL OPERATIONS, WASHINGTON, D.C., FOR DUTY. ENDORSEMENTS ON THE ORDERS SHOW THAT THE OFFICER REPORTED FOR TEMPORARY DUTY AT NORFOLK, VIRGINIA ON MARCH 10, 1971, COMPLETED THE TEMPORARY DUTY DIRECTED AND DEPARTED THAT DAY.

THE OFFICER IS CLAIMING MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE CIRCUITOUS TRAVEL OF HIS DEPENDENT WIFE FROM WASHINGTON, D.C., TO NORFOLK, VIRGINIA, AND DISLOCATION ALLOWANCE IN CONNECTION WITH THIS MOVE INCIDENT TO ORDERS DATED AUGUST 3, 1970. HE IS ALSO CLAIMING TRANSPORTATION ALLOWANCE FOR HIS WIFE'S TRAVEL FROM NORFOLK, VIRGINIA, TO WASHINGTON, D.C., AND DISLOCATION ALLOWANCE INCIDENT TO ORDERS DATED FEBRUARY 12, 1971.

IN A LETTER DATED APRIL 26, 1971, ACCOMPANYING HIS CLAIMS, THE OFFICER SAYS THAT THE COMMAND TO WHICH HE WAS ORDERED TO REPORT UNDER ORDERS OF AUGUST 3, 1970, WAS HOMEPORTED IN NORFOLK, VIRGINIA, BUT WAS DEPLOYED IN THE MEDITERRANEAN AT THE TIME HE WAS TO REPORT. HE CLOSED HIS HOME IN WASHINGTON, MOVED HIS EFFECTS INTO STORAGE AND PROCEEDED DIRECTLY TO THE MEDITERRANEAN AREA. HE SAYS THAT HIS WIFE JOINED HIM IN NAPLES, ITALY, AND ESTABLISHED THEIR RESIDENCE IN VARIOUS HOTELS.

THE OFFICER SAYS FURTHER THAT HE HAD INTENDED TO MOVE HIS WIFE AND HOUSEHOLD GOODS TO NORFOLK UPON RETURN OF THE FLOTILLA TO NORFOLK IN MARCH 1971. HOWEVER, ON FEBRUARY 12, 1971, HE RECEIVED ORDERS DIRECTING HIS DETACHMENT FROM HIS DUTY STATION IN MARCH 1971, FOR DUTY IN WASHINGTON, D.C. HE SAYS FURTHER THAT HE WAS IN THE NORFOLK AREA FOR ABOUT ONE WEEK BEFORE HE WAS DETACHED AND THEREFORE DID NOT MOVE HIS HOUSEHOLD GOODS FROM WASHINGTON, D.C. WHILE HIS WIFE'S TRAVEL TO NORFOLK WAS NOT COMPLETED UNTIL AFTER RECEIPT OF HIS NEW ORDERS, HE SAYS SHE DID TRAVEL FROM WASHINGTON, D.C., TO NORFOLK, VIRGINIA, ON MARCH 2, 1971. HE CONTENDS HER PRESENCE IN NORFOLK DURING HIS BRIEF TOUR THERE WAS OF IMPORTANCE IN VIEW OF THE NUMBER OF PROTOCOL AND CEREMONIAL EVENTS THAT TRANSPIRED. HE IS THEREFORE CLAIMING TRANSPORTATION ALLOWANCE FOR HIS WIFE'S TRAVEL FROM WASHINGTON, D.C., TO NORFOLK, VIRGINIA, AND A DISLOCATION ALLOWANCE IN CONNECTION WITH THAT MOVE.

THE OFFICER SAYS FURTHER THAT UPON DETACHMENT FROM DUTY IN NORFOLK ON MARCH 10, 1971, HE DISESTABLISHED HIS TEMPORARY HOUSEHOLD IN NORFOLK AND HAD HIS HOUSEHOLD GOODS MOVED OUT OF STORAGE INTO HIS HOME IN WASHINGTON. HIS WIFE TRAVELED FROM NORFOLK TO WASHINGTON ON MARCH 11, 1971. HE IS THEREFORE CLAIMING TRANSPORTATION ALLOWANCE FOR HIS WIFE'S TRAVEL AND A DISLOCATION ALLOWANCE INCIDENT TO SUCH MOVEMENT UNDER ORDERS DATED FEBRUARY 12, 1971.

IN YOUR LETTER YOU SAY THAT INCIDENT TO ORDERS OF AUGUST 3, 1970, ADMIRAL TURNER'S HOUSEHOLD GOODS WERE MOVED FROM HIS RESIDENCE TO STORAGE. HIS WIFE LEFT WASHINGTON, D.C., AND ARRIVED IN NAPLES, ITALY, ON SEPTEMBER 23, 1970, STAYING THERE UNTIL FEBRUARY 21, 1971, AT WHICH TIME SHE RETURNED TO THE UNITED STATES. ON MARCH 3, 1971, SHE ARRIVED IN NORFOLK, VIRGINIA, AND ON MARCH 11, 1971, SHE AND HER HUSBAND TRAVELED TO WASHINGTON, D.C.

YOU SAY FURTHER THAT AS EVIDENCE OF INTENT TO ESTABLISH A RESIDENCE AT NORFOLK, VIRGINIA, THE HOME PORT OF HIS DUTY STATION, THE OFFICER HAD STATED HE HAD LEASED HIS HOUSE IN WASHINGTON, D.C., AND HAD BEEN IN CONTACT WITH THE COMMANDANT, FIFTH NAVAL DISTRICT, NORFOLK, VIRGINIA, RELATIVE TO ASSIGNMENT OF GOVERNMENT QUARTERS IN THAT AREA. HOWEVER, ON FEBRUARY 12, 1971, WHILE THE OFFICER WAS STILL WITH HIS AFLOAT COMMAND IN NAPLES, HE RECEIVED HIS PERMANENT CHANGE-OF-STATION ORDERS ASSIGNING HIM TO DUTY IN WASHINGTON, D.C. WHILE AT THE TIME THE OFFICER'S HOUSEHOLD GOODS WERE IN STORAGE, HIS DEPENDENT WAS IN NAPLES, ITALY, INCIDENT TO CIRCUITOUS TRAVEL TO NORFOLK, VIRGINIA, TO ESTABLISH A PERMANENT TYPE RESIDENCE THERE.

SINCE THE OFFICER HAD ALREADY RECEIVED NEW ORDERS FOR DUTY IN WASHINGTON, D.C., YOU SUGGEST THAT HER SUBSEQUENT TRAVEL TO NORFOLK WAS NOT TO ESTABLISH A PERMANENT TYPE RESIDENCE. YOU THEREFORE EXPRESS DOUBT AS TO WHETHER DEPENDENT'S TRANSPORTATION TO NORFOLK, VIRGINIA, AND LATER TO WASHINGTON, D.C., WAS AUTHORIZED UNDER PARAGRAPHS M7057 AND M7058 OF THE JOINT TRAVEL REGULATIONS, OR WHETHER THE PROVISIONS OF PARAGRAPH M7000-12 OF THE REGULATIONS PRECLUDE ENTITLEMENT.

YOU ALSO EXPRESS DOUBT WHETHER THE MOVEMENT OF THE MEMBER'S HOUSEHOLD GOODS INTO STORAGE AND THE PERFORMANCE OF TRAVEL BY HIS DEPENDENTS WITH THE INTENT TO ESTABLISH PERMANENT TYPE OF RESIDENCE CONSTITUTE A RELOCATION OF THE DEPENDENT'S HOUSEHOLD SO AS TO ENTITLE THE MEMBER TO A DISLOCATION ALLOWANCE UNDER PARAGRAPH M9003-1 OF THE REGULATIONS. ADDITION YOU REQUEST A DECISION WHETHER ENTITLEMENT TO A DISLOCATION ALLOWANCE EXISTS INCIDENT TO THE SECOND PERMANENT CHANGE-OF-STATION ORDERS UPON THE RELOCATION OF HIS DEPENDENT AND HOUSEHOLD EFFECTS FROM STORAGE TO THE SAME RESIDENCE HE OCCUPIED WHEN THE FIRST ORDERS WERE RECEIVED.

IN THE FIRST ENDORSEMENT TO YOUR LETTER DATED JUNE 2, 1971, THE DIRECTOR, NAVY MILITARY PAY SYSTEM, SAYS IT IS THE OPINION OF HIS OFFICE THAT, SINCE THE TRAVEL OF THE OFFICER'S WIFE BEGAN AUGUST 7, 1970, WITH THE INTENTION OF ESTABLISHING A PERMANENT RESIDENCE IN NORFOLK, VIRGINIA, THE PROVISIONS OF PARAGRAPH M7000, ITEM 12, JOINT TRAVEL REGULATIONS, ARE NOT APPLICABLE, AND THAT THE OFFICER IS ENTITLED TO REIMBURSEMENT FOR HIS WIFE'S TRAVEL ON A "NOT-TO-EXCEED BASIS FROM WASHINGTON, TO NORFOLK," UNDER THE PROVISIONS OF PARAGRAPH M7057 OF SUCH REGULATIONS.

WITH RESPECT TO THE WIFE'S TRAVEL FROM NAPLES TO WASHINGTON, VIA NORFOLK, IT IS THE OPINION OF THAT OFFICE THAT SUCH TRAVEL WAS MADE WITH THE INTENT TO ESTABLISH A PERMANENT RESIDENCE IN WASHINGTON AND THAT REIMBURSEMENT FOR THE DEPENDENT'S TRAVEL FROM NORFOLK TO WASHINGTON IS AUTHORIZED UNDER PARAGRAPH M7058 OF THE REGULATIONS. ALSO, THAT OFFICE EXPRESSES THE OPINION THAT THE MOVEMENT OF THE HOUSEHOLD GOODS INTO STORAGE DID CONSTITUTE A RELOCATION OF THE DEPENDENT'S HOUSEHOLD, SINCE THE OFFICER'S HOME IN WASHINGTON WAS THEN LEASED AND HIS WIFE COULD NOT HAVE RETURNED TO SUCH RESIDENCE TO ESTABLISH HER HOUSEHOLD DURING THAT PERIOD.

PARAGRAPH M7000, ITEM 12, JOINT TRAVEL REGULATIONS, PROVIDES IN PERTINENT PART THAT A MEMBER IS NOT ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR ANY TRAVEL TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE. IT PROVIDES FURTHER THAT THE TRAVEL EXPENSE OF DEPENDENTS FOR PLEASURE TRIPS OR FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENT'S RESIDENCE, MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT.

PARAGRAPH M7057 OF THE REGULATIONS PROVIDES THAT INCIDENT TO PERMANENT CHANGE-OF-STATION ORDERS A MEMBER IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM THE OLD PERMANENT STATION TO OTHER THAN THE NEW STATION, NOT TO EXCEED ENTITLEMENT FROM THE OLD TO THE NEW. PARAGRAPH M7058 PROVIDES THAT DEPENDENTS' TRAVEL IS AUTHORIZED FROM OTHER THAN THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION, NOT TO EXCEED THE ENTITLEMENT FROM THE OLD TO THE NEW STATION. IN OUR OPINION THESE PROVISIONS APPLY ONLY TO LAND TRAVEL.

PARAGRAPH M9003-1, JOINT TRAVEL REGULATIONS, PROVIDES IN PERTINENT PART THAT WHEN A MEMBER'S DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION, THE MEMBER IS ENTITLED TO A DISLOCATION ALLOWANCE. PARAGRAPH M9004-1, ITEM 5, PROVIDES THAT A DISLOCATION ALLOWANCE IS NOT PAYABLE FOR MORE THAN ONE PERMANENT CHANGE OF STATION DURING ANY FISCAL YEAR, EXCEPT ON THE FINDING OF THE SECRETARY OF THE DEPARTMENT CONCERNED THAT THE EXIGENCIES OF THE SERVICE REQUIRE MORE THAN ONE SUCH CHANGE OF STATION DURING THAT CURRENT FISCAL YEAR.

BOTH THE TRANSPORTATION ALLOWANCE FOR DEPENDENTS' TRAVEL AND THE DISLOCATION ALLOWANCE INCIDENT TO SUCH TRAVEL ARE CONDITIONED UPON AN ACTUAL MOVEMENT OF THE MEMBER'S FAMILY WITH THE INTENT OF RELOCATING HIS HOUSEHOLD INCIDENT TO A PERMANENT CHANGE OF STATION. WHILE PARAGRAPH M7000, ITEM 12, JOINT TRAVEL REGULATIONS, PRECLUDES PAYMENT OF TRANSPORTATION ALLOWANCES FOR TRAVEL OF DEPENDENTS TO PLACES FOR VISITING OR FOR PURPOSES OTHER THAN WITH THE INTENT TO CHANGE THEIR RESIDENCE, THE FACT THAT A MEMBER'S DEPENDENTS MAY BE AT A CERTAIN PLACE FOR ONLY A SHORT PERIOD OF TIME DOES NOT OF ITSELF ESTABLISH THAT THEY DID NOT INTEND TO ESTABLISH A RESIDENCE AT THAT PLACE. ALSO, WHILE KNOWLEDGE OF AN IMPENDING CHANGE OF STATION PRIOR TO TRAVEL OF DEPENDENTS IS A FACTOR FOR CONSIDERATION IN DETERMINING WHETHER OR NOT SUCH TRAVEL IS IN CONNECTION WITH A VISIT, IT IS NOT CONTROLLING, SINCE IT IS INHERENT IN THE MILITARY SERVICE THAT DUTY AT ANY PARTICULAR PLACE IS OF A TRANSITORY TYPE. 145865, JUNE 28, 1961.

WITH RESPECT TO THE OFFICER'S ENTITLEMENT UNDER PERMANENT CHANGE-OF STATION ORDERS DATED AUGUST 3, 1970, THE RECORD SHOWS THAT UPON DETACHMENT FROM DUTY UNDER THOSE ORDERS REAR ADMIRAL TURNER CLOSED HIS HOME IN THE WASHINGTON AREA AND MOVED HIS HOUSEHOLD GOODS INTO STORAGE. ON SEPTEMBER 23, 1970, HIS WIFE JOINED HIM IN NAPLES, ITALY, AND SHE STAYED WITH HIM UNTIL HE RECEIVED HIS CHANGE-OF-STATION ORDERS ON FEBRUARY 12, 1971. FEBRUARY 21, 1971, SHE RETURNED TO THE UNITED STATES AND ON MARCH 3, 1971, SHE JOINED HER HUSBAND IN NORFOLK, VIRGINIA, AND STAYED WITH HIM UNTIL THEY DEPARTED ON MARCH 11, 1971, EN ROUTE TO HIS NEW ASSIGNMENT STATION IN WASHINGTON, D.C.

ADMIRAL TURNER SAYS IN HIS LETTER THAT IT WAS HIS INTENTION TO MOVE HIS WIFE AND HOUSEHOLD GOODS TO NORFOLK, VIRGINIA, UPON THE RETURN OF THE FLOTILLA HE WAS COMMANDING TO ITS HOME PORT IN MARCH 1971. HOWEVER, HE SAYS FURTHER THAT, SINCE HE WAS ACTUALLY IN NORFOLK FOR ONLY ABOUT ONE WEEK PRIOR TO BEING DETACHED FROM HIS ASSIGNMENT, HE DID NOT MOVE HIS HOUSEHOLD GOODS FROM WASHINGTON, D.C. AT THIS TIME, HOWEVER, HIS WIFE WAS WITH HIM AND HE ESTABLISHED HIS HOUSEHOLD AT THAT LOCATION.

AS STATED ABOVE, PAYMENT OF TRANSPORTATION ALLOWANCE FOR TRAVEL OF DEPENDENTS IS CONDITIONED UPON AN ACTUAL MOVEMENT OF THE MEMBER'S FAMILY WITH THE INTENTION OF RELOCATING HIS HOUSEHOLD INCIDENT TO A PERMANENT CHANGE OF STATION. SINCE THE OFFICER'S WIFE, WHILE TRAVELING CIRCUITOUSLY, DID PERFORM TRAVEL FROM THE OLD TO THE NEW PERMANENT STATION WITH THE INTENTION OF ESTABLISHING A RESIDENCE THERE, IT WOULD APPEAR THAT THE OFFICER IS ENTITLED TO A TRANSPORTATION ALLOWANCE FOR HER TRAVEL, FROM WASHINGTON TO THE AERIAL OR WATER PORT OF DEBARKATION USED AND FROM THE OVERSEAS PORT OF DEBARKATION TO NAPLES, NOT TO EXCEED THE DISTANCE FROM WASHINGTON, D.C., TO NORFOLK, VIRGINIA.

ALSO, SINCE THE OFFICER'S DEPENDENT WIFE TRAVELED FROM NORFOLK, VIRGINIA, TO WASHINGTON, D.C., ON MARCH 11, 1971, INCIDENT TO ORDERS DATED FEBRUARY 12, 1971, HE IS ENTITLED TO A MONETARY ALLOWANCE FOR THAT TRAVEL UNDER THE PROVISIONS OF PARAGRAPH M7058 OF THE REGULATIONS.

WITH RESPECT TO THE OFFICER'S ENTITLEMENT TO A DISLOCATION ALLOWANCE, WHILE THE DISPOSITION OF A MEMBER'S HOUSEHOLD EFFECTS MAY BE OF SOME CONSIDERATION IN THE DETERMINATION OF WHETHER A MEMBER'S HOUSEHOLD HAS BEEN RELOCATED, PARAGRAPH M9003 OF THE REGULATIONS PROVIDES GENERALLY THAT A DISLOCATION ALLOWANCE IS PAYABLE WHEN A MEMBER'S DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THE RELOCATION OF A HOUSEHOLD DOES NOT NECESSARILY REQUIRE THE MOVEMENT OF ALL OF THE HOUSEHOLD EFFECTS TO THE PLACE WHERE THE HOUSEHOLD IS TO BE RELOCATED, PARTICULARLY IN INSTANCES WHERE FURNISHED QUARTERS ARE MADE AVAILABLE TO THE MEMBER AT HIS NEW DUTY STATION OR THE UNFURNISHED QUARTERS USED THERE ARE TOO SMALL TO CONTAIN ALL THE EFFECTS PREVIOUSLY USED. IT WOULD THEREFORE APPEAR THAT THE MOVEMENT OF EFFECTS INTO STORAGE UNDER ORDERS OF AUGUST 3, 1970, AND FROM STORAGE UNDER ORDERS OF FEBRUARY 12, 1971, WOULD ENTITLE A MEMBER TO DISLOCATION ALLOWANCE IN EACH CASE IF OTHERWISE ENTITLED. HOWEVER, AS STATED ABOVE, SUBSECTION 407(B) OF TITLE 37, U.S. CODE, AND PARAGRAPH M9004, ITEM 5, JOINT TRAVEL REGULATIONS, REQUIRE A FINDING BY THE SECRETARY OF THE NAVY THAT THE EXIGENCIES OF THE SERVICE REQUIRE MORE THAN ONE SUCH CHANGE OF STATION DURING THAT CURRENT FISCAL YEAR TO ENTITLE A MEMBER TO MORE THAN ONE DISLOCATION ALLOWANCE. THEREFORE, IN THE ABSENCE OF THE REQUIRED FINDING, THERE IS NO AUTHORITY FOR THE PAYMENT OF MORE THAN ONE DISLOCATION ALLOWANCE FOR THE TRAVEL PERFORMED UNDER BOTH ORDERS. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.

THE VOUCHERS AND ORIGINAL ORDERS RECEIVED WITH YOUR LETTER ARE RETURNED FOR PAYMENT ON THE BASIS INDICATED.