B-134227, DEC. 17, 1957

B-134227, DEC. 17, 1957

TO LIEUTENANT COLONEL J. B. REGAN, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY FIRST INDORSEMENT DATED OCTOBER 25, 1957, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF OCTOBER 11, 1957, REQUESTING A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT THE ACCOUNT OF LIEUTENANT COLONEL CHARLES R. FERNANDEZ (SERVICE NO. 0328274), WITH A DISLOCATION ALLOWANCE UNDER THE CIRCUMSTANCES DISCUSSED BELOW.

BY SPECIAL ORDERS NO. 108, HEADQUARTERS, SOUTHERN EUROPEAN TASK FORCE, APO 168, U.S. ARMY DATED MAY 17, 1957, AS AMENDED BY SPECIAL ORDERS NO. 112, DATED MAY 22, 1957, COLONEL FERNANDEZ (HOME ADDRESS, FRANKLIN, LOUISIANA), WAS "REL ASG USA GAR SETAF SPT COMD CP DARBY ITALY APO 19 AND RSG PERS CEN 1400 FT HAMILTON NY" FOR FURTHER MOVEMENT "TO WALTER REED ARMY MEDICAL CENTER WASHINGTON DC FOR OBSERVATION NEC TREATMENT APPEARANCE BEFORE A MEDICAL BD AND IF WARRANTED BEFORE A PEB.' THE ORDERS CONTAINED THE ABBREVIATION "PCS," INDICATING A PERMANENT CHANGE OF STATION, AND INCLUDED AUTHORIZATION FOR THE OFFICER AND HIS DEPENDENTS TO PROCEED FROM GENOA, ITALY, TO CONTINENTAL UNITED STATES VIA THE S.S. INDEPENDENCE. THE FACTS AS REPORTED INDICATE THAT THE OFFICER AND HIS DEPENDENTS (WIFE AND TWO MINOR CHILDREN) TRAVELED FROM ITALY TO NEW YORK CITY BY STEAMSHIP AT GOVERNMENT EXPENSE JUNE 23 TO JULY 1, AND THENCE TO WASHINGTON, D.C., BY PRIVATELY OWNED AUTOMOBILE AT PERSONAL EXPENSE ON JULY 2, 1957. IT IS SHOWN THAT THE OFFICER'S DEPENDENTS NOW RESIDE IN TAKOMA PARK, MARYLAND.

SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, AMENDING SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES FOR THE 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 JOINT TRAVEL REGULATIONS (CHAPTER 9), AUTHORIZE THE PAYMENT OF A DISLOCATION ALLOWANCE, IN OTHERWISE PROPER CASES, WHERE THE HOUSEHOLD OF A MEMBER WITH DEPENDENTS IS ACTUALLY RELOCATED IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BUT PAYMENT OF SUCH ALLOWANCE IS NOT AUTHORIZED IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED BY DEPENDENTS 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 OR RETIREMENT.

YOUR DOUBT AS TO WHETHER COLONEL FERNANDEZ IS ENTITLED TO A DISLOCATION ALLOWANCE APPEARS TO BE BASED ON OUR DECISION DATED OCTOBER 11, 1956, B- 129333, WHEREIN IT WAS HELD THAT A STAFF SERGEANT IN THE UNITED STATES AIR FORCE WHO WAS RETURNED TO THE UNITED STATES FROM GERMANY NEAR THE EXPIRATION OF HIS TERM OF ENLISTMENT, AND WAS ORDERED TO PERFORM SHORT PERIODS OF DUTY AT BROOKLYN, NEW YORK, MCGUIRE AIR FORCE BASE, NEW JERSEY, AND AT MILL VALLEY AIR FORCE BASE, CALIFORNIA--- PERMISSION WAS GRANTED TO TRAVEL BY PRIVATELY OWNED CONVEYANCE TO CALIFORNIA AND TO SPEND 30 DAYS' LEAVE AT HIS THEN HOME OF RECORD AT UKIAH, CALIFORNIA--- BEFORE HE WAS RELEASED FROM ACTIVE DUTY TO RESERVE INACTIVE DUTY, TRAVELED ON A PERMANENT CHANGE OF STATION FROM OVERSEAS TO HIS HOME WITHIN THE MEANING OF THE REGULATIONS RELATING TO PAYMENT OF A DISLOCATION ALLOWANCE. THE SAME CONCLUSION WAS REACHED IN OUR DECISION OF AUGUST 29, 1956, B-128151, WHICH INVOLVED THREE SOMEWHAT SIMILAR SETS OF FACTS INVOLVING TRAVEL FROM LAST DUTY STATION OVERSEAS TO THE HOMES OF THE PERSONS CONCERNED.

A TRANSFER FROM DUTY OVERSEAS TO A HOSPITAL IN THE UNITED STATES FOR TREATMENT IS REGARDED AS CONSTITUTING A PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES. B-130953, JULY 11, 1957. THE ORDERS OF MAY 17, 1957, AS AMENDED, DIRECTED COLONEL FERNANDEZ TO PROCEED TO WALTER REED ARMY MEDICAL CENTER FOR OBSERVATION AND TREATMENT. WHILE THE REFERENCE IN SUCH ORDERS TO ,PEB" (PHYSICAL EVALUATION BOARD) INDICATES A POSSIBILITY THAT HIS PHYSICAL CONDITION MIGHT BE FOUND TO BE SUCH AS TO WARRANT HIS RETIREMENT, IT APPEARS THAT HIS RETIREMENT AND TRAVEL TO HIS HOME WAS NOT ACTUALLY CONTEMPLATED AT THAT TIME. SUCH FINDING APPARENTLY HAD NOT BEEN MADE AS LATE AS OCTOBER 4, 1957, SINCE THE SUBMITTED MILITARY PAY ORDER BEARING THAT DATE SHOWS THAT HE WAS THEN ATTACHED AS A PATIENT TO THE 9901ST MEDICAL HOLDING DETACHMENT AT THAT HOSPITAL. IN SUCH CIRCUMSTANCES, IT MAY BE CONCLUDED THAT HE WAS TRANSFERRED TO THE UNITED STATES ON A PERMANENT CHANGE OF STATION, NOT INVOLVING TRAVEL FROM HIS LAST STATION TO HIS HOME.

ACCORDINGLY, THE ACCOUNT OF COLONEL FERNANDEZ MAY BE CREDITED WITH A DISLOCATION ALLOWANCE. THE MILITARY PAY ORDER AND ATTACHED PAPERS SUBMITTED WITH YOUR REQUEST ARE RETURNED HEREWITH.