B-158473, MAR. 22, 1966, 45 COMP. GEN. 589

B-158473, MAR. 22, 1966, 45 COMP. GEN. 589

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - TIME LIMITATIONS - PERMANENT CHANGE OF STATION. AN AIR FORCE OFFICER WHO MORE THAN 2 YEARS AFTER ISSUANCE OF PERMANENT CHANGE-OF-STATION ORDERS TRANSFERRING HIM FROM A HOSPITAL ASSIGNMENT TO THE AREA WHERE HE HAD SERVED AS A ROTC STAFF MEMBER AND WHERE HIS DEPENDENTS CONTINUED TO RESIDE, MOVED HIS DEPENDENTS TO ON BASE HOUSING AS HIS PRESENCE WAS REQUIRED ON THE BASE, IS NOT PRECLUDED BY THE DELAYED MOVE FROM ENTITLEMENT TO DEPENDENT TRAVEL AND DISLOCATION ALLOWANCES, NO TIME LIMITATION BEING IMPOSED ON THE EXERCISE OF THE RIGHT TO DEPENDENT TRAVEL INCIDENT TO A PERMANENT CHANGE-OF-DUTY STATION, AND THE FACT THE MOVE WAS DELAYED FOR PERSONAL REASONS PENDING THE SALE OF THE OFFICER'S HOUSE DOES NOT AFFECT HIS RIGHT TO MOVE HIS DEPENDENTS AT GOVERNMENT EXPENSE DURING THE PERIOD HIS ORDERS REMAIN IN EFFECT AND PRIOR TO RECEIPT OF NOTICE OF A FURTHER CHANGE OF STATION, AND THE RELOCATION OF THE OFFICER'S DEPENDENTS FROM THEIR AREA RESIDENCE TO THE ON-BASE HOUSING, A DISTANCE OF 31 MILES, OCCURRING INCIDENT TO HIS PERMANENT CHANGE OF STATION ORDERS HE IS ENTITLED TO DEPENDENT TRAVEL AND DISLOCATION ALLOWANCES. QUARTERS ALLOWANCE - GOVERNMENT QUARTERS - EFFECT OF OCCUPANCY ON ALLOWANCE ENTITLEMENT THE OCCUPANCY BY AN AIR FORCE OFFICER AND HIS DEPENDENTS OF VISITING OFFICERS QUARTERS FOR A PERIOD OF LESS THAN 30 DAYS AT THE OFFICER'S NEW PERMANENT DUTY STATION WHILE AWAITING THE ASSIGNMENT OF SUITABLE ON BASE HOUSING DOES NOT DEPRIVE THE OFFICER OF ENTITLEMENT TO A BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD OF THE TEMPORARY OCCUPANCY, SECTION 403 OF EXECUTIVE ORDER NO. 11157, DATED JUNE 22, 1964, PROVIDING FOR TEMPORARY OCCUPANCY OF GOVERNMENT QUARTERS BY A MEMBER AND HIS DEPENDENTS WITHOUT LOSS OF BASIC ALLOWANCE FOR QUARTERS FOR A PERIOD NOT TO EXCEED 30 DAYS WHILE A MEMBER IS IN A DUTY OR LEAVE STATUS "INCIDENT TO A CHANGE OF PERMANENT STATION," AND THE RIGHT TO THE ALLOWANCE IS NOT AFFECTED BY A MORE THAN 2-YEAR DELAY IN MOVING TO ON-BASE HOUSING, THE TEMPORARY OCCUPANCY OF THE VISITING QUARTERS RESULTING FROM THE MOVEMENT OF THE OFFICER'S DEPENDENTS INCIDENT TO A PERMANENT CHANGE OF STATION.

TO MAJOR JAMES B. MCCRACKEN, DEPARTMENT OF THE AIR FORCE, MARCH 22, 1966:

BY SECOND ENDORSEMENT DATED FEBRUARY 4, 1966, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF OCTOBER 12, 1965, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF MAKING PAYMENT OF A DISLOCATION ALLOWANCE AND DEPENDENT TRAVEL ALLOWANCE IN THE CASE OF MAJOR RICHARD A. DOTSON, 39008A, USAF, UNDER THE CIRCUMSTANCES DISCLOSED. THE REQUEST FOR DECISION WAS ASSIGNED PDTATAC CONTROL NO. 66-4 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY SPECIAL ORDER AD-207, KEESLER AIR FORCE BASE, MISSISSIPPI, DATED APRIL 9, 1963, MAJOR DOTSON WAS RELIEVED FROM ASSIGNMENT AT THE PATIENT SQUADRON SECTION, USAF HOSPITAL, KEESLER, AND ASSIGNED ON PERMANENT CHANGE OF STATION TO THE 823D AIR DIVISION, SAC, HOMESTEAD AIR FORCE BASE, FLORIDA, TO REPORT AT THAT STATION NOT LATER THAN MAY 15, 1963. THOSE ORDERS INDICATED THAT PAYMENT OF A DISLOCATION ALLOWANCE WOULD BE CHARGED TO THE APPROPRIATION THERE SHOWN.

YOU SAY THAT PRIOR TO THE OFFICER'S ASSIGNMENT TO THE USAF HOSPITAL, KEESLER AIR FORCE BASE, MISSISSIPPI, HE WAS ASSIGNED AS A MEMBER OF THE ROTC STAFF AT THE UNIVERSITY OF MIAMI AND THAT HE MAINTAINED A RESIDENCE IN MIAMI IN THE PROXIMITY OF THE UNIVERSITY. YOU FURTHER SAY THAT THE OFFICER'S FAMILY CONTINUED TO RESIDE AT THE MIAMI ADDRESS WHILE HE WAS AT KEESLER AIR FORCE BASE AND FOLLOWING HIS RETURN AND ASSIGNMENT AT HOMESTEAD AIR FORCE BASE UNTIL AUGUST 30, 1965, WHEN HE MOVED TO ON-BASE HOUSING. THE OFFICER VACATED HIS RESIDENCE IN MIAMI, YOU SAY, WITH INTENT TO MOVE INTO ON-BASE CAPEHART QUARTERS ON AUGUST 30, 1965, THE DATE HE CONSUMMATED THE SALE OF HIS HOUSE IN MIAMI; HOWEVER, SINCE NO QUARTERS SUITABLE FOR HIMSELF AND FAMILY WERE AVAILABLE, HE WAS TEMPORARILY ASSIGNED TO THE VISITING OFFICERS' QUARTERS AND OCCUPIED THOSE QUARTERS UNTIL SEPTEMBER 24, 1965, WHEN HE WAS ASSIGNED CAPEHART HOUSING. DURING THIS TEMPORARY ASSIGNMENT, YOU SAY HIS HOUSEHOLD GOODS WERE IN TEMPORARY STORAGE. IT IS STATED THAT THE OFFICER SAYS HE WAS REQUESTED TO MOVE ON BASE DUE TO THE IMPORTANCE OF HIS JOB, AND THAT PRIOR TO HIS ASSIGNMENT AT HOMESTEAD THE OFFICER HAD BEEN ATTEMPTING TO SELL HIS HOUSE IN MIAMI, THE SALE BEING CONSUMMATED ON AUGUST 30, 1965.

DUE TO THE LAPSE OF TIME BETWEEN APRIL 9, 1963, THE DATE OF THE OFFICER'S ORDERS ASSIGNING HIM TO DUTY AT HOMESTEAD AIR FORCE BASE, AND AUGUST 30, 1965, THE DATE HE ACTUALLY MOVED HIS DEPENDENTS TO THAT BASE, YOU QUESTIONED WHETHER THERE WAS IN "IMPLIED COMPLETE" PERMANENT CHANGE OF STATION AND YOU ASK "IS THERE A TIME LIMIT DURING WHICH A MILITARY MEMBER CAN EXERCISE DEPENDENT MOVE RIGHTS IN CONJUNCTION WITH A PERMANENT CHANGE OF STATION (PCS).' APPARENTLY YOUR QUESTION IS WHETHER THE OFFICER'S CHANGE OF STATION MAY BE IMPLIED AS HAVING BEEN COMPLETED BEFORE THE MOVEMENT OF HIS DEPENDENTS, SO THAT THEIR MOVEMENT TO HIS STATION WOULD NOT BE REGARDED AS INCIDENT TO THE ORDERED CHANGE OF STATIONS. YOU EXPRESS THE VIEW THAT SUCH AN IMPLIED PERMANENT CHANGE OF STATION MIGHT BE AFFECTED BY THE MEMBER'S EFFORTS TO DISPOSE OF HIS PROPERTY PRIOR TO HIS ASSIGNMENT TO HOMESTEAD AIR FORCE BASE; HOWEVER, SINCE THE OFFICER'S MOVE ON BASE WAS DESIRED BY THE MILITARY AUTHORITIES, YOU EXPRESS CONCERN WHETHER SUCH MOVE IS OUTSIDE THE SCOPE OF THE PERMANENT CHANGE-OF-STATION MOVEMENT. IN ADDITION, YOU ASK WHETHER THE MEMBER'S BASIC ALLOWANCE FOR QUARTERS IS AFFECTED DURING THE PERIOD HE RESIDED IN THE VISITING OFFICERS' QUARTERS.

UNDER THE PROVISIONS OF 37 U.S.C. 406 AND 407 AUTHORITY IS PROVIDED FOR THE TRANSPORTATION OF A MEMBER'S DEPENDENTS AND FOR THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO A DIRECTED PERMANENT CHANGE OF STATION. THE ABOVE-MENTIONED ORDERS OF APRIL 9, 1963, RELIEVED MAJOR DOTSON FROM HIS ASSIGNMENT AT THE HOSPITAL AT KEESLER AIR FORCE BASE, MISSISSIPPI, AND DIRECTED A PERMANENT CHANGE OF STATION TO HOMESTEAD AIR FORCE BASE, FLORIDA. UNLIKE THE 1-YEAR LIMITATION IMPOSED ON DEPENDENT TRAVEL TO HOME OF SELECTION AS PROVIDED IN PARAGRAPH 7010 OF THE JOINT TRAVEL REGULATIONS, WE ARE NOT AWARE OF ANY SUCH TIME LIMITATION WITHIN WHICH A MEMBER MUST EXERCISE HIS RIGHT TO DEPENDENT TRAVEL INCIDENT TO HIS PERMANENT CHANGE-OF-STATION TRANSFER FROM ONE DUTY STATION TO ANOTHER DUTY STATION. IT HAS BEEN HELD, HOWEVER, THAT WHILE DELAY IN RELOCATING A MEMBER'S HOUSEHOLD INCIDENT TO A PERMANENT CHANGE OF STATION DOES NOT OF ITSELF BAR PAYMENT FOR THE MOVE WHEN MADE, SUCH DELAY, WHEN COUPLED WITH THE FACT THAT THE MOVE WAS MADE TO ANOTHER LOCATION WITHIN THE SAME AREA, IS FURTHER INDICATION THAT IT MUST HAVE BEEN FOR PERSONAL REASONS AND NOT THE RESULT OF THE PERMANENT CHANGE OF STATION. SEE ENCLOSED COPY OF OUR DECISION OF JANUARY 7, 1965, B-155539.

WHILE THE RECORD INDICATES THAT THE MOVEMENT OF THE OFFICER'S DEPENDENTS TO HIS NEW STATION WAS DELAYED FOR OVER 2 YEARS FOR PERSONAL REASONS, PENDING THE SALE OF HIS HOUSE IN MIAMI, SUCH FACT ALONE AFFORDS NO BASIS FOR CONCLUDING THAT THE RELOCATION OF HIS HOUSEHOLD FROM MIAMI TO HOMESTEAD AIR FORCE BASE MAY NOT BE REGARDED AS THE RESULT OF HIS PERMANENT CHANGE-OF-STATION ORDERS. UNDER THE ORDERS OF APRIL 9, 1963, THE OFFICER HAD A RIGHT TO MOVE HIS DEPENDENTS FROM HIS RESIDENCE IN MIAMI TO HIS NEW STATION AT HOMESTEAD AIR FORCE BASE AT ANY TIME DURING THE PERIOD THOSE ORDERS REMAINED IN EFFECT AND PRIOR TO RECEIPT OF NOTICE OF FURTHER CHANGE OF STATIONS. IN SUCH CIRCUMSTANCES AND SINCE THE RECORD INDICATES THAT THERE WAS A MILITARY NEED FOR THE PRESENCE OF THE OFFICER TO RESIDE ON THE BASE, THE RELOCATION OF HIS DEPENDENTS FROM HIS RESIDENCE IN MIAMI TO ON-BASE HOUSING AT HOMESTEAD AIR FORCE BASE, A DISTANCE OF 31 MILES, MAY BE CONSIDERED AS HAVING RESULTED FROM HIS PERMANENT CHANGE-OF- STATION ORDERS OF APRIL 9, 1963, SO AS TO ENTITLE HIM TO DEPENDENT TRAVEL AND DISLOCATION ALLOWANCE INCIDENT TO THOSE ORDERS.

ACCORDINGLY, PAYMENT OF THE VOUCHER FOR DEPENDENT TRAVEL AND DISLOCATION ALLOWANCE IS AUTHORIZED, IF OTHERWISE CORRECT. THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED.

WITH RESPECT TO YOUR QUESTION WHETHER THE OFFICER'S BASIC ALLOWANCE FOR QUARTERS IS AFFECTED DURING THE PERIOD HE RESIDED IN THE VISITING OFFICERS' QUARTERS (AUGUST 30 TO SEPTEMBER 23, 1965), SECTION 403 OF EXECUTIVE ORDER NO. 11157, DATED JUNE 22, 1964, PROMULGATED PURSUANT TO 37 U.S.C. 403 (G), PROVIDES IN PERTINENT PART AS FOLLOWS:

ANY QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES (A) BY A MEMBER AND HIS DEPENDENTS, OR (B) AT HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS, OR (C) BY THE DEPENDENTS OF A MEMBER OF FIELD DUTY OR ON SEA DUTY OR ON DUTY AT A STATION WHERE ADEQUATE QUARTERS ARE NOT AVAILABLE FOR HIS DEPENDENTS, SHALL BE DEEMED TO HAVE BEEN ASSIGNED TO SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS, AND NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO SUCH MEMBER UNDER SUCH CIRCUMSTANCES UNLESS THE OCCUPANCY (I) OCCURS WHILE SUCH MEMBER IS IN A DUTY OR LEAVE STATUS INCIDENT TO A CHANGE OF PERMANENT STATION AND IS OF TEMPORARY NATURE UNDER STANDARDS PRESCRIBED BY REGULATIONS ISSUED BY THE SECRETARY OF DEFENSE IN THE CASE OF MEMBERS OF THE ARMY, NAVY, AIR FORCE, OR MARINE CORPS * * *.

CHAPTER 3, AIR FORCE MANUAL, 177-105 (TABLE 1-3-9), IMPLEMENTING EXECUTIVE ORDER NO. 11157, AUTHORIZES A CONTINUATION OF BASIC ALLOWANCE FOR QUARTERS FOR NOT MORE THAN 30 CONSECUTIVE DAYS AT ANY LOCATION WHERE THE MEMBER AND HIS DEPENDENTS OCCUPY TRANSIENT GOVERNMENT QUARTERS WHILE IN A DUTY OR LEAVE STATUS INCIDENT TO A PERMANENT CHANGE OF STATION. CLAUSE (I) OF EXECUTIVE ORDER NO. 11157 AND THE IMPLEMENTING REGULATIONS PERMIT THE TEMPORARY OCCUPANCY OF GOVERNMENT QUARTERS SUCH AS A GUEST HOUSE BY A MEMBER AND HIS DEPENDENTS WITHOUT LOSS OF BASIC ALLOWANCE FOR QUARTERS FOR A PERIOD NOT TO EXCEED 30 DAYS WHILE SUCH MEMBER IS IN A DUTY OR LEAVE STATUS "INCIDENT TO A CHANGE OF PERMANENT STATION.' AS A GENERAL RULE, THE TEMPORARY OCCUPANCY OF GOVERNMENT QUARTERS BY A MEMBER AND HIS DEPENDENTS WHILE HE IS IN A DUTY OR LEAVE STATUS INCIDENT TO A CHANGE OF PERMANENT STATION NORMALLY WOULD OCCUR AT OR SHORTLY AFTER HIS ARRIVAL AT HIS NEW STATION WHILE HE IS LOOKING FOR PRIVATE QUARTERS OR PENDING ASSIGNMENT TO PERMANENT TYPE GOVERNMENT QUARTERS. THE EXECUTIVE ORDER, HOWEVER, MERELY STATES, WITHOUT QUALIFICATION, THAT TEMPORARY OCCUPANCY IS PERMITTED WHEN IT OCCURS WHILE THE MEMBER IS IN A DUTY OR LEAVE STATUS "INCIDENT TO A CHANGE OF PERMANENT STATION.' WHILE THE DELAYED MOVE IN THIS CASE GIVES RISE TO SOME DOUBT IN THE MATTER, THE OCCUPANCY OF THE QUARTERS OCCURRED AS A RESULT OF THE MOVEMENT OF THE DEPENDENTS TO HIS STATION INCIDENT TO HIS PERMANENT CHANGE OF STATION AND, HENCE, WE DO NOT BELIEVE THE CIRCUMSTANCES ARE SUCH AS TO OVERCOME THE MEMBER'S RIGHT TO BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD HE AND HIS DEPENDENTS OCCUPIED VISITING OFFICER'S QUARTERS.