B-140962, NOV. 27, 1959

B-140962, NOV. 27, 1959

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER OF SEPTEMBER 24, 1959, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, REQUESTING DECISION AS TO WHETHER DRAYAGE OR HAULING OF HOUSEHOLD EFFECTS MAY BE AUTHORIZED AT GOVERNMENT EXPENSE BETWEEN PRIVATELY OWNED QUARTERS WHEN MILITARY STUDENTS WHO HAVE ATTENDED A COURSE OF INSTRUCTION AT AN INSTALLATION OF THE UNIFORMED SERVICES IN A PERMANENT DUTY STATUS ARE, UPON TERMINATION OF THEIR STUDENT STATUS, ASSIGNED AS PERMANENT PARTY PERSONNEL AT THE SAME INSTALLATION. THE REQUEST HAS BEEN ASSIGNED CONTROL NO. 59-24 BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

IT IS STATED THAT MEMBERS ARE ORDERED TO A COURSE OF INSTRUCTION AT INSTALLATIONS OF THE UNIFORMED SERVICES FOR PERIODS OF 20 WEEKS OR MORE IN A PERMANENT CHANGE OF STATION STATUS UNDER THE PROVISIONS OF PARAGRAPH 1150-10.B OF THE JOINT TRAVEL REGULATIONS. WITH ONLY AN OCCASIONAL EXCEPTION THEY ARE GIVEN PERMANENT CHANGE OF STATION ORDERS TO OTHER STATIONS UPON TERMINATION OF THE COURSE OF INSTRUCTION. THE EXCEPTION IS THE OCCASIONAL ASSIGNMENT OF A STUDENT, UPON TERMINATION OF SUCH STATUS, TO PERMANENT DUTY AT THE INSTALLATION WHERE THE SCHOOL IS CONDUCTED. SUCH ASSIGNMENTS CANNOT BE ANTICIPATED PRIOR TO ATTENDANCE OF MEMBERS AT THE SCHOOLS. THE REQUEST FOR DECISION DISCLOSES THAT STUDENTS FREQUENTLY FIND SUBSTANDARD PRIVATELY OWNED QUARTERS ADEQUATE WHILE ATTENDING SCHOOL, AND MANY TIMES NO OTHER TYPE QUARTERS CAN BE SECURED BY THEM AT THAT TIME. HOWEVER, WHEN THEY ARE SUBSEQUENTLY ASSIGNED AS PERMANENT PARTY PERSONNEL AT THE SAME STATION, THEY SEEK MORE ADEQUATE QUARTERS AND WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE THEY MOVE TO OTHER PRIVATELY OWNED QUARTERS. IN THOSE CASES IT IS PROPOSED THAT DRAYAGE OR HAULING OF HOUSEHOLD GOODS FROM ONE PRIVATELY OWNED RESIDENCE TO ANOTHER BE AUTHORIZED AT GOVERNMENT EXPENSE "INCIDENT TO PERMANENT CHANGE OF STATION FROM THE OLD DUTY STATION TO THE STATION WHERE THE SCHOOL IS CONDUCTED AND AT WHICH PERMANENT PARTY ASSIGNMENT IS MADE.' TO ACCOMPLISH THIS END IT IS PROPOSED TO AMEND PARAGRAPH 8051-4 OF THE JOINT TRAVEL REGULATIONS BY ADDING A PROVISION AS FOLLOWS:

"THIS INCLUDES PERMANENT ASSIGNMENT OF MEMBERS AT THE PLACE A COURSE OF INSTRUCTION IS CONDUCTED, UPON COMPLETION OF THE COURSE OR TERMINATION OF ATTENDANCE WHEN TRANSFER OR ASSIGNMENT IN THE STUDENT STATUS WAS UNDER PERMANENT CHANGE OF STATION ORDERS IN ACCORDANCE WITH PARA. 1150-10.B.'

AT THE PRESENT TIME, PARAGRAPH 8051-4 OF THE JOINT TRAVEL REGULATION PROVIDES FOR NECESSARY DRAYAGE OR HAULING OF HOUSEHOLD GOODS FROM ONE AREA TO ANOTHER WITHIN THE SAME CITY, TOWN, OR METROPOLITAN AREA, WHEN IN CONNECTION WITH A PERMANENT CHANGE OF STATION OR UPON DEATH OF THE OWNER, OR AS AUTHORIZED IN PARAGRAPH 8304. THE LATTER PARAGRAPH PROVIDES FOR DRAYAGE AND STORAGE INCIDENT TO ASSIGNMENT, REASSIGNMENT, OR TERMINATION OF GOVERNMENT QUARTERS. THE PROPOSED PROVISION WOULD CREATE AN ENTITLEMENT NOT NECESSITATED BY A CHANGE OF STATION OR OTHER FACTORS BEYOND THE MEMBER'S CONTROL BUT ARISING SOLELY FROM HIS DESIRE TO MOVE TO MORE DESIRABLE PRIVATELY OWNED QUARTERS. WHILE IT MAY BE THAT THE INSTANCES PRESENTLY IN CONTEMPLATION WOULD BE RELATIVELY ISOLATED, THERE APPEARS NO COGENT REASON WHY THE SAME ENTITLEMENT, IF AUTHORIZED, COULD NOT BE EXTENDED TO COVER ANY INSTANCE WHERE A MEMBER RESIDING IN PRIVATELY OWNED QUARTERS AT A PERMANENT STATION SHOULD FIND IT DESIRABLE FOR PERSONAL REASONS TO MOVE TO OTHER PRIVATELY OWNED QUARTERS AT THE SAME STATION.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES FOR TRANSPORTATION, INCLUDING HAULING, OF HOUSEHOLD EFFECTS "IN CONNECTION WITH A CHANGE OF STATION.' WHEN A MEMBER IS ASSIGNED TO A COURSE OF INSTRUCTION AT AN INSTALLATION OF THE UNIFORMED SERVICES IN A PERMANENT DUTY STATUS AND MOVES HIS HOUSEHOLD GOODS TO PRIVATELY OWNED QUARTERS AT THAT STATION, NO FURTHER SHIPPING RIGHTS REMAIN UNDER THOSE ORDERS. FURTHER, SINCE PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS DEFINES A PERMANENT STATION 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 OR TEMPORARY ADDITIONAL DUTY, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED, IT IS APPARENT THAT NO CHANGE OF PERMANENT STATION IS INVOLVED WHEN A STUDENT IS ASSIGNED AS A MEMBER OF THE PERMANENT PARTY AT THE STATION WHERE HE WAS A STUDENT. SEE 36 COMP. GEN. 113, 114, AND ID. 366, 368.