A-12624, FEBRUARY 2, 1926, 5 COMP. GEN. 569

A-12624: Feb 2, 1926

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WAS NOT ENTITLED TO FURTHER TRANSPORTATION FURNISHED HIS WIFE UNDER SAID ORDERS FROM CHARLESTON. YOU WERE DIRECTED TO REGARD YOURSELF DETACHED FROM DUTY AT THE NAVAL TRAINING STATION. THAT YOU WERE DETACHED ON FEBRUARY 28. YOU WERE FURNISHED TRANSPORTATION INCLUDING PULLMAN FOR YOUR WIFE FROM NORFOLK. YOU SIGNED AN AGREEMENT AS FOLLOWS: IF TRANSPORTATION IS FURNISHED AS ABOVE REQUESTED. THE SAID VESSEL'S HOME YARD (PORT) WILL BE COMPLETED WITHIN A REASONABLE PERIOD AND AT THE EXPENSE OF MYSELF OR MY DEPENDENTS. IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. WHICH VESSEL'S HOME YARD WAS MARE ISLAND. PROVIDED THAT THE COST TO THE GOVERNMENT WAS NOT IN EXCESS OF WHAT HER TRANSPORTATION WOULD HAVE COST FROM HAMPTON ROADS.

A-12624, FEBRUARY 2, 1926, 5 COMP. GEN. 569

TRANSPORTATION OF DEPENDENTS - NAVAL OFFICER AN OFFICER OF THE NAVY WHO, UNDER ORDERS INVOLVING CHANGE OF STATION FROM HAMPTON ROADS, VA., TO MARE ISLAND, CALIF., REQUESTED TRANSPORTATION FOR HIS WIFE FROM NORFOLK, VA., TO CHARLESTON, S.C., WITH ASSURANCE THAT ANY ADDITIONAL TRAVEL BY HIS WIFE INCIDENT TO SAID CHANGE OF STATION WOULD BE PERFORMED AT HIS OWN EXPENSE, WAS NOT ENTITLED TO FURTHER TRANSPORTATION FURNISHED HIS WIFE UNDER SAID ORDERS FROM CHARLESTON, S.C. TO SAN DIEGO, CALIF., ON TRANSPORTATION REQUEST ISSUED AFTER TRAVEL HAD BEEN PERFORMED TO CHARLESTON, S.C.

COMPTROLLER GENERAL MCCARL TO LIEUT. COMMANDER E. K. PATTON, UNITED STATES NAVY, FEBRUARY 2, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 6, 1925, REQUESTING REVIEW OF SETTLEMENT NO. 198002-N, DATED MAY 11, 1925, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES OF TRANSPORTATION OF YOUR WIFE FROM NORFOLK, VA., TO SAN DIEGO, CALIF., LESS COST OF TRANSPORTATION FURNISHED FROM NORFOLK, VA., TO CHARLESTON, S.C., UNDER ORDERS DATED FEBRUARY 5, 1924.

IT APPEARS THAT BY ORDERS OF FEBRUARY 5, 1924, YOU WERE DIRECTED TO REGARD YOURSELF DETACHED FROM DUTY AT THE NAVAL TRAINING STATION, HAMPTON ROADS, VA., AT SUCH TIME AS WOULD ENABLE YOU TO PROCEED AND REPORT TO THE COMMANDING OFFICER OF THE U.S.S. ALTAIR AT CHARLESTON, S.C., ON MARCH 4, 1924; THAT YOU WERE DETACHED ON FEBRUARY 28, 1924, AND REPORTED FOR DUTY ON THE U.S.S. ALTAIR AT CHARLESTON, S.C., ON MARCH 4, 1924; THAT ON FEBRUARY 28, 1924, YOU WERE FURNISHED TRANSPORTATION INCLUDING PULLMAN FOR YOUR WIFE FROM NORFOLK, VA., TO CHARLESTON, S.C.; THAT ON MARCH 28, 1924, THE DISBURSING OFFICER, NAVY YARD, CHARLESTON, S.C., ISSUED GOVERNMENT TRANSPORTATION REQUESTS FOR YOUR WIFE FROM CHARLESTON, S.C., TO SAN DIEGO, CALIF.; AND THAT IN YOUR APPLICATION FOR TRANSPORTATION FOR YOUR WIFE FROM NORFOLK, VA., TO CHARLESTON, S.C., YOU SIGNED AN AGREEMENT AS FOLLOWS:

IF TRANSPORTATION IS FURNISHED AS ABOVE REQUESTED, I HEREBY WAIVE ADDITIONAL TRANSPORTATION UNDER ATTACHED ORDERS AND CERTIFY THAT THE REMAINDER OF THE TRIP TO MY NEW STATION, NAMELY, THE SAID VESSEL'S HOME YARD (PORT) WILL BE COMPLETED WITHIN A REASONABLE PERIOD AND AT THE EXPENSE OF MYSELF OR MY DEPENDENTS.

IN VIEW OF THE ISSUANCE OF TRANSPORTATION FOR YOUR WIFE, NORFOLK TO CHARLESTON, UNDER YOUR ORDERS OF FEBRUARY 5, 1924, AND CERTIFICATE THAT THE REMAINDER OF THE TRIP WOULD BE COMPLETED AT YOUR OWN EXPENSE, THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, ON NOVEMBER 20, 1924, REQUESTED THAT YOU REFUND TO THE GOVERNMENT COST OF TRANSPORTATION FURNISHED YOUR WIFE FROM CHARLESTON, S.C., TO SAN DIEGO, CALIF. YOU REFUNDED THE COST THEREOF ($126.96) AND NOW REQUEST REIMBURSEMENT OF THE DIFFERENCE BETWEEN THE COST OF TRANSPORTATION FURNISHED TO CHARLESTON, S.C., AND THE COST OF DIRECT TRANSPORTATION FROM NORFOLK, VA., TO SAN DIEGO, CALIF., ON THE GROUND THAT YOU INADVERTENTLY APPLIED FOR TRANSPORTATION TO CHARLESTON, S.C., ONLY, INSTEAD OF TRANSPORTATION TO SAN DIEGO, CALIF.

SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, PROVIDES:

THAT HEREAFTER WHEN ANY COMMISSIONED OFFICER * * * HAVING A WIFE OR DEPENDENT CHILD OR CHILDREN, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND * * * TO HIS NEW STATION FOR THE WIFE AND DEPENDENT CHILD OR CHILDREN; * * PROVIDED FURTHER, THAT IF THE COST OF SUCH TRANSPORTATION EXCEEDS THAT FOR TRANSPORTATION FROM THE OLD TO THE NEW STATION THE EXCESS COST SHALL BE PAID TO THE UNITED STATES BY THE OFFICER CONCERNED: * * *

YOUR DETACHMENT FROM DUTY AT THE NAVAL TRAINING STATION, HAMPTON ROADS, VA., TO DUTY ON THE U.S.S. ALTAIR, WHICH VESSEL'S HOME YARD WAS MARE ISLAND, CONSTITUTED A PERMANENT CHANGE OF STATION, ENTITLING YOU UNDER THE ACT OF MAY 18, 1920, TO TRANSPORTATION FOR YOUR WIFE TO YOUR NEW STATION (MARE ISLAND) OR TO SOME OTHER POINT SELECTED BY YOU, PROVIDED THAT THE COST TO THE GOVERNMENT WAS NOT IN EXCESS OF WHAT HER TRANSPORTATION WOULD HAVE COST FROM HAMPTON ROADS, VA., TO MARE ISLAND, CALIF., THAT THE TRAVEL INVOLVED WAS INCIDENT TO YOUR CHANGE OF STATION, AND YOU GAVE PROPER ASSURANCE THAT ANY FURTHER TRAVEL INCIDENT TO YOUR CHANGE OF STATION WOULD BE PERFORMED WITHOUT EXPENSE TO THE GOVERNMENT. 27 COMP. DEC. 510. YOU HAVE RECEIVED ALL TO WHICH ENTITLED UNDER THE ACT OF MAY 18, 1920. YOU ARE NOT ENTITLED TO REIMBURSEMENT UNDER SECTION 12 OF THE ACT OF JUNE 10, 1022, 42 STAT. 631, AND THE REGULATIONS PURSUANT THERETO, THAT ACT AND THE REGULATIONS THEREUNDER BEING APPLICABLE ONLY WHERE NO TRANSPORTATION IS FURNISHED BY THE GOVERNMENT, THE ACT PROVIDING THAT "IN LIEU OF THE TRANSPORTATION IN KIND AUTHORIZED BY SECTION 12" OF THE ACT OF MAY 18, 1920, PAYMENT OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS MIGHT BE MADE WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED. OBVIOUSLY, WHERE TRANSPORTATION IN KIND IS REQUESTED AND ISSUED, THERE CAN BE NO PAYMENT IN LIEU THEREOF, AND THE FACT THE OFFICER OF HIS OWN INITIATIVE DID NOT SECURE ALL THE TRANSPORTATION THAT MIGHT HAVE BEEN ISSUED UNDER THE ACT OF MAY 18, 1920, GIVES NO BASIS FOR PAYMENT UNDER A STATUTE PROVIDING FOR ISSUE IN KIND ONLY.