A-16824, A-16982, APRIL 17, 1928, 7 COMP. GEN. 664

A-16824,A-16982: Apr 17, 1928

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TRANSPORTATION - DEPENDENTS OF OFFICERS AND ENLISTED MEN OF THE NAVY WHERE AN OFFICER OR ENLISTED MAN OF THE NAVY IS DETACHED FROM PERMANENT DUTY. IF NO TRANSPORTATION IN KIND WAS ISSUED FOR THE USE OF THE DEPENDENTS OF THE OFFICER OR ENLISTED MAN HE MAY BE PAID THE COMMERCIAL COST OF TRANSPORTATION FROM WHERE HIS DEPENDENTS WERE ON DETACHMENT FROM HIS OLD PERMANENT STATION TO THE NEW PERMANENT STATION WHEN THE TRAVEL OF HIS DEPENDENTS SHALL HAVE BEEN COMPLETED. THE FACT THAT THE DEPENDENTS TRAVELED AT THE OFFICER'S OR ENLISTED MAN'S EXPENSE TO HIS TEMPORARY DUTY STATION AFTER DETACHMENT FROM HIS OLD PERMANENT STATION WILL NOT DEFEAT HIS RIGHTS. 1928: THERE ARE FOR CONSIDERATION THE CLAIMS OF LIEUT.

A-16824, A-16982, APRIL 17, 1928, 7 COMP. GEN. 664

TRANSPORTATION - DEPENDENTS OF OFFICERS AND ENLISTED MEN OF THE NAVY WHERE AN OFFICER OR ENLISTED MAN OF THE NAVY IS DETACHED FROM PERMANENT DUTY, ASSIGNED TO TEMPORARY DUTY AT ANOTHER PLACE, AND PRESENTLY ASSIGNED ANOTHER PERMANENT STATION, IF NO TRANSPORTATION IN KIND WAS ISSUED FOR THE USE OF THE DEPENDENTS OF THE OFFICER OR ENLISTED MAN HE MAY BE PAID THE COMMERCIAL COST OF TRANSPORTATION FROM WHERE HIS DEPENDENTS WERE ON DETACHMENT FROM HIS OLD PERMANENT STATION TO THE NEW PERMANENT STATION WHEN THE TRAVEL OF HIS DEPENDENTS SHALL HAVE BEEN COMPLETED, PURSUANT TO SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631; AND THE FACT THAT THE DEPENDENTS TRAVELED AT THE OFFICER'S OR ENLISTED MAN'S EXPENSE TO HIS TEMPORARY DUTY STATION AFTER DETACHMENT FROM HIS OLD PERMANENT STATION WILL NOT DEFEAT HIS RIGHTS.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 17, 1928:

THERE ARE FOR CONSIDERATION THE CLAIMS OF LIEUT. (J.G.) MILO R. WILLIAMS, UNITED STATES NAVY, AND JESSE LOWDER SCOTT, PH.M. FIRST CLASS, UNITED STATES NAVY, FOR THE COMMERCIAL COST OF TRANSPORTATION OF DEPENDENTS ON PERMANENT CHANGE OF STATION IN SIMILAR CIRCUMSTANCES.

BY ORDERS OF JUNE 29, 1924, LIEUTENANT WILLIAMS WAS DETACHED FROM DUTY ON BOARD THE U.S.S. ARIZONA, HOME YARD BREMERTON, WASH., ASSIGNED TO TEMPORARY DUTY ON THE U.S.S. CHEWINK, NEW LONDON, CONN.; BY ORDERS OF AUGUST 24, HE WAS DETACHED FROM THE U.S.S. CHEWINK AND DIRECTED TO REPORT FOR PERMANENT DUTY AT THE UNITED STATES NAVAL ACADEMY, ANNAPOLIS. REPORTED ON BOARD THE U.S.S. CHEWINK JUNE 30, 1924, AND TO THE NAVAL ACADEMY SEPTEMBER 23, 1924. ON HIS DETACHMENT FROM THE U.S.S. ARIZONA HE APPLIED FOR AND WAS REFUSED TRANSPORTATION IN KIND FOR HIS DEPENDENTS FROM BREMERTON TO NEW LONDON BECAUSE THE ASSIGNMENT WAS TO TEMPORARY DUTY. AFTER HIS ASSIGNMENT TO A PERMANENT STATION AT THE NAVAL ACADEMY, HIS DEPENDENTS TRAVELED WITH HIM FROM NEW LONDON, CONN. HE NOW CLAIMS THE COMMERCIAL COST OF TRANSPORTATION FROM BREMERTON TO ANNAPOLIS.

IN THE CASE OF SCOTT, HE WAS DETACHED FROM DUTY ON THE U.S.S. OKLAHOMA, HOME YARD BREMERTON, WASH., NOVEMBER 25, 1925, AND ASSIGNED TO TEMPORARY DUTY AT THE HOSPITAL CORPS TRAINING SCHOOL, MARE ISLAND, CALIF., TO WHICH POINT HIS DEPENDENTS ACCOMPANIED HIM AT HIS OWN EXPENSE. ON MAY 8, 1926, HE WAS ASSIGNED A PERMANENT STATION AT THE UNITED STATES NAVAL HOSPITAL, SAN DIEGO, CALIF., AND TRANSPORTATION WAS FURNISHED FOR HIS DEPENDENTS FROM SAN FRANCISCO TO SAN DIEGO. HIS CLAIM IS FOR THE COMMERCIAL COST OF TRANSPORTATION FROM BREMERTON TO SAN DIEGO, LESS COST OF TRANSPORTATION FURNISHED SAN FRANCISCO TO SAN DIEGO. IN VIEW OF THE DATE OF TRAVEL, THE FACT THAT TRANSPORTATION IN KIND WAS ISSUED FOR A PORTION OF THE JOURNEY WILL NOT PREVENT CONSIDERATION OF THE CLAIM ON ITS MERITS, NOTWITHSTANDING THE CHANGE OF PROCEDURE REQUIRED BY DECISION OF MARCH 5, 1928, A-19063, TO MAJOR COMEGYS, 7 COMP. GEN. 544.

IN BOTH CASES, IT WILL BE OBSERVED, THERE WAS A DETACHMENT FROM PERMANENT STATION, ASSIGNMENT TO DUTY AT A TEMPORARY STATION AT A DISTANCE FROM THE OLD PERMANENT STATION, AND AFTER THE LAPSE OF A SUBSTANTIAL PERIOD THE ASSIGNMENT TO A NEW PERMANENT STATION. THE NECESSITIES OF THE SERVICE REQUIRED SUCH ASSIGNMENTS FOR TEMPORARY DUTY. TRANSPORTATION OF HIS DEPENDENTS TO HIS TEMPORARY STATION MUST BE, OF COURSE, AT THE OFFICER'S EXPENSE; BUT THE EFFECT OF THE DECISIONS IS THAT ON ASSIGNMENT TO A PERMANENT STATION THEREAFTER HIS RIGHTS AS TO TRANSPORTATION FOR DEPENDENTS MUST BE FROM THE PLACE THE DEPENDENTS THEN ARE. IT IS PROPER, THEREFORE, TO CONSIDER WHETHER AND TO WHAT EXTENT THE PRESENT HOLDINGS MAY BE MODIFIED WITHIN THE TERMS AND INTENT OF THE LAW TO AFFORD RELIEF IN SUCH SITUATIONS AND YET AVOID WHAT THE STATUTES HAVE NEGATIVED, THE FURNISHING TRANSPORTATION OR MAKING PAYMENTS OF COMMERCIAL COSTS FOR TRAVEL OF DEPENDENTS TO A TEMPORARY STATION.

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

THAT HEREAFTER WHEN ANY COMMISSIONED OFFICER, NONCOMMISSIONED OFFICER OF THE GRADE OF COLOR SERGEANT AND ABOVE, INCLUDING ANY NONCOMMISSIONED OFFICER OF THE MARINE CORPS OF CORRESPONDING GRADE, WARRANT OFFICER, CHIEF PETTY OFFICER, OR PETTY OFFICER (FIRST CLASS), 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 FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY, THE NAVY, THE MARINE CORPS, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, AND THE PUBLIC HEALTH SERVICE TO HIS NEW STATION FOR THE WIFE AND DEPENDENT CHILD OR CHILDREN: PROVIDED, THAT FOR PERSONS IN THE NAVAL SERVICE THE TERM "PERMANENT STATION," AS USED IN THIS SECTION, SHALL BE INTERPRETED TO MEAN A SHORE STATION OR THE HOME YARD OF THE VESSEL TO WHICH THE PERSON CONCERNED MAY BE ORDERED; AND A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF SUCH VESSEL SHALL BE DEEMED A CHANGE OF STATION: 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: PROVIDED FURTHER, THAT TRANSPORTATION SUPPLIED THE WIFE OR DEPENDENT CHILD OR CHILDREN OF SUCH OFFICER, TO OR FROM STATIONS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT, IF SUCH TRANSPORTATION IS AVAILABLE: * * *.

THIS STATUTE PROVIDES SPECIFICALLY FOR TRANSPORTATION IN KIND. PROVIDES NOT FOR TRANSPORTATION FROM THE OLD TO THE NEW STATION BUT TRANSPORTATION TO THE NEW STATION NOT EXCEEDING THE COST OF TRANSPORTATION FROM THE OLD TO THE NEW STATION. THAT IS, IT RECOGNIZES A CONDITION ALL KNOW TO EXIST THAT BECAUSE OF THE NATURE OF THE SERVICE, THE DEPENDENTS OF SERVICE PERSONNEL ARE FREQUENTLY NOT AT THE DUTY STATIONS OF THE OFFICERS OR ENLISTED MEN. THE STATUTE THUS AUTHORIZES TRANSPORTATION FROM WHERE THE DEPENDENTS ARE TO THE NEW STATION, NOT EXCEEDING THE COST FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION; THE OLD AND NEW PERMANENT STATIONS THUS PROVIDING A MEASURE OF MAXIMUM COST TO THE GOVERNMENT BUT NOT RESTRICTING THE FURNISHING OF TRANSPORTATION FROM POINTS OTHER THAN THE OLD PERMANENT STATION. THE OBVIOUSLY CORRECT CONSTRUCTION OF THIS ACT WAS THAT NOTHING WAS AUTHORIZED UNDER THE ACT IF AN OFFICER ASSIGNED DUTY AT A TEMPORARY STATION TOOK HIS DEPENDENTS TO THAT TEMPORARY STATION AND THAT STATION THEREAFTER WAS MADE HIS PERMANENT STATION, NO TRANSPORTATION IN KIND BEING NECESSARY AND TRANSPORTATION IN KIND ONLY BEING AUTHORIZED, NO PAYMENT AS FOR A REIMBURSEMENT FOR TRANSPORTATION SECURED WHEN NONE WAS AUTHORIZED COULD BE MADE, 27 COMP. DEC. 400, WHICH HAS BEEN CONSISTENTLY FOLLOWED.

BY SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, A SUBSTITUTE TO BE IN LIEU OF THE RIGHT GIVEN BY THE ACT OF MAY 18, 1920, WAS PROVIDED IN THE FOLLOWING LANGUAGE:

IN LIEU OF THE TRANSPORTATION IN KIND AUTHORIZED BY SECTION 12 OF AN ACT ENTITLED "AN ACT TO INCREASE THE EFFICIENCY OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE," APPROVED MAY 18, 1920, TO BE FURNISHED BY THE UNITED STATES FOR DEPENDENTS, THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED. DEPENDENT CHILDREN SHALL BE SUCH AS ARE DEFINED IN SECTION 4 OF THIS ACT.

THE LATTER ACT IS A COMPLETE SUBSTITUTE FOR THE EARLIER ACT WHEN ITS PROVISIONS ARE INVOKED, AND BENEFITS UNDER ONE OF THE ACTS MAY NOT BE ADDED TO THE BENEFITS PROVIDED UNDER THE OTHER ACT. A-19063, MARCH 5, 1928, 7 COMP. GEN. 544. CONSISTENTLY WITH THE QUOTED LAWS, IT CAN BE HELD THAT WHERE AN OFFICER IS DETACHED FROM HIS OLD PERMANENT STATION AND ASSIGNED TEMPORARY DUTY AND IS THEREAFTER ASSIGNED A PERMANENT STATION, IF NO TRANSPORTATION IN KIND HAS BEEN FURNISHED FOR THE USE OF HIS DEPENDENTS HE MAY, WITHIN THE PRECISE TERMS OF THE ACT OF JUNE 10, 1922, BE PAID THE COMMERCIAL COST OF TRANSPORTATION FROM THE PLACE FROM WHICH HIS DEPENDENTS TRAVELED ON OR IMMEDIATELY FOLLOWING HIS DETACHMENT FROM HIS OLD PERMANENT STATION TO HIS NEW PERMANENT STATION WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED. IT WILL BE OBSERVED THIS INTERPRETATION OF THE ACT OF JUNE 10, 1922, (1) DOES NOT AUTHORIZE ANY PAYMENT IF ANY TRANSPORTATION IN KIND HAS BEEN URNISHED; (2) DOES NOT AUTHORIZE ANY PAYMENT UNTIL A NEW PERMANENT STATION HAS BEEN ASSIGNED; (3) AUTHORIZES PAYMENT ONLY FROM THE POINT FROM WHICH THE DEPENDENTS TRAVELED ON THE OFFICER'S DETACHMENT FROM THE OLD PERMANENT STATION; AND (4) AUTHORIZES NO FORM OF PAYMENT NOR THE ISSUANCE OF ANY TRANSPORTATION IN KIND TO OR IN CONNECTION WITH THE OFFICER'S ASSIGNMENT TO A TEMPORARY-DUTY STATION.

IN BOTH OF THESE CASES THE DEPENDENTS TRAVELED FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION AND THE SETTLEMENTS WILL BE REVISED TO ACCORD WITH WHAT IS HEREIN SAID.