B-151828, AUG 9, 1963

B-151828, AUG 9, 1963

PRECIS-UNAVAILABLE

MASTER SERGEANT KERMIT A. BLACK, RA 15 332 049:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 10, 1963, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED SEPTEMBER 20, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS FROM FORT HAMILTON, NEW YORK, TO SEATTLE, WASHINGTON, IN JUNE 1961. SINCE YOU HAD BEEN PAID FOR YOUR DEPENDENTS' TRAVEL FROM FORT HAMILTON TO FORT BENJAMIN HARRISON, INDIANA, IT APPEARS THAT YOUR CLAIM WAS INTENDED TO COVER THEIR TRAVEL FROM FORT BENJAMIN HARRISON TO SEATTLE, WASHINGTON, AND RETURN TO FORT BENJAMIN HARRISON. YOU INDICATE A BELIEF ALSO THAT YOU SHOULD HAVE RECEIVED ADDITIONAL TRAVEL PAY FOR YOUR OWN TRAVEL ON A SIMILAR BASIS, AND A DISLOCATION ALLOWANCE INCIDENT TO YOUR DEPENDENTS' TRAVEL.

UNDER ORDERS DATED APRIL 21, 1961, YOU WERE RELIEVED OF YOUR DUTY ASSIGNMENT IN GERMANY AND DIRECTED TO PROCEED TO THE CONTINENTAL UNITED STATES FOR RELEASE FROM MILITARY SERVICE. CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS AUTHORIZED. SPECIAL ORDERS NO. 108 DATED MAY 17, 1961, ISSUED BY HEADQUARTERS FORT HAMILTON, NEW YORK, SHOWS THAT YOU WERE DISCHARGED THERE ON MAY 16, 1961, THAT YOU IMMEDIATELY REENLISTED MAY 17, 1961, FOR A PERIOD OF THREE YEARS AT THE SAME STATION, AND THAT YOU WERE AUTHORIZED 30 DAYS' REENLISTMENT LEAVE. BY SPECIAL ORDERS NO. 119 DATED JUNE 1, 1961, YOU WERE RELEASED FROM YOUR ASSIGNMENT AT FORT HAMILTON AND REASSIGNED TO THE OVERSEAS REPLACEMENT STATION, OAKLAND ARMY TERMINAL, CALIFORNIA, FOR FURTHER ASSIGNMENT OVERSEAS. A TELEGRAM DATED JUNE 8, 1961, DIRECTED TO YOU AT WABASH, INDIANA, THE INFORMATION FROM WHICH WAS RELAYED TO YOU AT SEATTLE, WASHINGTON, THE SAME DATE, DIRECTED YOU UPON COMPLETION OF YOUR REENLISTMENT LEAVE TO REPORT TO HEADQUARTERS, VI UNITED STATES ARMY CORPS, FORT BENJAMIN HARRISON, INDIANA, PENDING AMENDMENT OF YOUR ORDERS FOR ASSIGNMENT THERE. SPECIAL ORDERS NO. 126 DATED JUNE 9, 1961, REVOKED THE ORDERS OF JUNE 1, 1961, AND CONFIRMED YOUR REASSIGNMENT TO FORT BENJAMIN HARRISON AND DIRECTED YOU UPON COMPLETION OF YOUR REENLISTMENT LEAVE AND TRAVEL TIME TO REPORT THERE NOT LATER THAN JUNE 21, 1961, IF TRAVEL WAS PERFORMED BY PRIVATELY OWNED VEHICLE AND NOT LATER THAN JUNE 19, 1961, IF COMMERCIAL TRANSPORTATION WAS USED. BY OUR SETTLEMENT OF SEPTEMBER 20, 1961, YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL WAS LIMITED TO THAT FOR THEIR TRANSPORTATION FROM FORT HAMILTON TO FORT BENJAMIN HARRISON ONLY UNDER THOSE ORDERS. YOU SAY THAT SINCE YOU WERE TRAVELING UNDER COMPETENT MILITARY ORDERS YOU FEEL YOU ARE ENTITLED TO THE ADDITIONAL TRAVEL ALLOWANCE CLAIMED.

THE TRAVEL OF MEMBERS AND THEIR DEPENDENTS INCIDENT TO A MEMBER'S PERMANENT CHANGE OF STATION IS AUTHORIZED UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, AND THE PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER IS AUTHORIZED WHEN DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH A PERMANENT CHANGE OF STATION. 37 U.S.C. 404, 406 AND 407. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3003-1B OF SUCH REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN CHANGE OF STATION ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF (DETACHMENT) FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. PARAGRAPH 7050 OF THE REGULATIONS PROVIDES THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION ARE CHANGED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS AND A NEW PERMANENT STATION IS DESIGNATED, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED, NOT TO EXCEED THE ENTITLEMENT FROM THE OLD PERMANENT STATION TO THE ULTIMATE NEW STATION. SIMILAR LIMITATIONS AS TO TRAVEL ALLOWANCES FOR THE MEMBER ARE CONTAINED IN PARAGRAPH 4156 - CASE 9(C). SUCH PROVISIONS ARE CONSISTENT WITH THE LONG-ESTABLISHED PRINCIPLE THAT WHERE A MEMBER IS GRANTED LEAVE OR AUTHORIZED DELAY IN THE PERFORMANCE OF TRAVEL, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF SUCH LEAVE OR DELAY AND THAT IF THE ORDERS ARE CANCELLED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED BY THE MEMBER OR HIS DEPENDENTS IS REGARDED AS INCIDENT TO THE LEAVE OR DELAY AND THE EXPENSE OF SUCH TRAVEL MUST BE BORNE BY THE MEMBER CONCERNED. SEE 31 COMP. GEN. 156 AND 33 COMP. GEN. 289.

WHILE YOUR ORDERS OF JUNE 1, 1961, DIRECTED A CHANGE OF STATION TO THE OVERSEAS REPLACEMENT STATION, OAKLAND ARMY TERMINAL, CALIFORNIA, YOU DID NOT REPORT AT THAT PLACE SINCE A NEW PERMANENT STATION AT HEADQUARTERS, VI UNITED STATES ARMY CORPS, FORT BENJAMIN HARRISON, INDIANA, WAS DESIGNATED PRIOR TO THE EXPIRATION OF YOUR REENLISTMENT LEAVE. THEREFORE, YOUR ORDERS TO THE OVERSEAS REPLACEMENT STATION NEVER BECAME EFFECTIVE. UNDER SUCH CIRCUMSTANCES, YOUR TRAVEL AND THAT OF YOUR DEPENDENTS WAS AUTHORIZED AT GOVERNMENT EXPENSE UNDER THE CITED REGULATIONS ONLY FROM FORT HAMILTON TO FORT BENJAMIN HARRISON.

UNDER THE PROVISIONS OF 37 U.S.C. 407, A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION IS ENTITLED TO A DISLOCATION ALLOWANCE, EXCEPT IN THE CASE WHERE HE IS ORDERED FROM HIS HOME TO HIS FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME. PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS PROMULGATED THEREUNDER PROVIDES THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE INCIDENT TO PERMANENT CHANGE OF STATION TRAVEL PERFORMED FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON REENLISTMENT, AND PARAGRAPH 9003-5 PROVIDES THAT THE ALLOWANCE IS NOT PAYABLE INCIDENT TO TRAVEL FROM LAST DUTY STATION IN ONE PERIOD OF SERVICE TO THE FIRST DUTY STATION IN ANOTHER PERIOD OF SERVICE WHEN THERE WAS NO ORDERED CHANGE OF STATION BETWEEN THOSE STATIONS. CONSISTENT WITH THAT LIMITATION, PARAGRAPH 12 4C(2), ARMY REGULATIONS 37- 106, PROVIDES THAT A MEMBER ORDERED FROM HIS OLD PERMANENT STATION TO A TRANSFER ACTIVITY FOR DISCHARGE OR SEPARATION WHO ENLISTS OR REENLISTS AT A TRANSFER ACTIVITY WITHOUT A BREAK IN ACTIVE SERVICE AND IS ASSIGNED A NEW PERMANENT STATION IS NOT ENTITLED TO PAYMENT OF THE DISLOCATION ALLOWANCE. IN VIEW OF SUCH PROVISIONS THE PAYMENT OF THE DISLOCATION ALLOWANCE CLEARLY IS NOT AUTHORIZED.

RELATIVE TO YOUR STATEMENT THAT THE REGULATIONS DO NOT PROHIBIT AN INDIVIDUAL FROM GOING INTO A TRAVEL STATUS AND TURNING HIS LEAVE IN PRIOR TO THE TERMINATION DATE OF HIS AUTHORIZED LEAVE STATUS, SUCH ACTION IS A MATTER PRIMARILY WITHIN THE JURISDICTION OF THE SERVICE CONCERNED IN THE LIGHT OF THE MILITARY RESPONSIBILITIES OF THAT SERVICE. IF YOU WANTED TO RETURN TO DUTY PRIOR TO THE TERMINATION OF YOUR REENLISTMENT LEAVE, YOU SHOULD HAVE CONTACTED YOUR COMMANDING OFFICER FOR HIS APPROVAL.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 20, 1961, IS SUSTAINED.