B-197356, SEPTEMBER 5, 1980, 59 COMP.GEN. 708

B-197356, SEPTEMBER 5, 1980, 59 COMP.GEN. 708

MILITARY PERSONNEL - DISLOCATION ALLOWANCE - MEMBERS WITHOUT DEPENDENTS UNABLE TO OCCUPY ASSIGNED QUARTERS - HOME PORT CHANGE - EXPENSE REIMBURSEMENT IN LIEU OF ALLOWANCE A NAVAL OFFICER WITHOUT DEPENDENTS IS NOT ENTITLED TO A DISLOCATION ALLOWANCE WHEN HE IS REQUIRED TO OBTAIN NON-GOVERNMENT QUARTERS BECAUSE HIS SHIP IS DECLARED UNINHABITABLE DUE TO OVERHAUL AND REPAIR UPON THE SHIP'S ARRIVAL AT A NEW HOME PORT. HOWEVER, AN OFFICER IN THIS SITUATION IS ENTITLED TO REIMBURSEMENT UNDER THE PROVISIONS OF 10 U.S.C. 7572(B) FOR EXPENSES INCURRED INCIDENT TO OBTAINING PRIVATE QUARTERS.

MATTER OF: DISLOCATION ALLOWANCE - LT. (JG.) GARY W. WESTFALL, SEPTEMBER 5, 1980:

THIS IS IN RESPONSE TO A REQUEST FOR AN ADVANCE DECISION AS TO WHETHER LIEUTENANT (JG.) GARY W. WESTFALL, A MEMBER WITHOUT DEPENDENTS, IS ENTITLED TO A DISLOCATION ALLOWANCE INCIDENT TO OBTAINING OFF-BASE QUARTERS IN CONNECTION WITH A CHANGE IN HOME PORT OF HIS SHIP. THE ANSWER IS NO.

THIS REQUEST FOR DECISION WAS PRESENTED BY THE CENTRAL DISBURSING OFFICER, NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, AND WAS FORWARDED TO THIS OFFICE BY ENDORSEMENT OF THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE DATED JANUARY 4, 1980, AND HAS BEEN ASSIGNED PDTATAC CONTROL NO. 80-1.

THE RECORD INDICATES THAT THE HOME PORT OF THE U.S.S. POLLACK WAS CHANGED FROM SAN DIEGO, CALIFORNIA, TO MARE ISLAND NAVAL SHIPYARD IN VALLEJO, CALIFORNIA, FOR REGULAR OVERHAUL EFFECTIVE MARCH 21, 1979. HOWEVER, THE SHIP DID NOT ACTUALLY LEAVE SAN DIEGO UNTIL APRIL 18, 1979, BECAUSE OF A CHANGE IN THE SHIPYARD OVERHAUL COMMENCEMENT DATE. WHEN THE SHIP ARRIVED AT VALLEJO ON APRIL 21, 1979, THE COMMANDING OFFICER DECLARED THE SHIP UNINHABITABLE DUE TO CONDITIONS INCIDENT TO THE VESSEL'S OVERHAUL AND REPAIR. THE MEMBER, WHO WAS PERMANENTLY ATTACHED TO THE VESSEL AND WHO HAD BEEN LIVING ABOARD, WAS FORCED TO OBTAIN OFF-BASE QUARTERS BECAUSE NO GOVERNMENT QUARTERS WERE AVAILABLE.

UNDER THE PROVISIONS OF 37 U.S.C. 407(A) A MEMBER WITHOUT DEPENDENTS IS ENTITLED TO A DISLOCATION ALLOWANCE WHEN HE IS TRANSFERRED TO A PERMANENT STATION WHERE HE IS NOT ASSIGNED TO GOVERNMENT QUARTERS.

SECTION 411(A) OF TITLE 37, U.S.C. (1970), PROVIDES IN PERTINENT PART THAT FOR THE ADMINISTRATION OF SPECIFIED SECTIONS OF THAT TITLE, INCLUDING SECTION 407, THE SECRETARY CONCERNED SHALL DEFINE THE WORDS "PERMANENT STATION." THE DEFINITION SHALL INCLUDE A SHORE STATION OR THE HOME YARD OR HOME PORT OF A VESSEL TO WHICH A MEMBER OF A UNIFORMED SERVICE WHO IS ENTITLED TO BASIC PAY MAY BE ORDERED. IT PROVIDES FURTHER THAN AN AUTHORIZED CHANGE IN THE HOME YARD OR HOME PORT OF SUCH A VESSEL IS A CHANGE OF PERMANENT STATION (SECTION 411DD)).

A DEFINITION OF PERMANENT STATION IS CONTAINED IN APPENDIX J OF VOLUME 1 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 411(D) OF TITLE 37, UNITED STATES CODE. FOR THE MEMBER, HIMSELF, THE SHIP IS HIS PERMANENT STATION. IN CASES WHERE A MEMBER HAS DEPENDENTS, THE PERMANENT STATION INCLUDES THE HOME PORT OF THE VESSEL FOR THE PURPOSES OF TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS.

THUS, A MEMBER WITHOUT DEPENDENTS WHO IS ASSIGNED TO QUARTERS ON A SHIP IS AT HIS PERMANENT STATION. IF THE QUARTERS ARE DECLARED UNINHABITABLE WHEN THERE IS NO CHANGE IN THE HOME PORT, THE MEMBER IS NOT ENTITLED TO A DISLOCATION ALLOWANCE ON MOVING INTO NON-GOVERNMENT QUARTERS. LIKEWISE, WHEN HIS PERMANENT STATION, THE SHIP, IS ASSIGNED TO A DIFFERENT HOME PORT AND HE CONTINUES TO BE ASSIGNED QUARTERS ON THE SHIP UNTIL DECLARED UNINHABITABLE, HE IS NOT ENTITLED TO THE DISLOCATION ALLOWANCE. SEE B-184289, SEPTEMBER 16, 1975, INVOLVING AN IDENTICAL FACTUAL SITUATION.

THIS IS DISTINGUISHABLE FROM THE CASE OF A MEMBER WITHOUT DEPENDENTS WHO RECEIVES A PERMANENT CHANGE OF STATION AND ON REPORTING TO A VESSEL IS NOT ASSIGNED QUARTERS ON THE SHIP BECAUSE THEY HAVE BEEN DECLARED UNINHABITABLE AND AS A RESULT BECOMES ENTITLED TO A DISLOCATION ALLOWANCE. SEE 48 COMP.GEN. 480, 485(1969). IN SUCH A CASE THE MEMBER DID CHANGE HIS DUTY STATION WHILE IN THIS CASE THE SHIP REMAINS THE MEMBER'S DUTY STATION.

ACCORDINGLY, IN THE CIRCUMSTANCES OF MR. WESTFALL'S CASE HE IS NOT ENTITLED TO A DISLOCATION ALLOWANCE.

HOWEVER, SECTION 7572(A) OF TITLE 10, U.S.C. PROVIDES THAT THE SECRETARY OF THE NAVY MAY PROVIDE LODGING ACCOMMODATIONS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE WHERE THE MEMBER IS DEPRIVED OF QUARTERS ON BOARD SHIP DUE TO REPAIRS AND WHO IS NOT ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS MAY BE REIMBURSED FOR THE EXPENSES INCURRED IN OBTAINING QUARTERS UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY. PARAGRAPH 30212 OF THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL PROVIDES FOR REIMBURSEMENT FOR THE EXPENSES ASSOCIATED WITH OBTAINING QUARTERS NOT TO EXCEED THE APPLICABLE BASIC ALLOWANCE FOR QUARTERS WHERE THE OFFICER IS NOT RECEIVING BASIC ALLOWANCE FOR QUARTERS.

ACCORDINGLY, MR. WESTFALL MAY BE REIMBURSED IN ACCORDANCE WITH 10 U.S.C. 7572(B) ONLY, AND HE IS NOT ENTITLED TO A DISLOCATION ALLOWANCE UNDER 37 U.S.C. 407(A). THE VOUCHER ACCOMPANYING THE REQUEST FOR DECISION WILL BE RETAINED HERE.