B-164538, OCT. 8, 1968
Highlights
BENADOM: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6. YOU WERE ADVISED THAT THE HOMEPORT OF THE U.S.S. ON WHICH YOU WERE THEN SERVING. YOU WERE ALSO ADVISED THAT IF YOU WERE SERVING ON THE TUCKER ON THE EFFECTIVE DATE OF THE CHANGE OF HOMEPORT. YOU WERE DIRECTED TO PROCEED FROM THE U.S.S. YOUR RETURN TRAVEL TO THE UNITED STATES UNDER THE ORDERS WAS PERFORMED ON THE TUCKER AND YOU WERE DISCHARGED FROM THE SERVICE ON BOARD THAT VESSEL ON AUGUST 15. DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE FOR THE REASON THAT IT IS CONSIDERED THAT YOUR WIFE'S TRAVEL TO GLENDALE WAS INCIDENT TO YOUR DISCHARGE FROM THE SERVICE AND NOT IN CONNECTION WITH A PERMANENT CHANGE OF STATION. TO A MEMBER OF A UNIFORMED SERVICE WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION BUT EXPRESSLY PROVIDES THAT A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HIS HOME TO HIS FIRST DUTY STATION OR FROM HIS LAST DUTY STATION TO HIS HOME.
B-164538, OCT. 8, 1968
TO MR. GREGORY A. BENADOM:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6, 1968, CONCERNING SETTLEMENT CERTIFICATE DATED AUGUST 29, 1968, WHICH DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE INCIDENT TO THE TRAVEL OF YOUR DEPENDENT WIFE FROM YOKOSUKA, JAPAN, TO GLENDALE, CALIFORNIA.
BY A CERTIFICATE DATED APRIL 11, 1966, ISSUED IN LIEU OF PERMANENT CHANGE OF STATION ORDERS, YOU WERE ADVISED THAT THE HOMEPORT OF THE U.S.S. HENRY W. TUCKER (DD875), ON WHICH YOU WERE THEN SERVING, WOULD BE CHANGED FROM YOKOSUKA, JAPAN, TO LONG BEACH, CALIFORNIA, EFFECTIVE JULY 1, 1966. YOU WERE ALSO ADVISED THAT IF YOU WERE SERVING ON THE TUCKER ON THE EFFECTIVE DATE OF THE CHANGE OF HOMEPORT, JULY 1, 1966, YOU WOULD BE ENTITLED TO TRANSPORTATION OF DEPENDENTS, SHIPMENT OF HOUSEHOLD EFFECTS AND DISLOCATION ALLOWANCE SUBJECT TO LIMITATIONS IMPOSED BY LAW. BY STANDARD TRANSFER ORDER DATED JUNE 11, 1966, HOWEVER, YOU WERE DIRECTED TO PROCEED FROM THE U.S.S. HENRY W. TUCKER (DD875) AT YOKOSUKA, JAPAN, VIA THE TRANSIENT BARRACKS, U.S. FLEETACTIVITIES, YOKOSUKA, JAPAN, TO YOUR HOME OF RECORD, GLENDALE, CALIFORNIA, FOR SEPARATION FROM THE SERVICE. YOUR RETURN TRAVEL TO THE UNITED STATES UNDER THE ORDERS WAS PERFORMED ON THE TUCKER AND YOU WERE DISCHARGED FROM THE SERVICE ON BOARD THAT VESSEL ON AUGUST 15, 1966. YOUR WIFE TRAVELED FROM YOKOSUKA TO GLENDALE DURING THE PERIOD AUGUST 16 TO 18, 1966, AFTER THE DATE OF YOUR DISCHARGE.
THE SETTLEMENT CERTIFICATE DATED AUGUST 29, 1968, DISALLOWED YOUR CLAIM FOR DISLOCATION ALLOWANCE FOR THE REASON THAT IT IS CONSIDERED THAT YOUR WIFE'S TRAVEL TO GLENDALE WAS INCIDENT TO YOUR DISCHARGE FROM THE SERVICE AND NOT IN CONNECTION WITH A PERMANENT CHANGE OF STATION.
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 BUT EXPRESSLY PROVIDES THAT A MEMBER IS NOT ENTITLED TO PAYMENT OF A DISLOCATION ALLOWANCE WHEN ORDERED FROM HIS HOME TO HIS FIRST DUTY STATION OR FROM HIS LAST DUTY STATION TO HIS HOME.
PARAGRAPH M9004-2 (FORMERLY M9003-4) OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THIS AUTHORITY, PROVIDES THAT SUCH ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE, RELEASE FROM ACTIVE DUTY, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, OR RETIREMENT.
PRIOR TO THE EFFECTIVE DATE OF THE CHANGE OF HOMEPORT OF THE U.S.S. HENRY W. TUCKER (DD875) YOU RECEIVED ORDERS DETACHING YOU FROM DUTY ON THAT VESSEL AND DIRECTING YOUR SEPARATION FROM THE SERVICE. IN VIEW OF THOSE ORDERS, YOUR STATUS AS SERVING ON BOARD THE TUCKER WAS TERMINATED PRIOR TO JULY 1, 1966, THE EFFECTIVE DATE OF THE HOMEPORT CHANGE, AND CONSEQUENTLY THERE WAS NO LONGER ANY AUTHORITY FOR THE TRANSPORTATION OF YOUR DEPENDENT, THE SHIPMENT OF HOUSEHOLD GOODS, OR THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO THE HOMEPORT CHANGE. IN SUCH CIRCUMSTANCES, THE TRAVEL OF YOUR DEPENDENT WAS AUTHORIZED INCIDENT TO YOUR SEPARATION ORDERS ONLY AND YOU WERE DISCHARGED PRIOR TO THE DATE ON WHICH YOUR WIFE COMMENCED HER TRAVEL TO GLENDALE. PRESUMABLY, TRAVEL ALLOWANCES FOR HER TRAVEL WERE PAID ON THE BASIS OF TRAVEL FROM THE OVERSEAS STATION TO YOUR HOME OF RECORD. IT MUST BE CONSIDERED, THEREFORE, THAT YOUR WIFE'S TRAVEL WAS INCIDENT TO YOUR DISCHARGE FROM THE SERVICE.
ACCORDINGLY, THE SETTLEMENT OF AUGUST 29, 1968, DISALLOWING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.
REGARDING YOUR BELIEF THAT THE SETTLEMENT IMPLIES THAT YOU WOULD HAVE BEEN ENTITLED TO A DISLOCATION ALLOWANCE HAD YOU TRAVELED TO YOURFATHER'S HOME IN NORTH HOLLYWOOD, CALIFORNIA, RATHER THAN TO GLENDALE, NO SUCH IMPLICATION WAS INTENDED. FOR THE REASONS EXPLAINED ABOVE THERE WOULD HAVE BEEN NO AUTHORITY UNDER THE LAW AND REGULATIONS TO PAY YOU A DISLOCATION ALLOWANCE HAD YOU PERFORMED SUCH TRAVEL. WHILE THERE APPEARS TO HAVE BEEN AN ADMINISTRATIVE ERROR IN AUTHORIZING YOUR WIFE'S TRANSPORTATION ON THE BASIS OF CHANGE OF HOMEPORT ORDERS, SUCH FACT AFFORDS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.
THE ORIGINAL CHANGE OF HOMEPORT CERTIFICATE AND THE COPY OF THE MATS TRANSPORTATION AUTHORIZATION ARE RETURNED.