B-155451, DEC. 17, 1964

B-155451, DEC. 17, 1964

TO TECHNICAL SERGEANT ROBERT E. VIERRA, USAF, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1964,IN EFFECT REQUESTING RECONSIDERATION OF SETTLEMENT DATED OCTOBER 6, 1964, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO YOUR ASSIGNMENT TO THE U.S. AIR FORCE HOSPITAL, LACKLAND AIR FORCE BASE, TEXAS.

BY SPECIAL ORDERS A-240 DATED NOVEMBER 14, 1960, YOU WERE RELIEVED FROM YOUR OVERSEAS ASSIGNMENT AND ASSIGNED TO THE AIR FORCE SPECIAL WEAPONS CENTER, KIRTLAND AIR FORCE BASE, NEW MEXICO, TO PROCEED FROM YOUR OVERSEAS STATION ON OR ABOUT DECEMBER 4, 1960. SPECIAL ORDER 9 (OR 42) DATED FEBRUARY 2, 1961, DIRECTED YOU TO PROCEED FROM KIRTLAND AIR FORCE BASE AND REPORT ON OR ABOUT FEBRUARY 3, 1961, TO THE U.S. AIR FORCE HOSPITAL, LACKLAND AIR FORCE BASE, TEXAS, FOR MEDICAL OBSERVATION AND TREATMENT (TEMPORARY DUTY); AND SPECIAL ORDERS A-114 DATED MARCH 9, 1961, RELIEVED YOU FROM ASSIGNMENT AT KIRTLAND AIR FORCE BASE AND ASSIGNED YOU TO THE PATIENT SQUADRON SECTION, U.S. AIR FORCE HOSPITAL, LACKLAND AIR FORCE BASE. BY SPECIAL ORDERS AB-2058 DATED APRIL 18, 1961, YOU WERE RELIEVED FROM ASSIGNMENT AND PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE MAY 3, 1961; AND SPECIAL ORDERS AB-13117 DATED OCTOBER 15, 1962, REMOVED YOU FROM THE TEMPORARY DISABILITY RETIRED LIST AND RETIRED YOU EFFECTIVE OCTOBER 31, 1962.

YOU WERE PAID A DISLOCATION ALLOWANCE OF $96.90 INCIDENT TO YOUR ASSIGNMENT TO KIRTLAND AIR FORCE BASE UNDER SPECIAL ORDERS A-240. IN YOUR LETTER OF OCTOBER 12, 1964, YOU SAY THAT YOU BELIEVE YOU ARE ENTITLED TO ANOTHER DISLOCATION ALLOWANCE FOR THE REASON THAT WHEN YOU WERE GIVEN SPECIAL ORDERS A-114 PROVIDING A PERMANENT CHANGE OF STATION FROM KIRTLAND AIR FORCE BASE TO THE U.S. AIR FORCE HOSPITAL, LACKLAND AIR FORCE BASE, YOU WERE TOLD THAT YOUR FAMILY WOULD HAVE TO MOVE OUT OF BASE HOUSING AT KIRTLAND AIR FORCE BASE.

SECTION 407 OF TITLE 37, U.S.C. AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, TO A MEMBER OF A UNIFORMED SERVICE WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION. PARAGRAPH 9003-10 OF THE JOINT TRAVEL REGULATIONS PROVIDED, AT THE TIME INVOLVED, THAT THE DISLOCATION ALLOWANCE WAS NOT PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED FROM A DUTY STATION WITHIN THE UNITED STATES TO A HOSPITAL FOR OBSERVATION AND TREATMENT. WHILE YOUR TRANSFER FROM KIRTLAND AIR FORCE BASE TO THE LACKLAND AIR FORCE HOSPITAL BY SPECIAL ORDERS A-114 WAS DESIGNATED AS PCS (PERMANENT CHANGE OF STATION), THE PURPOSE OF SUCH ASSIGNMENT WAS FOR YOUR HOSPITALIZATION AND NOT FOR DUTY THERE. IT MAY NOT BE REGARDED AS A PERMANENT CHANGE OF YOUR DUTY STATION ENTITLING YOU TO PAYMENT OF DISLOCATION ALLOWANCE UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS SINCE YOU WERE NOT ASSIGNED THERE FOR DUTY. ALSO, THE REGULATIONS DID NOT AUTHORIZE THE PAYMENT OF DISLOCATION ALLOWANCE TO YOU ON THE BASIS THAT YOUR DEPENDENTS WERE REQUIRED TO VACATE BASE HOUSING AT YOUR DUTY STATION WHEN YOU WERE TRANSFERRED TO THE HOSPITAL IN A PATIENT STATUS.

IN THE CASE OF A MEMBER WHO WOULD OTHERWISE BE ENTITLED TO A SECOND DISLOCATION ALLOWANCE IN ONE FISCAL YEAR INCIDENT TO A SECOND PERMANENT CHANGE OF DUTY STATIONS, THE CITED STATUTE AND THE JOINT TRAVEL REGULATIONS PROVIDE THAT HE IS NOT ENTITLED TO MORE THAN ONE ALLOWANCE UNLESS THE SECRETARY CONCERNED FINDS THAT THE EXIGENCIES OF THE SERVICE REQUIRE THE MEMBER TO MAKE MORE THAN ONE CHANGE OF STATION DURING THAT FISCAL YEAR. WHEN A MEMBER IS OTHERWISE NOT ENTITLED TO THE SECOND DISLOCATION ALLOWANCE IN ONE FISCAL YEAR, SUCH AS IN YOUR CASE SINCE YOUR SECOND CHANGE OF STATION IN THE 1961 FISCAL YEAR WAS FROM A DUTY STATION WITHIN THE UNITED STATES TO A HOSPITAL FOR OBSERVATION AND TREATMENT, THE REQUIRED FINDING BY THE SECRETARY CONCERNED WOULD NOT PROVIDE A BASIS FOR ITS ALLOWANCE.