B-140796, JANUARY 25, 1960, 39 COMP. GEN. 540

B-140796, JANUARY 25, 1960, 39 COMP. GEN. 540

MILITARY PERSONNEL - TRANSPORTATION AND STORAGE OF HOUSEHOLD EFFECTS - DUTY AT ISOLATED AIRCRAFT CONTROL WARNING SQUADRONS OFF UNITED STATES COAST MEMBERS OF THE UNIFORMED SERVICES WHO ARE ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO DUTY AT THE TEXAS TOWERS AND WHO ARE ROTATED AT 30- DAY INTERVALS BETWEEN THEIR RESTRICTED STATION OFFSHORE AND THE LOCATION OF THE PARENT ORGANIZATION AT OTIS AIR FORCE BASE--- WHICH IS NOT A RESTRICTED STATION FOR TRANSPORTATION OF DEPENDENTS--- MAY NOT HAVE THE DUTY AT THE TEXAS TOWERS CONSIDERED AS SEA DUTY OR OVERSEAS DUTY UNDER PARAGRAPH 8253-2 OF THE JOINT TRAVEL REGULATIONS OR DUTY TO A PLACE IN THE UNITED STATES WHERE, DUE TO MILITARY RESTRICTIONS, DEPENDENTS ARE NOT PERMITTED TO JOIN THE MEMBER FOR 20 WEEK UNDER PARAGRAPH 8253-3 OF THE JOINT TRAVEL REGULATIONS FOR ENTITLEMENT TO NONTEMPORARY STORAGE OR SHIPMENT OF HOUSEHOLD EFFECTS TO A DESIGNATED PLACE AT GOVERNMENT EXPENSE. MEMBERS OF THE UNIFORMED SERVICES WHO ARE ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO DUTY ON SAN CLEMENTE ISLAND AND SANTA ROSA ISLAND--- LOCATED 30 MILES FROM THE CALIFORNIA COAST--- WHERE DEPENDENTS ARE NOT PERMITTED TO JOIN THE MEMBERS ARE NOT REGARDED AS BEING ASSIGNED TO DUTY BEYOND THE CONTINENTAL UNITED STATES FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS UNDER PARAGRAPH 8253-2 OF THE JOINT TRAVEL REGULATIONS BUT ARE REGARDED AS BEING ASSIGNED TO A RESTRICTED AREA IN THE CONTINENTAL UNITED STATES FOR ENTITLEMENT TO SHIPMENT OF HOUSEHOLD EFFECTS TO A DESIGNATED LOCATION UNDER PARAGRAPH 8253-3 OF THE JOINT TRAVEL REGULATIONS.

TO THE SECRETARY OF THE AIR FORCE, JANUARY 25, 1960:

REFERENCE IS MADE TO LETTER OF SEPTEMBER 8, 1959, FROM THE UNDER SECRETARY OF THE AIR FORCE, PDTATAC CONTROL NO. 59-32, REQUESTING AN ADVANCE DECISION ON CERTAIN QUESTIONS RELATING TO THE ENTITLEMENT OF MEMBERS OF THE AIR FORCE TO SHIPMENT AND/OR NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE INCIDENT TO ASSIGNMENTS TO ISOLATED AIRCRAFT CONTROL WARNING SQUADRONS, IN THE CIRCUMSTANCES DESCRIBED IN THE LETTER AS FOLLOWS:

ORDINARILY THERE IS A CLEAR DISTINCTION BETWEEN "DUTY AT A PLACE WITHIN THE CONTINENTAL UNITED STATES" ON THE ONE HAND AND "SEA DUTY" OR "DUTY AT AN OVERSEA STATION" ON THE OTHER. HOWEVER, IN THE CASE OF THE TEXAS TOWERS, SAN CLEMENTE ISLAND, AND SANTA ROSA ISLAND THERE IS A REASONABLE DOUBT AS TO WHICH DESCRIPTION APPLIES.

THE TEXAS TOWERS ARE LOCATED APPROXIMATELY 40 MILES OFF THE NEW ENGLAND COAST AND CONTAIN NO ACCOMMODATIONS FOR DEPENDENTS. PERSONNEL SERVING AT THE TOWERS ARE ASSIGNED TO OTIS AIR FORCE BASE WITH PERMANENT DUTY STATION AT THE TOWERS AND ARE ROTATED BETWEEN OTIS AIR FORCE BASE AND THE TOWERS EVERY 30 DAYS. WHILE ASSIGNED TO THE TOWERS, PERSONNEL RECEIVE FOREIGN DUTY PAY AND OVERSEA SERVICE CREDIT.

SAN CLEMENTE ISLAND AND SANTA ROSA ISLAND ARE PART OF THE STATE OF CALIFORNIA BUT ARE LOCATED MORE THAN 30 MILES FROM THE CALIFORNIA COAST AND CONTAIN NO ACCOMMODATIONS FOR DEPENDENTS. PERSONNEL ARE ASSIGNED TO THE ISLANDS AS PERMANENT DUTY STATIONS AND REMAIN THERE FOR A FULL 18 MONTHS TOUR. WHILE STATIONED ON THESE ISLANDS, MEMBERS RECEIVE FOREIGN DUTY PAY AND OVERSEA SERVICE CREDIT.

YOUR DECISION IS REQUESTED ON THE FOLLOWING TWO QUESTIONS IN CONNECTION WITH A PERMANENT CHANGE OF STATION TO (A) TEXAS TOWERS, (B) SAN CLEMENTE ISLAND, AND (C) SANTA ROSA ISLAND:

1. IS SHIPMENT OF HOUSEHOLD GOODS TO A DESIGNATED LOCATION AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 8253-2 OR 8253-3, JTR?

2. IS NONTEMPORARY STORAGE OF HOUSEHOLD GOODS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 8253-2, JTR?

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES IN PART THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES IN CONNECTION WITH A CHANGE OF STATION (WHETHER TEMPORARY OR PERMANENT) ARE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. IT FURTHER PROVIDES THAT WITHIN CERTAIN LIMITATIONS NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS MAY BE AUTHORIZED IN GOVERNMENT FACILITIES, OR IN COMMERCIAL FACILITIES WHENEVER SUCH STORAGE IS CONSIDERED TO BE MORE ECONOMICAL TO THE GOVERNMENT.

JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY PROVIDE GENERALLY (PARAGRAPH 8101) FOR NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS, WITHIN AUTHORIZED WEIGHT ALLOWANCES AND FOR SPECIFIED PERIODS OF TIME DETERMINED ON THE BASIS OF THE NATURE OF THE CHANGE IN THE MEMBER'S DUTY SITUATION. PARAGRAPH 8253-1 OF THE SAME REGULATIONS PROVIDES, GENERALLY, THAT UPON A PERMANENT CHANGE OF STATION FOR PERSONNEL ON ACTIVE DUTY, SHIPMENT OF HOUSEHOLD GOODS FROM THE LAST DUTY STATION TO THE NEW DUTY STATION IS AUTHORIZED. PARAGRAPH 8253-2A OF THESE REGULATIONS PROVIDES IN PART THAT WHEN A MEMBER IS ORDERED TO SEA DUTY OR TO DUTY OVERSEAS, SHIPMENT OF HOUSEHOLD EFFECTS IS AUTHORIZED FROM THE LAST PERMANENT DUTY STATION TO SUCH LOCATION WITHIN THE UNITED STATES AS MAY BE DESIGNATED BY THE MEMBER CONCERNED, OR HIS EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE UNDER THE PROVISIONS OF PARAGRAPH 8101. PARAGRAPH 8253-2B PROVIDES THAT WHEN A MEMBER IS ORDERED TO AN OVERSEAS STATION (INCLUDING ASSIGNMENT TO NONROTATED VESSELS AND UNITS OVERSEAS FOR CONTEMPLATED PERIODS OF MORE THAN 12 MONTHS), AND SHIPMENT OF HOUSEHOLD GOODS IS PROHIBITED, OR WHEN, DUE TO MILITARY RESTRICTIONS, IT IS ANTICIPATED THAT DEPENDENTS WILL NOT BE PERMITTED TO JOIN HIM WITHIN 20 WEEKS, SHIPMENT IS AUTHORIZED EITHER NONTEMPORARY STORAGE TO THE MEMBER'S CURRENT DUTY STATION, OR TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE UNDER THE PROVISIONS OF PARAGRAPH 7005-2, ITEM 1, AND SUBSEQUENTLY FROM SUCH DESIGNATED PLACE TO THE MEMBER'S CURRENT DUTY STATION.

PARAGRAPH 8253-3 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS ORDERED TO DUTY AT A PLACE WITHIN CONTINENTAL UNITED STATES WHERE SHIPMENT OF HOUSEHOLD GOODS IS PROHIBITED, OR WHERE, DUE TO MILITARY RESTRICTIONS, DEPENDENTS ARE NOT PERMITTED TO JOIN HIM WITHIN 20 WEEKS, SHIPMENT IS AUTHORIZED FROM THE LAST DUTY STATION TO SUCH LOCATION IN THE UNITED STATES AS THE MEMBER CONCERNED MAY DESIGNATE. UPON REMOVAL OF THE MILITARY RESTRICTION, OR UPON SUBSEQUENT TRANSFER TO AN UNRESTRICTED DUTY STATION, SHIPMENT IS AUTHORIZED FROM THE DESIGNATED LOCATION TO THE MEMBER'S CURRENT DUTY STATION.

IT IS UNDERSTOOD THAT THE TEXAS TOWERS ARE OFFSHORE RADAR STATIONS LOCATED APPROXIMATELY 40 MILES OFF THE NEW ENGLAND COAST AND CONTAIN NO ACCOMMODATIONS FOR DEPENDENTS; THAT PERSONNEL SERVING AT THE TOWERS ARE ASSIGNED TO OTIS AIR FORCE BASE, MASSACHUSETTS, UNDER ORDERS WHICH DESIGNATE THE TOWERS AS THE MEMBER'S PERMANENT DUTY STATION; AND THAT SUCH PERSONNEL ARE ROTATED BETWEEN THE PARENT ORGANIZATION AT OTIS AIR FORCE BASE AND THE TOWERS ALTERNATELY EVERY 30 DAYS.

AS POINTED OUT ABOVE, PARAGRAPHS 8253-2A AND 8253-2B OF THE JOINT TRAVEL REGULATIONS AUTHORIZE, WITHIN SPECIFIED LIMITATIONS, THE NONTEMPORARY STORAGE OR SHIPMENT OF HOUSEHOLD GOODS TO A DESIGNATED PLACE AT GOVERNMENT EXPENSE INCIDENT TO ORDERS ASSIGNING MEMBERS TO SEA DUTY OR TO A STATION OVERSEAS TO WHICH DEPENDENT TRAVEL IS PROHIBITED. SUCH REGULATIONS, HOWEVER, DO NOT APPEAR TO CONTEMPLATE NONTEMPORARY STORAGE OR SHIPMENT OF EFFECTS AT GOVERNMENT EXPENSE TO A DESIGNATED LOCATION SELECTED BY THE MEMBER WHERE, AS HERE, MEMBERS ARE ROTATED AT 30-DAY INTERVALS BETWEEN THEIR RESTRICTED STATION BASE, WHICH BASE APPARENTLY IS NOT A RESTRICTED STATION. ON THAT BASIS, IT IS CONCLUDED THAT MEMBERS ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO DUTY AT TEXAS TOWERS ARE NOT ENTITLED TO THE SHIPMENT AT GOVERNMENT EXPENSE OF THEIR HOUSEHOLD GOODS TO A DESIGNATED LOCATION UNDER THE PROVISIONS OF PARAGRAPHS 8253-2 OR 8253-3 OF THE JOINT TRAVEL REGULATIONS. ALSO, THEY ARE NOT ENTITLED TO NONTEMPORARY STORAGE OF HOUSEHOLD GOODS UNDER THE PROVISIONS OF PARAGRAPH 8253-2 OF THE REGULATIONS. ACCORDINGLY, AS TO THESE MEMBERS, QUESTIONS 1 AND 2 ARE ANSWERED IN THE NEGATIVE.

WHILE IT MAY BE THAT SAN CLEMENTE ISLAND AND SANTA ROSA ISLAND ARE LOCATED MORE THAN 30 MILES FROM THE CALIFORNIA COAST, IT SEEMS TO BE WELL ESTABLISHED THAT SUCH ISLANDS ARE A PART OF THE STATE OF CALIFORNIA, A PART OF THE UNITED STATES, AND HENCE NOT BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES. THUS, THE ASSIGNMENT OF MEMBERS UNDER PERMANENT CHANGE OF STATION ORDERS TO DUTY ON THOSE ISLANDS, WHERE DEPENDENTS ARE NOT PERMITTED TO JOIN THEM, MUST BE REGARDED AS ASSIGNMENTS TO DUTY AT A RESTRICTED AREA WITHIN CONTINENTAL UNITED STATES. THEREFORE, IT IS CONCLUDED THAT WHEN MEMBERS ARE ASSIGNED TO DUTY ON SAN CLEMENTE ISLAND AND SANTA ROSA ISLAND, IN THE CIRCUMSTANCES HERE SHOWN, THEY ARE ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS TO A DESIGNATED LOCATION UNDER THE PROVISIONS OF PARAGRAPH 8253 3 OF THE JOINT TRAVEL REGULATIONS, BUT THEY ARE NOT ENTITLED TO NONTEMPORARY STORAGE OF EFFECTS UNDER THE PROVISIONS OF PARAGRAPH 8253 2 OF THE REGULATIONS. QUESTIONS 1 AND 2 ARE ANSWERED ACCORDINGLY.

WITH RESPECT TO THE RIGHT OF THE MEMBERS HERE INVOLVED TO FOREIGN DUTY PAY, WHICH IT IS REPORTED IS BEING PAID TO THEM FOR DUTY AT TEXAS TOWERS, AND ON SAN CLEMENTE ISLAND AND SANTA ROSA ISLAND, IT WOULD NOT APPEAR THAT FOREIGN DUTY PAY IS PROPERLY PAYABLE FOR SUCH DUTY. SEE DECISION OF OCTOBER 7, 1949, B-89292, COPY ENCLOSED.