B-140045, JUL. 24, 1959

B-140045, JUL. 24, 1959

TO LIEUTENANT COLONEL A. R. RICKETTS, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 23, 1959, REQUESTING AN ADVANCE DECISION AS TO WHETHER MAJOR JAMES W. ISBELL, AO 163 3301, IS ENTITLED TO PAYMENT OF DISLOCATION ALLOWANCE ON A VOUCHER SUBMITTED TO YOU FOR PAYMENT. IT IS TO BE NOTED THAT WHILE YOUR REQUEST FOR ADVANCE DECISION APPEARS TO HAVE BEEN PROPERLY ADDRESSED IN ACCORDANCE WITH PARAGRAPH 70204 -B (1), AFM 173-10, IT WAS NOT TRANSMITTED THROUGH COMMAND CHANNELS TO THE DIRECTOR OF FINANCE, UNITED STATES AIR FORCE, DENVER, COLORADO, AS PRESCRIBED IN PARAGRAPH 70204-B (7).

THE RECORD INDICATES THAT AS A RESULT OF THE DEACTIVATION OF HIS PERMANENT DUTY STATION AT MANHATTAN BEACH AIR FORCE STATION, BROOKLYN, NEW YORK, MAJOR ISBELL WAS REASSIGNED, EFFECTIVE MAY 29, 1958, TO THE FLOYD BENNETT NAVAL AIR STATION, BROOKLYN, NEW YORK, WITH HIS DETACHMENT AS ITS COMMANDER. THE ORDERS INDICATED THAT A PERMANENT CHANGE OF STATION WAS INVOLVED AND STATED THAT DISLOCATION ALLOWANCE WAS AUTHORIZED. IT WAS STATED THAT MAJOR ISBELL'S DEPENDENTS WERE REQUIRED TO VACATE GOVERNMENT QUARTERS AT MANHATTAN BEACH AIR FORCE STATION, AND THEY OBTAINED CIVILIAN QUARTERS IN THE VICINITY OF FLOYD BENNETT NAVAL AIR STATION. THE QUESTION PRESENTED IS WHETHER ENTITLEMENT TO DISLOCATION ALLOWANCE EXISTS IN CONNECTION WITH A MEMBER'S TRANSFER FROM ONE MILITARY INSTALLATION TO ANOTHER WITHIN THE CORPORATE LIMITS OF THE SAME CITY, WHEN SUCH REASSIGNMENT IS DUE TO DEACTIVATION OF A MILITARY BASE OR STATION, AND THE MEMBER IS REQUIRED TO VACATE GOVERNMENT QUARTERS AT THE OLD INSTALLATION AND PROCURE CIVILIAN QUARTERS IN THE VICINITY OF THE NEW INSTALLATION.

UNDER AUTHORITY OF SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY SECTION 2 (12) OF THE ACT OF MARCH 31, 1955, 69 STAT. 18, 21, 37 U.S.C. 253 (C), PARAGRAPH 9002, JOINT TRAVEL REGULATIONS, WAS PROMULGATED. THAT PARAGRAPH, IN EFFECT AT THE TIME THE ORDERS WERE ISSUED, PROVIDES FOR PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. PARAGRAPH 9003-7 OF THOSE REGULATIONS PROVIDES THAT THE ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED FOR ANY PERMANENT CHANGE OF STATION BETWEEN STATIONS LOCATED WITHIN THE CORPORATE LIMITS OF THE SAME CITY.

THE PRIMARY PURPOSE OF THE DISLOCATION ALLOWANCE IS TO COMPENSATE SERVICE PERSONNEL WITH DEPENDENTS FOR EXPENSES INHERENT IN RELOCATING THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. A RIGHT TO A DISLOCATION ALLOWANCE CANNOT ARISE UNDER THE STATUTE UNTIL A ,PERMANENT CHANGE OF STATION" HAS BEEN ORDERED. A PERMANENT STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE JOINT TRAVEL REGULATIONS AS THE POST OF DUTY OR OFFICIAL STATION (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 DISLOCATION ALLOWANCE WOULD ACCRUE IN ANY EVENT TO A MEMBER IN CONNECTION WITH SUCH TRAVEL. 36 COMP. GEN. 13; ID. 824; B-127797, AUGUST 22, 1956.

SINCE NO PERMANENT CHANGE OF STATION WITHIN THE MEANING OF THE JOINT TRAVEL REGULATIONS WAS INVOLVED IN MAJOR ISBELL'S CHANGE OF DUTY ASSIGNMENT, THE FACT THAT THE DEACTIVATION OF THE BASE AT MANHATTAN BEACH AIR FORCE STATION REQUIRED THE VACATING OF GOVERNMENT QUARTERS AT THAT BASE AND THE RELOCATION OF HIS HOUSEHOLD, DID NOT GIVE RISE TO ANY RIGHT TO A DISLOCATION ALLOWANCE UNDER HIS APPLICABLE STATUTE. ACCORDINGLY, YOU ARE NOT AUTHORIZED TO PAY THE OFFICER'S CLAIM AND THE VOUCHER WILL BE RETAINED HERE.