B-132194, AUGUST 28, 1957, 37 COMP. GEN. 140

B-132194, AUGUST 28, 1957, 37 COMP. GEN. 140

MILITARY PERSONNEL - PERMANENT CHANGE OF STATION FOLLOWING COURSE OF INSTRUCTION - PER DIEM - DISLOCATION ALLOWANCE A MARINE CORPS ENLISTED MAN WHO IS DIRECTED TO DUTY AT A DESIGNATED STATION FOLLOWING A PERIOD OF TEMPORARY DUTY UNDER INSTRUCTION BUT WHO, PRIOR TO COMPLETION OF THE COURSE, IS DIRECTED TO ANOTHER PERMANENT STATION IS REGARDED AS HAVING BEEN ASSIGNED TO A PERMANENT STATION FROM THE TIME OF ARRIVAL AT THE COURSE OF INSTRUCTION SO AS TO PRECLUDE ENTITLEMENT TO PER DIEM FOR THE TEMPORARY DUTY, AND INASMUCH AS THE PERMANENT NATURE OF THE FIRST STATION CHANGE ARISES BECAUSE OF THE ASSIGNMENT FOLLOWING THE COURSE OF INSTRUCTION, THE MEMBER IS NOT ENTITLED TO A SECOND DISLOCATION ALLOWANCE FOR THE SUBSEQUENT CHANGE OF STATION UNDER 37 U.S.C. 253 (C) WHICH EXEMPTS PERMANENT SERVICE SCHOOL STATION CHANGES FROM THE LIMITATION ON PAYMENT OF MORE THAN ONE DISLOCATION ALLOWANCE IN A FISCAL YEAR.

TO T. W. TURCOTTE, HEADQUARTERS, UNITED STATES MARINE CORPS, AUGUST 28, 1957:

BY FIRST ENDORSEMENT OF MAY 30, 1957, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF APRIL 1, 1957, REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF STAFF SERGEANT THOMAS E. BECK, USMC, TO PER DIEM, REIMBURSEMENT FOR TRAVEL OF DEPENDENTS, AND A SECOND PAYMENT OF DISLOCATION ALLOWANCE FOR THE FISCAL YEAR 1957, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED OCTOBER 11, 1956, AS DIRECTED BY MARINE CORPS SPECIAL ORDER NO. 194-56, SERGEANT BECK WAS RETURNED FROM DUTY OVERSEAS TO THE UNITED STATES AND ASSIGNED TO THE MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA, FOR TEMPORARY DUTY UNDER INSTRUCTION IN THE AERIAL NAVIGATION SCHOOL FOR APPROXIMATELY 16 WEEKS. SUCH ORDERS DIRECTED HIM, UPON COMPLETION OF THE COURSE OF INSTRUCTION, TO REPORT AT THE SAME STATION FOR DUTY. HE REPORTED AS DIRECTED AT CHERRY POINT FOR TEMPORARY DUTY UNDER INSTRUCTION ON JANUARY 7, 1957. HE FAILED TO MAKE SATISFACTORY PROGRESS IN THE COURSE OF INSTRUCTION AND WAS SEPARATED FROM THE AERIAL NAVIGATION SCHOOL ON FEBRUARY 4, 1957. UNDER AUTHORITY OF NAVAL SPEEDLETTER DATED FEBRUARY 18, 1957, HIS BASIC ORDERS WERE AMENDED BY SIXTH ENDORSEMENT DATED FEBRUARY 27, 1957, TO DIRECT HIM TO PROCEED ON MARCH 4, 1957, TO CAMP LEJEUNE, NORTH CAROLINA, FOR DUTY. HE REPORTED FOR DUTY AT CAMP LEJEUNE ON MARCH 5, 1957. HE HAS CERTIFIED THAT HIS DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM HAVELOCK, NORTH CAROLINA, TO MIDWAY PARK, NORTH CAROLINA, BETWEEN MARCH 4 AND 5, 1957. HE CLAIMS REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS AND A DISLOCATION ALLOWANCE. THE REQUEST FOR PAYMENT FOR DISLOCATION ALLOWANCE CONTAINS THE STATEMENT THAT "THIS IS SECOND CLAIM FOR DISLOCATION ALLOWANCE FISCAL YEAR 1957. FIRST CLAIM PAID ON PERMANENT CHANGE OF STATION TO RECOGNIZED MARINE CORPS SCHOOL.' ALSO, HE CLAIMS PER DIEM AT THE RATE OF $1 PER DAY FOR THE PERIOD JANUARY 7 TO MARCH 4, 1957, WHILE PERFORMING DUTY AT CHERRY POINT, NORTH CAROLINA.

TO BE ENTITLED TO PER DIEM UNDER THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, 37 U.S.C. 253 (A), AND IMPLEMENTING REGULATIONS, MEMBERS OF THE UNIFORMED SERVICES MUST BE IN A STATUS OF TRAVELING "AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' PERMANENT STATION IS DEFINED IN PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS AS INCLUDING THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED. IT HAS BEEN HELD THAT WHEN A MEMBER IS DIRECTED TO PROCEED TO A PARTICULAR CITY FOR TEMPORARY DUTY AND LATER REPORT TO ANOTHER INSTALLATION IN THE SAME CITY FOR DUTY, HIS TRAVEL STATUS ENDS UPON HIS ARRIVAL IN THAT CITY AND NO RIGHT TO PER DIEM ACCRUES FOR SUCH TEMPORARY DUTY. B-121605, OCTOBER 25, 1954, AND 34 COMP. GEN. 427.

SERGEANT BECK'S ORDERS DIRECTED HIM TO REPORT FOR DUTY AT CHERRY POINT, NORTH CAROLINA, FOLLOWING A PERIOD OF TEMPORARY DUTY UNDER INSTRUCTION THERE AND HENCE CHERRY POINT WAS HIS DESIGNATED POST OF DUTY AND, IN EFFECT, HIS PERMANENT STATION FROM THE TIME HE ARRIVED THERE. THE EFFECT OF THE NAVAL SPEEDLETTER DATED FEBRUARY 18, 1957, AND SIXTH ENDORSEMENT THEREON DATED FEBRUARY 27, 1957, WAS TO DIRECT AN ADDITIONAL CHANGE OF PERMANENT STATION FROM CHERRY POINT TO CAMP LEJEUNE. HENCE, SERGEANT BECK IS NOT ENTITLED TO PER DIEM FOR THE PERIOD JANUARY 7 TO MARCH 4, 1957, WHILE PERFORMING DUTY AT CHERRY POINT. HE IS, HOWEVER, ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS FROM HAVELOCK, NORTH CAROLINA, TO MIDWAY PARK, NORTH CAROLINA, NOT TO EXCEED THE COST FROM OLD DUTY STATION, CHERRY POINT, TO NEW DUTY STATION, CAMP LEJEUNE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY SECTION 2 (12) OF THE ACT OF MARCH 31, 1955, 69 STAT. 18, 21, 37 U.S.C. 253 (C), AUTHORIZES, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, PAYMENT OF A DISLOCATION ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION. IT PROVIDES FURTHER THAT THE MEMBER SHALL BE ENTITLED TO THE PAYMENT OF A DISLOCATION ALLOWANCE FOR NOT MORE THAN ONE PERMANENT CHANGE OF STATION DURING ANY FISCAL YEAR, EXCEPT ON THE FINDING OF THE SECRETARY OF THE DEPARTMENT CONCERNED THAT THE EXIGENCIES OF THE SERVICE REQUIRE MORE THAN ONE SUCH CHANGE OF STATION DURING ANY FISCAL YEAR. IT ALSO PROVIDES THAT THIS LIMITATION UPON THE PAYMENT OF A DISLOCATION ALLOWANCE SHALL NOT APPLY TO MEMBERS OF THE UNIFORMED SERVICES ORDERED TO SERVICE SCHOOLS AS A PERMANENT CHANGE OF STATION. PARAGRAPH 9002-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT STATUTE, AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE WHEN DEPENDENTS HAVE COMPLETED TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION IF TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO BE FURNISHED OR TRAVEL ALLOWANCES ARE AUTHORIZED TO BE PAID. PARAGRAPH 9003-7 OF THE SAME REGULATIONS, IN SETTING FORTH THE CIRCUMSTANCES IN WHICH THE ALLOWANCE IS NOT PAYABLE, INCLUDING THE RESTRICTION ON PAYMENT FOR NOT MORE THAN ONE PERMANENT CHANGE OF STATION DURING ANY FISCAL YEAR, SPECIFICALLY PROVIDES THAT THIS LIMITATION DOES NOT APPLY IN THE CASE OF MEMBERS ORDERED TO, FROM, OR BETWEEN COURSES OF INSTRUCTION CONDUCTED AT MILITARY INSTALLATIONS.

THE ASSIGNMENT OF SERGEANT BECK, BY ORDERS DATED OCTOBER 11, 1956, TO CHERRY POINT FOR A COURSE OF INSTRUCTION SCHEDULED FOR 16 WEEKS WAS NOT AN ASSIGNMENT TO A SERVICE SCHOOL AS A PERMANENT CHANGE OF STATION, THE PERMANENT NATURE OF THE ASSIGNMENT ARISING BECAUSE OF HIS ASSIGNMENT FOLLOWING THE COURSE OF INSTRUCTION. SINCE HE HAS BEEN PAID A DISLOCATION ALLOWANCE FOR THE FISCAL YEAR 1957 (PRESUMABLY FOR HIS PERMANENT CHANGE OF STATION FROM OVERSEAS TO CHERRY POINT), HE IS NOT ENTITLED TO A SECOND DISLOCATION ALLOWANCE FOR THE SUBSEQUENT PERMANENT CHANGES OF STATION DISCLOSED.

ACCORDINGLY, PAYMENT OF THE DEPENDENT TRAVEL VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT. THE PER DIEM VOUCHER AND CLAIM FOR DISLOCATION ALLOWANCE WILL BE RETAINED HERE.