B-129246, FEB. 8, 1957

B-129246, FEB. 8, 1957

TO LIEUTENANT (JG) A. P. CONTAS, USNR, DISBURSING OFFICER DEPARTMENT OF THE NAVY:

BY LETTER DATED JANUARY 11, 1957 (JAG:1342.2:SH 100103), THE JUDGE ADVOCATE GENERAL OF THE NAVY TRANSMITTED YOUR LETTER OF NOVEMBER 28, 1956, REQUESTING FURTHER CONSIDERATION OF OUR DECISION B-129246, DATED NOVEMBER 2, 1956, AS TO THE LEGALITY OF CREDITING MASTER SERGEANT JOSEPH D. CRONIN, 254,092, USMC, WITH A DISLOCATION ALLOWANCE.

THE RECORD SHOWS THAT UPON THE MEMBER'S TRANSFER UNDER PERMANENT CHANGE OF STATION ORDERS FROM DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES TO MARINE DETACHMENT, U.S. NAVAL AIR STATION, CHINCO TEAGUE, VIRGINIA, HIS DEPENDENTS WERE LIVING ON MAIN STREET, MILLIS, MASSACHUSETTS, AND THAT FOLLOWING HIS ARRIVAL AT CHINCO TEAGUE HE MOVED THEM TO SPRING STREET, MILLIS, MASSACHUSETTS, FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE. IN THE DECISION OF NOVEMBER 2, 1956, WE REITERATED THE VIEW PREVIOUSLY EXPRESSED IN 36 COMP. GEN. 113, THAT THE DISLOCATION ALLOWANCE WAS AUTHORIZED BY CONGRESS FOR THE EXPRESS PURPOSE COMPENSATING MEMBERS FOR EXPENSES INHERENT IN THE RELOCATION OF THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND THAT JOINT TRAVEL REGULATIONS WERE NOT INTENDED TO BAR PAYMENT OF A DISLOCATION ALLOWANCE IN EVERY INSTANCE INVOLVING A CHANGE OF RESIDENCE WHOLLY WITHIN THE SAME CITY OR METROPOLITAN AREA. WE FURTHER STATED THAT THE ACTION OF A MEMBER IN RELOCATING HIS HOUSEHOLD AND INCURRING EXPENSES INHERENT IN SUCH RELOCATION ORDINARILY COULD ARISE "IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION" ONLY WITH RESPECT TO A MEMBER WHO RESIDES WITH, OR PROPOSES TO RESIDE WITH, HIS DEPENDENTS. SINCE MASTER SERGEANT CRONIN DID NOT RESIDE WITH HIS DEPENDENTS OR PROPOSE TO RESIDE WITH THEM, WE CONCLUDED THAT THEIR MOVE FROM ONE ADDRESS TO ANOTHER IN MILLIS WAS NOT IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION. IN YOUR PRESENT LETTER, HOWEVER, YOU STATE THAT FOLLOWING HIS CHANGE OF STATION THE MEMBER MOVED HIS DEPENDENTS FROM A TWO-BEDROOM APARTMENT TO A THREE-BEDROOM PRIVATE DWELLING FOR THE REASON THAT HE WAS UNABLE TO VISIT THEM IN THE SMALLER QUARTERS WITH ANY DEGREE OF COMFORT, AND THAT HE VISITS THEM VIRTUALLY EVERY WEEKEND, AVAILING HIMSELF OF THE MORE SPACIOUS ACCOMMODATIONS. SINCE THE MEMBER WAS, OF COURSE, UNABLE TO VISIT HIS DEPENDENTS WHILE HE WAS OVERSEAS, THIS REPRESENTS A CHANGED CONDITION WHICH OCCURRED AFTER HE WAS ASSIGNED TO PERMANENT DUTY AT CHINCO TEAGUE. THUS, IT NOW APPEARS THAT THE MOVE OF THE DEPENDENTS PROPERLY MAY BE REGARDED AS HAVING BEEN MADE IN CONNECTION WITH A PERMANENT CHANGE OF STATION. ACCORDINGLY, PAYMENT OF THE DISLOCATION ALLOWANCE IS AUTHORIZED.