B-149855, OCT. 9, 1962

B-149855, OCT. 9, 1962

TO CAPTAIN EDWARD A. FITES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 27, 1962, REQUESTING RECONSIDERATION OF SETTLEMENT DATED AUGUST 22, 1962, WHICH DISALLOWED YOUR CLAIM FOR A DISLOCATION ALLOWANCE INCIDENT TO THE MOVEMENT OF YOUR DEPENDENTS FROM SPARTA, ILLINOIS, TO HUNTSVILLE, ALABAMA, DURING THE PERIOD OCTOBER 5, 1957, TO NOVEMBER 29, 1957.

THE RECORD SHOWS THAT YOU WERE HONORABLY DISCHARGED AS AN ENLISTED MEMBER OF THE U.S. MARINE CORPS ON SEPTEMBER 5, 1957, AND RELEASED FROM ACTIVE DUTY ON THAT DATE AT YOUR LAST PERMANENT DUTY STATION, THE MARINE CORPS AIR STATION, MIAMI, FLORIDA, FOR THE CONVENIENCE OF THE GOVERNMENT BY REASON OF YOUR OWN REQUEST. BY SPECIAL ORDERS NO. 166 DATED AUGUST 23, 1957, ISSUED PURSUANT TO 10 U.S.C. 672 (D), YOU WERE ORDERED TO ACTIVE DUTY SEPTEMBER 6, 1957, AS A RESERVE OFFICER OF THE U.S. ARMY AND ASSIGNED TO REDSTONE ARSENAL, HUNTSVILLE, ALABAMA, WITH APPROXIMATELY THREE MONTHS' TEMPORARY DUTY AT FORT BENNING, GEORGIA, PRIOR TO REPORTING TO YOUR PERMANENT STATION. YOU WERE REIMBURSED FOR THE TRAVEL OF YOUR DEPENDENTS TO YOUR OFFICER DUTY STATION ON THE BASIS OF THEIR TRAVEL FROM SPARTA, ILLINOIS, YOUR HOME OF RECORD, TO HUNTSVILLE. BY THE SETTLEMENT OF AUGUST 22, 1962, YOUR CLAIM FOR A DISLOCATION ALLOWANCE WAS DENIED FOR THE REASON THAT SUCH ALLOWANCE IS NOT PAYABLE IN CONNECTION WITH A MOVE FROM HOME TO A FIRST PERMANENT DUTY STATION. YOU CONTEND THAT YOU DID NOT REPORT TO YOUR FIRST ARMY DUTY STATION FROM YOUR HOME OF RECORD, AND THAT YOU DID NOT HAVE A BREAK IN SERVICE WHEN YOU WERE DISCHARGED FROM ENLISTED SERVICE IN THE MARINE CORPS AND ACCEPTED A COMMISSION IN THE ARMY. ALSO, YOU SAY YOU WERE INFORMED OF A DECISION OF THIS OFFICE UNDER WHICH YOU BELIEVE YOUR CLAIM MAY BE PAYABLE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), 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, BUT PROVIDES FURTHER THAT A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HOME TO FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME. PARAGRAPHS 9003-3 AND 4 OF THE JOINT TRAVEL REGULATIONS (CHANGE 55, FEBRUARY 1, 1957), IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDE THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE INCIDENT TO TRAVEL PERFORMED FROM HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT OR CALL TO ACTIVE DUTY, OR FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY. ALSO, PARAGRAPH 9003-5 OF THE REGULATIONS PROVIDES THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE FOR TRAVEL PERFORMED FROM THE LAST DUTY STATION IN ONE PERIOD OF SERVICE TO THE FIRST DUTY STATION IN ANOTHER PERIOD OF SERVICE WHEN THERE WAS NO ORDERED PERMANENT CHANGE OF STATION BETWEEN THOSE STATIONS. YOUR CASE, YOU WERE DISCHARGED FROM THE MARINE CORPS WITHOUT ORDERS OR OTHER PROVISION THAT YOU WERE TO CONTINUE ACTIVE DUTY IN ANOTHER BRANCH OF THE SERVICE OR AT ANOTHER STATION. THE NET EFFECT OF YOUR DISCHARGE WAS TO MERELY SEPARATE YOU FROM THE SERVICE. IN THESE CIRCUMSTANCES, AND SINCE THE REGULATIONS PROHIBIT THE PAYMENT OF THE DISLOCATION ALLOWANCE WHEN THERE WAS NO CHANGE OF STATION ORDERED IN CONJUNCTION WITH A SEPARATION FOR THE PURPOSE OF IMMEDIATE REENTRY INTO THE SERVICE IN ANOTHER CAPACITY, THERE IS NO AUTHORITY TO ALLOW YOUR CLAIM.

THE DECISION TO WHICH YOU REFER APPARENTLY IS B-142506, DATED NOVEMBER 27, 1961, 41 COMP. GEN. 331, COPY ENCLOSED. SINCE YOUR SEPARATION AND REENTRY INTO THE SERVICE, HOWEVER, WAS NOT AN INTERSERVICE TRANSFER PURSUANT TO 10 U.S.C. 716, THAT DECISION DOES NOT AFFORD A BASIS FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 22, 1962, DISALLOWING YOUR CLAIM MUST BE SUSTAINED.