B-47040, MARCH 10, 1945, 24 COMP. GEN. 667

B-47040: Mar 10, 1945

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NO LONGER WILL BE FOLLOWED. 1945: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15. AS FOLLOWS: THERE HAVE BEEN BROUGHT TO MY ATTENTION SEVERAL DECISIONS OF YOUR OFFICE INVOLVING THE FURNISHING OF TRANSPORTATION IN KIND OR REIMBURSEMENT COVERING THE COMMERCIAL COST OF TRAVEL PERFORMED BY DEPENDENTS OF MILITARY PERSONNEL DIRECTED TO TRAVEL INCIDENT TO THE ASSIGNMENT TO ACTIVE DUTY OF OFFICERS OF THE RESERVE CORPS OR THE ARMY OF THE UNITED STATES. ARE B-34087. IT WAS HELD THAT "AN ASSIGNMENT TO DUTY FOR THE PURPOSE OF TAKING A SPECIAL COURSE OF TRAINING IS RELATIVELY TEMPORARY IN ITS NATURE AND. REIMBURSEMENT OF COST OF TRANSPORTATION OF HIS DEPENDENTS FROM HIS LAST STATION TO HIS HOME IS NOT AUTHORIZED.

B-47040, MARCH 10, 1945, 24 COMP. GEN. 667

TRANSPORTATION - DEPENDENTS AND HOUSEHOLD EFFECTS OF MILITARY PERSONNEL ASSIGNED TO REPLACEMENT POOLS, SCHOOLS, ETC. THE ASSIGNMENT OF MILITARY PERSONNEL TO A REPLACEMENT POOL, SCHOOL, OR SIMILAR STATION FOR AN INDEFINITE PERIOD UNDER ORDERS WHICH DO NOT PROVIDE FOR THEIR FURTHER ASSIGNMENT TO ANOTHER STATION OR RETURN TO THEIR OLD PERMANENT STATION MAY BE CONSIDERED AS EFFECTING A "PERMANENT CHANGE OF STATION" WITHIN THE MEANING OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, FOR PURPOSES OF TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS; HOWEVER, IN ORDER TO INDICATE THE ADMINISTRATIVE INTENT AND TO SIMPLIFY AND EXPEDITE THE HANDLING OF ACCOUNTS, THE ORDERS SHOULD SHOW WHETHER THE ASSIGNMENT CONTEMPLATES TEMPORARY OR PERMANENT DUTY. PRIOR DECISIONS, WHERE INCONSISTENT HEREWITH, NO LONGER WILL BE FOLLOWED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, MARCH 10, 1945:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15, 1945, IN PERTINENT PART, AS FOLLOWS:

THERE HAVE BEEN BROUGHT TO MY ATTENTION SEVERAL DECISIONS OF YOUR OFFICE INVOLVING THE FURNISHING OF TRANSPORTATION IN KIND OR REIMBURSEMENT COVERING THE COMMERCIAL COST OF TRAVEL PERFORMED BY DEPENDENTS OF MILITARY PERSONNEL DIRECTED TO TRAVEL INCIDENT TO THE ASSIGNMENT TO ACTIVE DUTY OF OFFICERS OF THE RESERVE CORPS OR THE ARMY OF THE UNITED STATES, THEIR RELIEF FROM ACTIVE DUTY AND/OR ASSIGNMENT TO OTHER POINTS INCIDENT TO CHANGE OF STATION.

AMONG THE DECISIONS OF THE CHARACTER DISCUSSED, ARE B-34087, JULY 14, 1943, AND B-36077, AUGUST 31, 1943.

IN DECISION B-36077, IT WAS HELD THAT "AN ASSIGNMENT TO DUTY FOR THE PURPOSE OF TAKING A SPECIAL COURSE OF TRAINING IS RELATIVELY TEMPORARY IN ITS NATURE AND, IN THE ABSENCE OF THE STATEMENT OF CONDITIONS OR CIRCUMSTANCES IN THE ORDERS NEGATIVING SUCH TEMPORARY CHARACTER, SUCH ASSIGNMENT DOES NOT CONSTITUTE A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF THE STATUTES AUTHORIZING TRANSPORTATION OF DEPENDENTS; " AND, AS UNDERSTOOD BY THE WAR DEPARTMENT, THOUGH THE SPECIAL ORDERS DIRECT THE OFFICER CONCERNED TO TRAVEL FROM A TEMPORARY DUTY STATION TO A STAGING AREA FOR EVENTUAL MOVEMENT OVERSEAS, THEY DO NOT DIRECT HIS TRANSFER FROM A PERMANENT STATION, AND SINCE THE OFFICER CONCERNED HAD NOT AT ANY TIME SINCE REPORTING FOR ACTIVE DUTY BEEN STATIONED AT PERMANENT STATION, REIMBURSEMENT OF COST OF TRANSPORTATION OF HIS DEPENDENTS FROM HIS LAST STATION TO HIS HOME IS NOT AUTHORIZED.

UNDER THE POLICY OF THE WAR DEPARTMENT, IT IS REQUIRED THAT MILITARY PERSONNEL HAVE A PERMANENT STATION AT ALL TIMES. THEREFORE, NOTWITHSTANDING THE FACT THAT THE INITIAL OR OTHER ASSIGNMENT OF AN INDIVIDUAL MAY BE TO A SCHOOL, REPLACEMENT POOL, OR OTHER STATION OF LIKE CHARACTER, SUCH STATION IS IN FACT HIS PERMANENT STATION IN SO FAR AS THE WAR DEPARTMENT IS CONCERNED UNLESS THE ORDERS DIRECTING THE TRAVEL SPECIFICALLY STATE THAT THE DUTY ENJOINED IS TEMPORARY DUTY AT THE COMPLETION OF WHICH THE MILITARY PERSONNEL CONCERNED WILL RETURN TO THEIR PROPER OR PERMANENT DUTY STATION OR PROCEED TO ANOTHER STATION FOR DUTY.

IT IS THEREFORE THE PURPOSE OF THIS COMMUNICATION REQUEST YOUR RECONSIDERATION OF THE PRINCIPLE UNDERLYING THE DECISIONS IN QUESTION AS APPLIED TO THE SITUATIONS HEREINAFTER DISCUSSED.

BEFORE SETTING FORTH THE FACTUAL SITUATION RELATING TO THE TYPE OF TRAVEL WHICH IS INVOLVED, IT IS CONSIDERED PERTINENT TO STATE THAT, UNDER THE PROVISIONS OF SECTION 12 OF THE ACT APPROVED JUNE 16, 1942 (56 STAT. 364), THE TERM "PERMANENT CHANGE OF STATION" AS USED IN SAID SECTION SHALL INCLUDE THE CHANGE FROM HOME TO THE FIRST STATION AND FROM THE LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING OF ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN.

THE SITUATION, WITH REFERENCE TO WHICH YOUR DECISION IS REQUESTED, INVOLVES CASES WHERE, DURING THE ENTIRE PERIOD OF AN OFFICER'S SERVICE PRIOR TO BEING ORDERED OVERSEAS IS PERFORMED AT SCHOOLS, REPLACEMENT POOLS, OR OTHER SIMILAR STATIONS; WHERE AN OFFICER IS ASSIGNED TO ACTIVE DUTY AND DIRECTED TO PROCEED TO A SCHOOL, REPLACEMENT POOL, OR SIMILAR STATION FOR DUTY NO INDICATION BEING GIVEN AS TO THE TIME FOR WHICH SUCH DUTY WILL CONTINUE OR WHERE THE OFFICER WILL BE ASSIGNED AT THE COMPLETION OF SUCH DUTY; WHERE AN OFFICER IS RELIEVED FROM HIS PERMANENT STATION AND ORDERED TO A SCHOOL, REPLACEMENT POOL, OR OTHER SIMILAR STATION WITH NO FUTURE STATION DESIGNATED OR INDICATED; WHERE AN OFFICER IS ORDERED TO A SCHOOL, REPLACEMENT POOL, OR OTHER SIMILAR STATION AND THE TERM "PERMANENT CHANGE OF STATION" OR THE ABBREVIATION " PCS" IS STATED IN THE ORDER. ALL OF THE SITUATIONS OUTLINED ABOVE, NO PER DIEM IS PRESCRIBED AS WOULD NORMALLY BE THE CASE WHERE TEMPORARY DUTY IS ENJOINED. IN SUCH CIRCUMSTANCES, HARDSHIP AND INJUSTICE ARE EXPERIENCED BY THE PERSONNEL INVOLVED IN THAT THEY ARE DEPRIVED OF AUTHORIZED ALLOWANCES PRESCRIBED FOR TEMPORARY DUTY, THEIR STATUS BEING CONSIDERED THAT OF PERSONNEL ON DUTY AT A PERMANENT STATION BY THE WAR DEPARTMENT, AND DEPRIVED OF THE COMPANIONSHIP OF THEIR DEPENDENTS AND USE OF THEIR HOUSEHOLD EFFECTS OR, IF THEY HAVE THEIR DEPENDENTS WITH THEM, FORCED TO SHOULDER THE COST OF SUCH TRANSPORTATION OF DEPENDENTS AND SHIPMENT OF EFFECTS FROM THEIR PERSONAL FUNDS, THEIR STATUS BEING CONSIDERED THAT OF TEMPORARY BY YOUR OFFICE.

IN VIEW OF THE ABOVE, AND IN AN EFFORT TO CORRECT A SITUATION, THE GRAVITY OF WHICH IS ASSUMING TREMENDOUS IMPORTANCE, IT IS REQUESTED THAT I BE ADVISED AS TO WHETHER YOUR OFFICE WOULD BE REQUIRED TO OBJECT TO THE FURNISHING OF TRANSPORTATION IN KIND OR IN LIEU THEREOF REIMBURSEMENT OF THE COMMERCIAL COST OF TRANSPORTATION OF DEPENDENTS AND TO THE SHIPMENT OF HOUSEHOLD GOODS WITHIN THE LIMITATIONS NOW IN EFFECT, AS TO NOT EXCEEDING ONE MOVE SUBSEQUENT TO SEPTEMBER 1, 1942, EXCEPT IN CONNECTION WITH MASS EVACUATION AND RELIEF FROM ACTIVE DUTY, UNDER THE FOLLOWING CONDITIONS:

(1) MILITARY PERSONNEL ORDERED TO ACTIVE DUTY AND DIRECTED TO REPORT AT A REPLACEMENT POOL, SCHOOL, OR OTHER SIMILAR STATION FOR DUTY WITH NO OTHER STATION DESIGNATED AS A PERMANENT STATION,

(2) MILITARY PERSONNEL RELIEVED FROM DUTY AT A PERMANENT STATION AND ORDERED TO A SCHOOL, REPLACEMENT POOL, OR SIMILAR STATION, WITH NO FURTHER STATION DESIGNATED,

(3) MILITARY PERSONNEL UPON EITHER ASSIGNMENT TO ACTIVE DUTY OR RELIEF FROM A PERMANENT STATION UPON BEING ORDERED TO REPORT TO A SCHOOL, REPLACEMENT POOL, OR OTHER SIMILAR STATION FOR DUTY WHERE "PERMANENT CHANGE OF STATION" OR " PCS" IS INCLUDED IN THE ORDER, * * *

PARAGRAPHS 5 AND 6 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366, PROVIDE:

WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN ABOVE THE FOURTH GRADE, HAVING DEPENDENTS AS DEFINED IN SECTION 4 HEREOF, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY, THE NAVY, THE MARINE CORPS, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, AND THE PUBLIC HEALTH SERVICE TO HIS NEW STATION FOR SUCH DEPENDENTS: PROVIDED, THAT FOR PERSONS IN THE NAVAL SERVICE THE TERM "PERMANENT STATION" AS USED IN THIS SECTION SHALL BE INTERPRETED TO MEAN A SHORE STATION OR THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH THE PERSON CONCERNED MAY BE ORDERED; AND A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF SUCH VESSEL SHALL BE DEEMED A CHANGE OF STATION: PROVIDED FURTHER, THAT IF THE COST OF SUCH TRANSPORTATION EXCEEDS THAT FOR TRANSPORTATION FROM THE OLD TO THE NEW STATION, THE EXCESS COST SHALL BE PAID TO THE UNITED STATES BY THE OFFICER WARRANT OFFICER, OR ENLISTED MAN CONCERNED: PROVIDED FURTHER, THAT TRANSPORTATION SUPPLIED THE DEPENDENTS OF SUCH OFFICER, WARRANT OFFICER, OR ENLISTED MAN, TO OR FROM STATIONS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT, IF SUCH TRANSPORTATION IS AVAILABLE AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED: PROVIDED FURTHER, THAT THE PERSONNEL OF ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL HAVE THE BENEFIT OF ALL EXISTING LAWS APPLYING TO THE ARMY AND MARINE CORPS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS: AND PROVIDED FURTHER, THAT IN LIEU OF TRANSPORTATION IN KIND AUTHORIZED BY THIS SECTION FOR DEPENDENTS, THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED.

THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN THIS SECTION SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY, OF ANY OFFICER, WARRANT OFFICER, NURSE, OR ENLISTED MAN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RETIRED PERSONNEL AND MEMBERS OF THE RESERVE COMPONENTS THEREOF, IN A GRADE FOR WHICH THE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE, AND THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH RETIREMENT, RELIEF FROM ACTIVE DUTY, OR TRANSFER TO A RESERVE COMPONENT.

THE STATED POLICY OF THE WAR DEPARTMENT WHICH REQUIRED THAT MILITARY PERSONNEL SHALL HAVE A PERMANENT STATION AT ALL TIMES HAS NOT BEEN RECOGNIZED AS A BASIS FOR GIVING A RIGHT TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS INDEPENDENTLY OF THE RIGHTS AS SPECIFICALLY PRESCRIBED BY THE APPLICABLE LAWS. YOU INVITE ATTENTION TO THE PARTICULAR PROVISION OF PARAGRAPH 6 OF SECTION 12, QUOTED ABOVE, WHICH STATES THAT THE TERM "PERMANENT CHANGE OF STATION" AS USED IN SAID SECTION SHALL INCLUDE THE CHANGE OF STATION FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING OF ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN. THE APPARENT PURPOSE OF SUCH LANGUAGE WAS TO ENLARGE ON THE TERM "PERMANENT CHANGE OF STATION" AS DEFINED IN THE PRECEDING PARAGRAPH 5 OF THAT SECTION SO AS TO INCLUDE THE CHANGE FROM HOME TO FIRST PERMANENT STATION AND FROM LAST STATION TO HOME OF RETIRED AND RESERVE OFFICERS WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY, WHICH HAD BEEN EXCLUDED BY THE DEFINITION OF ,PERMANENT CHANGE OF STATION" IN THE PRIOR ACT OF MAY 18, 1920, 41 STAT. 604. SEE 27 COMP. DEC. 391; 1 COMP. GEN. 677.

IT HAS BEEN UNIFORMLY HELD THAT MILITARY PERSONNEL ORDERED TO TEMPORARY DUTY ARE NOT ENTITLED TO TRANSPORTATION FOR DEPENDENTS TO THEIR TEMPORARY STATIONS. 27 COMP. DEC. 400; 2 COMP. GEN. 464; 3 ID. 585. SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 HAS NOT BEEN CONSTRUED AS REQUIRING ANY CHANGE IN SUCH ESTABLISHED RULE. SEE 22 COMP. GEN. 555; B-39124, JANUARY 17, 1944; B-45040, JANUARY 3, 1945. WHETHER N ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE, AND WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT--- PARTICULARLY AS TO THE DURATION THEREOF, NATURE OF THE DUTY ENJOINED, ETC. ORDINARILY, MILITARY PERSONNEL ORDERED TO ACTIVE DUTY AND ASSIGNED TO A REPLACEMENT POOL FOR FURTHER ASSIGNMENT; TO A SCHOOL AS A STUDENT FOR THE PURPOSE OF PURSUING A SPECIAL COURSE OF INSTRUCTION OF BRIEF, DEFINITE DURATION; OR TO A PARTICULAR STATION UNDER CONDITIONS CONTEMPLATING A FURTHER ASSIGNMENT TO A NEW STATION OR RETURN TO THE OLD PERMANENT STATION, ARE IN FACT IN A TEMPORARY DUTY STATUS WHILE SO ASSIGNED AND ARE NOT ENTITLED TO THE RIGHTS AND BENEFITS AS FOR A PERMANENT CHANGE OF STATION.

HOWEVER, IN VIEW OF THE REPRESENTATIONS NOW MADE IN THE MATTER IN THE ABOVE-QUOTED PORTION OF YOUR LETTER, THERE IS PERCEIVED NO COMPELLING REASON WHY AN ASSIGNMENT TO A REPLACEMENT POOL, SCHOOL, OR SIMILAR STATION, UNDER THE CONDITIONS STATED IN YOUR LETTER, SHOULD NOT BE CONSIDERED A PERMANENT STATION SO AS TO ENTITLE MILITARY PERSONNEL, OTHERWISE ENTITLED THERETO BY LAW, TO THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS TO SUCH STATIONS AT GOVERNMENT EXPENSE. IT IS TO BE UNDERSTOOD OF COURSE, THAT SUCH ASSIGNMENTS UNDER THE CONDITIONS STATED WILL BE FOR DETERMINATION ACCORDINGLY. THE PHRASE "SIMILAR STATION" AS USED IN THE SUBMISSION IS INDEFINITE AS TO THE TYPE OF STATIONS IT WAS INTENDED TO DESCRIBE; AND WHETHER AN ASSIGNMENT TO CERTAIN STATIONS CONSTITUTES AN ASSIGNMENT TO A STATION SIMILAR TO A REPLACEMENT POOL, OR A SCHOOL, WILL NECESSARILY BE FOR DETERMINATION FROM THE FACTS AND CIRCUMSTANCES IN THE PARTICULAR CASE. HOWEVER, ASSIGNMENTS TO STATIONS WHERE THE CHARACTER OF THE ASSIGNMENT MAY BE SIMILAR TO THAT OF PERSONNEL ASSIGNED TO REPLACEMENT POOLS, OR SCHOOLS, UNDER THE CONDITIONS STATED IN YOUR LETTER, WILL BE TREATED AS A PERMANENT ASSIGNMENT, UNLESS THE FACTS AND CIRCUMSTANCES IN A PARTICULAR CASE REASONABLY INDICATE AN ASSIGNMENT TO TEMPORARY DUTY, THAT IS, WHERE THE FACTS AND CIRCUMSTANCES IN THE PARTICULAR CASE INDICATE AN ASSIGNMENT FOR A DEFINITE PERIOD OF RELATIVELY SHORT DURATION--- A FURTHER ASSIGNMENT TO A NEW STATION, OR RETURN TO THE OLD PERMANENT STATION BEING CONTEMPLATED BY THE ORDERS. IT IS NOT UNDERSTOOD FROM YOUR LETTER THAT THE WAR DEPARTMENT CONSIDERS ASSIGNMENTS TO REPLACEMENT POOLS, SCHOOLS, OR SIMILAR STATIONS, AS PERMANENT ASSIGNMENTS WHERE THE ORDERS ASSIGN MILITARY PERSONNEL TO SUCH STATIONS FOR A DEFINITE PERIOD WITH A VIEW TO FURTHER ASSIGNMENT TO ANOTHER STATION OR RETURN TO THE OLD PERMANENT STATION AT THE EXPIRATION OF SUCH PERIOD, BUT THAT THE DEPARTMENT CONSIDERS SUCH ASSIGNMENTS AS PERMANENT ONLY WHEN PERSONNEL ARE ORDERED TO SUCH STATIONS FOR AN INDEFINITE PERIOD UNDER ORDERS WHICH DO NOT PROVIDE FOR FURTHER ASSIGNMENT TO ANOTHER STATION, AND THEIR RETURN TO THE OLD PERMANENT STATION IS NOT CONTEMPLATED. WHETHER AN ASSIGNMENT OF MILITARY PERSONNEL TO DUTY AT A PARTICULAR STATION IS FOR TEMPORARY DUTY OR PERMANENT DUTY, IS A FACT WHICH, ORDINARILY, IS WITHIN THE KNOWLEDGE OF THE RESPONSIBLE OFFICER WHO ISSUES THE ORDERS MAKING SUCH ASSIGNMENT; AND IN ORDER THAT THE ADMINISTRATIVE INTENT MAY BE CLEARLY INDICATED IN ALL CHANGE OF STATION ORDERS OF THE MILITARY PERSONNEL INVOLVED AND TO SIMPLIFY AND EXPEDITE THE HANDLING OF THEIR EXPENSE ACCOUNTS IN CONNECTION WITH THE TRANSPORTATION OF THEIR DEPENDENTS AND HOUSEHOLD EFFECTS INCIDENT TO CHANGE OF STATION, IT WOULD SEEM DESIRABLE AND PROPER, WHERE PRACTICABLE, THAT THE ORDERS IN ALL SUCH CASES CLEARLY INDICATE BY APPROPRIATE LANGUAGE WHETHER THE ASSIGNMENT CONTEMPLATES TEMPORARY DUTY OF PERMANENT DUTY. YOUR LETTER INDICATES THAT IT NOW IS THE PRACTICE TO INCLUDE IN SOME CHANGE OF STATION ORDERS THE WORDS ,PERMANENT CHANGE OF STATION" OR THE ABBREVIATION " PCS" TO SHOW THAT A PERMANENT CHANGE OF STATION IS DIRECTED, BUT THAT THIS HAS NOT BEEN DONE IN ALL CASES WHERE IT WAS THE ADMINISTRATIVE INTENT TO DIRECT A PERMANENT CHANGE OF STATION. WHILE THE LANGUAGE OF ORDERS ASSIGNING MILITARY PERSONNEL TO DUTY IS NOT ALWAYS, IN ITSELF, DETERMINATIVE OF THE CHARACTER OF THE ASSIGNMENT AND THE NATURE OF THE DUTIES TO BE PERFORMED AND, THEREFORE, NOT NECESSARILY CONCLUSIVE AS TO WHETHER A PERMANENT OR TEMPORARY CHANGE OF STATION IS EFFECTED THEREBY, ORDERS WHICH BY THEIR LANGUAGE DIRECT A PERMANENT CHANGE OF STATION GENERALLY ARE CONSIDERED AS IN FACT EFFECTING A PERMANENT CHANGE OF STATION, IN THE ABSENCE OF AN INDICATION OF ADMINISTRATIVE ERROR, OR AN INTENT TO CIRCUMVENT THE LAW AND REGULATIONS.

ANSWERING YOUR QUESTIONS SPECIFICALLY, YOU ARE ADVISED THAT, SUBJECT TO THE RESERVATIONS HEREINBEFORE INDICATED, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE OF MILITARY PERSONNEL ASSIGNED TO DUTY AT REPLACEMENT POOLS, SCHOOLS OR SIMILAR STATION, UNDER THE CONDITIONS SPECIFIED IN SUBPARAGRAPHS (1), (2) AND (3) OF PARAGRAPH 8 OF YOUR LETTER, SUPRA, WITHIN THE LIMITATIONS SET FORTH IN THAT PARAGRAPH. PRIOR DECISIONS, TO THE EXTENT THEY ARE INCONSISTENT HEREWITH, WILL NOT BE FOLLOWED HEREAFTER.