B-182387, APR 17, 1975, 54 COMP GEN 869

B-182387: Apr 17, 1975

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TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - VESSEL AND YARD CHANGES - SAME PORT NAVY MEMBER WAS TRANSFERRED FROM ONE VESSEL TO ANOTHER VESSEL. SINCE THE HOME YARDS ARE DIFFERENT. TRANSFER IS REGARDED AS PERMANENT CHANGE OF STATION FOR PURPOSES OF DEPENDENT TRANSPORTATION AND DISLOCATION ALLOWANCES. TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - VESSEL AND YARD CHANGES - SAME PORT NAVY MEMBER WAS TRANSFERRED FROM ONE VESSEL TO ANOTHER VESSEL. WHILE PREVIOUS TRAVEL TO DETROIT WAS PRIOR TO PROVISION ALLOWING PAYMENT FOR DISTANCE TO DESIGNATED LOCATION. PAYMENT FOR DEPENDENT TRAVEL IS AUTHORIZED FOR THE OFFICIAL DISTANCE FROM DETROIT TO NEW YORK. THE HOME PORT OF THE VESSEL TO WHICH THE MEMBER WAS TRANSFERRED.

B-182387, APR 17, 1975, 54 COMP GEN 869

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - VESSEL AND YARD CHANGES - SAME PORT NAVY MEMBER WAS TRANSFERRED FROM ONE VESSEL TO ANOTHER VESSEL, BOTH HOMEPORTED IN NEW YORK CITY, BUT WITH RESPECTIVE HOME YARDS AT BOSTON NAVAL SHIPYARD AND CHARLESTON, SOUTH CAROLINA. INCIDENT TO TRANSFER DEPENDENTS TRAVELED FROM DETROIT, MICHIGAN, TO EAST MEADOW, NEW YORK. SINCE THE HOME YARDS ARE DIFFERENT, TRANSFER IS REGARDED AS PERMANENT CHANGE OF STATION FOR PURPOSES OF DEPENDENT TRANSPORTATION AND DISLOCATION ALLOWANCES. TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - VESSEL AND YARD CHANGES - SAME PORT NAVY MEMBER WAS TRANSFERRED FROM ONE VESSEL TO ANOTHER VESSEL, BOTH HOMEPORTED IN NEW YORK CITY, BUT WITH RESPECTIVE HOME YARDS AT BOSTON NAVAL SHIPYARD AND CHARLESTON, SOUTH CAROLINA. INCIDENT TO TRANSFER DEPENDENTS TRAVELED FROM DETROIT, MICHIGAN, TO EAST MEADOW, NEW YORK. WHILE PREVIOUS TRAVEL TO DETROIT WAS PRIOR TO PROVISION ALLOWING PAYMENT FOR DISTANCE TO DESIGNATED LOCATION, IT MAY BE REGARDED AS DESIGNATED LOCATION FOR PURPOSES OF RULE 5, TABLE 7-B-7061, 1 JOINT TRAVEL REGULATIONS (JTR). ACCORDINGLY, PAYMENT FOR DEPENDENT TRAVEL IS AUTHORIZED FOR THE OFFICIAL DISTANCE FROM DETROIT TO NEW YORK, THE HOME PORT OF THE VESSEL TO WHICH THE MEMBER WAS TRANSFERRED, WHICH IS REGARDED AS THE NEW HOME PORT FOR PURPOSES OF RULE 5, TABLE 7-B-7061, 1 JTR. TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DISLOCATION ALLOWANCE - VESSEL AND YARD CHANGES - SAME PORT NAVY MEMBER WAS TRANSFERRED FROM ONE VESSEL TO ANOTHER VESSEL, BOTH HOMEPORTED IN NEW YORK CITY, BUT WITH RESPECTIVE HOME YARDS AT BOSTON NAVAL SHIPYARD AND CHARLESTON, SOUTH CAROLINA. INCIDENT TO TRANSFER DEPENDENTS TRAVELED FROM DETROIT, MICHIGAN, TO EAST MEADOW, NEW YORK. THERE IS ENTITLEMENT TO DISLOCATION ALLOWANCE SINCE PERMANENT CHANGE OF STATION, WHILE BETWEEN VESSELS HOMEPORTED IN THE SAME CITY, WAS BETWEEN VESSELS HAVING DIFFERENT HOME YARDS NOT SO LOCATED AND SINCE DEPENDENTS PERFORMED AUTHORIZED TRAVEL INCIDENT TO THAT TRANSFER.

IN THE MATTER OF DEPENDENT TRAVEL AND DISLOCATION ALLOWANCES, APRIL 17, 1975:

THIS ACTION IS IN RESPONSE TO LETTER, WITH ENCLOSURES, DATED JULY 24, 1974, FROM THE DISBURSING OFFICER, U.S.S. POWER (DD839), REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT OF DEPENDENT TRAVEL AND DISLOCATION ALLOWANCES UNDER THE PROVISIONS OF VOLUME 1, JOINT TRAVEL REGULATIONS (1 JTR) PARA. M7001 IN THE CASE OF PETTY OFFICER ROMEO G. MENDOZA, USN. THE REQUEST RECEIVED HERE ON OCTOBER 10, 1974, WAS ASSIGNED CONTROL NUMBER 74-39 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDER DATED AUGUST 15, 1973, PETTY OFFICE MENDOZA WAS DIRECTED TO PROCEED ON PERMANENT CHANGE OF STATION FROM U.S.S. MASSEY (DD778), HOMEPORTED AT BROOKLYN, NEW YORK, TO THE U.S.S. POWER (DD839), HOME PORT FORT SCHUYLER, BRONX, NEW YORK. THE HOME YARDS OF THE VESSELS WERE BOSTON NAVAL SHIPYARD, MASSACHUSETTS, AND CHARLESTON, SOUTH CAROLINA, RESPECTIVELY. THE MEMBER WAS ORDERED TO REPORT FOR SEA DUTY ON THE U.S.S. POWER NOT LATER THAN SEPTEMBER 17, 1973. ON APRIL 12, 1974, HIS WIFE AND SON LEFT THEIR RESIDENCE IN DETROIT, MICHIGAN, AND TRAVELED VIA PRIVATELY OWNED VEHICLE AND ARRIVED THE NEXT DAY AT EAST MEADOW, NEW YORK, WHERE THEY ESTABLISHED A BONA FIDE RESIDENCE. PETTY OFFICER MENDOZA CLAIMS A DISLOCATION ALLOWANCE AND A MONETARY ALLOWANCE IN LIEU OF HIS DEPENDENTS' TRANSPORTATION.

SINCE PETTY OFFICER MENDOZA WAS TRANSFERRED TO AND FROM THE SAME HOME PORT (FORT SCHUYLER, BRONX, AND BROOKLYN BOTH BEING LOCATED IN THE CITY OF NEW YORK), THE DISBURSING OFFICER IS DOUBTFUL REGARDING ENTITLEMENT TO THE CLAIMED ALLOWANCES BASED ON A SHIFT OF HOME YARDS. ADDITIONALLY, IN ENDORSING THE REQUEST FOR ADVANCE DECISION THE COMMANDER, NAVY ACCOUNTING AND FINANCE CENTER, HAS EXPRESSED DOUBT AS TO WHETHER DETROIT MAY BE CONSIDERED AS THE DEPENDENTS' DESIGNATED LOCATION SINCE THE MEMBER PREVIOUSLY WAS PAID FOR DEPENDENT TRAVEL PERFORMED NOT TO EXCEED THE DISTANCE FROM PATUXENT RIVER, MARYLAND, TO BROOKLYN, NEW YORK, THE HOME PORT OF THE U.S.S. MASSEY, AS AT THE TIME OF THAT TRAVEL THERE WAS NO PROVISION IN 1 JTR TO PROVIDE ENTITLEMENT TO A DESIGNATED PLACE IN SUCH CIRCUMSTANCES.

PARAGRAPH M1150-10 (CHANGE 246, AUGUST 1, 1973), 1 JTR, DEFINES "PERMANENT STATION" AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL OR OF A SHIP-BASED STAFF INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED 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.

IN ACCORD WITH 37 U.S.C. SEC. 406 (1970), 1 JTR PARA. M7000 PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON A PERMANENT CHANGE OF STATION, WHICH INCLUDES A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF A VESSEL (1 JTR PARA. M3003 -1A, CHANGE 245, JULY 1, 1973).

RULE 5, TABLE 7-B-7061, 1 JTR (CHANGE 242, APRIL 1, 1973), PROVIDES THAT WHEN A MEMBER IS ORDERED ON PERMANENT CHANGE OF STATION FROM SEA DUTY TO SEA DUTY, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED (THE LIMIT OF ENTITLEMENT WILL BE THE GREATEST ENTITLEMENT PROVIDED BY THIS TABLE FOR THE CASE INVOLVED) INCLUDING FROM THE DESIGNATED PLACE TO THE NEW HOME PORT, OR NEW HOME YARD. DESIGNATED PLACE, AS USED IN THE TABLE IS DEFINED IN PARA. M7001 AS FOLLOWS:

IN THOSE INSTANCES IN THIS CHAPTER WHERE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE TO A PLACE DESIGNATED BY THE MEMBER, ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS WILL BE CONTINGENT UPON THE CERTIFICATION OF THE MEMBER CONCERNED THAT THE PLACE DESIGNATED IS IN FACT THE PLACE WHERE HIS DEPENDENTS WILL ESTABLISH A BONA FIDE RESIDENCE (SEE PAR. M7000) DURING THE INTERIM PERIOD UNTIL FURTHER TRANSPORTATION IS AUTHORIZED.

PURSUANT TO 37 U.S.C. SEC. 407 (1970), 1 JTR PARA. M9003-1, ITEM 1, PROVIDES, EXCEPT AS PROVIDED IN PARA. M9004, THAT A MEMBER WITH DEPENDENTS IS ENTITLED TO A DISLOCATION ALLOWANCE WHENEVER HIS DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH M9004-1, ITEM 4, INDICATES THAT A DISLOCATION ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH A PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED WITHIN THE CORPORATE LIMITS OF THE SAME CITY.

IN 43 COMP. GEN. 639 (1964) IT WAS STATED THAT WHERE MEMBERS ARE TRANSFERRED FROM SEA DUTY TO SEA DUTY INVOLVING VESSELS HAVING THE SAME HOME YARD AND HOME PORT, THERE IS NO ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS, AS NO PERMANENT CHANGE OF STATION IS CONSIDERED AS HAVING OCCURRED, AND, THEREFORE, 1 JTR COULD NOT BE REVISED TO PROVIDE SUCH ENTITLEMENT IN THE CIRCUMSTANCES. WHERE TWO VESSELS HAVE THE SAME HOME PORTS (NO REFERENCE BEING MADE TO HOME YARDS) IT WAS CONCLUDED THAT THERE IS NO PERMANENT CHANGE OF STATION INSOFAR AS DEPENDENTS ARE CONCERNED. SEE 45 COMP. GEN. 477 (1966). HOWEVER, IT HAS LONG BEEN RECOGNIZED THAT THE LAW FIXES THE HOME YARD OR THE HOME PORT OF A SHIP AS ITS PERMANENT STATION. 43 COMP. GEN. 639, SUPRA.

IN VIEW OF THE FOREGOING, WHEN A MEMBER IS TRANSFERRED BETWEEN VESSELS WHICH HAVE THE SAME HOME PORT BUT DIFFERENT HOME YARDS, IT MAY BE CONSIDERED THAT, FOR THE PURPOSES OF DEPENDENT TRAVEL AND DISLOCATION ALLOWANCES, THERE HAS BEEN A PERMANENT CHANGE OF STATION. CONSEQUENTLY, THE MEMBER'S TRANSFER FROM THE U.S.S. MASSEY, HOME YARD, BOSTON NAVAL SHIPYARD, TO THE U.S.S. POWER, HOME YARD, CHARLESTON, SOUTH CAROLINA, IS REGARDED AS A PERMANENT CHANGE OF STATION FOR THE PURPOSES INDICATED.

THEREFORE, THE MEMBER IS ENTITLED TO DEPENDENT TRAVEL INCIDENT TO HIS TRANSFER. WHILE AT THE TIME THE MEMBER'S DEPENDENTS TRAVELED TO DETROIT, THE CONTROLLING REGULATIONS DID NOT PROVIDE FOR PAYMENT FOR MILEAGE TO SUCH LOCATION AS A DESIGNATED LOCATION BUT ALLOWED REIMBURSEMENT BASED UPON COMPARATIVE COST OF TRAVEL TO THE NEW STATION, SINCE IT APPEARS THAT DETROIT WAS THE DEPENDENTS' BONA FIDE RESIDENCE TO WHICH THEY MOVED IN CONNECTION WITH HIS PRIOR CHANGE OF STATION, THAT PLACE MAY BE REGARDED AS THE DESIGNATED LOCATION FOR PURPOSES OF RULE 5, TABLE 7-B-7061. ACCORDINGLY, THE MEMBER MAY BE PAID FOR DEPENDENT TRAVEL FOR THE OFFICIAL DISTANCE FROM DETROIT TO FORT SCHUYLER, BRONX, NEW YORK, THE HOME PORT OF THE U.S.S. POWER, WHICH IS REGARDED AS THE NEW HOME PORT FOR THE PURPOSES OF RULE 5, TABLE 7-B 7061. SEE 1 JTR PARA. M7003-3A.

THE MEMBER ALSO IS ENTITLED TO A DISLOCATION ALLOWANCE INCIDENT TO TRANSFER FROM U.S.S. MASSEY TO U.S.S. POWER, SINCE THE PERMANENT CHANGE OF STATION IN QUESTION, WHILE BETWEEN VESSELS HOMEPORTED WITHIN THE CORPORATE LIMITS OF THE SAME CITY, WAS BETWEEN VESSELS HAVING DIFFERENT HOME YARDS NOT SO LOCATED AND SINCE HIS DEPENDENTS DID MAKE AN AUTHORIZED MOVE IN CONNECTION WITH THAT TRNSFER.