B-186703, DEC 28, 1976

B-186703, DEC 28, 1976

THE HOME PORT OF A SHIP IS CONSIDERED A MEMBER'S PERMANENT DUTY STATION. THEREFORE, A MEMBER TRANSFERRED FROM A SHIP WHOSE HOME PORT IS SEATTLE TO A SHORE STATION IN SEATTLE DOES NOT RECEIVE A CHANGE IN PERMANENT DUTY STATION AND IS NOT ENTITLED TO A DISLOCATION ALLOWANCE, PAYMENT OF WHICH IS CONTINGENT UPON RECEIVING CHANGE IN PERMANENT DUTY STATION.

COMMANDER JAMES P. BROWN, JR., NOAA CORPS:

THIS ACTION IS IN RESPONSE TO A REQUEST FOR AN ADVANCE DECISION RECEIVED FROM MRS. BEATRICE P. HOVIG, CERTIFYING OFFICER,SEATTLE FIELD FINANCE OFFICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA), CONCERNING THE CLAIM OF COMMANDER JAMES P. BROWN, JR., SERVICE NUMBER XXX-XX-XXXX (10955), NOAA CORPS, FOR A DISLOCATION ALLOWANCE (DLA) AS A MEMBER WITHOUT DEPENDENT, SINCE HIS DEPENDENT DID NOT RELOCATE WHEN HE WAS TRANSFERRED FROM THE NOAA SHIP, SURVEYOR, TO THE PACIFIC MARINE CENTER. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 76-16 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND FORWARDED HERE BY ENDORSEMENT DATED JULY 23, 1976.

COMMANDER BROWN STATES THAT IN DECEMBER 1974 HE WAS ORDERED FROM SHORT DUTY IN ROCKVILLE, MARYLAND, TO SEA DUTY ABOARD THE NOAA SHIP, SURVEYOR. AT THAT TIME, HE DECIDED TO MOVE HIS DEPENDENT TO SUNNYVALE, CALIFORNIA. IN MARCH, 1975 AFTER A PERIOD OF TEMPORARY DUTY, PURSUANT TO THE REACTIVATION OF SURVEYOR, HE ESTABLISHED HIS RESIDENCE ABOARD SHIP, THE HOME PORT OF WHICH WAS SEATTLE, WASHINGTON. THEN PURSUANT TO ORDERS OF MARCH 5, 1976, TO REPORT TO THE PACIFIC MARINE CENTER, SEATTLE, WASHINGTON, HE VACATED HIS GOVERNMENT QUARTERS ABOARD SHIP AND ESTABLISHED RESIDENCE ASHORE.

ALTHOUGH HE APPARENTLY AGREES THAT HE IS NOT ENTITLED TO DLA AT THE "WITH DEPENDENTS" RATE, SINCE HIS DEPENDENT WILL NOT MOVE IN CONNECTION WITH HIS MARCH ORDERS, HE CONTENDS THAT HE IS ENTITLED TO DLA AT THE "WITHOUT DEPENDENTS" RATE. HE COMPARES HIS SITUATION TO THAT OF A SINGLE MEMBER ORDERED FROM SEA TO SHORE DUTY.

THE PAYMENT OF DLA IS AUTHORIZED BY 37 U.S.C. 407 (1970), UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED WHICH ARE FOUND IN CHAPTER 9, VOLUME 1, JOINT TRAVEL REGULATIONS (1 JTR). THE LEGISLATIVE HISTORY OF 37 U.S.C. 407 SHOWS THAT WHILE THE DISLOCATION ALLOWANCE IS NOT BASED UPON ANY SPECIFIC EXPENSES HAVING BEEN INCURRED BY A MEMBER, THE PURPOSE OF THE ALLOWANCE IS TO PROVIDE REIMBURSEMENT FOR EXPENSES NORMALLY INCURRED IN CONNECTION WITH THE MOVEMENT OF A MEMBER'S HOUSEHOLD INCIDENT TO A CHANGE OF PERMANENT STATION. SEE 54 COMP.GEN. 665, 668-669 (1975), AND 1 JTR PARA. M9000.

A MEMBER WITH DEPENDENTS IS ENTITLED TO DLA WHENEVER HIS DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. A MEMBER WITHOUT DEPENDENTS IS ENTITLED TO DLA WHEN HE IS TRANSFERRED TO A PERMANENT DUTY STATION WHERE HE IS NOT ASSIGNED TO GOVERNMENT QUARTERS. 1 JTR PARA. M9003.1. HOWEVER, AS STATED ABOVE, IN EITHER CASE ENTITLEMENT IS BASED UPON THE MEMBER RECEIVING PERMANENT CHANGE OF STATION. COMPARE 55 COMP.GEN. 932 (1976).

THE DLA WILL NOT BE PAID MORE THAN ONCE IN CONNECTION WITH ANY ONE PERMANENT CHANGE OF STATION (1 JTR, PARA. M9002; AND 49 COMP.GEN. 231, 232 -233 (1969)) WHICH IS DEFINED AS "THE ASSIGNMENT, DETAIL, OR TRANSFER OF A MEMBER OR UNIT TO A DIFFERENT DUTY STATION * * * UNDER COMPETENT ORDERS WHICH NEITHER SPECIFY THE DUTY AS TEMPORARY, NOR PROVIDE FOR FURTHER ASSIGNMENT TO A NEW STATION, OR DIRECT RETURN TO THE OLD DUTY STATION." JTR APPENDIX J. PERMANENT STATION IS DEFINED AS "THE POST OF DUTY OR OFFICIAL STATION, INCLUDING A SHIP * * * AND THE HOME PORT OF A VESSEL OR SHIP-BASED STAFF * * * TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN 'TEMPORARY DUTY' OR 'TEMPORARY ADDITIONAL DUTY.'" 1 JTR APPENDIX J. THEREFORE, A SHIP'S HOME PORT IS CONSIDERED A MEMBER'S PERMANENT DUTY STATION. 43 COMP.GEN. 639 (1964), 45 COMP.GEN. 477 (1966), 54 COMP.GEN. 869 (1975), AND B-185099, JUNE 1, 1976.

SURVEYOR'S HOME PORT WAS SEATTLE AND HENCE, COMMANDER BROWN'S PERMANENT STATION BECAME SEATTLE WHEN HE WAS TRANSFERRED THERE IN 1975. THEREFORE, HIS MARCH 5, 1976 ORDERS ONLY CHANGED THE UNIT TO WHICH HE WAS ASSIGNED, NOT HIS PERMANENT STATION, WHICH REMAINED SEATTLE. SEE 54 COMP.GEN. 869, SUPRA. IN THIS CONNECTION 1 JTR PARA. M9004-1.4 SPECIFICALLY PROVIDES THAT DLA IS NOT PAYABLE IN CONNECTION WITH ANY PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED IN THE CORPORATE LIMITS OF THE SAME CITY.

THUS, PAYMENT OF THE DLA TO COMMANDER BROWN IN CONNECTION WITH HIS DEPENDENTS' MOVE TO CALIFORNIA, INCIDENT TO HIS CHANGE OF STATION TO SEATTLE IN 1975, IS ALL THAT HE IS ENTITLED TO, AS THERE IS ONLY ONE DLA PAYMENT PERMITTED FOR EACH PERMANENT CHANGE OF STATION. 1 JTR PARA. M9002. HE IS NOT ENTITLED TO ANY DLA IN CONNECTION WITH HIS MARCH 1976 ASSIGNMENT TO THE PACIFIC MARINE CENTER.

ACCORDINGLY, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.