B-127797, AUG. 22, 1956

B-127797, AUG. 22, 1956

TO CAPTAIN J. H. SAMS, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY FOURTH INDORSEMENT OF APRIL 23, 1956, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF FEBRUARY 28, 1956, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF CAPTAIN DONALD E. DONNELLY TO A DISLOCATION ALLOWANCE IN THE CIRCUMSTANCES STATED.

BY ORDERS DATED APRIL 28, 1955, CAPTAIN DONNELLY WAS RELEASED FROM ASSIGNMENT AT THE QUARTERMASTER SUBSISTENCE SCHOOL, CHICAGO, ILLINOIS,WHERE HE WAS ATTENDING A COURSE OF INSTRUCTION IN EXCESS OF 20 WEEKS, AND ASSIGNED TO DUTY AT THE QUARTERMASTER FOOD AND CONTAINER INSTITUTE FOR THE ARMED FORCES, CHICAGO, ILLINOIS. THE OFFICER SAYS THAT FOLLOWING SUCH ORDERS HIS HOUSEHOLD GOODS WERE SHIPPED FROM BAY CITY, MICHIGAN, TO PARK FOREST, ILLINOIS, IN JULY 1955, AND THAT HIS DEPENDENT MOVED FROM CHICAGO, ILLINOIS, TO PARK FOREST. THE COMMANDING OFFICER, QUARTERMASTER FOOD AND CONTAINER INSTITUTE FOR THE ARMED FORCES, HAS FURNISHED A STATEMENT TO THE EFFECT THAT CAPTAIN DONNELLY'S CHANGE IN RESIDENCE FROM BAY CITY TO PARK FOREST WAS NECESSARY AS A DIRECT RESULT OF THE CHANGE IN HIS DUTY ASSIGNMENT BY THE ORDERS OF APRIL 28, 1955.

SECTION 303 (E) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY SECTION 2 (12) OF THE ACT OF MARCH 31, 1955, 69 STAT. 18, 21, AUTHORIZES THE PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER OF A UNIFORMED SERVICE WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED. PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, PROVIDES FOR THE PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS HAVE COMPLETED TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION IF TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO BE FURNISHED OR TRAVEL ALLOWANCES ARE AUTHORIZED TO BE PAID, AND PARAGRAPH 9003-6 OF SUCH REGULATIONS BARS PAYMENT OF THE ALLOWANCE FOR ANY PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED IN OR ADJACENT TO THE SAME METROPOLITAN AREA, UNLESS THE COMMANDING OFFICER AT THE NEW STATION MAKES A FINDING THAT THE CHANGE OF RESIDENCE WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION.

A RIGHT TO A DISLOCATION ALLOWANCE CANNOT ARISE UNDER THE STATUTE UNTIL A "PERMANENT CHANGE OF STATION" HAS BEEN ORDERED AND THE MEMBER'S DEPENDENTS ACTUALLY MOVE IN CONNECTION WITH SUCH CHANGE OF STATION. A PERMANENT STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE JOINT TRAVEL REGULATIONS AS THE POST OF DUTY (INCLUDING THE HOME YARD OR HOME PORT OF A VESSEL) TO WHICH A MEMBER IS ASSIGNED FOR DUTY OTHER THAN TEMPORARY DUTY, THE LIMITS OF WHICH, IF IN A CITY OR TOWN, WILL BE THE CORPORATE LIMITS OF SUCH CITY OR TOWN. IT FOLLOWS THAT NO PERMANENT CHANGE OF STATION IS INVOLVED WHEN A MEMBER IS TRANSFERRED FROM ONE MILITARY INSTALLATION TO ANOTHER WITHIN THE SAME CITY AND NO RIGHT TO A DISLOCATION ALLOWANCE WOULD ACCRUE IN ANY EVENT TO A MEMBER IN CONNECTION WITH SUCH TRANSFER. SEE OUR DECISION OF AUGUST 13, 1956, B-128075, TO THE SECRETARY OF THE AIR FORCE.

THE ORDERS OF APRIL 28, 1955, ON WHICH CAPTAIN DONNELLY BASES HIS CLAIM FOR A DISLOCATION ALLOWANCE, MERELY DIRECTED A CHANGE IN HIS DUTY ASSIGNMENT FROM ONE ACTIVITY TO ANOTHER AT THE SAME INSTALLATION IN CHICAGO, ILLINOIS. HENCE, NO PERMANENT CHANGE OF STATION WAS DIRECTED BY THOSE ORDERS SUCH AS WOULD ENTITLE HIM TO A DISLOCATION ALLOWANCE WITHIN THE MEANING OF THE ..END :