B-152690, DECEMBER 4, 1963, 43 COMP. GEN. 474

B-152690, DECEMBER 4, 1963, 43 COMP. GEN. 474

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - TEMPORARY DUTY - STATUS. TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DISLOCATION ALLOWANCE - MOVES WITHIN SAME CITY, ETC. NAVY MEMBERS ORDERED TO TEMPORARY DUTY IN CONNECTION WITH FITTING OUT A VESSEL, TO BE FOLLOWED BY DUTY ABOARD THE VESSEL WHEN COMMISSIONED--- THE DESIGNATED HOME PORT OF THE VESSEL TO BE THE PERMANENT DUTY STATION FROM WHICH THE MEMBERS WERE TRANSFERRED--- ARE NOT ENTITLED TO PAYMENT FOR THE TRAVEL OF THEIR DEPENDENTS INCIDENT TO THE DELAYED COMMISSIONING OF THE VESSEL, FOR ALTHOUGH THE MEMBERS' ORDERS DID NOT SPECIFICALLY PROVIDE A PERIOD OF TIME FOR THE TEMPORARY DUTY, THEY DID IMPLY TEMPORARY DUTY LIMITED TO FITTING OUT THE VESSEL, AND THE BONA FIDE EXTENSION OF THE TEMPORARY DUTY DID NOT PLACE SUCH DUTY IN THE INDETERMINATE STATUS CONTEMPLATED BY PARAGRAPH 7007-1 OF THE JOINT TRAVEL REGULATIONS FOR ENTITLEMENT TO DEPENDENTS' TRAVEL, AND THE MEMBERS' ORDERS IN SUBSTANCE BEING CHANGE IN STATION ORDERS TO THE VESSEL WITH INTERVENING PERIODS OF TEMPORARY DUTY, THERE IS NO BASIS FOR REIMBURSING THEM FOR THE TRAVEL OF THEIR DEPENDENTS. A NAVAL MEMBER TRANSFERRED TO A SHIP THAT UPON COMMISSIONING WILL HAVE THE SAME HOME PORT AS HIS OLD PERMANENT STATION IS NOT ENTITLED TO THE DISLOCATION ALLOWANCE AUTHORIZED BY 37 U.S.C. 407 (A), PARAGRAPH 9003-7 OF THE JOINT TRAVEL REGULATIONS PROVIDING THAT A DISLOCATION ALLOWANCE IS NOT PAYABLE FOR ANY PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED WITHIN THE SAME CORPORATE LIMITS OF THE SAME CITY.

TO ENSIGN T. L. COOPER, DEPARTMENT OF THE NAVY, DECEMBER 4, 1963:

BY 4TH INDORSEMENT DATED OCTOBER 14, 1963, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF AUGUST 28, 1963, REQUESTING AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 7057, NAVY TRAVEL INSTRUCTIONS AND PARAGRAPH 7007-2, JOINT TRAVEL REGULATIONS, ON SUBMITTED DEPENDENT TRAVEL CLAIMS OF CLARENCE G. BOHLEN, 754 07 41, SH1, USN, AND JOHN W. DAVIS,884 59 03, MR1, USN. YOUR REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 63- 20.

IN EACH OF THE SUBMITTED CASES THE MEMBER WAS ORDERED TO THE PRECOMMISSIONING DETAIL OF THE U.S.S. VANCOUVER FOR TEMPORARY DUTY IN CONNECTION WITH FITTING OUT AND FOR DUTY ABOARD UPON COMMISSIONING. IT IS STATED THAT THE VANCOUVER WAS ORIGINALLY SCHEDULED TO BE COMMISSIONED ON AN UNSPECIFIED DATE IN SEPTEMBER 1962, AND THAT DUE TO CONSTRUCTION DELAYS THIS DATE WAS SLIPPED TO NOVEMBER 24, 1962, THEN TO MARCH 19, 1963, AND THAT THE COMMISSIONING TOOK PLACE ON MAY 11, 1963, AT WHICH TIME THE HOME PORT WAS DESIGNATED AS SAN DIEGO, CALIFORNIA, AND THE HOME YARD LONG BEACH, CALIFORNIA. IN BOHLEN'S CASE ORDERS DATED JULY 30, 1962, TRANSFERRED HIM FROM U.S. NAVAL AMPHIBIOUS BASE, CORONADO, SAN DIEGO, CALIFORNIA, TO BROOKLYN, NEW YORK, FOR THE TEMPORARY DUTY HERE INVOLVED. HIS DEPENDENTS TRAVELED FROM IMPERIAL BEACH, CALIFORNIA, TO BROOKLYN, NEW YORK, VIA LYNCHBURG, VIRGINIA, DURING THE PERIOD AUGUST 17, 1962, TO MARCH 15, 1963, AND FROM BROOKLYN TO IMPERIAL BEACH DURING THE PERIOD JUNE 1 TO 15, 1963. THE SUBMITTED VOUCHER IS COMPUTED ON THE BASIS OF ROUND TRIP TRAVEL OF DEPENDENTS FROM SAN DIEGO TO NEW YORK AND RETURN, PLUS TWO DISLOCATION ALLOWANCES. IN DAVIS' CASE, ORDERS DATED NOVEMBER 13, 1962, ISSUED WHILE HE WAS AWAY FROM HIS DUTY STATION, THE U.S.S. THRUSH, UNDER ORDERS DATED MAY 9, 1962, IN ATTENDANCE AT A COURSE OF INSTRUCTION AT SAN DIEGO, TRANSFERRED HIM FROM SAN DIEGO TO NEW YORK FOR THE TEMPORARY DUTY HERE INVOLVED WITH TEMPORARY DUTY EN ROUTE AT NORFOLK, VIRGINIA, AND ON BOARD THE VANCOUVER UPON COMMISSIONING. HE REPORTED AT NORFOLK FOR TEMPORARY DUTY ON DECEMBER 26, 1962, AND DEPARTED NORFOLK FOR NEW YORK ON APRIL 13, 1963. THE CLAIM SHOWS TRAVEL OF A DEPENDENT WIFE FROM COCO SOLO, CANAL ZONE, TO SAN DIEGO, CALIFORNIA, AND FROM THE LATTER PLACE TO TROY, NORTH CAROLINA, DURING THE PERIOD AUGUST 7 TO NOVEMBER 14, 1962, AND OF A WIFE AND SON (BORN NOVEMBER 22, 1962) FROM THE LATTER PLACE TO HIGHLAND, CALIFORNIA, ON JULY 7, 1963. THE SUBMITTED VOUCHER IS COMPUTED ON THE BASIS OF ROUND TRIP TRAVEL OF A DEPENDENT FROM SAN DIEGO TO TROY AND RETURN TO HIGHLAND. THE RECORD SHOWS THAT A DISLOCATION ALLOWANCE WAS PAID ON MAY 28, 1963, ON VOUCHER NO. 5 IN YOUR ACCOUNTS.

SINCE BOTH MEMBERS WERE ON TEMPORARY DUTY IN EXCESS OF 20 WEEKS AS A RESULT OF THE CHANGES OF THE VANCOUVER'S COMMISSIONING DATE, YOU REQUEST A DECISION AS TO WHETHER, UNDER PARAGRAPHS 7057, NAVY TRAVEL INSTRUCTIONS, AND 7007-2 OF THE JOINT TRAVEL REGULATIONS, THE MEMBERS ARE ENTITLED TO THE PAYMENT FOR TRAVEL OF THEIR DEPENDENTS FROM THEIR OLD PERMANENT DUTY STATION TO THEIR TEMPORARY DUTY STATION AND UPON COMMISSIONING OF THE SHIP TO THE DESIGNATED HOME PORT OR HOME YARD OF THE VESSEL.

PARAGRAPH 7057 OF NAVY TRAVEL INSTRUCTIONS (RENUMBERED 7106 BY CHANGE 5, JULY 17, 1963) PROVIDES IN SUBPARAGRAPH 2, THAT WHEN MEMBERS ARE ORDERED TO "TEMPORARY DUTY" IN CONNECTION WITH THE FITTING-OUT, RE-ACTIVATION, OR CONVERSION OF A VESSEL, CLAIMS FOR REIMBURSEMENT FOR DEPENDENTS' TRAVEL MAY BE PAID WHEN:

1. THE VESSEL HAS BEEN COMMISSIONED, PLACED IN SERVICE, OR IN THE CASE OF NUCLEAR-POWERED SHIPS, PLACED IN SERVICE SPECIAL;

2. A HOME PORT OR YARD HAS BEEN ASSIGNED; AND

3. THE MEMBER CONCERNED HAS REPORTED ON BOARD FOR DUTY IN COMPLIANCE WITH HIS ORDERS.

PARAGRAPH 7007-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS ASSIGNED TO TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION UNDER ORDERS WHICH DO NOT PROVIDE FOR RETURN TO HIS PERMANENT STATION, OR WHICH DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM THE PERMANENT STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED AS SET FORTH IN THAT PARAGRAPH. SUBPARAGRAPH 2 PROVIDES THAT WHEN THE PERIOD OF TEMPORARY DUTY IS CONTEMPLATED TO BE FOR A DURATION OF 20 WEEKS OR MORE AT ANY ONE DUTY STATION AND THE ORDERS DO NOT PROVIDE FOR RETURN TO THE PERMANENT STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FOR TRAVEL PERFORMED BY THE DEPENDENTS TO THE TEMPORARY DUTY STATION NOT TO EXCEED ENTITLEMENT FOR TRAVEL FROM THE PERMANENT TO THE TEMPORARY STATION.

IN THE CASES HERE INVOLVED THE ORDERS DID NOT SPECIFICALLY PROVIDE A PERIOD OF TIME FOR THE TEMPORARY DUTY BUT THEY DID IMPLY A LIMIT TO THAT TEMPORARY DUTY IN THAT THEY PROVIDED FOR TEMPORARY DUTY IN CONNECTION WITH THE FITTING-OUT OF THE VANCOUVER AND DUTY ON BOARD THAT VESSEL WHEN COMMISSIONED. THUS, THE ORDERS WERE IN SUBSTANCE PERMANENT CHANGE OF STATION ORDERS TO THE SHIP WITH INTERVENING PERIODS OF TEMPORARY DUTY, SUCH TEMPORARY DUTY BEING LIMITED TO THE FITTING-OUT PERIOD OF THE VANCOUVER AND, HENCE, NOT OF AN INDETERMINATE NATURE WITHIN THE MEANING OF PARAGRAPH 7007-1 OF THE JOINT TRAVEL REGULATIONS.

BY SECOND INDORSEMENT DATED SEPTEMBER 10, 1963, THE COMPTROLLER OF THE NAVY POINTED OUT THAT THE DETERMINATION OF WHETHER A MEMBER IS ASSIGNED TO PERMANENT OR TEMPORARY DUTY IN CONNECTION WITH CONVERSION AND FITTING-OUT OF VESSELS IS BASED UPON THE CONTEMPLATED PERIOD OF THE DUTY AS DETERMINED FROM CONSTRUCTION SCHEDULE ESTIMATES FURNISHED TO THE CHIEF OF NAVAL PERSONNEL BY THE CHIEF OF BUREAU OF SHIPS VIA THE CHIEF OF NAVAL OPERATIONS. THEREFORE, THE PERIODS OF TEMPORARY DUTY ARE CONTEMPLATED TO BE OF SPECIFIC DURATION. THE BONA FIDE EXTENSION OF THE TEMPORARY DUTY PERIODS BECAUSE OF CONSTRUCTION SLIPPAGES IS NOT CONSIDERED TO HAVE PLACED THE TEMPORARY DUTY IN AN INDETERMINATE STATUS AS EACH EXTENSION WAS OF ITSELF FOR A DEFINITE ESTIMATED PERIOD.

IN THIS CONNECTION IT APPEARS THAT, HAD IT BEEN CONTEMPLATED THAT THE DUTY IN OUTFITTING THE VANCOUVER PROSPECTIVELY AT ANY TIME WOULD EXCEED 6 MONTHS, PERMANENT CHANGE OF STATION ORDERS TO THE SHORE STATION INSTEAD OF TO THE SHIP WOULD HAVE BEEN REQUIRED. SEE DECISION B-144713, MARCH 22, 1961, COPY ENCLOSED; ALSO, DEPARTMENT OF THE NAVY PERSONNEL CONTROL MEMORANDUM NO. 3-61, FEBRUARY 8, 1961.

ACCORDINGLY, SINCE PARAGRAPH 7057 OF NAVY TRAVEL INSTRUCTIONS IN EFFECT AT THE TIME HERE INVOLVED SPECIFICALLY PRECLUDES PAYMENT OF DEPENDENTS' TRANSPORTATION DURING A PERIOD OF TEMPORARY DUTY IN CONNECTION WITH CONVERSIONS AND FITTING-OUT OF VESSELS, AND THE VANCOUVER WAS HOME PORTED AT SAN DIEGO, THERE IS NO BASIS FOR PAYMENT FOR THE TRAVEL OF DEPENDENTS IN THE SUBMITTED CASES.

SECTION 407 (A), 37 U.S. CODE, PROVIDES THAT UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, A MEMBER OF THE UNIFORMED SERVICE WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION IS ENTITLED TO A DISLOCATION ALLOWANCE. PARAGRAPH 9003-7 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE FOR ANY PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED WITHIN THE CORPORATE LIMITS OF THE SAME CITY. THUS, SINCE BOHLEN'S OLD PERMANENT STATION WAS SAN DIEGO, CALIFORNIA, AND THIS ALSO WAS THE HOME PORT OF THE VANCOUVER UPON COMMISSIONING, THE DISLOCATION ALLOWANCE LIKEWISE IS NOT AUTHORIZED IN HIS CASE.

THE VOUCHERS WILL BE RETAINED HERE, PAYMENT THEREON NOT BEING AUTHORIZED.