B-144378, JAN. 25, 1961

B-144378, JAN. 25, 1961

TO MR. STANLEY E. WASSERMAN:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 29, 1960, FURTHER PROTESTING YOUR INDEBTEDNESS OF $85.50 DUE THE UNITED STATES BY REASON OF AN ERRONEOUS PAYMENT TO YOU OF A DISLOCATION ALLOWANCE WHILE ON ACTIVE DUTY AS A SECOND LIEUTENANT, UNITED STATES ARMY RESERVE.

THIS INDEBTEDNESS WAS THE SUBJECT OF OUR DECISION TO YOU DATED NOVEMBER 18, 1960, B-144378. IN THAT DECISION WE CITED THE LAW AND REGULATIONS APPLICABLE TO THE MATTER AND THE REASONS WHY YOU ARE INDEBTED TO THE UNITED STATES FOR THE ERRONEOUS PAYMENT OF THE DISLOCATION ALLOWANCE. YOUR PRESENT CONTENTIONS ARE SIMILAR TO THOSE PRESENTED IN PRIOR LETTERS PROTESTING THE REQUESTS FOR REFUND OF THE AMOUNT DUE. THE FACT THAT YOU MAY HAVE INCURRED ADDITIONAL EXPENSE IN RELOCATING YOUR HOUSEHOLD AT FORT MONMOUTH, NEW JERSEY, INCIDENT TO YOUR TEMPORARY DUTY EN ROUTE TO YOUR FIRST PERMANENT DUTY STATION AT FORT HUSCHUCA, ARIZONA, AFFORDS NO BASIS FOR CONCLUDING THAT YOU WERE NOT ORDERED TO ACTIVE DUTY FROM YOUR HOME IN NEW YORK FOR DISLOCATION ALLOWANCE PURPOSES. THE ORDERED PERIOD OF TEMPORARY DUTY AT FORT MONMOUTH INCIDENT TO YOUR ORDERS TO DUTY AT FORT HUSCHUCA HAD NO EFFECT ON YOUR ASSIGNMENT FROM HOME TO YOUR FIRST PERMANENT DUTY STATION. THE STATUTE AND REGULATIONS CLEARLY PRECLUDE THE PAYMENT OF A DISLOCATION ALLOWANCE FROM HOME TO FIRST PERMANENT DUTY STATION. THE STATUTE AND REGULATIONS CLEARLY PRECLUDE THE PAYMENT OF A DISLOCATION ALLOWANCE FROM HOME TO FIRST PERMANENT DUTY STATION AND MAKE NO EXCEPTION IN THE CASE OF AN INTERVENING PERIOD OF TEMPORARY DUTY EN ROUTE TO FIRST DUTY STATION.

ACCORDINGLY, THE DECISION OF NOVEMBER 18, 1960, IS AFFIRMED AND YOU SHOULD REFUND THE AMOUNT OF YOUR INDEBTEDNESS AS REQUESTED IN THAT DECISION.