B-147646, JUL. 11, 1962

B-147646, JUL. 11, 1962

TO MASTER SERGEANT ALEX SMITH:

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1962, IN REPLY TO THAT PORTION OF OUR DECISION OF MAY 17, 1962, B-147646, WHICH HELD THAT THE CHANGE IN YOUR ASSIGNMENT FROM LINCOLN AIR FORCE BASE, NEBRASKA, TO VANDENBERG AIR FORCE BASE, CALIFORNIA, BY SPECIAL ORDERS NO. A-87, DATED MARCH 9, 1961, BEING FOR PERSONAL REASONS, MAY NOT SERVE TO INCREASE THE AMOUNT OTHERWISE AUTHORIZED AS MILEAGE BY THE CHANGE OF YOUR PERMANENT STATION FROM OVERSEAS TO LINCOLN AIR FORCE BASE, THE ORIGINALLY DESIGNATED STATION IN THE CONTINENTAL UNITED STATES.

YOU STATE THAT INASMUCH AS THE AMERICAN RED CROSS, LOS ANGELES CHAPTER, LOS ANGELES, CALIFORNIA, PROCESSED THE REQUEST FOR YOUR REASSIGNMENT TO THAT VICINITY DUE TO THE SEVERITY OF YOUR WIFE'S ILLNESS, THE REASSIGNMENT WAS FOR HUMANITARIAN REASONS AND NOT AN INDIVIDUAL PERMISSIVE REQUEST FOR REASSIGNMENT FOR PERSONAL REASONS AS STATED IN OUR DECISION.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, WHICH PRESUPPOSES THAT THE CHANGE OF STATION WAS INDUCED BY MILITARY CONSIDERATIONS AND HENCE THAT THE TRAVEL WAS PERFORMED ON PUBLIC BUSINESS. THE ALLOWANCES AUTHORIZED FOR MEMBERS OF THE UNIFORMED SERVICES ARE FOR THE PURPOSE OF REIMBURSING THE MEMBERS FOR EXPENSES INCURRED IN COMPLYING WITH THE TRAVEL REQUIREMENTS IMPOSED UPON THEM BY THE NEED OF THE SERVICES. WE HAVE CONSISTENTLY HELD THAT TRAVEL INCIDENT TO A REASSIGNMENT MADE SOLELY FOR COMPASSIONATE OR HUMANITARIAN REASONS, SUCH AS SERIOUS ILLNESS IN A MEMBER'S FAMILY, IS PERFORMED ON A PERMISSIVE BASIS FOR PERSONAL REASONS AND NOT ON PUBLIC BUSINESS AS REQUIRED BY THE ABOVE PROVISION OF LAW. ALSO, THE PERSONAL NATURE OF SUCH TRAVEL IS NOT ALTERED BY THE FACT THAT THE REQUEST FOR REASSIGNMENT MAY HAVE BEEN INITIATED BY SOMEONE OTHER THAN THE MEMBER CONCERNED.

PARAGRAPH 24, AIR FORCE MANUAL NO. 35-11, QUOTING DEPARTMENT OF DEFENSE DIRECTIVE NO. 1315.8, DATED DECEMBER 17, 1958, PROVIDES IN PERTINENT PART AS FOLLOWS:

"/1)TRANSFERS OF MEMBERS OF THE UNIFORMED SERVICES FROM ONE DUTY STATION TO ANOTHER MAY NOT BE MADE AT GOVERNMENT EXPENSE SOLELY FOR HUMANITARIAN REASONS. THE COMPTROLLER GENERAL OF THE UNITED STATES HAS INDICATED THAT NO AUTHORITY EXISTS FOR PAYMENT OF MILEAGE OR OTHER TRAVELING EXPENSES INCIDENT TO A CHANGE OF STATION FOR HUMANITARIAN REASONS ONLY. THE DETERMINING FACTOR IN THE APPROVAL OF REQUEST FOR TRANSFER IS THE NEED OF THE SERVICE.'

SINCE THE ADDITIONAL TRAVEL INVOLVED IN YOUR TRANSFER TO VANDENBERG AIR FORCE BASE IN LIEU OF THE LINCOLN AIR FORCE BASE ASSIGNMENT WAS OCCASIONED BY YOUR WIFE'S ILLNESS AND NOT BY THE NEED OF THE SERVICE, THERE IS NO LEGAL BASIS TO AUTHORIZE PAYMENT OF YOUR TRAVEL EXPENSES INCIDENT TO SUCH TRANSFER. ACCORDINGLY, OUR DECISION OF MAY 17, 1962, IS AFFIRMED.

REGARDING YOUR INQUIRY AS TO WHETHER YOU ARE ENTITLED TO A DISLOCATION ALLOWANCE BY REASON OF THE CLOSING OF YOUR HOME IN LOS ANGELES AFTER THE DEATH OF YOUR WIFE, IT IS SUGGESTED THAT ANY CLAIM YOU MAY WISH TO SUBMIT FOR SUCH ALLOWANCE BE FILED INITIALLY WITH THE FINANCE OFFICER AT YOUR BASE. HOWEVER, IN THIS CONNECTION, IT MAY BE STATED THAT THE PURPOSE OF THE DISLOCATION ALLOWANCE AS SET FORTH IN PARAGRAPH 9000 OF THE JOINT TRAVEL REGULATIONS IS TO PARTIALLY REIMBURSE A MEMBER WITH DEPENDENTS FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A PERMANENT CHANGE OF STATION AND PARAGRAPH 9002-1 OF THE REGULATIONS PROVIDES, WITH CERTAIN EXCEPTIONS NOT HERE INVOLVED, THAT THE DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER "DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION.'