B-146525, MAY 1, 1962

B-146525: May 1, 1962

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WYATT: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17. YOU WERE ASSIGNED TO THE PERSONNEL CENTER AT FORT CHAFFEE. AT FORT CHAFFEE YOU WERE ASSIGNED TO 1ST UNITED STATES ARMY TRAINING CENTER. YOU WERE TRANSFERRED AS AN ARMY ANTIAIRCRAFT COMMAND ENLISTEE TO THE UNITED STATES ARMY TRAINING CENTER. WAS AUTHORIZED EN ROUTE WITH THE REPORTING DATE BEING SPECIFIED AS NOT LATER THAN JUNE 19. THERE WERE ISSUED SPECIAL ORDERS NO. 130 OF JUNE 25. APPARENTLY ON THE BASIS THAT FORT BLISS WAS CONSIDERED TO BE YOUR PERMANENT STATION. COPIES OF CORRESPONDENCE SUBMITTED WITH YOUR LETTER INDICATE THAT IT SUBSEQUENTLY WAS ADMINISTRATIVELY DETERMINED TO PAY PERMANENT CHANGE OF STATION ALLOWANCES TO ENLISTEES WHO WERE TRANSFERRED TO FORT BLISS AND PERMANENTLY ASSIGNED UNDER CIRCUMSTANCES SUCH AS THOSE INVOLVED IN YOUR CASE.

B-146525, MAY 1, 1962

TO MR. W. D. WYATT:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1962, REQUESTING RECONSIDERATION OF SETTLEMENT DATED MAY 10, 1961, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO YOUR ASSIGNMENT TO DUTY AT FORT BLISS, TEXAS, AS A MEMBER OF THE UNITED STATES ARMY.

THE RECORD SHOWS THAT AFTER BEING DISCHARGED FROM MILITARY SERVICE AND AFTER BEING OUT OF THE SERVICE FOR A SHORT PERIOD YOU REENLISTED AT THE ARMY RECRUITING MAIN STATION, MEMPHIS, TENNESSEE, ON APRIL 24, 1956, FOR DUTY IN THE REGULAR ARMY IN A BRANCH OF THE ARMY ANTIAIRCRAFT COMMAND. SPECIAL ORDERS NO. 38, ISSUED BY THE RECRUITING STATION ON THAT DATE, YOU WERE ASSIGNED TO THE PERSONNEL CENTER AT FORT CHAFFEE, ARKANSAS, AND DIRECTED TO REPORT THERE NOT LATER THAN APRIL 25, 1956, FOR DISPOSITION. AT FORT CHAFFEE YOU WERE ASSIGNED TO 1ST UNITED STATES ARMY TRAINING CENTER, FIELD ARTILLERY, REPLACEMENT COMPANY (TRAINEE-POR REFRESHER) AND BY SPECIAL ORDERS NO. 46 OF THAT STATION ISSUED ON MAY 8, 1956, YOU WERE TRANSFERRED AS AN ARMY ANTIAIRCRAFT COMMAND ENLISTEE TO THE UNITED STATES ARMY TRAINING CENTER, ANTIAIRCRAFT ARTILLERY, FORT BLISS, TEXAS, AND DIRECTED TO PROCEED ON MAY 16, 1956. THIRTY DAYS' DELAY, DESIGNATED AS REENLISTMENT LEAVE, WAS AUTHORIZED EN ROUTE WITH THE REPORTING DATE BEING SPECIFIED AS NOT LATER THAN JUNE 19, 1956. AFTER YOUR ARRIVAL AT FORT BLISS, THERE WERE ISSUED SPECIAL ORDERS NO. 130 OF JUNE 25, 1956 (AS AMENDED BY SPECIAL ORDERS NO. 161, DATED AUGUST 6, 1956), AND SPECIAL ORDERS NO. 134 OF JUNE 27, 1956, EFFECTING CHANGES IN YOUR GROUP ASSIGNMENTS AT THAT STATION, THE ORDERS OF JUNE 25 DESIGNATING YOUR ASSIGNMENT AS TEMPORARY DUTY, WHILE THE ORDERS OF JUNE 27 SIMPLY DESIGNATED THE ASSIGNMENT AS FOR DUTY, APPARENTLY ON THE BASIS THAT FORT BLISS WAS CONSIDERED TO BE YOUR PERMANENT STATION. COPIES OF CORRESPONDENCE SUBMITTED WITH YOUR LETTER INDICATE THAT IT SUBSEQUENTLY WAS ADMINISTRATIVELY DETERMINED TO PAY PERMANENT CHANGE OF STATION ALLOWANCES TO ENLISTEES WHO WERE TRANSFERRED TO FORT BLISS AND PERMANENTLY ASSIGNED UNDER CIRCUMSTANCES SUCH AS THOSE INVOLVED IN YOUR CASE.

YOU DIRECT ATTENTION TO THE FACT THAT YOUR REENLISTMENT WAS MADE AT THE ARMY RECRUITING MAIN STATION, MEMPHIS, TENNESSEE, INSTEAD OF AT FORT CHAFFEE, ARKANSAS, AS STATED IN THE SETTLEMENT OF MAY 10, 1961, AND APPARENTLY YOU BELIEVE THAT SINCE FORT CHAFFEE WAS YOUR FIRST ASSIGNED STATION AFTER REENLISTMENT, YOUR FURTHER TRANSFER TO FORT BLISS UNDER ORDERS (SO NO. 46) CONTAINING THE ABBREVIATION "PCS" CONSTITUTED A CHANGE IN PERMANENT STATIONS ENTITLING YOU TO RECEIVE A DISLOCATION ALLOWANCE FOR THE MOVEMENT OF YOUR DEPENDENTS. WHILE YOU ALSO CONTEND THAT A PERMANENT CHANGE OF STATION WAS AUTHORIZED BY SPECIAL ORDERS NO. 130 AND SPECIAL ORDERS NO. 161, IT SHOULD BE OBSERVED THAT YOUR STATION (FORT BLISS) WAS NOT CHANGED BY THESE ORDERS AND THAT ALTHOUGH THE FIRST ORDERS CONTAINED A REFERENCE UNDER THE ISSUANCE AUTHORITY TO A COMMUNICATION ON THE SUBJECT OF PAYMENT OF PERMANENT CHANGE OF STATION ALLOWANCES FOR ARMY ANTIAIRCRAFT COMMAND ENLISTEES, THAT REFERENCE WAS DELETED BY THE AMENDING ORDERS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH ORDERS DIRECTING A PERMANENT CHANGE OF STATION. THE PURPOSE OF DISLOCATION ALLOWANCE IS TO PARTIALLY REIMBURSE A MEMBER WITH DEPENDENTS FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A PERMANENT CHANGE OF STATION. SEE PARAGRAPH 9000 OF THE JOINT TRAVEL REGULATIONS. HOWEVER, PARAGRAPH 9003-3 OF THOSE REGULATIONS PROVIDES THAT A DISLOCATION ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED "FROM HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, REENLISTMENT, OR INDUCTION.' PARAGRAPH 42A OF ARMY REGULATIONS NO. 601-210, IN EFFECT AT THE TIME OF YOUR REENLISTMENT, PROVIDED IN PERTINENT PART AS FOLLOWS:

"* * * ALL MEN ENLISTED OR REENLISTED THROUGH RECRUITING MAIN STATIONS WILL BE FORWARDED WITHOUT UNDUE DELAY TO THE APPROPRIATE RECEPTION STATION FOR PROCESSING AND SUBSEQUENT REASSIGNMENT TO A DESIGNATED TRAINING ACTIVITY. REENLISTMENT LEAVES WILL NOT BE GRANTED FOR PERSONNEL DESTINED FOR RECEPTION STATIONS. ALL INDIVIDUALS DESTINED FOR RECEPTION STATIONS WILL BE ASSIGNED AND NOT ATTACHED TO SUCH STATIONS.'

ALTHOUGH THE ORDERS ISSUED AT MEMPHIS AND FORT CHAFFEE ON APRIL 24 AND MAY 8, 1956, RESPECTIVELY, INCLUDED THE ABBREVIATION "PCS" DENOTING A PERMANENT CHANGE OF STATION, THE QUESTION OF WHETHER AN ASSIGNMENT IS TEMPORARY OR PERMANENT IS ONE OF FACT AND IS NOT NECESSARILY DETERMINABLE BY SUCH DESIGNATIONS APPEARING IN THE ORDERS. IT SEEMS CLEAR THAT, HAVING REENLISTED THROUGH THE ARMY RECRUITING MAIN STATION AT MEMPHIS FOR SERVICE IN A BRANCH OF THE ARMY ANTIAIRCRAFT COMMAND, YOUR IMMEDIATE ASSIGNMENT TO THE PERSONNEL CENTER AT FORTH CHAFFEE (A FIELD ARTILLERY TRAINING CENTER) WAS MADE IN ACCORDANCE WITH THE ABOVE PROVISION OF ARMY REGULATIONS NO. 601-210 FOR THE PURPOSE OF PROCESSING AND REASSIGNING YOU TO A TRAINING ACTIVITY IN THE DESIGNATED BRANCH OF SERVICE. THIS IS FURTHER APPARENT FROM THE FACT THAT THE ORDERS SPECIFICALLY STATED THAT YOU WERE ASSIGNED TO THAT STATION "FOR DISPOSITION" AND DID NOT AUTHORIZE THE TAKING OF YOUR REENLISTMENT LEAVE WHICH WAS WITHHELD UNTIL YOU WERE SUBSEQUENTLY TRANSFERRED TO THE ARMY TRAINING CENTER FOR ANTIAIRCRAFT ARTILLERY AT FORT BLISS BY ORDERS DATED MAY 8, 1956. UNDER SUCH CIRCUMSTANCES, FORT CHAFFEE MUST BE CONSIDERED AS A TEMPORARY STATION DURING THE PERIOD OF YOUR ASSIGNMENT THERE.

HENCE, IN VIEW OF THE EXPRESS TERMS OF THE STATUTE AND APPLICABLE REGULATIONS, AND INASMUCH AS IT APPEARS FROM THE PRESENT RECORD THAT FORT BLISS WAS YOUR FIRST PERMANENT STATION--- YOUR ASSIGNMENT TO FORT CHAFFEE BEING, IN FACT, A TEMPORARY DUTY ASSIGNMENT, THE PAYMENT OF A DISLOCATION ALLOWANCE FOR THE MOVEMENT OF YOUR DEPENDENTS TO FORT BLISS IS NOT AUTHORIZED.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT DATED MAY 10, 1961, WAS CORRECT AND IS SUSTAINED.

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