B-150597, FEB. 1, 1963

B-150597, FEB. 1, 1963

TO DAVID B. THURMAN:

REFERENCE IS MADE TO YOUR LETTER REQUESTING RECONSIDERATION OF SETTLEMENT DATED NOVEMBER 9, 1962, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE FOR THE MOVEMENT OF YOUR DEPENDENTS MAY 16, 1962, FROM 600A 18TH STREET TO 6 ADAIR COURT, BOTH LOCATED IN THE CITY OF COLUMBUS, GEORGIA.

BY SPECIAL ORDERS NO. 107, HEADQUARTERS, UNITED STATES ARMY INFANTRY CENTER, FORT BENNING, GEORGIA, DATED MAY 7, 1962, YOU WERE REASSIGNED EFFECTIVE JUNE 18, 1962, FROM THE 70TH AVIATION OPERATION DETACHMENT (ARMY) AT THAT STATION TO THE UNITED STATES ARMY OVERSEA REPLACEMENT STATION (1264), FORT DIX, NEW JERSEY, FOR SUBSEQUENT ASSIGNMENT TO THE UNITED STATES ARMY, EUROPE. BY ORDERS OF JUNE 8, 1962, THE ABOVE SPECIAL ORDERS WERE AMENDED TO ASSIGN YOU TO THE EIGHTH UNITED STATES ARMY PERSONNEL CENTER (5751), APO, SAN FRANCISCO, CALIFORNIA, REPORTING DATE--- JUNE 26, 1962.

YOUR CLAIM FOR DISLOCATION ALLOWANCE FOR THE MOVEMENT OF YOUR DEPENDENTS ON MAY 16, 1962, WAS DISALLOWED SINCE IT WAS NOT SHOWN BY A STATEMENT OF THE COMMANDING OFFICER AT YOUR NEW PERMANENT STATION, THAT THE RELOCATION OF YOUR DEPENDENTS INTO A HOUSE WHICH YOU HAD RECENTLY PURCHASED, AND SITUATED ABOUT THREE MILES FROM THEIR OLD LOCATION, WAS NECESSARY AS A DIRECT RESULT OF THE ORDERS ASSIGNING YOU TO AN OVERSEAS STATION, AS REQUIRED BY CHAPTER NINE OF THE JOINT TRAVEL REGULATIONS. IN YOUR LETTER YOU QUESTION THE NECESSITY FOR SUCH A STATEMENT FROM YOUR COMMANDING OFFICER.

THE STATUTORY AUTHORITY FOR THE PAYMENT OF A DISLOCATION ALLOWANCE IS CONTAINED IN SECTION 407, TITLE 37, UNITED STATES CODE. THAT SECTION PROVIDES (WITH EXCEPTIONS NOT HERE MATERIAL) THAT ,UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED," A MEMBER OF THE UNIFORMED SERVICE WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION IS ENTITLED TO A DISLOCATION ALLOWANCE. YOU WILL NOTE THAT THOSE PROVISIONS ARE NOT SELF-EXECUTING BUT REQUIRE THE ISSUANCE OF REGULATIONS BY THE SECRETARIES OF THE SERVICES CONCERNED. PARAGRAPH 9002 OF THE JOINT TRAVEL REGULATIONS, ISSUED BY THE SECRETARIES TO IMPLEMENT THAT STATUTORY AUTHORITY, PROVIDES IN PERTINENT PART, AS FOLLOWS:

"9002 WHEN PAYABLE

"1. GENERAL. EXCEPT AS PROVIDED IN PAR. 9003, THE DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION. A STATEMENT OF THE COMMANDING OFFICER OF THE NEW PERMANENT DUTY STATION THAT THE RELOCATION OF THE HOUSEHOLD WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION IS REQUIRED:

"2. WHEN THE RELOCATION OF THE HOUSEHOLD IS BETWEEN PLACES LOCATED IN PROXIMITY TO EACH OTHER WHETHER OR NOT WITHIN THE SAME CITY.' UNDER THE PLAIN TERMS OF THAT PROVISION THE PAYMENT OF A DISLOCATION ALLOWANCE FOR THE RELOCATION OF YOUR DEPENDENTS' HOUSEHOLD FROM ONE PLACE TO ANOTHER ONLY THREE MILES DISTANT IS NOT AUTHORIZED UNLESS THE COMMANDING OFFICER AT YOUR NEW STATION STATES THAT THE MOVE WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION. NO SUCH STATEMENT HAS BEEN FORWARDED IN SUPPORT OF YOUR CLAIM AND, HENCE, UNDER THE CONTROLLING LAW AND REGULATIONS, PAYMENT OF A DISLOCATION ALLOWANCE IS NOT AUTHORIZED.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT OF NOVEMBER 9, 1962, WAS CORRECT AND IS SUSTAINED.