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B-166130, JAN 6, 1971, 50 COMP GEN 473

B-166130 Jan 06, 1971
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TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DISLOCATION ALLOWANCE - FIRST DUTY STATION THE PLACE WHERE A MEMBER OF THE UNIFORMED SERVICES REENLISTED AFTER DISCHARGE FROM HIS LAST DUTY STATION WITH NO FURTHER ASSIGNMENT CONTEMPLATED IS THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY WITHIN THE MEANING OF PARAGRAPH M9004-1. WHICH PROVIDES THAT A 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 REENLISTMENT. THE MEMBER TRANSFERRED ON TEMPORARY DUTY FOR HOSPITAL TREATMENT IS NOT ENTITLED TO A DISLOCATION ALLOWANCE TO RELOCATE HIS HOUSEHOLD INCIDENT TO HIS TRANSFER TO THE HOSPITAL SINCE THE HOSPITAL WAS HIS FIRST PERMANENT ASSIGNMENT UNDER THE REENLISTMENT.

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B-166130, JAN 6, 1971, 50 COMP GEN 473

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DISLOCATION ALLOWANCE - FIRST DUTY STATION THE PLACE WHERE A MEMBER OF THE UNIFORMED SERVICES REENLISTED AFTER DISCHARGE FROM HIS LAST DUTY STATION WITH NO FURTHER ASSIGNMENT CONTEMPLATED IS THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY WITHIN THE MEANING OF PARAGRAPH M9004-1, ITEM 1, OF THE JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT A 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 REENLISTMENT; AND, THEREFORE, THE MEMBER TRANSFERRED ON TEMPORARY DUTY FOR HOSPITAL TREATMENT IS NOT ENTITLED TO A DISLOCATION ALLOWANCE TO RELOCATE HIS HOUSEHOLD INCIDENT TO HIS TRANSFER TO THE HOSPITAL SINCE THE HOSPITAL WAS HIS FIRST PERMANENT ASSIGNMENT UNDER THE REENLISTMENT. TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - DISLOCATION ALLOWANCE - HOSPITAL TRANSFERS SINCE UNDER PARAGRAPH M7004-5 OF THE JOINT TRAVEL REGULATIONS A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS HAD MOVED AT GOVERNMENT EXPENSE "AS FOR A PERMANENT CHANGE OF STATION" INCIDENT TO HIS ASSIGNMENT TO A HOSPITAL FOR EXTENDED TREATMENT WOULD BE ENTITLED TO THE FURTHER TRANSPORTATION OF HIS DEPENDENTS UPON HIS TRANSFER FROM THE HOSPITAL TO A PERMANENT DUTY STATION, HE WOULD ALSO BE ENTITLED TO A DISLOCATION ALLOWANCE UPON THE RELOCATION OF HIS HOUSEHOLD INCIDENT TO THE TRANSFER FROM THE HOSPITAL.

TO C. LOFTIN, DEPARTMENT OF THE NAVY, JANUARY 6, 1971:

BY THIRD ENDORSEMENT DATED SEPTEMBER 3, 1970, THE CHIEF OF NAVAL PERSONNEL TRANSMITTED YOUR LETTER OF JUNE 16, 1970, AND ENCLOSURES, REQUESTING A DECISION WHETHER THE CLAIM OF BOBBY J. RADCLIFF, SFP-3, UNITED STATES NAVY, FOR DISLOCATION ALLOWANCE IS PAYABLE IN THE CIRCUMSTANCES PRESENTED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 70-48.

THE ENCLOSURES INCLUDE A COPY OF STANDARD TRANSFER ORDER ISSUED BY THE NAVY RECRUITING STATION, PHILADELPHIA, PENNSYLVANIA, ON NOVEMBER 10, 1969, WHICH DIRECTED THE MEMBER WHO HAD REENLISTED THERE THAT DAY TO REPORT NOT LATER THAN 0800 DECEMBER 11, 1969, TO THE COMMANDING OFFICER, NAVAL STATION, PHILADELPHIA, FOR FURTHER ASSIGNMENT. NOTATION ON THE ORDER SHOWS THAT THE MEMBER REPORTED ON DECEMBER 10, 1969, AS DIRECTED.

BY ORDERS DATED JANUARY 13, 1970, THE MEMBER WAS TRANSFERRED TO THE U.S. NAVAL HOSPITAL IN THE SAME CITY FOR TEMPORARY DUTY UNDER TREATMENT AND ON MARCH 9, 1970, HE WAS TRANSFERRED TO THE U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, FOR FURTHER TEMPORARY DUTY UNDER TREATMENT. MEMORANDUM ENDORSEMENT DATED APRIL 9, 1970, CERTIFIED THE HOSPITALIZATION WOULD BE FOR A PROLONGED PERIOD OF TIME.

YOU FORWARDED A CLAIM BY THE MEMBER FOR DISLOCATION ALLOWANCE INCIDENT TO THE TRAVEL OF HIS DEPENDENTS ON MAY 7 AND 8, 1970, FROM VANCOUVER, WASHINGTON, TO SAN DIEGO, CALIFORNIA, WHERE HE WAS UNDERGOING TREATMENT, AND A COPY OF A VOUCHER SHOWING PAYMENT HAS BEEN MADE FOR THE DEPENDENTS' TRAVEL. YOU MAKE REFERENCE TO PARAGRAPH M9003 3B, JOINT TRAVEL REGULATIONS, WHICH AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, AS FOR A PERMANENT CHANGE OF STATION, UPON THE RELOCATION OF THE HOUSEHOLD OF A MEMBER'S DEPENDENTS INCIDENT TO HIS TRANSFER TO A HOSPITAL FOR PROLONGED TREATMENT, AND TO PARAGRAPH M9004-1(1) OF THE REGULATIONS WHICH PRECLUDES PAYMENT OF SUCH ALLOWANCE IN CONNECTION WITH PERMANENT CHANGE-OF-STATION TRAVEL FROM HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON REENLISTMENT. YOU EXPRESS DOUBT WHETHER ON THE BASIS OF OUR DECISION DATED MARCH 14, 1969, 48 COMP. GEN. 603, THE PROVISIONS OF PARAGRAPH M9003-3B WOULD BE APPLICABLE IN THE SUBMITTED CLAIM. YOU THEREFORE REQUEST A DECISION AS TO THE LEGALITY OF PAYMENT OF THE MEMBER'S CLAIM. ALSO, IF IT BE DETERMINED THAT THE CLAIM IS PAYABLE, YOU ASK WHETHER PAYMENT OF ANOTHER DISLOCATION ALLOWANCE WOULD BE AUTHORIZED UPON THE MEMBER'S TRANSFER FROM THE HOSPITAL TO A PERMANENT DUTY STATION, IF OTHERWISE PROPER.

BY THIRD ENDORSEMENT DATED SEPTEMBER 3, 1970, THE CHIEF OF NAVAL PERSONNEL REPORTED THAT THE MEMBER'S PERSONNEL RECORDS SHOW HE WAS DISCHARGED ON BOARD THE U.S.S. ANNAPOLIS AT PHILADELPHIA, PENNSYLVANIA, ON OCTOBER 31, 1969, AND THAT HE REENLISTED AT THE U.S. NAVY RECRUITING OFFICE, PHILADELPHIA, ON NOVEMBER 10, 1969. IT WAS FURTHER REPORTED THAT THE TRANSFER TO THE U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, FOR PROLONGED TREATMENT CONSTITUTED THE MEMBER'S FIRST PERMANENT ASSIGNMENT SUBSEQUENT TO HIS REENLISTMENT.

THE CHIEF OF NAVAL PERSONNEL EXPRESSED THE OPINION THAT, ON THE BASIS OF OUR RULING IN 36 COMP. GEN. 71, THE MEMBER IS NOT ENTITLED TO A DISLOCATION ALLOWANCE FOR THE MOVEMENT OF HIS DEPENDENTS INCIDENT TO HIS ASSIGNMENT TO THE NAVY HOSPITAL IN SAN DIEGO, CALIFORNIA, SINCE IT WAS HIS FIRST PERMANENT ASSIGNMENT AFTER HIS REENLISTMENT. HOWEVER, IT IS HIS VIEW THAT UNDER THE PRINCIPLES STATED IN 48 COMP. GEN. 603, DATED MARCH 14, 1969, THE MEMBER WOULD BE ENTITLED TO A DISLOCATION ALLOWANCE UPON FURTHER TRANSFER FROM THE HOSPITAL AT WHICH HE STAYED FOR PROLONGED TREATMENT TO A PERMANENT DUTY STATION. BUT SINCE THE APPLICABLE NAVY TRAVEL INSTRUCTIONS PROVIDE THAT A HOSPITAL MAY NOT BE CONSIDERED AS THE PERMANENT DUTY STATION OF A MEMBER UNDERGOING PROLONGED TREATMENT, THE CHIEF OF NAVAL PERSONNEL EXPRESSES DOUBT AS TO WHETHER A DISLOCATION ALLOWANCE MAY BE PAID UPON THE MEMBER'S NEXT CHANGE OF PERMANENT STATION AND HE REQUESTS A DETERMINATION IN THE MATTER.

ON THE BASIS OF OUR RULING IN 48 COMP. GEN. 603, CHAPTER 9 OF THE JOINT TRAVEL REGULATIONS WAS AMENDED EFFECTIVE JANUARY 1, 1970, BY ADDING SUBPARAGRAPH B TO PARAGRAPH M9003-3 TO PROVIDE FOR THE PAYMENT OF A DISLOCATION ALLOWANCE "AS FOR A PERMANENT CHANGE OF STATION" TO A MEMBER WITH DEPENDENTS WHO RELOCATES HIS HOUSEHOLD INCIDENT TO HIS TRANSFER FROM INSIDE THE UNITED STATES TO A HOSPITAL WITHIN THE UNITED STATES FOR OBSERVATION AND TREATMENT, PROVIDED A STATEMENT OF PROLONGED HOSPITALIZATION HAS BEEN ISSUED BY THE COMMANDING OFFICER OF THE RECEIVING HOSPITAL. HOWEVER, PARAGRAPH M9004-1, ITEM 1, OF THE REGULATIONS PROVIDES IN PERTINENT PART THAT A 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 REENLISTMENT.

A MEMBER WHO SEVERS ALL CONNECTION WITH HIS MILITARY SERVICE AT HIS OLD STATION WHEN DISCHARGED UNDER ORDERS THAT CONTEMPLATE NOTHING MORE THAN HE BE PROCESSED FOR DISCHARGE, AND WHO THEREUPON REENLISTS AND PROCEEDS UNDER ORDERS ISSUED AT POINT OF REENLISTMENT TO A NEW STATION, WOULD NOT BE ENTITLED TO A DISLOCATION ALLOWANCE UPON THE RELOCATION OF HIS DEPENDENTS INCIDENT TO SUCH ORDERS. 36 COMP. GEN. 71; 38 ID. 405.

UNDER OTHER CIRCUMSTANCES, THE RELOCATION OF THE MEMBER'S HOUSEHOLD INCIDENT TO HIS TRANSFER TO THE U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, FOR PROLONGED TREATMENT WOULD HAVE ENTITLED HIM TO DISLOCATION ALLOWANCE UNDER THE PROVISIONS OF PARAGRAPH M9003-3B, JOINT TRAVEL REGULATIONS. HOWEVER, SINCE THE MEMBER WAS DISCHARGED FROM HIS LAST DUTY STATION WITH NO FURTHER ASSIGNMENT CONTEMPLATED. PHILADELPHIA, WHERE HE REENLISTED 10 DAYS LATER, MUST BE CONSIDERED AS THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY WITHIN THE MEANING OF PARAGRAPH M9004-1, ITEM 1, OF THE REGULATIONS, AND HE IS NOT ENTITLED TO A DISLOCATION ALLOWANCE FOR THE RELOCATION OF HIS HOUSEHOLD INCIDENT TO HIS TRANSFER TO SAN DIEGO FOR PROLONGED HOSPITALIZATION.

WHILE AN ASSIGNMENT TO A HOSPITAL SOLELY FOR PROLONGED MEDICAL TREATMENT IS NOT A PERMANENT DUTY ASSIGNMENT, UNDER THE PROVISIONS OF PARAGRAPHS M9003-3B AND M9004-1, ITEM 1, OF THE REGULATION IT IS TO BE TREATED THE SAME AS A PERMANENT DUTY ASSIGNMENT FOR DISLOCATION ALLOWANCE PURPOSES. ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF THE MEMBER'S CLAIM, AND THE SUBMITTED VOUCHER WILL BE RETAINED HERE.

THE QUESTION PERTAINING TO THE PROPRIETY OF PAYMENT OF A DISLOCATION ALLOWANCE UPON THE RELOCATION OF THE MEMBER'S HOUSEHOLD INCIDENT TO HIS TRANSFER FROM THE HOSPITAL TO A PERMANENT DUTY STATION IS NOT PROPERLY FOR CONSIDERATION BY OUR OFFICE AT THIS TIME AS IT DOES NOT SPECIFICALLY PERTAIN TO THE MEMBER'S CLAIM. HOWEVER, IN VIEW OF THE INTEREST EXPRESSED BY THE CHIEF OF NAVAL PERSONNEL IN THE MATTER, IT MAY BE STATED THAT SINCE UNDER PARAGRAPH M7004-5, JOINT TRAVEL REGULATIONS, A MEMBER WHOSE DEPENDENTS HAD MOVED AT GOVERNMENT EXPENSE AS FOR A PERMANENT CHANGE OF STATION INCIDENT TO HIS ASSIGNMENT TO A HOSPITAL FOR EXTENDED TREATMENT WOULD BE ENTITLED TO THE FURTHER TRANSPORTATION OF HIS DEPENDENTS UPON HIS TRANSFER FROM THE HOSPITAL TO A PERMANENT DUTY STATION, WE ARE OF THE OPINION THAT, IF OTHERWISE ELIGIBLE, HE WOULD ALSO BE ENTITLED TO A DISLOCATION ALLOWANCE UPON THE RELOCATION OF HIS HOUSEHOLD INCIDENT TO SUCH TRANSFER. CF. 48 COMP. ..END :

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