B-158112, FEB. 2, 1966, 45 COMP. GEN. 477

B-158112, FEB. 2, 1966, 45 COMP. GEN. 477

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - VESSEL AND PORT CHANGES A NAVY MEMBER WHO UPON REENLISTMENT AND PRIOR TO A JULY 27, 1963 TRANSFER TO A NEW PERMANENT STATION RETURNS ON LEAVE TO HIS HOME OF RECORD, THE PHILIPPINE ISLANDS, WHERE HE MARRIED, AND WHO ON JULY 15, 1964 IS TRANSFERRED TO ANOTHER VESSEL AT THE SAME PORT IS ENTITLED TO THE TRANSPORTATION OF HIS WIFE AND CHILD, IF THE CHILD WAS HIS DEPENDENT ON JULY 27, 1963, AND HOUSEHOLD GOODS FROM THE PHILIPPINES TO THE HOME PORT OF THE VESSELS, PURSUANT TO PARAGRAPHS M7011-4 AND M8259 4 OF THE JOINT TRAVEL REGULATIONS INCIDENT TO HIS FIRST PERMANENT DUTY STATION ASSIGNMENT UPON REENLISTMENT; HOWEVER, THE DISLOCATION ALLOWANCE AUTHORIZED BY 37 U.S.C. 407, A DEPENDENT'S TRANSPORTATION THAT ACCRUES ONLY WHEN THE DEPENDENTS ARE AUTHORIZED TO MOVE, IS NOT PAYABLE TO THE MEMBER EITHER INCIDENT TO THE TRAVEL OF HIS DEPENDENTS TO HIS FIRST DUTY STATION, OR INCIDENT TO HIS TRANSFER FROM ONE VESSEL TO ANOTHER WITH THE SAME HOME PORT, NO PERMANENT CHANGE OF STATION HAVING BEEN INVOLVED IN THE VESSEL TRANSFER.

TO J. S. GUENTHER, DEPARTMENT OF THE NAVY, FEBRUARY 2, 1966:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 21, 1965, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION (PDTATAC CONTROL NO. 65 35) AS TO THE LEGALITY OF PAYMENT OF DISLOCATION ALLOWANCE AND TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS TO CESAR T. LAVINA, 476 33 33, DK2, USN, IN THE EVENT OF THEIR MOVEMENT TO THE HOME PORT OF THE VESSEL TO WHICH HE IS NOW ASSIGNED, UNDER THE CIRCUMSTANCES DESCRIBED.

IN THIS LETTER YOU SAY THAT MR. LAVINA REENLISTED MAY 28, 1963, AS A THIRD CLASS WITH OVER 4 YEARS OF ACTIVE SERVICE WHILE ASSIGNED TO THE NAVAL RECEIVING STATION, BROOKLYN, NEW YORK, AND THAT HE TOOK LEAVE IN THE PHILIPPINES FROM MAY 29, 1963 TO AUGUST 26, 1963. YOU ALSO SAY THAT WHILE HE WAS ON LEAVE HE WAS MARRIED ON JULY 14, 1963, AND THAT HIS FAMILY REMAINED IN THE PHILIPPINES WHICH, IT APPEARS, IS HIS HOME OF RECORD. ORDER NO. 325-64 PREPARED JULY 27, 1963, MR. LAVINA WAS TRANSFERRED FROM THE U.S. NAVAL RECEIVING STATION, NAVAL BASE, BROOKLYN, NEW YORK, TO THE U.S.S. LONG BEACH (CGN 9) FOR DUTY, TO REPORT NOT LATER THAN AUGUST 28, 1963. BY ORDER NO. 376-64 PREPARED JULY 15, 1964, MR. LAVINA WAS TRANSFERRED FROM THE U.S.S. LONG BEACH (CGN 9) TO THE U.S.S. LAWRENCE (DDG -4) FOR DUTY, TO REPORT NOT LATER THAN JULY 29, 1964. YOU ALSO SAY IN YOUR LETTER OF SEPTEMBER 21, 1965, THAT NORFOLK IS THE HOME PORT OF BOTH VESSELS. IT APPEARS THAT MR. LAVINA'S DEPENDENTS ARE STILL LOCATED IN THE PHILIPPINES.

SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES THAT A MEMBER OF A UNIFORMED SERVICE WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE AND HOUSEHOLD EFFECTS (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, AND TO AND FROM SUCH PLACES, AS PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH M3003-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THIS AUTHORITY, PROVIDES THAT A PERMANENT CHANGE OF STATION INCLUDES THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH A MEMBER IS ORDERED TO ACTIVE DUTY. PARAGRAPH M7011- 4 OF THE REGULATIONS, CHANGE 123, DATED FEBRUARY 1, 1963, PROVIDES THAT A MEMBER WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY FOR THE EXPRESS PURPOSE OF CONTINUING ON ACTIVE DUTY (OTHER THAN EXPIRATION OF ENLISTMENT OR PRESCRIBED TERM OF SERVICE) IN THE SAME OR ANOTHER STATUS, OR IN THE SAME OR IN ANOTHER OF THE UNIFORMED SERVICES, IS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS IN CONNECTION THEREWITH, BUT THAT THIS PROHIBITION WILL NOT BE CONSTRUED AS DENYING TRANSPORTATION OF DEPENDENTS WHEN A MEMBER IS TRANSFERRED ON A PERMANENT CHANGE OF STATION IN CONJUNCTION WITH REENTRY INTO OR CONTINUANCE IN THE SERVICE. PARAGRAPH M8259-4 OF THE JOINT TRAVEL REGULATIONS CONTAINS SIMILAR PROVISIONS FOR THE TRANSPORTATION OF HOUSEHOLD GOODS. SINCE MR. LAVINA WAS MARRIED PRIOR TO THE EFFECTIVE DATE OF HIS ORDERS TRANSFERRING HIM TO THE U.S.S. LONG BEACH (CGN-9), HIS FIRST PERMANENT DUTY STATION UNDER HIS REENLISTMENT, HE IS ENTITLED TO THE TRANSPORTATION OF HIS WIFE AND CHILD (IF THE CHILD WAS HIS DEPENDENT ON THE EFFECTIVE DATE OF THE ORDERS OF JULY 27, 1963), AND HOUSEHOLD GOODS FROM HIS HOME OF RECORD IN THE PHILIPPINES TO THE HOME PORT OF THAT VESSEL AT NORFOLK. SEE 33 COMP. GEN. 131; ID. 136; B-119374, AUGUST 5, 1954. IT IS NOT CLEAR FROM YOUR LETTER OF SEPTEMBER 21, 1965, WHETHER MR. LAVINA OR HIS WIFE HAD A CHILD AT THE TIME OF THEIR MARRIAGE ON JULY 14, 1963, OR IF THE CHILD WAS BORN TO OR ADOPTED BY THEM LATER.

SECTION 407 OF TITLE 37, U.S. CODE, AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS PROMULGATED BY THE SECRETARY, TO A MEMBER OF A UNIFORMED SERVICE WHOSE DEPENDENTS MAKE AN "AUTHORIZED MOVE" IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION, BUT PROVIDES THAT A MEMBER IS NOT ENTITLED TO PAYMENT OF THE DISLOCATION ALLOWANCE WHEN ORDERED FROM HIS HOME TO HIS FIRST DUTY STATION OR FROM HIS LAST DUTY STATION TO HIS HOME. THE DISLOCATION ALLOWANCE IS A DEPENDENT TRANSPORTATION BENEFIT AND ACCRUES ONLY WHEN DEPENDENTS ARE AUTHORIZED TO MOVE. 36 COMP. GEN. 113. IT SEEMS CLEAR, THEREFORE, THAT UNLESS DEPENDENTS ARE AUTHORIZED TO MOVE INCIDENT TO A CHANGED DUTY ASSIGNMENT OF THE MEMBER, THERE HAS BEEN NO PERMANENT CHANGE OF STATION FOR DISLOCATION ALLOWANCE PURPOSES. AS REQUIRED BY THE LAW, PARAGRAPH M9003-3 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE DISLOCATION ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE-OF STATION TRAVEL PERFORMED FROM HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT, CALLED TO ACTIVE DUTY, ENLISTMENT, REENLISTMENT OR INDUCTION.

IN ACCORDANCE WITH 37 U.S.C. 411 (D), A PERMANENT DUTY STATION, INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED, IS DEFINED IN PARAGRAPH M1150-10 OF THE JOINT TRAVEL REGULATIONS AS THE HOME PORT OR HOME YARD OF A VESSEL OR OF A SHIP BASED STAFF TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. THEREFORE, MR. LAVINA'S FIRST PERMANENT DUTY STATION UNDER HIS REENLISTMENT FOR DEPENDENT TRANSPORTATION PURPOSES WAS THE HOME PORT OF THE U.S.S. LONG BEACH (CGN-9) AT NORFOLK AND HE IS NOT ENTITLED TO DISLOCATION ALLOWANCE INCIDENT TO THE MOVEMENT OF HIS DEPENDENTS TO THAT STATION. NO PERMANENT CHANGE OF STATION FOR PURPOSES OF DEPENDENT TRANSPORTATION BENEFITS IS INVOLVED WHEN A MEMBER IS TRANSFERRED FROM ONE VESSEL TO ANOTHER WITH THE SAME HOME PORT. 43 COMP. GEN. 639. THE ORDERS OF JULY 15, 1964, TRANSFERRED MR. LAVINA FROM THE U.S.S. LONG BEACH (GCN 9) TO THE U.S.S. LAWRENCE (DDG-4), BOTH VESSELS HAVING NORFOLK AS THE HOME PORT. HENCE, THESE ORDERS DID NOT AFFECT THE STATUS OF NORFOLK AS MR. LAVINA'S FIRST DUTY STATION FOR PURPOSES OF THE DISLOCATION ALLOWANCE AND UNDER THE EXPRESS PROVISIONS OF 37 U.S.C. 407, NO RIGHT TO DISLOCATION ALLOWANCE ACCRUES INCIDENT TO TRAVEL OF DEPENDENTS FROM HOME TO FIRST DUTY STATION. CONSEQUENTLY, PAYMENT OF A DISLOCATION ALLOWANCE TO MR. LAVINA IS NOT AUTHORIZED.