A-24244, SEPTEMBER 14, 1928, 8 COMP. GEN. 118

A-24244: Sep 14, 1928

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TRANSPORTATION OF DEPENDENTS - OVERSEAS STATION - MARINE CORPS OFFICER WHERE AN OFFICER OF THE MARINE CORPS IS ASSIGNED TO PERMANENT DUTY AT AN OVERSEAS STATION AND BECAUSE OF DISTURBED CONDITIONS OR THE UNAVAILABILITY OF TRANSPORTATION FOR DEPENDENTS TO SUCH PERMANENT STATION IT IS NOT POSSIBLE FOR THE DEPENDENTS TO TRAVEL THERETO. NO TRANSPORTATION IS FURNISHED THE DEPENDENTS INCIDENT TO SUCH CHANGE OF PERMANENT STATIONS. TO HIS FIRST NEW PERMANENT STATION UPON ASSIGNMENT TO DUTY IN THE UNITED STATES OR TO OVERSEAS STATION TO WHICH TRANSPORTATION OF HIS DEPENDENTS IS POSSIBLE OR PRACTICABLE. 7 COMP. A TYPICAL CASE IS PRESENTED FOR CONSIDERATION. WAS DETACHED FROM THE MARINE BARRACKS. UNDER SUBSEQUENT ORDERS IS BEING TRANSFERRED FROM THE THIRD BRIGADE TO THE MARINE CORPS BASE.

A-24244, SEPTEMBER 14, 1928, 8 COMP. GEN. 118

TRANSPORTATION OF DEPENDENTS - OVERSEAS STATION - MARINE CORPS OFFICER WHERE AN OFFICER OF THE MARINE CORPS IS ASSIGNED TO PERMANENT DUTY AT AN OVERSEAS STATION AND BECAUSE OF DISTURBED CONDITIONS OR THE UNAVAILABILITY OF TRANSPORTATION FOR DEPENDENTS TO SUCH PERMANENT STATION IT IS NOT POSSIBLE FOR THE DEPENDENTS TO TRAVEL THERETO, AND NO TRANSPORTATION IS FURNISHED THE DEPENDENTS INCIDENT TO SUCH CHANGE OF PERMANENT STATIONS, FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS AND FOR THAT PURPOSE ONLY, THAT STATION MAY BE IGNORED AND TRANSPORTATION ISSUED FROM THE OFFICER'S LAST PERMANENT STATION IN THE UNITED STATES PRIOR TO ASSIGNMENT TO PERMANENT STATION OVERSEAS, TO HIS FIRST NEW PERMANENT STATION UPON ASSIGNMENT TO DUTY IN THE UNITED STATES OR TO OVERSEAS STATION TO WHICH TRANSPORTATION OF HIS DEPENDENTS IS POSSIBLE OR PRACTICABLE. 7 COMP. GEN. 255 DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 14, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 21, 1928, AS FOLLOWS:

A QUESTION HAS ARISEN IN DETACHING MARINE CORPS PERSONNEL FROM THE ASIATIC STATION IN CONNECTION WITH FURNISHING TRANSPORTATION IN KIND TO DEPENDENTS, AND A TYPICAL CASE IS PRESENTED FOR CONSIDERATION.

UNDER ORDERS DATED FEBRUARY 20, 1928, FIRST LIEUTENANT HOWARD B. ENYART, MARINE CORPS, WAS DETACHED FROM THE MARINE BARRACKS, WASHINGTON, D.C., AND TRANSFERRED TO PERMANENT DUTY IN CHINA WITH THE THIRD BRIGADE, MARINE CORPS, AND UNDER SUBSEQUENT ORDERS IS BEING TRANSFERRED FROM THE THIRD BRIGADE TO THE MARINE CORPS BASE, NAVAL OPERATING BASE, SAN DIEGO, CALIF., FOR DUTY.

UNDER DATE OF JANUARY 14, 1928, FIRST LIEUTENANT ENYARD REQUESTED THAT TRANSPORTATION BE FURNISHED DEPENDENT WIFE, FRANCES MAY ENYART, FROM HIS LAST DUTY STATION, MARINE BARRACKS, WASHINGTON, D.C., TO TIENTSIN, CHINA, HIS NEW STATION. ON MAY 17, 1928, TRANSPORTATION IN KIND WAS FURNISHED MRS. ENYART FROM WASHINGTON, D.C., TO SAN FRANCISCO, CALIF., ON GOVERNMENT REQUESTS FOR TRANSPORTATION NOS. M43727 AND 43728, THENCE VIA U.S. ARMY TRANSPORT U.S. GRANT, SAILING JUNE 8, 1928, TO MANILA, P.I., FOR FURTHER TRANSPORTATION TO CHINA VIA FIRST AVAILABLE GOVERNMENT TRANSPORTATION.

ON MAY 15, 1928, THE MARINE CORPS NOTIFIED THE COMMANDER IN CHIEF, ASIATIC, THAT TWO OFFICERS, FIFTY-SIX DEPENDENTS OF OFFICERS, AND TWENTY- THREE DEPENDENTS OF NONCOMMISSIONED OFFICERS WERE BEING FURNISHED TRANSPORTATION VIA THE U.S. GRANT SAILING FROM SAN FRANCISCO, CALIF., JUNE 8, 1928, AND REQUESTED THAT THE MARINE CORPS BE ADVISED AS TO WHAT ARRANGEMENTS COULD BE MADE TO TRANSPORT THESE PERSONS FROM MANILA, P.I., TO SHANGHAI AND TIENTSIN, CHINA.

UPON RECEIPT OF THIS RADIOGRAM THE COMMANDER IN CHIEF, ASIATIC, REPLIED AS FOLLOWS:

" * * * REGARDING TRANSPORTATION TO SHANGHAI AND TIENTSIN EIGHTY-ONE DEPENDENTS OFFICERS AND NONCOMMISSIONED OFFICERS ARRIVING MANILA U.S. GRANT TWENTY-NINE JUNE PERIOD ACCOUNT CONDITIONS PRESENT ORDERS IN EFFECT THIS STATION DO NOT PERMIT DEPENDENTS TRANSPORTATION FARTHER NORTH THAN SHANGHAI PERIOD SPECIAL VOYAGE BY CHAUMONT MANILA TO SHANGHAI IMPOSSIBLE DUE NECESSITY RETURN THIS VESSEL NORTHERN AREA PERIOD NEXT POSSIBLE GOVERNMENT TRANSPORTATION VIA NAVAL TRANSPORT HENDERSON NOT YET SCHEDULED BUT ESTIMATED DEPARTURE FROM MANILA FOR SHANGHAI TWENTY AUGUST ALLOTMENT SUCH TRANSPORTATION TOTAL OF EIGHTY PASSENGERS SPACE SUBJECT TO PRIORITY *

UPON RECEIPT OF THE ABOVE RADIOGRAM THE MARINE CORPS WROTE THE DEPENDENTS WHO HELD SUCH TRANSPORTATION AS FOLLOWS:

"IN VIEW MILITARY SITUATION COMMANDER IN CHIEF, ASIATIC, HAS ADVISED WILL NOT PERMIT TRANSPORTATION OF DEPENDENTS FARTHER NORTH THAN SHANGHAI PERIOD PROBABLY NECESSARY LAY OVER IN MANILA PROBABLY TWO MONTHS OR MORE PERIOD DO NOT ADVISE DEPENDENTS GOING FAR EAST PRESENT TIME PERIOD INFORM WHETHER YOU DESIRE TRANSPORTATION IN JUNE.'

UPON RECEIPT OF THIS INFORMATION MRS. ENYART CANCELED TRANSPORTATION ALREADY PROVIDED.

IN VIEW OF THE CIRCUMSTANCES ABOVE SET FORTH A DECISION IS REQUESTED AS TO WHAT TRANSPORTATION IN KIND MAY BE FURNISHED MRS. ENYART BY THE MARINE CORPS--- SPECIFICALLY, WHETHER SUCH TRANSPORTATION MAY BE FURNISHED HER FROM WASHINGTON, D.C., THE ORIGINAL DUTY STATION OF LIEUTENANT ENYART, TO SAN DIEGO, CALIF., HIS NEW DUTY STATION.

IT APPEARS THAT BY ORDERS DATED MARCH 27, 1927, ADDRESSED TO LIEUTENANT ENYART, MARINE BARRACKS, WASHINGTON, D.C., HE WAS DIRECTED TO PROCEED TO THE NAVY YARD, PHILADELPHIA, PA., AND REPORT TO THE COMMANDANT AND COMMANDING OFFICER, SIXTH REGIMENT, FOR SPECIAL TEMPORARY DUTY BEYOND SEAS WITH THAT ORGANIZATION; THAT BY ORDERS DATED MARCH 28, 1927, THE COMMANDING OFFICER OF THE SIXTH REGIMENT WAS DIRECTED TO PROCEED TO THE FAR EAST WITH HIS COMMAND AND UPON ARRIVAL TO REPORT TO THE COMMANDER IN CHIEF, ASIATIC FLEET, FOR SPECIAL TEMPORARY DUTY BEYOND THE SEAS; AND THAT BY ORDERS DATED FEBRUARY 21, 1928, EFFECTIVE MARCH 1, 1928, CERTAIN OFFICERS, INCLUDING LIEUTENANT ENYART, WERE DETACHED FROM THEIR PERMANENT STATIONS IN THE UNITED STATES AND ASSIGNED TO DUTY ON THE ASIATIC STATION. AS AT THAT TIME LIEUTENANT ENYART WAS ON SPECIAL TEMPORARY DUTY AT TIENTSIN, THE EFFECT OF THE LATTER ORDER WAS TO MAKE THAT PLACE HIS PERMANENT STATION.

ACCORDINGLY, MRS. ENYART WAS FURNISHED TRANSPORTATION REQUESTS FOR TRANSPORTATION FROM WASHINGTON, D.C., TO SAN FRANCISCO, CALIF., AND WHILE THE MARINE CORPS WAS ENDEAVORING TO SECURE FURTHER TRANSPORTATION FOR HER TO TIENTSIN, CHINA, INFORMATION WAS RECEIVED FROM THE COMMANDER IN CHIEF, ASIATIC STATION, THAT ON ACCOUNT OF THE CONDITIONS ORDERS IN EFFECT ON THAT STATION DID NOT PERMIT DEPENDENT'S TRANSPORTATION FARTHER NORTH THAN SHANGHAI. UPON THIS INFORMATION BEING COMMUNICATED TO MRS. ENYART, SHE RETURNED FOR CANCELLATION THE TRANSPORTATION REQUESTS THAT HAD BEEN FURNISHED HER.

IT THUS APPEARS THAT UPON A PERMANENT CHANGE OF STATION OF THE OFFICER THE SITUATION AS TO TRANSPORTATION WAS SUCH THAT NO TRANSPORTATION COULD BE AVAILED OF BY HIS DEPENDENTS. SUCH A SITUATION WOULD ALSO ARISE WHERE THE DEPARTMENT, AS IN NIBECKER'S CASE, A-22281, APRIL 25, 1928, DECLINED TO FURNISH TRANSPORTATION FOR DEPENDENTS TO THE NEW STATION BECAUSE OF DISTURBED CONDITIONS.

WHILE THE LAW LIMITS TRANSPORTATION FOR DEPENDENTS BETWEEN THE OLD AND THE NEW STATION, AND OTHER THAN THE LAST PERMANENT STATION MAY NOT BE USED AS A BASIS FOR FURNISHING TRANSPORTATION FOR DEPENDENTS, 7 COMP. GEN. 255, YET WHERE DISTURBED CONDITIONS AT THE OFFICER'S PERMANENT STATION OUTSIDE THE LIMITS OF THE UNITED STATES PREVENT THE TRAVEL OF HIS DEPENDENTS TO SUCH PERMANENT STATION AND NO TRANSPORTATION IS FURNISHED THE DEPENDENTS INCIDENT TO SUCH CHANGE OF PERMANENT STATIONS, FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS AND FOR THAT PURPOSE ONLY, THAT STATION MAY BE IGNORED, AND TRANSPORTATION ISSUED FROM THE OFFICER'S LAST PERMANENT STATION IN THE UNITED STATES PRIOR TO ASSIGNMENT TO PERMANENT STATION OVERSEAS TO HIS FIRST NEW PERMANENT STATION UPON ASSIGNMENT TO DUTY IN THE UNITED STATES OR TO OVERSEAS STATION TO WHICH TRANSPORTATION OF HIS DEPENDENTS IS POSSIBLE OR PRACTICABLE.

THIS CONSTRUCTION OF THE LAW DOES NOT MODIFY THE VIEW EXPRESSED IN 7 COMP. GEN. 255, AND THE CONSTRUCTION OF THE LAW IN THAT CASE IS APPLICABLE TO ANY CASE WHERE, FOR THE PERSONAL CONVENIENCE OF THE OFFICER OR HIS DEPENDENTS, THEY DO NOT TRAVEL TO HIS PERMANENT STATION. IN THIS CASE THE SITUATION IS THAT NO TRANSPORTATION COULD PRACTICABLY BE FURNISHED TO THE PERMANENT STATION OVERSEAS, AND THE EFFECT IS THE SAME AS THOUGH NONE WERE AUTHORIZED. WHEN THE OFFICER IS ASSIGNED A PERMANENT STATION TO WHICH HIS DEPENDENTS CAN TRAVEL, THE LAW REASONABLY PERMITS THE ISSUANCE OF TRANSPORTATION FOR THEIR TRAVEL BETWEEN THE TWO PERMANENT STATIONS BETWEEN WHICH TRAVEL IS PRACTICABLE OR POSSIBLE. IN SUCH A CASE THE INTERMEDIATE PERMANENT STATION TO WHICH THE DEPENDENTS WERE NOT PERMITTED TO TRAVEL OR THERE WERE NO AVAILABLE MEANS FOR TRAVEL, FOR THE PURPOSE OF TRANSPORTATION ONLY, IS NOT A "PERMANENT STATION.' YOUR QUESTION IS ANSWERED ACCORDINGLY.