B-115509, NOVEMBER 29, 1954, 34 COMP. GEN. 260

B-115509, NOVEMBER 29, 1954, 34 COMP. GEN. 260

TRANSPORTATION - DEPENDENTS AND HOUSEHOLD EFFECTS - MILITARY PERSONNEL - TRAINING OR SERVICE SCHOOL ASSIGNMENT A REGULATION WHICH ENLARGES THE TERM "PERMANENT STATION" TO INCLUDE STATIONS TO WHICH A MEMBER OF THE UNIFORMED SERVICES IS ORDERED FOR A COURSE OF INSTRUCTION FOR AS LITTLE AS FOUR WEEKS DURATION IS A DEPARTURE FROM THE LONG ACCEPTED CONCEPT THAT A PERMANENT STATION IS A PLACE TO WHICH ASSIGNED FOR REGULAR DUTIES FOR AN INDEFINITE PERIOD, AND WHILE IT MAY BE WITHIN THE PROVINCE OF THE SECRETARIES CONCERNED TO DEFINE "PERMANENT STATION" WITHOUT REGARD TO THE DURATION OF THE SERVICE AT A STATION TO WHICH TRANSPORTATION IS FURNISHED FOR THE MEMBER'S DEPENDENTS AND HOUSEHOLD EFFECTS, THE GENERAL ACCOUNTING OFFICE WOULD BE REQUIRED TO REPORT RESULTING DISBURSEMENTS TO CONGRESS AS AN IMPROVIDENT EXPENDITURE OF PUBLIC FUNDS. ORDERS ASSIGNING MILITARY PERSONNEL TO SCHOOLS FOR LESS THAN 20 WEEKS AT ANY ONE PLACE ARE TEMPORARY DUTY ORDERS AND WHERE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS HAS BEEN PAID INCIDENT TO SUCH ORDERS THE AMOUNT SHOULD BE COLLECTED, NOTWITHSTANDING THE JOINT TRAVEL REGULATIONS INCLUDE UNDER PERMANENT CHANGE OF STATION ORDERS ASSIGNMENTS TO SUCCESSIVE SCHOOLS FOR A TOTAL OF 20 WEEKS INSTRUCTION BUT ONLY FOUR WEEKS OR MORE AT ANY ONE SCHOOL.

ACTING COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF DEFENSE, NOVEMBER 29, 1954:

REFERENCE IS MADE TO THE DECISION ADDRESSED TO YOU ON OCTOBER 8, 1954, B- 115509, WHICH AFFIRMED AN ADVANCE DECISION OF JUNE 23, 1953, 32 COMP. GEN. 569, TO COLONEL CARL J. MELNICK, FINANCE OFFICER, DEPARTMENT OF THE ARMY, AND WENT ON, IN BRIEF, TO HOLD THAT PARAGRAPH 7000-2-2, JOINT TRAVEL REGULATIONS, EITHER AS ORIGINALLY PROMULGATED, OR AS AMENDED BY PARAGRAPH 7011, CHANGE 18, DECEMBER 1, 1953, JOINT TRAVEL REGULATIONS, IS INEFFECTIVE, WITHIN THE LIMITS OF THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION, AS CONTAINED IN SECTION 303C OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, TO AUTHORIZE TRANSPORTATION OF DEPENDENTS INCIDENT TO ORDERS TO A PLACE FOR A COURSE OF INSTRUCTION SCHEDULED FOR LESS THAN 20 WEEKS.

REPRESENTATIVES OF THE SEVERAL ARMED SERVICES NOW HAVE POINTED OUT INFORMALLY THAT THE DECISION DID NOT CONSIDER THE DEFINITION OF "PERMANENT STATION" ISSUED UNDER THE AUTHORITY VESTED IN THE SECRETARIES BY SECTION 303C OF THE CAREER COMPENSATION ACT TO "DEFINE THE TERM "PERMANENT STATION," " AND PUBLISHED IN SUBPARAGRAPH B OF PARAGRAPH 1150-10, CHANGE 22, APRIL 1, 1954, JOINT TRAVEL REGULATIONS. THAT REGULATION IS AS FOLLOWS:

ASSIGNMENT TO SCHOOLS. WHERE A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A SCHOOL OR INSTALLATION, OR SUCCESSIVE SCHOOLS OR INSTALLATIONS, AS A STUDENT TO PURSUE A COURSE OR COURSES OF INSTRUCTION THE TOTAL OR AGGREGATE DURATION OF WHICH IS 20 WEEKS OR MORE, EACH SUCH SCHOOL OR INSTALLATION WHERE THE COURSE OF INSTRUCTION IS TO BE OF FOUR WEEKS OR MORE DURATION IS DEFINED TO BE A PERMANENT DUTY STATION.

IT IS IMMEDIATELY APPARENT THAT THIS REGULATION EMBODIES A RADICAL DEPARTURE FROM THE LONG ACCEPTED CONCEPT OF A PERMANENT STATION, THAT IS, THAT IN GENERAL THE PERMANENT STATION OF A MEMBER OF THE UNIFORMED SERVICES IS THE PLACE AT WHICH HE IS ASSIGNED FOR THE PERFORMANCE OF HIS REGULAR AND USUAL DUTIES FOR AN INDEFINITE OR INDETERMINATE PERIOD. THE PRESENT REGULATION PROPOSES TO EXTEND THE TERM "PERMANENT STATION" TO INCLUDE STATIONS TO WHICH A MEMBER IS ORDERED FOR A PREDETERMINED PERIOD OF AS LITTLE AS FOUR WEEKS DURATION, IF FOR THE PURPOSE OF PURSUING A COURSE OF INSTRUCTION. IT SEEMS EVIDENT, IN THE LIGHT OF THE HISTORY OF THE TERM PERMANENT STATION AS APPLIED TO THE MILITARY SERVICES, THAT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MILITARY PERSONNEL IN SUCH CIRCUMSTANCES WAS NEVER INTENDED BY THE CONGRESS. EVEN IF IT SHOULD BE CONCEDED THAT UNDER THE PRESENT STATE OF THE LAW IT IS WITHIN THE PROVINCE OF THE SECRETARIES CONCERNED TO DEFINE THE TERM PERMANENT STATION WITH LITTLE OR NO REGARD FOR THE EXPECTED DURATION OF THE MEMBER'S SERVICE AT THE STATION TO WHICH TRANSPORTATION IS FURNISHED FOR HIS DEPENDENTS AND HOUSEHOLD EFFECTS, THIS OFFICE NECESSARILY WOULD BE REQUIRED TO REPORT RESULTING DISBURSEMENTS TO THE CONGRESS FOR CONSIDERATION AS AN IMPROVIDENT EXPENDITURE OF PUBLIC FUNDS.

MORE SPECIFICALLY, THE REGULATION AS PRESENTLY PUBLISHED IN SUBPARAGRAPH B OF PARAGRAPH 1150-10, JOINT TRAVEL REGULATIONS, CLEARLY DOES NOT DEFINE THE TERM "PERMANENT STATION" BUT BY INCLUDING THE WORDS "UNDER PERMANENT CHANGE OF STATION ORDERS" THE EFFECT IN EACH INSTANCE IS TO LEAVE TO THE ORDER WRITING AUTHORITY, AND INDIRECTLY TO THE MEMBER HIMSELF, THE FUNCTION OF DETERMINING WHETHER AN ASSIGNMENT TO A COURSE OF INSTRUCTION FOR A SPECIFIED PERIOD SHALL CONSTITUTE A PERMANENT OR A TEMPORARY CHANGE OF STATION, DEPENDING ON WHICH MAY BE MOST ADVANTAGEOUS TO THE MEMBER. THIS BEING SO, IT MUST BE CONCLUDED THAT, NOTWITHSTANDING PARAGRAPH 1150- 10B, JOINT TRAVEL REGULATIONS, THE ORDERS HERE IN QUESTION ASSIGNING MILITARY PERSONNEL TO SCHOOLS FOR LESS THAN 20 WEEKS AT ANY ONE PLACE ARE TEMPORARY DUTY ORDERS, AND IN CASES WHERE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS IN AN AMOUNT IN EXCESS OF AUTHORIZED PER DIEM FOR SUCH DUTY HAS BEEN PAID SUCH EXCESS SHOULD BE COLLECTED.