B-129333, OCT 11, 1956

B-129333, OCT 11, 1956

PRECIS-UNAVAILABLE

CAPTAIN J. C. CAHILL, USAF, FINANCE OFFICER:

YOUR LETTER OF SEPTEMBER 19, 1956, WHICH WAS NOT TRANSMITTED HERE THROUGH THE DIRECTOR OF FINANCE, UNITED STATES AIR FORCE, AS PRESCRIBED BY PARAGRAPH 5C, AIR FORCE REGULATION 173-18, IN CASES SUCH AS THIS, SUBMITTED FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT OF A DISLOCATION ALLOWANCE TO STAFF SERGEANT LAWRENCE G. HASTY, AF 1736 0163, IN THE CIRCUMSTANCES SHOWN.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 74, DATED APRIL 27, 1956, THE AIRMAN AND HIS WIFE WERE AUTHORIZED TO TRAVEL ABOUT MAY 1, 1956, BY MILITARY AIR FROM GERMANY TO BROOKLYN, NEW YORK, FOR REASSIGNMENT OR DISPOSITION. WAS GRANTED 30 DAYS' MORALE LEAVE AND HIS HOME OF RECORD WAS STATED TO BE 693 DORA AVENUE, UKIAH, CALIFORNIA.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 100, DATED MAY 3, 1956, MCGUIRE AIR FORCE BASE, NEW JERSEY, SERGEANT HASTY WAS RELIEVED FROM ASSIGNMENT THERE AND ASSIGNED TO MILL VALLEY AIR FORCE BASE, CALIFORNIA, TO REPORT NOT LATER THAN JUNE 15, 1956. HE WAS AUTHORIZED TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE WITH 13 DAYS' TRAVEL TIME, AND TO TAKE 30 DAYS' MORALE LEAVE EN ROUTE AT UKIAH, CALIFORNIA.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 86, DATED JUNE 18, 1956, MILL VALLEY, CALIFORNIA, THE AIRMAN WAS RELIEVED FROM ASSIGNMENT AND FROM ACTIVE DUTY EFFECTIVE JUNE 22, 1956. HE WAS TRANSFERRED TO AIR FORCE RESERVE IN GRADE OF STAFF SERGEANT WITH DATE OF RANK APRIL 1, 1956, AND ASSIGNED TO AIR RESERVE RECRUITING CENTER, DENVER, COLORADO, EFFECTIVE JUNE 23, 1956, FOR COMPLETION OF HIS RESERVE OBLIGATION UNDER THE UNIVERSAL MILITARY TRAINING AND SERVICE ACT. IT IS INDICATED THAT HE ORIGINALLY ENLISTED ON JUNE 23, 1952. HE WAS ORDERED TO PROCEED TO HIS HOME OF RECORD OR PLACE OF ENLISTMENT AS HE MIGHT ELECT. HIS HOME OF RECORD IS GIVEN IN THE ORDERS OF JUNE 18, 1956, AS 110 QUINWOOD, VALLEY PARK, MISSOURI, WITH MAILING ADDRESS AS 3955 17TH STREET, SAN FRANCISCO, CALIFORNIA.

EACH OF THESE ORDERS STATES THAT A PERMANENT CHANGE OF STATION (PCS) IS INVOLVED. SERGEANT HASTY'S ASSIGNMENT TO MILL VALLEY AIR FORCE BASE SEVEN DAYS BEFORE THE EXPIRATION OF HIS TERM OF ENLISTMENT IN EVIDENT CONTEMPLATION OF EARLY RELEASE PRESUMABLY WAS INFLUENCED BY THE FACT THAT HIS HOME OF RECORD FIRST WAS SHOWN AS UKIAH, CALIFORNIA, AND NOT VALLEY PARK, MISSOURI, AS SUBSEQUENTLY INDICATED.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY SECTION 2(12) OF THE ACT OF MARCH 11, 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, BUT PROVIDES FURTHER THAT "A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HOME TO FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME." 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. PARAGRAPH 9003- 4 OF THE SAME REGULATIONS PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED "FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE, RELEASE FROM ACTIVE DUTY, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, OR RETIREMENT."

WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE AND, WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT - PARTICULARLY AS TO ITS DURATION, THE NATURE OF THE DUTY ENJOINED, ETC. 24 COMP. GEN. 667, 670, 33 ID. 98. THIS AIRMAN WAS TRANSFERRED FROM DUTY OVERSEAS OBVIOUSLY FOR THE PURPOSE OF RELEASE FROM ACTIVE DUTY TO RESERVE INACTIVE DUTY, WITH SHORT PERIODS OF DUTY AT BROOKLYN, MCGUIRE AIR FORCE BASE, AND MILL VALLEY, WITH PERMISSION TO TRAVEL BY HIS OWN CONVEYANCE AND TO SPEND 30 DAYS' LEAVE AT HIS THEN HOME OF RECORD AT UKIAH, CALIFORNIA. THUS, THOSE INTERMEDIATE STATIONS AT BROOKLYN, MCGUIRE AIR FORCE BASE, AND MILL VALLEY MUST BE REGARDED AS TEMPORARY DUTY STATIONS. IN THE CIRCUMSTANCES, WE MUST CONCLUDE THAT THE PERMANENT CHANGE OF STATION FOR THIS AIRMAN UNDER THE INVOLVED ORDERS WAS FROM OVERSEAS TO HIS HOME.

AS THE CITED STATUTE AND REGULATIONS BAR PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER WHEN HE IS ORDERED FROM HIS LAST DUTY STATION TO HIS HOME, NO RIGHT TO SUCH ALLOWANCE ACCRUED TO HIM. THE SUBMITTED VOUCHER AND SUPPORTING PAPERS ARE RETAINED HERE.