A-25157, JANUARY 5, 1929, 8 COMP. GEN. 334

A-25157: Jan 5, 1929

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TRANSPORTATION - DEPENDENTS OF NAVY OFFICER - ANTICIPATED ORDERS AN OFFICER OF THE NAVY IS NOT ENTITLED TO REIMBURSEMENT OF THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENTS WHEN THEY TRAVEL IN ANTICIPATION OF ORDERS SUBSEQUENTLY ISSUED DIRECTING A PERMANENT CHANGE OF STATION. THE CLAIM WAS DISALLOWED ON THE GROUND THAT THE TRAVEL IN QUESTION WAS PERFORMED PRIOR TO THE DATE OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION WHEN NO AUTHORITY EXISTED FOR THE TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE. PROVIDES FOR TRANSPORTATION IN KIND WHEN THE OFFICER "IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. AUTHORIZES PAYMENT OF THE COST OF COMMERCIAL TRANSPORTATION WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED IN LIEU OF FURNISHING TRANSPORTATION IN KIND.

A-25157, JANUARY 5, 1929, 8 COMP. GEN. 334

TRANSPORTATION - DEPENDENTS OF NAVY OFFICER - ANTICIPATED ORDERS AN OFFICER OF THE NAVY IS NOT ENTITLED TO REIMBURSEMENT OF THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENTS WHEN THEY TRAVEL IN ANTICIPATION OF ORDERS SUBSEQUENTLY ISSUED DIRECTING A PERMANENT CHANGE OF STATION.

ACTING COMPTROLLER GENERAL GINN TO LIEUT. ALBERT M. BLEDSOE, UNITED STATES NAVY, JANUARY 5, 929:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. O105917, DATED SEPTEMBER 27, 1928, DISALLOWING YOUR CLAIM FOR REIMBURSEMENT OF COST OF COMMERCIAL TRANSPORTATION OF YOUR DEPENDENTS FROM SAN DIEGO, CALIF., TO SEATTLE, WASH., FEBRUARY 17 TO 19, 1928, UNDER ORDERS OF MARCH 1, 1928, DELIVERED MARCH 13, 1928, DETACHING YOU FROM DUTY ON BOARD THE U.S.S. RENO, DIRECTING YOU TO PROCEED TO THE NAVY YARD, PUGET SOUND, WASH., FOR DUTY, AND GRANTING YOU A DELAY OF ONE MONTH IN SO REPORTING, SUCH DELAY TO BE COUNTED AS LEAVE.

THE CLAIM WAS DISALLOWED ON THE GROUND THAT THE TRAVEL IN QUESTION WAS PERFORMED PRIOR TO THE DATE OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION WHEN NO AUTHORITY EXISTED FOR THE TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE.

THE ACT OF MAY 18, 1920, 41 STAT. 604, AUTHORIZING TRANSPORTATION FOR DEPENDENTS, PROVIDES FOR TRANSPORTATION IN KIND WHEN THE OFFICER "IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION," AND THE LATER ACT OF JUNE 10, 1922, 42 STAT. 631, AUTHORIZES PAYMENT OF THE COST OF COMMERCIAL TRANSPORTATION WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED IN LIEU OF FURNISHING TRANSPORTATION IN KIND. RIGHT TO TRANSPORTATION IN KIND, THEREFORE, DOES NOT ACCRUE PRIOR TO THE ISSUANCE OF THE ORDERS DIRECTING THE CHANGE OF STATION. REIMBURSEMENT FOR COST OF COMMERCIAL TRANSPORTATION BEING IN LIEU OF TRANSPORTATION IN KIND, RIGHT THERETO DOES NOT ACCRUE FOR TRAVEL PERFORMED BEFORE THE OFFICER IS "ORDERED TO MAKE A PERMANENT CHANGE OF STATION.' THE BENEFITS OF THE STATUTE DO NOT ACCRUE WHEN THE DEPENDENTS PERFORM TRAVEL IN ANTICIPATION OF ORDERS BEING ISSUED TO THE OFFICER TO CHANGE STATIONS. THERE MUST BE ACTUAL ORDERS FOR PERMANENT CHANGE OF STATION OR A DULY AUTHORIZED CHANGE OF THE HOME YARD OR HOME PORT OF THE VESSEL ON WHICH THE OFFICER IS SERVING BEFORE RIGHT TO TRANSPORTATION OF DEPENDENTS CAN ACCRUE. SEE 27 COMP. DEC. 401; 1 COMP. GEN. 27; 2 ID. 712; 4 ID. 438; 37 MS. COMP. GEN. 660, A-5049, SEPTEMBER 18, 1924; 46 ID. 583, A-9678, JUNE 13, 1925.