A-24053, AUGUST 15, 1928, 8 COMP. GEN. 76

A-24053: Aug 15, 1928

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TRANSPORTATION - DEPENDENTS - CHIEF PETTY OFFICER OF THE COAST GUARD WHERE A CHIEF PETTY OFFICER OF THE COAST GUARD IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. IN A SHORT TIME AFTER THE CHANGE IS EFFECTED HE IS DISCHARGED ON EXPIRATION OF ENLISTMENT AND IMMEDIATELY REENLISTS AT THE SAME STATION. THE DISCHARGE AND REENLISTMENT AT THE NEW STATION DOES NOT HAVE THE EFFECT OF DEPRIVING HIM OF THE RIGHT TO TRANSPORTATION OF HIS DEPENDENTS FROM THE OLD TO HIS NEW STATION TO WHICH OTHERWISE ENTITLED. IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. THE PUBLIC HEALTH SERVICE TO HIS NEW STATION FOR THE WIFE AND DEPENDENT CHILD OR CHILDREN: * * *" A QUESTION HAS ARISEN REGARDING THE APPLICATION OF THIS PROVISION WHERE COAST GUARD PERSONNEL ARE DESIGNATED IN ORDERS FOR PERMANENT CHANGE OF STATION WITHIN A SHORT TIME BEFORE EXPIRATION OF ENLISTMENT.

A-24053, AUGUST 15, 1928, 8 COMP. GEN. 76

TRANSPORTATION - DEPENDENTS - CHIEF PETTY OFFICER OF THE COAST GUARD WHERE A CHIEF PETTY OFFICER OF THE COAST GUARD IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, AND IN A SHORT TIME AFTER THE CHANGE IS EFFECTED HE IS DISCHARGED ON EXPIRATION OF ENLISTMENT AND IMMEDIATELY REENLISTS AT THE SAME STATION, THE DISCHARGE AND REENLISTMENT AT THE NEW STATION DOES NOT HAVE THE EFFECT OF DEPRIVING HIM OF THE RIGHT TO TRANSPORTATION OF HIS DEPENDENTS FROM THE OLD TO HIS NEW STATION TO WHICH OTHERWISE ENTITLED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 15, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 7, 1928, AS FOLLOWS:

THE ACT OF MAY 18, 1920, C. 190, SECTION 12, 41 STAT. 604, PROVIDES, INTER ALIA, AS FOLLOWS: "* * * 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: * * *"

A QUESTION HAS ARISEN REGARDING THE APPLICATION OF THIS PROVISION WHERE COAST GUARD PERSONNEL ARE DESIGNATED IN ORDERS FOR PERMANENT CHANGE OF STATION WITHIN A SHORT TIME BEFORE EXPIRATION OF ENLISTMENT, BUT DO NOT ARRANGE FOR THE TRANSPORTATION OF THEIR DEPENDENTS, UNTIL THE NEW ENLISTMENT IS BEGUN, WITHOUT ANY TIME ELAPSING BETWEEN THE EXPIRING ENLISTMENT AND THE REENLISTMENT. THE FOLLOWING IS A SPECIFIC CASE:

ON JANUARY 4, 1928, THE COMMANDANT OF THE COAST GUARD DIRECTED THE COMMANDANT OF THE COAST GUARD DEPOT TO TRANSFER ONE CHIEF MOTOR MACHINIST'S MATE TO THE COAST GUARD DESTROYER CONYNGHAM, WITH ORDERS TO PROCEED IMMEDIATELY TO BOSTON, MASSACHUSETTS, AND REPORT TO THE COMMANDING OFFICER OF THE VESSEL INDICATED FOR ASSIGNMENT TO DUTY. THIS ORDER FURTHER STATED THAT "THIS ORDER CONSTITUTES A PERMANENT CHANGE OF STATION FOR THE CHIEF PETTY OFFICER CONCERNED FROM CURTIS BAY, MARYLAND, TO BOSTON, MASSACHUSETTS.' CHIEF MOTOR MACHINIST'S MATE CHARLES R. BROWN WAS TRANSFERRED IN ACCORDANCE WITH THE ABOVE ORDER AND REPORTED ON BOARD THE CONYNGHAM ON JANUARY 8, 1928. HIS ENLISTMENT HAVING EXPIRED, HE WAS HONORABLY DISCHARGED AT BOSTON ON FEBRUARY 6, 1928, AND IMMEDIATELY REENLISTED AT BOSTON ON FEBRUARY 7, 1928, CONTINUING DUTY ON THE CONYNGHAM. IT WILL BE NOTED THAT HIS SERVICE WAS CONTINUOUS AND THAT HE CONTINUED AT THE SAME PERMANENT DUTY STATION FROM ONE ENLISTMENT TO THE OTHER. HE DID NOT ARRANGE FOR TRANSPORTATION OF HIS DEPENDENTS DURING THE PERIOD OF HIS FORMER ENLISTMENT, BUT HE NOW SEEKS UNDER HIS CURRENT ENLISTMENT TO HAVE SUCH TRANSPORTATION FURNISHED BY THE GOVERNMENT.

YOUR DECISION IS REQUESTED AS TO WHETHER, UNDER THE CIRCUMSTANCES OUTLINED ABOVE, CHIEF MOTOR MACHINIST'S MATE CHARLES R. BROWN MAY BE FURNISHED TRANSPORTATION FOR HIS DEPENDENTS FROM CURTIS BAY, MARYLAND, TO BOSTON, MASSACHUSETTS. AND IN VIEW OF THE FACT THAT IT IS ANTICIPATED QUESTIONS WILL ARISE OCCASIONALLY WITH RESPECT TO THE APPLICATION OF THE ABOVE PROVISION TO FUTURE SIMILAR CASES, IT IS REQUESTED, IF COMPATIBLE WITH YOUR VIEW, THAT YOUR DECISION SHALL ESTABLISH A RULE FOR THE GUIDANCE OF THE DEPARTMENT IN ALL SIMILAR CASES.

UNDER THE FACTS STATED WHERE A CHIEF PETTY OFFICER IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION AND IN A SHORT TIME AFTER THE CHANGE IS EFFECTED HE IS DISCHARGED BY REASON OF EXPIRATION OF ENLISTMENT AND HE IMMEDIATELY REENLISTS AT THE NEW STATION, HIS SERVICE AT THE NEW STATION BEING CONTINUOUS, THE DISCHARGE AND IMMEDIATE REENLISTMENT AT THE NEW STATION DO NOT HAVE THE EFFECT OF DEPRIVING HIM OF THE RIGHT TO TRANSPORTATION FOR HIS DEPENDENTS FROM THE OLD TO THE NEW STATION TO WHICH HE IS OTHERWISE ENTITLED. THE RULE IS OTHERWISE, HOWEVER, WHERE THE MAN REENLISTS AT A STATION OTHER THAN THE ONE AT WHICH HE WAS DISCHARGED. MS. COMP. GEN. 1408; 84 MS. ID. 390, A-22960, AUGUST 9, 1928.

THERE APPEARS NO REASON WHY THE DEPENDENTS OF CHIEF MOTOR MACHINIST'S MATE CHARLES R. BROWN, UNDER THE FACTS STATED, MAY NOT BE FURNISHED TRANSPORTATION FROM CURTIS BAY, MD., HIS OLD STATION, TO BOSTON, MASS., HIS NEW STATION, NO OTHER PERMANENT CHANGE OF STATION HAVING BEEN ORDERED IN THE MEANTIME.