B-163887, JUN. 13, 1968

B-163887, JUN. 13, 1968

TO CAPTAIN JOHN S. FRANK:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 8, 1968, REQUESTING RECONSIDERATION OF SETTLEMENT DATED DECEMBER 11, 1967, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS OF AUGUST 3, 1967.

BY ORDERS OF AUGUST 3, 1967, YOU AND YOUR WIFE, CAPTAIN NORMA L. FRANK, WAC, USAG, WERE CONCURRENTLY TRANSFERRED FROM HEADQUARTERS, FRANCONIA DISTRICT, APO 09801, TO DUTY AT ZWEIBRUCKEN, GERMANY, APO 09052. YOU HAVE INDICATED THAT INCIDENT TO THESE ORDERS, ON AUGUST 11, 1967, YOU AND YOUR WIFE VACATED MILITARY FAMILY HOUSING QUARTERS IN WURZBURG, GERMANY. AUGUST 18, 1967, YOU BOTH WERE ASSIGNED FAMILY HOUSING QUARTERS IN ZWEIBRUCKEN, GERMANY. MOVEMENT OF HOUSEHOLD EFFECTS AND PRIVATELY OWNED VEHICLE WAS ALSO AUTHORIZED.

OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE FOR THE REASON THAT YOUR WIFE WAS A MEMBER OF THE UNIFORMED SERVICES ON ACTIVE DUTY ON THE EFFECTIVE DATE OF YOUR ORDERS.

IN YOUR LETTER OF MARCH 8, 1968, YOU SAY THE SETTLEMENT OF DECEMBER 11, 1967, INFERS THAT A MILITARY FAMILY HAS NO DISLOCATION EXPENSES, AND THEREFORE IT IS PREJUDICIAL TO A FAMILY WHERE BOTH MEMBERS ARE SERVING IN THE ARMED FORCES. YOU REQUEST OUR DECISION WHETHER PARAGRAPH M7000-6 OF THE JOINT TRAVEL REGULATIONS APPLIES TO A MILITARY FAMILY WHERE HUSBAND AND WIFE WHO ARE BOTH MEMBERS OF THE UNIFORMED SERVICES ARE TRANSFERRED TO A NEW DUTY STATION ON CONCURRENT ORDERS.

THE PERTINENT STATUTE, 37 U.S.C. 407, AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH ORDERS DIRECTING A PERMANENT CHANGE OF STATION.

THE PURPOSE OF A DISLOCATION ALLOWANCE IS TO PARTIALLY REIMBURSE A MEMBER WITH DEPENDENTS FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A PERMANENT CHANGE OF STATION. PARAGRAPH M9002-1 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT PROVISION READS, IN PART, AS FOLLOWS: "* * * EXCEPT AS PROVIDED IN PAR. M9003, THE DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER WHENEVER DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION * * *.'

PARAGRAPH M9003 OF THE CITED REGULATIONS PROVIDES IN PERTINENT PART THAT THE DISLOCATION ALLOWANCE IS NOT PAYABLE TO A MEMBER WITH DEPENDENTS "IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED: "1. UNDER THE CONDITIONS OUTLINED IN PAR M7000, ITEMS * * * 6 * * *.' PARAGRAPH M7000-6 OF THE REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION WHEN THE DEPENDENT IS A MEMBER OF THE UNIFORMED SERVICES ON ACTIVE DUTY ON THE EFFECTIVE DATE OF THE ORDERS.

DEPARTMENT OF DEFENSE INSTRUCTION NO. 1338.1, DATED JANUARY 30, 1964, ESTABLISHING THE POLICY WITH RESPECT TO ASSIGNMENT OF PUBLIC QUARTERS FOR MEMBERS OF THE UNIFORMED SERVICES, STATES THAT IT IS THE POLICY OF THE DEPARTMENT OF DEFENSE TO ENCOURAGE MAINTENANCE OF THE FAMILY UNIT. THIS CONNECTION IT HAS BEEN HELD THAT A MALE MEMBER OF THE UNIFORMED SERVICES MARRIED TO ANOTHER MEMBER OF THE UNIFORMED SERVICES HAS A DEPENDENT EVEN THOUGH NOT ENTITLED TO RECEIVE INCREASED ALLOWANCES ON HER ACCOUNT BECAUSE SHE IS RECEIVING BASIC PAY AND, UNDER THE REGULATIONS, IF BOTH ARE SERVING AT THE SAME STATION, HE IS ENTITLED TO ASSIGNMENT OF DEPENDENT TYPE QUARTERS FOR THEIR JOINT OCCUPANCY. 35 COMP. GEN. 10.

HOWEVER, IN ADDITION TO THE DEPENDENCY REQUIREMENT, THE LAW AND REGULATIONS RELATING TO DISLOCATION ALLOWANCE REQUIRE THAT THE DEPENDENTS ARE AUTHORIZED TO MOVE AS A RESULT OF THE MEMBER'S PERMANENT CHANGE OF STATION. 35 COMP. GEN. 167 AND 36 COMP. GEN. 113, 114.

IN THE SITUATION HERE INVOLVED, YOUR WIFE'S CHANGE OF RESIDENCE WAS NECESSARY AS A DIRECT RESULT OF HER OWN CHANGE OF DUTY ASSIGNMENT FROM HEADQUARTERS, FRANCONIA DISTRICT, TO HER DUTY STATION AT ZWEIBRUCKEN, GERMANY, AND HER TRAVEL AND TRANSPORTATION ALLOWANCES ACCRUED IN HER OWN RIGHT AS AN OFFICER INCIDENT TO HER REASSIGNMENT. SHE DID NOT TRAVEL TO ZWEIBRUCKEN NOR WAS SHE AUTHORIZED TO PERFORM SUCH TRAVEL AS YOUR DEPENDENT IN CONNECTION WITH YOUR PERMANENT CHANGE OF STATION.

SINCE YOUR WIFE WAS NOT YOUR DEPENDENT FOR TRAVEL ALLOWANCE PURPOSES, PAYMENT OF THE DISLOCATION ALLOWANCE IS NOT AUTHORIZED.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 11, 1967, WAS CORRECT AND IS SUSTAINED.