B-146014, JUL. 20, 1961

B-146014, JUL. 20, 1961

TO MR. ROBERT J. MURPHY:

YOUR LETTER OF APRIL 18, 1961, WITH ENCLOSURES, ADDRESSED TO CLAIMS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, WAS FORWARDED HERE AND WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THE ACTION TAKEN BY THE CLAIMS DIVISION OF THIS OFFICE IN A LETTER DATED MARCH 3, 1961, WHICH DENIED YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO YOUR SERVICE AS SECOND LIEUTENANT, UNITED STATES ARMY RESERVE, AND REQUESTED THAT YOU LIQUIDATE YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $108.60.

BY LETTER ORDER 5-142, DATED MAY 20, 1955, YOU WERE ORDERED TO ACTIVE DUTY FROM YOUR HOME, BRONXVILLE, NEW YORK, AND DIRECTED TO REPORT NOT LATER THAN NOVEMBER 28, 1955, TO STUDENT DETACHMENT, TRANSPORTATION SCHOOL, FORT EUSTIS, VIRGINIA, FOR TEMPORARY DUTY PENDING FURTHER ORDERS FOR THE PURPOSE OF ATTENDING TRANSPORTATION OFFICERS BASIC COURSE. ORDERS DATED FEBRUARY 9, 1956, RELIEVED YOU OF SUCH TEMPORARY DUTY UPON COMPLETION OF THE COURSE AND TRANSFERRED YOU TO FORT DIX, NEW JERSEY, FOR FURTHER ASSIGNMENT TO DUTY OVERSEAS. YOU WERE REIMBURSED FOR YOUR WIFE'S TRAVEL FROM FORT EUSTIS, VIRGINIA, TO FORT HAMILTON, NEW YORK, AND PAID A DISLOCATION ALLOWANCE OF $85.50.

UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS WE TOOK EXCEPTION TO THE PAYMENT OF $23.10 REPRESENTING THE AMOUNT PAID FOR YOUR WIFE'S TRAVEL IN EXCESS OF THE DISTANCE FROM BRONXVILLE, NEW YORK, TO FORT HAMILTON, NEW YORK, AND TO THE DISLOCATION ALLOWANCE, RESULTING IN AN INDEBTEDNESS TO THE UNITED STATES OF $108.60. SUCH ACTION WAS TAKEN FOR THE REASON THAT SINCE FORT EUSTIS WAS A TEMPORARY STATION TRANSPORTATION OF YOUR DEPENDENT WAS NOT AUTHORIZED UNTIL YOU WERE ORDERED TO DUTY OVERSEAS AT WHICH TIME ENTITLEMENT FOR TRAVEL OF YOUR DEPENDENT WAS FROM YOUR HOME, AND THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE ON THE CHANGE FROM HOME TO FIRST PERMANENT STATION. YOUR CLAIM FOR DISLOCATION ALLOWANCE IS IN EFFECT A COUNTERCLAIM. YOU CLAIM YOU ARE ENTITLED TO THE ALLOWANCE INCIDENT TO A MOVE OF YOUR DEPENDENT FROM LUDWIGSBURG, GERMANY, TO BOEBLINGEN, GERMANY, INCIDENT TO A REASSIGNMENT OF GOVERNMENT QUARTERS. YOU HAVE NOT FURNISHED ORDERS DIRECTING SUCH MOVE AND APPARENTLY ARE UNABLE TO OBTAIN THE ORDERS FROM THE DEPARTMENT OF THE ARMY. HOWEVER, YOU ARE APPARENTLY UNDER THE IMPRESSION THAT IT WAS A MOVE ENTITLING YOU TO A DISLOCATION ALLOWANCE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES FOR TRANSPORTATION OF DEPENDENTS UPON CHANGE OF STATION UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. FURTHER SPECIFICALLY PROVIDES THAT, UNDER SUCH REGULATIONS AS MAY BE APPROVED BY THE SECRETARY CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE "IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION" SHALL BE ENTITLED TO A DISLOCATION ALLOWANCE, AND THAT "A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HOME TO FIRST DUTY STATION.' JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO THAT AUTHORITY OF LAW PROVIDE (PARAGRAPH 7000) THAT A MEMBER IS ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON A PERMANENT CHANGE OF STATION; THAT (PARAGRAPH 9002) THE DISLOCATION ALLOWANCE IS PAYABLE TO THE MEMBER WHEN DEPENDENTS RELOCATE THEIR HOUSEHOLD "IN CONNECTION WITH A PERMANENT CHANGE OF STATION," AND THAT (PARAGRAPH 9003) IT IS NOT PAYABLE UPON THE CHANGE FROM HOME TO FIRST PERMANENT STATION. WHILE YOUR DEPENDENTS MAY HAVE BEEN ORDERED TO MOVE FROM LUDWIGSBURG, GERMANY, TO DEPENDENT HOUSING IN BOEBLINGEN, GERMANY, SUCH MOVE WAS NOT IN CONNECTION WITH AN ORDERED CHANGE OF PERMANENT DUTY STATION FOR YOU AND THEREFORE DOES NOT ENTITLE YOU TO THE DISLOCATION ALLOWANCE.

ACCORDINGLY, THE ACTION TAKEN IN THE LETTER OF MARCH 3, 1961, WAS CORRECT AND IS SUSTAINED.

SINCE THE RECORD FURTHER SHOWS THAT FORT EUSTIS, VIRGINIA, WAS A TEMPORARY STATION, YOU WERE OVERPAID $23.10 FOR YOUR WIFE'S TRAVEL FROM THAT POINT INCIDENT TO THE ORDERS OF FEBRUARY 9, 1956. ALSO THE PAYMENT TO YOU OF $85.50 AS A DISLOCATION ALLOWANCE UPON ASSIGNMENT TO FIRST PERMANENT DUTY STATION WAS AN ERRONEOUS PAYMENT. HENCE, YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $108.60. YOUR REMITTANCE IN THE FORM OF CHECK OR MONEY ORDERS PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE, SHOULD BE MAILED TO THE CLAIMS DIVISION OF OUR OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :