B-166130, MARCH 14, 1969 48 COMP. GEN. 603

B-166130, MARCH 14, 1969 48 COMP. GEN. 603

TRANSPORTATION--DEPENDENTS--MILITARY PERSONNEL--DISLOCATION ALLOWANCE- HOSPITAL TRANSFERS A "PERMANENT STATION" MEANING A PLACE WHERE A MEMBER OF THE UNIFORMED SERVICES IS ASSIGNED FOR DUTY, THE DEFINITION OF A PERMANENT STATION IN PARAGRAPH M1150-10 OF THE JOINT TRAVEL REGULATIONS MAY NOT BE BROADENED TO INCLUDE A HOSPITAL IN THE UNITED STATES TO WHICH A MEMBER IS TRANSFERRED FOR PROLONGED HOSPITALIZATION FROM EITHER A DUTY STATION OR OTHER HOSPITAL IN THE UNITED STATES, AND, THEREFORE, CHAPTER 9 OF THE REGULATIONS MAY NOT BE AMENDED TO PERMIT PAYMENT WHEN A MEMBER IS SO HOSPITALIZED OF THE DISLOCATION ALLOWANCE PROVIDED IN 37 U.S.C. 407 (A) (1) FOR MEMBERS WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE "IN CONNECTION WITH HIS CHANGE OF PERMANENT STATION." HOWEVER, CHAPTER 9 MAY BE AMENDED TO AUTHORIZE THE ALLOWANCE ON THE SAME BASIS DEPENDENTS AND BAGGAGE ARE TRANSPORTED TO A HOSPITAL, THAT IS "AS FOR A PERMANENT CHANGE OF STATION" UPON THE ISSUANCE OF A CERTIFICATE OF PROLONGED TREATMENT.

TO THE SECRETARY OF THE ARMY, MARCH 14, 1969:

FURTHER REFERENCE IS MADE TO LETTER OF JANUARY 21, 1969, FROM THE ASSISTANT SECRETARY OF THE ARMY (MANPOWER AND RESERVE AFFAIRS) REQUESTING A DECISION WHETHER THE DEFINITION OF "PERMANENT STATION" IN PARAGRAPH M1150-10 OF THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO INCLUDE A HOSPITAL IN THE UNITED STATES TO WHICH A MEMBER IS TRANSFERRED FROM EITHER A DUTY STATION OR HOSPITAL IN THE UNITED STATES FOR OBSERVATION AND TREATMENT WHEN A STATEMENT OF PROLONGED HOSPITALIZATION HAS BEEN ISSUED BY THE COMMANDING OFFICER OF THE RECEIVING HOSPITAL; AND, WHETHER CHAPTER 9 OF THE REGULATIONS MAY BE AMENDED TO PERMIT PAYMENT OF THE DISLOCATION ALLOWANCE WHEN SUCH TRANSFERS ARE MADE. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 69-5 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

SECTION 407 (A) (1) OF TITLE 37, U.S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE "IN CONNECTION WITH HIS CHANGE OF PERMANENT STATION" IS ENTITLED TO A DISLOCATION ALLOWANCE.

WHEN A MEMBER IS TRANSFERRED TO A HOSPITAL IN THE UNITED STATES FROM EITHER A DUTY STATION OR HOSPITAL IN THE UNITED STATES FOR OBSERVATION AND TREATMENT AND A STATEMENT OF PROLONGED HOSPITALIZATION HAS BEEN ISSUED BY THE COMMANDING OFFICER OF THE RECEIVING HOSPITAL, THE JOINT TRAVEL REGULATIONS (PARAGRAPHS M7004 AND M8254) LONG HAVE PROVIDED THAT HIS DEPENDENTS AND HOUSEHOLD EFFECTS MAY BE MOVED TO THE HOSPITAL OR THE EFFECTS MAY BE MOVED TO NONTEMPORARY STORAGE, "AS FOR A PERMANENT CHANGE OF STATION." PAYMENT OF THE DISLOCATION ALLOWANCE, HOWEVER, HAS NOT BEEN AUTHORIZED.

THE ASSISTANT SECRETARY SAYS THAT THE DISLOCATION ALLOWANCE IS FOR THE PURPOSE OF PARTIALLY REIMBURSING A MEMBER FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A CHANGE OF STATION AND WHEN HE IS TRANSFERRED FROM A HOSPITAL OR DUTY STATION IN THE UNITED STATES TO A HOSPITAL IN THE UNITED STATES FOR PROLONGED TREATMENT, HE INCURS JUST AS MANY EXPENSES FOR MOVING HIS HOUSEHOLD AS MEMBERS MOVING UNDER A NORMAL CHANGE OF PERMANENT STATION.

THE ASSISTANT SECRETARY ALSO SAYS IT IS RECOGNIZED THAT THE LANGUAGE OF 37 U.S.C. 407 (A) (1) AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE ONLY WHERE A CHANGE OF PERMANENT STATION IS INVOLVED ALTHOUGH SECTION 407 (A) (2) AUTHORIZES IT WHEN THE PROVISIONS OF SECTION 405A (A) (EVACUATION) ARE INVOLVED. ON THE GROUND THAT AUTHORITY IS VESTED BY SECTION 411 (D) OF TITLE 37, U.S. CODE, IN THE SECRETARY CONCERNED TO DEFINE WHAT CONSTITUTES A "PERMANENT STATION," HE SUGGESTS THAT THE SECRETARIES JOINTLY COULD, WITHIN THEIR VESTED AUTHORITY, AMEND THE JOINT TRAVEL REGULATIONS AS PROPOSED.

THE ASSISTANT SECRETARY EXPRESSES THE BELIEF THAT DECISIONS OF THIS OFFICE WHICH HAVE HELD THAT SUCH ASSIGNMENTS ARE NOT A PERMANENT CHANGE OF STATION WERE BASED LARGELY ON THE DEFINITION OF "PERMANENT STATION" IN PARAGRAPH M1150-10A OF THE JOINT TRAVEL REGULATIONS AND THAT A DIFFERENT CONCLUSION MAY HAVE BEEN REACHED HAD THE TERM "PERMANENT STATION" BEEN DEFINED AS NOW PROPOSED.

SO FAR AS WE ARE AWARE THE STATION OF A MEMBER OF THE UNIFORMED SERVICES HAS ALWAYS BEEN CONSIDERED TO BE THE PLACE WHERE HE IS ASSIGNED FOR DUTY. AN ASSIGNMENT TO A PLACE WHERE NO DUTY IS REQUIRED OF HIM DOES NOT CHANGE HIS STATION. UNITED STATES V. PHISTERER, 94 U.S. 219; MCGOWAN V. UNITED STATES, 48 CT. CL. 95; ANDREWS V. UNITED STATES, 15 CT. CL. 264.

A STATION MAY BE EITHER PERMANENT OR TEMPORARY, THE PERMANENT STATION OF A MEMBER OF THE UNIFORMED SERVICES BEING REGARDED AS THE PLACE WHERE HIS BASIC DUTY ASSIGNMENT IS PERFORMED. SEE 38 COMP. GEN. 853; 41 ID. 726; 44 ID. 670. AND, PAST DECISIONS OF THE ACCOUNTING OFFICERS, RENDERED LONG PRIOR TO THE FIRST JOINT TRAVEL REGULATIONS, HOLDING THAT ORDERS TO A HOSPITAL FOR THE PURPOSE OF OBSERVATION AND TREATMENT DO NOT EFFECT A CHANGE OF A PERMANENT STATION ARE PREDICATED ON THE DUTY CONCEPT OF A STATION AND NOT, AS SUGGESTED IN THE ASSISTANT SECRETARY'S LETTER, UPON THE PERMANENT STATION DEFINITION CONTAINED IN THE JOINT TRAVEL REGULATIONS. SEE 6 COMP. GEN. 725; 17 ID. 133; 20 ID. 312; 29 ID. 535. WE SEE NO LEGAL BASIS FOR NOW CONCLUDING THAT ORDERS WHICH DIRECT A MEMBER TO PROCEED TO A PLACE WHERE NO DUTY IS REQUIRED OF HIM EFFECT A CHANGE OF PERMANENT STATION.

WHILE THE SECRETARIES OF THE UNIFORMED SERVICES ARE AUTHORIZED BY THE PROVISIONS OF 37 U.S.C. 411 (D) TO DEFINE THE WORDS "PERMANENT STATION" FOR PURPOSES OF TRAVEL AND TRANSPORTATION ALLOWANCES ENTITLEMENT OF MEMBERS UPON CHANGE OF PERMANENT STATION, WHILE PERFORMING ORDERED TRAVEL AWAY FROM THE PERMANENT STATION, ETC; IN OUR OPINION THAT AUTHORITY DOES NOT VEST IN THE SECRETARIES THE POWER TO CONSTITUTE FOR A MEMBER A PERMANENT STATION FOR SUCH PURPOSES AT A PLACE WHERE NO DUTY IS REQUIRED OF HIM.

IT IS OUR VIEW, THEREFORE, THAT AMENDING THE DEFINITION OF A PERMANENT STATION IN THE JOINT TRAVEL REGULATIONS TO INCLUDE A HOSPITAL IN THE UNITED STATES TO WHICH A MEMBER IS TRANSFERRED SOLELY FOR OBSERVATION AND TREATMENT COULD NOT SERVE TO MAKE THE HOSPITAL A PERMANENT STATION FOR PURPOSES OF TRAVEL AND TRANSPORTATION ALLOWANCES. SEE 48 COMP. GEN. 517, FEBRUARY 7, 1969.

ACCORDINGLY, THE QUESTION PRESENTED, AS IT RELATES TO AMENDING THE DEFINITION OF "PERMANENT STATION" IN THE REGULATIONS AS PROPOSED, IS ANSWERED IN THE NEGATIVE.

HOWEVER, SECTION 3 OF WAR DEPARTMENT CIRCULAR 167, JUNE 26, 1947, AUTHORIZED THE TRANSPORTATION OF DEPENDENTS AND BAGGAGE TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED "AS FOR A PERMANENT CHANGE OF STATION" UPON THE ISSUANCE OF A CERTIFICATE OF PROLONGED TREATMENT. SIMILAR REGULATIONS WERE INCORPORATED IN THE JOINT TRAVEL REGULATIONS AND, WHILE THE VALIDITY OF THE REGULATIONS WAS NOT ENTIRELY FREE FROM DOUBT, WE HAVE NOT OBJECTED TO THEM. THEREFORE, IF THE SECRETARIES DESIRE TO AMEND CHAPTER 9 OF THE JOINT TRAVEL REGULATIONS TO AUTHORIZE THE PAYMENT OF DISLOCATION ALLOWANCE UNDER THE SAME CIRCUMSTANCES AND ON THE SAME BASIS WE WOULD NOT BE REQUIRED TO OBJECT TO SUCH AN AMENDMENT.