A-2102, JULY 10, 1924, 4 COMP. GEN. 40

A-2102: Jul 10, 1924

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THE ORDERS NOT BEING REVOKED BEFORE THE CHANGE OF STATION IS ACTUALLY ACCOMPLISHED. FOR THE REASON THAT IT DID NOT APPEAR THAT THE TRANSPORTATION OF THE SON WAS INCIDENT TO THE OFFICER'S CHANGE OF STATION. IS RELIEVED FROM DUTY IN THE OFFICE OF THE CHIEF COORDINATOR. TO TAKE EFFECT AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER. WILL PROCEED TO FORT BENNING. MAJOR BROWN'S NAME IS REMOVED FROM THE DETACHED OFFICERS' LIST. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND IS CHARGEABLE TO PROCUREMENT AUTHORITY FD 40 P 2451 A 4. IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED * * *.

A-2102, JULY 10, 1924, 4 COMP. GEN. 40

TRANSPORTATION OF DEPENDENTS OF ARMY OFFICER TRAVEL PERFORMED BY A MINOR SON OF AN ARMY OFFICER FROM THE OFFICER'S OLD STATION TO A POINT OTHER THAN THE NEW STATION, NECESSITATED BY THE CHANGE OF STATION AND PERFORMED AFTER RECEIPT OF ORDERS FOR THE CHANGE, ALTHOUGH BEFORE THEIR EFFECTIVE DATE, THE ORDERS NOT BEING REVOKED BEFORE THE CHANGE OF STATION IS ACTUALLY ACCOMPLISHED, ENTITLES THE OFFICER TO REIMBURSEMENT, UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, OF AN AMOUNT EQUAL TO THE COMMERCIAL COST OF TRANSPORTATION FOR THE TRAVEL PERFORMED, NOT EXCEEDING THE COST FROM THE OLD TO THE NEW STATION.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 10, 1924:

CAPT. CARL HALLA, FINANCE DEPARTMENT, UNITED STATES ARMY, APPLIED MARCH 31, 1924, FOR REVIEW OF THE DISALLOWANCE OF MARCH 24, 1924, IN HIS ACCOUNTS FOR SEPTEMBER, 1923, OF $21.61 PAID TO MAJ. SIDNEY G. BROWN AS REIMBURSEMENT FOR THE TRANSPORTATION OF HIS MINOR SON FROM WASHINGTON, D.C., TO ASHEVILLE, N.C., FOR THE REASON THAT IT DID NOT APPEAR THAT THE TRANSPORTATION OF THE SON WAS INCIDENT TO THE OFFICER'S CHANGE OF STATION.

PARAGRAPH 17, S.O. 91, DATED WAR DEPARTMENT, WASHINGTON, APRIL 18, 1923, PROVIDES:

17. BY DIRECTION OF THE PRESIDENT, MAJOR SIDNEY G. BROWN, INFANTRY, IS RELIEVED FROM DUTY IN THE OFFICE OF THE CHIEF COORDINATOR, BUREAU OF THE BUDGET, WASHINGTON, D.C., TO TAKE EFFECT AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER, AND WILL PROCEED TO FORT BENNING, GEORGIA, AND REPORT IN PERSON ON SEPTEMBER 15, 1923, TO THE COMMANDANT OF THE INFANTRY SCHOOL FOR DUTY AS A MEMBER OF THE ADVANCED CLASS. MAJOR BROWN'S NAME IS REMOVED FROM THE DETACHED OFFICERS' LIST, TO TAKE EFFECT SEPTEMBER 15, 1923. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND IS CHARGEABLE TO PROCUREMENT AUTHORITY FD 40 P 2451 A 4. (A.G. 210.63, INF.SCH., FT. BENNING, GA.)

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 FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY, * * * 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: * * *. (4-12 23.)

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, CONTAINS THE FOLLOWING:

IN LIEU OF THE TRANSPORTATION IN KIND AUTHORIZED BY SECTION 12 OF AN ACT * * * 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 * * *.

AFTER HIS CHANGE OF STATION ORDERS BECAME EFFECTIVE MAJOR BROWNFILED HIS CLAIM FOR PAYMENT OF AN AMOUNT EQUAL TO THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENTS, CONSISTING OF HIS WIFE AND 3-YEAR OLD SON, WASHINGTON TO FORT BENNING, AND FOR A 15-YEAR-OLD SON FROM WASHINGTON TO ASHEVILLE, N.C., THE TRAVEL HAVING BEEN PERFORMED JULY 1 TO 4, 1923, AND VOUCHER WAS PAID BY DISBURSING OFFICER SEPTEMBER 29, 1923. THE ITEM COVERING THE TRANSPORTATION OF THE 15-YEAR-OLD SON, WASHINGTON TO ASHEVILLE, N.C., WAS DISALLOWED, AS TRAVEL WAS NOT INCIDENT TO CHANGE OF STATION.

THE ACT OF MAY 18, 1920, CONTEMPLATED THAT TRAVEL WILL NOT IN ALL CASES BE BETWEEN THE OLD AND NEW STATIONS AND SPECIFICALLY PROVIDES FOR THE ISSUE OF TRANSPORTATION AND PAYMENT BY OFFICER OF THE DIFFERENCE IN COST. IF TRANSPORTATION BETWEEN OTHER THAN THE OLD AND NEW STATIONS AND IN EXCESS OF THAT PERMITTED BY THE CHANGE OF STATION ORDER IS AUTHORIZED, THERE CAN BE LITTLE QUESTION THAT TRANSPORTATION FOR A LESS DISTANCE IS EQUALLY VALID, THE BASIC FACT APPEARING THAT THE DEPENDENTS HAVE IN FACT REMOVED FROM THE OLD STATION PURSUANT TO THE CHANGE OF STATION ORDER. SEE 2 COMP. GEN. 568; 27 COMP. DEC. 510.

THE VOUCHER IN THIS CASE SHOWS THAT TRAVEL WAS PERFORMED JULY 1 TO 4, BEFORE THE ORDERS BECAME EFFECTIVE. IT WAS, HOWEVER, PERFORMED AFTER THE ISSUANCE OF THE ORDERS AND IN ANTICIPATION OF THEIR BECOMING EFFECTIVE, AND PRESENTS DIFFERENT QUESTION THAN SUCH AS ARISE WHERE THE ORDERS ARE REVOKED OR OTHERWISE BECOME EFFECTIVE. SEE 2 COMP. GEN. 638, 641. THE ORDERS IN THE PRESENT CASE BECAME EFFECTIVE, AND THE OFFICER IS ENTITLED TO PAYMENT OF AN AMOUNT EQUAL TO THE COMMERCIAL COST OF THE TRANSPORTATION FOR THE TRAVEL PERFORMED.

ON REVIEW OF THE SETTLEMENT $21.61 IS CERTIFIED FOR CREDIT IN THE ACCOUNTS OF CLAIMANT.