A-2439, JULY 10, 1924, 4 COMP. GEN. 41

A-2439: Jul 10, 1924

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WITH ORDERS TO REPORT FOR DUTY ON A NAVAL VESSEL WHOSE HOME YARD IS THE NAVY YARD AT PUGET SOUND. THE OFFICER IS ENTITLED TO REIMBURSEMENT FOR THE COMMERCIAL COST OF TRANSPORTING HIS DEPENDENTS BETWEEN THE TWO PLACES PROVIDED SUCH TRANSPORTATION HAS TAKEN PLACE WITHIN A REASONABLE TIME AFTER THE CHANGE OF STATION. WHEREIN WAS DISALLOWED HIS CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF HIS WIFE FROM THE NAVY YARD. CLAIMANT WAS DETACHED FROM DUTY AT THE NAVY YARD. HE WAS DETACHED FROM DUTY ON THE U.S.S. IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. WHAT IS A REASONABLE TIME WITHIN WHICH SUCH TRANSPORTATION IN KIND MAY BE FURNISHED IS PRIMARILY FOR DETERMINATION BY THE SECRETARY OF THE NAVY.

A-2439, JULY 10, 1924, 4 COMP. GEN. 41

TRANSPORTATION OF DEPENDENTS OF NAVAL OFFICER - PERMANENT CHANGE OF STATION THE TRANSFER OF A NAVAL OFFICER FROM DUTY ON ONE VESSEL TO DUTY ON ANOTHER VESSEL, BOTH VESSELS HAVING THE SAME HOME YARD, DOES NOT CONSTITUTE A "PERMANENT CHANGE OF STATION" WITHIN THE MEANING OF SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, PROVIDING FOR THE TRANSPORTATION OF DEPENDENTS OF COMMISSIONED OFFICERS WHEN CHANGING STATION. THE DETACHMENT OF A NAVAL OFFICER FROM DUTY AT THE NAVY YARD AT MARE ISLAND, CALIF., WITH ORDERS TO REPORT FOR DUTY ON A NAVAL VESSEL WHOSE HOME YARD IS THE NAVY YARD AT PUGET SOUND, CONSTITUTES A PERMANENT CHANGE OF STATION AND, UNDER SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, THE OFFICER IS ENTITLED TO REIMBURSEMENT FOR THE COMMERCIAL COST OF TRANSPORTING HIS DEPENDENTS BETWEEN THE TWO PLACES PROVIDED SUCH TRANSPORTATION HAS TAKEN PLACE WITHIN A REASONABLE TIME AFTER THE CHANGE OF STATION.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 10, 1924:

LIEUT. COMMANDER F. J. WILLE, UNITED STATES NAVY, APPLIED MARCH 4, 1924, FOR REVIEW OF SETTLEMENT NO. C-61693-N, DATED DECEMBER 8, 1923, WHEREIN WAS DISALLOWED HIS CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF HIS WIFE FROM THE NAVY YARD, MARE ISLAND, CALIF., TO BREMERTON, WASH., IN JULY, 1923.

UNDER ORDERS DATED OCTOBER 28, 1922, CLAIMANT WAS DETACHED FROM DUTY AT THE NAVY YARD, MARE ISLAND, CALIF., NOVEMBER 17, 1922, AND REPORTED FOR DUTY ON BOARD THE U.S.S. PENNSYLVANIA, AT SAN PEDRO, CALIF., ON NOVEMBER 20, 1922. UNDER ORDERS DATED MAY 24, 1923, HE WAS DETACHED FROM DUTY ON THE U.S.S. PENNSYLVANIA AT SAN FRANCISCO, CALIF., JUNE 27, 1923, AND REPORTED FOR DUTY THE NEXT DAY ON BOARD THE U.S.S. CALIFORNIA AT THE SAME PORT.

CLAIMANT STATES THAT HIS WIFE PERFORMED THE TRAVEL ON TRANSPORTATION PURCHASED FROM PERSONAL FUNDS, AND THAT SHE LEFT MARE ISLAND JULY 11, 1923, AND ARRIVED AT BREMERTON, WASH., JULY 13, 1923.

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

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, 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; * * * 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; * * *.

THE TRANSPORTATION FURNISHED DEPENDENTS ON CHANGE OF STATION SHOULD BE WITHIN A REASONABLE TIME AFTER THE ISSUANCE OF ORDERS THEREFOR, AND WHAT IS A REASONABLE TIME WITHIN WHICH SUCH TRANSPORTATION IN KIND MAY BE FURNISHED IS PRIMARILY FOR DETERMINATION BY THE SECRETARY OF THE NAVY. COMP. GEN. 90.

ON SEPTEMBER 9, 1921, THE PRESIDENT APPROVED THE FOLLOWING CHANGE IN PARAGRAPH 4, ARTICLE 1818, U.S. NAVY REGULATIONS, 1920:

TRANSPORTATION FOR WIFE AND DEPENDENT CHILDREN, AS AUTHORIZED BY LAW, WILL BE FURNISHED AT GOVERNMENT EXPENSE AT ANY TIME AFTER RECEIPT OF ORDERS INVOLVING A PERMANENT CHANGE OF STATION, BUT PRIOR TO RECEIPT OF SUBSEQUENT ORDERS INVOLVING ANOTHER PERMANENT CHANGE OF STATION, BY OFFICERS AUTHORIZED TO ISSUE TRANSPORTATION, UPON PRESENTATION OF AN APPLICATION SETTING FORTH THE TRANSPORTATION NEEDED. * * * C.N.R. NO. 2.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDES, IN PART:

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.

PURSUANT TO THIS SECTION THE FOLLOWING EXECUTIVE ORDER DATED AUGUST 25, 1922, WAS PROMULGATED:

FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THE SECOND PARAGRAPH OF SECTION 12 OF AN ACT * * * APPROVED JUNE 10, 1922, THE SECRETARY OF WAR, THE SECRETARY OF THE NAVY * * * ARE HEREBY AUTHORIZED TO MAKE PAYMENTS IN MONEY FOR THE COST OF TRAVEL OF DEPENDENTS OF OFFICERS AND ENLISTED MEN BY COMMERCIAL CARRIER IN LIEU OF TRANSPORTATION IN KIND AUTHORIZED BY SECTION 12 OF AN ACT * * * APPROVED MAY 18, 1920, WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED UNDER SUCH REGULATIONS AS THEY MAY SEVERALLY PRESCRIBE FOR THE SERVICES UNDER THEIR CHANGE.

THE TRAVEL, FOR WHICH REIMBURSEMENT OF THE COST IS CLAIMED, WAS MADE IN JULY, 1923, OR IN THE MONTH SUBSEQUENT TO LIEUTENANT COMMANDER WILLE'S CHANGE FROM DUTY ON THE U.S.S. PENNSYLVANIA TO DUTY ON THE U.S.S. CALIFORNIA. UNDER THE ORDERS TO DUTY ON THE U.S.S. PENNSYLVANIA HE WAS ENTITLED TO TRANSPORTATION IN KIND FOR HIS WIFE FROM VALLEJO, CALIF., TO BREMERTON, WASH., OR TO REIMBURSEMENT FOR A LIKE COST THEREOF IF PAID FOR FROM PERSONAL FUNDS. THE CHANGE FROM DUTY ON THE U.S.S. PENNSYLVANIA (HOME YARD, NAVY YARD, PUGET SOUND) TO DUTY ON THE U.S.S. CALIFORNIA (HOME YARD, NAVY YARD, PUGET SOUND) DID NOT, WITHIN THE MEANING OF SECTION 12 OF THE ACT OF MAY 18, 1920, CONSTITUTE A "PERMANENT CHANGE OF STATION," THE LAW SPECIFICALLY PROVIDING THAT IT IS A CHANGE IN THE HOME YARD WHICH SHALL CONSTITUTE A CHANGE IN "PERMANENT STATION" FOR OFFICERS ON DUTY AFLOAT. THE MERE CHANGING OF DUTY FROM ONE VESSEL TO ANOTHER DOES NOT CONSTITUTE A PERMANENT CHANGE OF STATION WHEN THE VESSEL LEFT AND THE VESSEL JOINED HAVE THE SAME HOME YARD. IN THE INSTANT CASE THE CHANGE OF DUTY FROM THE NAVY YARD, MARE ISLAND, TO THE HOME PORT AT BREMERTON, WAS., CONSTITUTED THE "PERMANENT CHANGE OF STATION.'

CLAIMANT ASKS FOR REIMBURSEMENT UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922. THE PROVISION OF THAT SECTION AUTHORIZES PAYMENT "WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED.'

THE COMMERCIAL FARE OVER THE USUALLY TRAVELED ROUTE FROM VALLEJO, CALIF., TO BREMERTON, WASH., IN JULY, 1923, WAS: RAILROAD $33.37; PULLMAN $10.13; A TOTAL OF $43.50, WHICH AMOUNT IS CERTIFIED DUE CLAIMANT.