B-139724, SEPTEMBER 14, 1959, 39 COMP. GEN. 188

B-139724, SEPTEMBER 14, 1959, 39 COMP. GEN. 188

MILITARY PERSONNEL - TRANSPORTATION - DISLOCATION ALLOWANCE - TEMPORARY TRANSFERS FOR HUMANITARIAN AND HARDSHIP REASONS - SUBSEQUENT CHANGE OF STATION THE TRANSPORTATION AND DISLOCATION ALLOWANCE RIGHTS OF NAVY ENLISTED MEMBERS WHO, AFTER ISSUANCE OF TEMPORARY DUTY ORDERS TRANSFERRING THE MEMBERS FOR HUMANITARIAN OR HARDSHIP REASONS TO A NEW STATION, ARE SUBSEQUENTLY ASSIGNED TO PERMANENT DUTY AT THE SAME LOCATION AS THE TEMPORARY DUTY POINT OR AT ANOTHER STATION ARE FOR DETERMINATION ON THE BASIS OF THE PERMANENT DUTY ORDERS SO THAT THE MEMBER'S ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS FROM PLACE WHERE THE DEPENDENTS AND HOUSEHOLD EFFECTS ARE LOCATED, UPON RECEIPT OF THE ORDERS NOT TO EXCEED THE COST FROM THE OLD TO THE NEW STATION, OR, IF THE OLD PERMANENT STATION IS OUTSIDE THE UNITED STATES, FROM THE APPROPRIATE PORT OF DEBARKATION IN THE UNITED STATES TO THE NEW STATION.

TO THE SECRETARY OF THE NAVY, SEPTEMBER 14, 1959:

REFERENCE IS MADE TO LETTER OF MAY 21, 1959, FROM THE ASSISTANT SECRETARY OF THE NAVY, PDT AND TAC CONTROL NO. 59-22, REQUESTING AN ADVANCE DECISION ON CERTAIN QUESTIONS RELATING TO THE ENTITLEMENT OF ENLISTED MEMBERS OF THE NAVY TO TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS AND HOUSEHOLD EFFECTS, AND A DISLOCATION ALLOWANCE, IN THE CIRCUMSTANCES DESCRIBED IN THE LETTER AS FOLLOWS:

IN VIEW OF THE RECENT REVISION AUTHORIZED BY THE CHIEF OF NAVAL PERSONNEL IN THE ATTACHED INSTRUCTIONS, PERTAINING TO THE TRANSFER AND SPECIAL ASSIGNMENT OF NAVY ENLISTED PERSONNEL HAVING HUMANITARIAN OR HARDSHIP REASONS, AND BECAUSE OF YOUR RULING IN B-117577 OF JUNE 16, 1955, DOUBT EXISTS AS TO ENTITLEMENT TO DEPENDENT TRAVEL ALLOWANCES, DISLOCATION ALLOWANCE, AND SHIPMENT OF HOUSEHOLD EFFECTS WHEN UPON COMPLETION OF THE TEMPORARY DUTY HERE INVOLVED THE MEMBER IS THEN ASSIGNED TO PERMANENT DUTY AT THE SAME LOCATION AS THE TEMPORARY DUTY POINT OR TO DUTY AT ANOTHER LOCATION. FOR THESE REASONS ADVANCE DECISION IS REQUESTED ON THE QUESTIONS POSED ON THE FOLLOWING FIVE CASES, WHICH ARE CONSIDERED FAIRLY TYPICAL OF THOSE INVOLVED IN TRANSFERS OR ASSIGNMENTS OF THIS NATURE:

FACTS: FIVE ENLISTED MEMBERS WITH DEPENDENTS, ON PERMANENT DUTY AT POINT "A" ARE TRANSFERRED UNDER THE AUTHORITY CONTAINED IN BUPERS INSTRUCTION 1306.24B OF JANUARY 14, 1959 TO POINT "B" FOR TEMPORARY DUTY FOR HUMANITARIAN REASONS OF APPROXIMATELY FOUR MONTHS DURATION AND UPON COMPLETION THEREOF TO BE FURTHER ASSIGNED TO PERMANENT DUTY BY COMPETENT AUTHORITY.

CASE (1): MEMBER NO. 1 PROCEEDS FROM A TO B WITHOUT DEPENDENTS AND IS SUBSEQUENTLY ASSIGNED TO PERMANENT DUTY AT B.

QUESTION: IF DEPENDENTS COMPLETE TRAVEL FROM A TO B AND ESTABLISH RESIDENCE THEREAT AFTER MEMBER IS PERMANENTLY ASSIGNED TO PERMANENT DUTY AT B, IS MEMBER ENTITLED TO DEPENDENT TRAVEL ALLOWANCES FROM A TO B AND DISLOCATION ALLOWANCE? IS THE MEMBER ENTITLED TO SHIPMENT OF THE TEMPORARY WEIGHT ALLOWANCE OF HOUSEHOLD GOODS FROM A TO B AND THE PERMANENT WEIGHT ALLOWANCE WHEN SUBSEQUENTLY ASSIGNED TO PERMANENT DUTY AT B?

CASE (2): SAME FACTS AS CASE (1/--- EXCEPT DEPENDENTS TRAVEL CONCURRENTLY WITH MEMBER FROM A TO B.

QUESTION: IS NO. 2 MEMBER ENTITLED TO DEPENDENT TRAVEL ALLOWANCES FROM A TO B AND DISLOCATION ALLOWANCE WHEN MEMBER IS PERMANENTLY ASSIGNED TO DUTY AT B? IS THE MEMBER ENTITLED TO SHIPMENT OF THE TEMPORARY WEIGHT ALLOWANCE OF HOUSEHOLD GOODS FROM A TO B AND THE PERMANENT WEIGHT ALLOWANCE WHEN SUBSEQUENTLY ASSIGNED TO PERMANENT DUTY AT B?

CASE (3): SAME FACTS AS CASE (2/--- EXCEPT MEMBER IS ULTIMATELY ASSIGNED TO DUTY AT POINT C, A PLACE AT A DISTANT POINT AWAY FROM B. DEPENDENTS SUBSEQUENTLY TRAVEL FROM B AND ESTABLISH HOME AT C AFTER THE ASSIGNMENT.

QUESTION: IS NO. 3 MEMBER ENTITLED TO DEPENDENT TRAVEL ALLOWANCES FROM A TO C? IF NOT ENTITLED TO DEPENDENT TRAVEL ALLOWANCE FROM A TO C, IS MEMBER ENTITLED TO DEPENDENT TRAVEL ALLOWANCES NOT TO EXCEED FROM B TO C? DOES ENTITLEMENT TO DISLOCATION ALLOWANCE EXIST IN EITHER INSTANCE? IS THE MEMBER ENTITLED TO THE SHIPMENT OF TEMPORARY WEIGHT ALLOWANCE TO B AND THE PERMANENT WEIGHT ALLOWANCE WHEN SUBSEQUENTLY ASSIGNED TO POINT C?

CASE (4): SAME FACTS AS CASE (3/--- EXCEPT DEPENDENTS REMAIN AT B, RATHER THAN PROCEEDING ONWARD TO C CONCURRENTLY WITH MEMBER.

QUESTION: IS MEMBER NO. 4 ENTITLED TO DEPENDENT TRAVEL ALLOWANCES NOT TO EXCEED FROM A TO C? IF NOT ENTITLED TO DEPENDENT TRAVEL NOT TO EXCEED FROM A TO C, IS MEMBER ENTITLED TO DEPENDENT TRAVEL ALLOWANCE NOT TO EXCEED FROM B TO C? DOES ENTITLEMENT TO DISLOCATION ALLOWANCE EXIST IN EITHER INSURANCE?

CASE (5): SAME FACTS AS CASE (3/--- EXCEPT DEPENDENTS DO NOT TRAVEL CONCURRENTLY WITH MEMBER BUT SUBSEQUENTLY TRAVEL FROM A TO C AFTER MEMBER IS PERMANENTLY ASSIGNED TO DUTY AT THE LATTER POINT.

QUESTION: IS MEMBER NO. 5 ENTITLED TO DEPENDENT TRAVEL ALLOWANCES FROM A TO C AND DISLOCATION ALLOWANCE? IF NOT ENTITLED TO DEPENDENT TRAVEL FROM A TO C, IS HE ENTITLED TO DEPENDENT TRAVEL NOT TO EXCEED FROM B TO C?

QUESTION: SINCE IT HAS BEEN CONSISTENTLY HELD BY OUR OFFICE THAT WHEN A MEMBER IS TRANSFERRED FROM OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES TO A POINT IN THE UNITED STATES FOR ANY REASON THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED AT LEAST TO THE PORT OF DEBARKATION WITHIN THE UNITED STATES AND THAT ENTITLEMENT TO DISLOCATION ALLOWANCE MAY ALSO EXIST INCIDENT TO A TRANSFER FROM OUTSIDE CONUS TO A HOSPITAL WITHIN THE UNITED STATES FOR TREATMENT AND FURTHER ASSIGNMENT--- WOULD THE ANSWERS TO CASES (1) THROUGH (5) BE THE SAME IF POINT A WAS OUTSIDE THE UNITED STATES AND POINTS B AND C WERE WITHIN THE UNITED STATES? IF NOT, WHAT ENTITLEMENT TO DEPENDENT TRAVEL AND DISLOCATION ALLOWANCES WOULD EXIST IN EACH CASE?

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES IN PART THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES "WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION" SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS, OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. IT IS FURTHER PROVIDED THAT IN CONNECTION WITH A CHANGE OF STATION (WHETHER TEMPORARY OR PERMANENT) MEMBERS SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. IT ALSO 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 HIS PERMANENT CHANGE OF STATION.

JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY PROVIDE IN PARAGRAPH 7000 THAT, WITH CERTAIN STATED EXCEPTIONS, MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION, OR BETWEEN POINTS OTHERWISE AUTHORIZED. PARAGRAPH 9002 OF THE SAME REGULATIONS PROVIDES THAT THE DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER HIS DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH 8253 OF THE REGULATIONS PROVIDES THAT FOR PERSONNEL ON ACTIVE DUTY, SHIPMENT OF HOUSEHOLD GOODS IS AUTHORIZED FROM THE LAST DUTY STATION TO THE NEW DUTY STATION. PARAGRAPH 8002 PRESCRIBES THE PERMANENT AND TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCES OF EFFECTS AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE FOR MEMBERS ACCORDING TO THEIR RANK OR GRADE.

BUPERS INSTRUCTION 1306.24B, DATED JANUARY 14, 1959, SETS FORTH THE PROCEDURE FOR TRANSFER AND SPECIAL ASSIGNMENT OF ENLISTED PERSONNEL FOR HUMANITARIAN OR HARDSHIP REASONS. PARAGRAPH 10D OF THE INSTRUCTION STATES THAT PERSONNEL ORDERED TO SPECIAL ASSIGNMENT UNDER THE PROVISIONS SET FORTH HEREIN WILL BE ORDERED IN A TEMPORARY DUTY STATUS, AND THAT INASMUCH AS ASSIGNMENTS AUTHORIZED HEREIN ARE MADE AT THE INDIVIDUAL'S OWN REQUEST AND FOR HIS OWN CONVENIENCE, PERSONNEL ORIGINATING SUCH REQUESTS WILL BE ADVISED THAT: (1) ALL TRAVEL SHALL BE PERFORMED AT NO COST TO THE GOVERNMENT, (2) TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD EFFECTS IS NOT AUTHORIZED NOR WILL TRAVEL AND TRANSPORTATION COSTS BE REIMBURSED, AND (3) ENTITLEMENT TO DISLOCATION ALLOWANCE IS NOT AUTHORIZED. PARAGRAPH 10G OF THE INSTRUCTION IS AS FOLLOWS:

PRIOR TO ACCEPTANCE OF ORDERS, A PAGE 13 SERVICE/RECORD ENTRY WILL BE PREPARED AND SIGNED BY THE INDIVIDUAL CONCERNED INDICATING THE CONTENTS OF THIS INSTRUCTION HAVE BEEN EXPLAINED CONCERNING NONENTITLEMENT TO EXPENSES INCURRED IN THE EXECUTION OF THE ORDERS. IN ADDITION, THE FOLLOWING STATEMENT WILL BE MADE ON THE FACE OF THE STANDARD TRANSFER ORDERS: "THE ABOVE IS AUTHORIZED WITH THE UNDERSTANDING THAT YOU WILL BE ENTITLED TO NO REIMBURSEMENT FOR EXPENSE IN CONNECTION THEREWITH. IN CASE YOU DO NOT DESIRE TO BEAR THIS EXPENSE YOU WILL REGARD THIS AUTHORIZATION AS REVOKED.'

THE ABOVE INSTRUCTION APPEARS TO BE IN ACCORD WITH THE RULING IN OUR DECISION OF JUNE 16, 1955, B-117577, TO THE SECRETARY OF THE AIR FORCE.

IT IS CLEAR THAT UNDER THE STATUTE AND REGULATIONS NO RIGHT ACCRUES TO A MEMBER FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE, NOR TO A DISLOCATION ALLOWANCE, INCIDENT TO TEMPORARY DUTY ORDERS TRANSFERRING THE MEMBER FOR SPECIAL ASSIGNMENT UNDER THE CONDITIONS SPECIFIED IN THE ABOVE INSTRUCTIONS. THUS, WHEN SUCH MEMBER IS SUBSEQUENTLY ASSIGNED A NEW PERMANENT DUTY STATION, HIS RIGHT TO TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS, AND A DISLOCATION ALLOWANCE MUST BE DETERMINED ON THE BASIS OF THE ORDERS DIRECTING ASSIGNMENT TO THE PERMANENT DUTY STATION. IN SUCH CASE, THE MEMBER'S RIGHT TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS FROM THE PLACE WHERE HIS DEPENDENTS AND EFFECTS ARE LOCATED UPON RECEIPT OF THE PERMANENT DUTY ORDERS TO THE NEW DUTY STATION, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION. ON THAT BASIS, THE ANSWERS TO THE QUESTIONS PRESENTED ARE AS FOLLOWS:

IN CASE (1) THE MEMBER IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AND PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM A TO B, AND TO A DISLOCATION ALLOWANCE IF OTHERWISE AUTHORIZED. NO RIGHT WOULD ACCRUE TO HIM FOR SHIPMENT OF THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS.

IN CASE (2) NO RIGHT WOULD ACCRUE TO THE MEMBER FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS NOR TO A DISLOCATION ALLOWANCE. THIS ANSWER IS BASED ON THE ASSUMPTION THAT THE HOUSEHOLD EFFECTS WERE MOVED BEFORE THE PERMANENT ASSIGNMENT WAS MADE.

IN CASE (3) THE MEMBER IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM B TO C, NOT TO EXCEED THE COST FROM A TO C. HE WOULD BE ENTITLED, IF OTHERWISE PROPER, TO A DISLOCATION ALLOWANCE, BUT NOT TO SHIPMENT OF THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS FROM A TO B.

IN CASE (4) THE ANSWERS ARE THE SAME AS THE ANSWERS TO THE QUESTIONS IN CASE (2) EXCEPT THAT NO ANSWER IS REQUIRED WITH RESPECT TO TRANSPORTATION OF HOUSEHOLD EFFECTS.

IN CASE (5) THE MEMBER IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM A TO C, AND TO A DISLOCATION ALLOWANCE IF OTHERWISE AUTHORIZED.

THE ADDITIONAL QUESTION IS PRESENTED AS TO A MEMBER'S RIGHTS IF POINT A SHOULD BE OUTSIDE THE UNITED STATES AND POINTS B AND C IN THE UNITED STATES. IN VIEW OF THE MANNER IN WHICH THIS QUESTION IS STATED, IT IS UNDERSTOOD TO RELATE ONLY TO TRAVEL IN THE UNITED STATES AND THE MEMBER'S ENTITLEMENT IN EACH OF THE FIVE CASES HERE INVOLVED WOULD BE AS FOLLOWS:

IN CASE (1) THE MEMBER IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM THE APPROPRIATE PORT OF DEBARKATION IN THE UNITED STATES TO B, AND TO A DISLOCATION ALLOWANCE IF OTHERWISE ENTITLED. RIGHT WOULD ACCRUE TO HIM FOR SHIPMENT OF THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS. IN CASE (2) NO RIGHT WOULD ACCRUE TO THE MEMBER FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS NOR TO A DISLOCATION ALLOWANCE. AS INDICATED ABOVE WITH RESPECT TO CASE (2), THIS ANSWER IS ON THE ASSUMPTION THAT THE HOUSEHOLD EFFECTS WERE MOVED BEFORE THE PERMANENT ASSIGNMENT WAS MADE. IN CASE (3) THE MEMBER WOULD BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM B TO C, NOT TO EXCEED THE COST FROM THE APPROPRIATE PORT OF DEBARKATION IN THE UNITED STATES TO C. IN ADDITION, HE WOULD BE ENTITLED, IF OTHERWISE AUTHORIZED, TO A DISLOCATION ALLOWANCE, BUT NOT TO THE SHIPMENT OF THE TEMPORARY WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS FROM A TO B. IN CASE (4) NO RIGHT WOULD ACCRUE TO THE MEMBER FOR TRANSPORTATION OF DEPENDENTS NOR TO A DISLOCATION ALLOWANCE. IN CASE (5) THE MEMBER WOULD BE ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM THE APPROPRIATE PORT OF DEBARKATION IN THE UNITED STATES TO C, AND TO A DISLOCATION ALLOWANCE IF OTHERWISE AUTHORIZED.