A-26436, MARCH 30, 1929, 8 COMP. GEN. 507

A-26436: Mar 30, 1929

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TRANSPORTATION - DEPENDENTS - ARMY OFFICER AN ENLISTED MAN IN THE ARMY DISCHARGED IN ORDER TO ENABLE HIM TO ACCEPT AN APPOINTMENT AS SECOND LIEUTENANT AND ORDERED AS SUCH OFFICER TO PROCEED TO ANOTHER STATION FOR DUTY IS AN OFFICER ORDERED TO MAKE A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF SECTION 12 OF THE ACT OF MAY 18. 1929: THERE WAS RECEIVED MARCH 14. AS FOLLOWS: ATTACHED HERETO IS VOUCHER IN AMOUNT OF $57.59. WAS THAT OF A PRIVATE IN THE MEDICAL DEPARTMENT. THE UNDERSIGNED IS IN DOUBT WHETHER PAYMENT FOR THE TRANSPORTATION OF THE DEPENDENTS OF SECOND LIEUTENANT ZUVER TO HIS PLACE OF FIRST ASSIGNMENT. IS AUTHORIZED. ACCORDINGLY THIS ACCOUNT IS FORWARDED FOR AN ADVANCE DECISION IN THE PREMISES.

A-26436, MARCH 30, 1929, 8 COMP. GEN. 507

TRANSPORTATION - DEPENDENTS - ARMY OFFICER AN ENLISTED MAN IN THE ARMY DISCHARGED IN ORDER TO ENABLE HIM TO ACCEPT AN APPOINTMENT AS SECOND LIEUTENANT AND ORDERED AS SUCH OFFICER TO PROCEED TO ANOTHER STATION FOR DUTY IS AN OFFICER ORDERED TO MAKE A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, MARCH 30, 1929:

THERE WAS RECEIVED MARCH 14, 1929, YOUR LETTER OF FEBRUARY 11, 1929, AS FOLLOWS:

ATTACHED HERETO IS VOUCHER IN AMOUNT OF $57.59, COVERING CLAIM OF SECOND LIEUTENANT PAUL E. ZUVER, MEDICAL ADMINISTRATIVE CORPS, U.S. ARMY, FOR PAYMENT OF THE MONETARY ALLOWANCE FOR TRAVEL OF HIS DEPENDENTS, MRS. DOROTHEA BULLARD ZUVER, LAWFUL WIFE, AND EDWARD LAURISTON ZUVER, SON, AGE 2 YEARS, BETWEEN THE DATES OF DECEMBER 30, 1928, AND JANUARY 27, 1929, FROM BOSTON, MASSACHUSETTS, OLD PERMANENT STATION, TO FORT BENNING GEORGIA, THE NEW PERMANENT STATION ASSIGNED HIM INCIDENT TO HIS APPOINTMENT AS SECOND LIEUTENANT IN THE REGULAR ARMY.

AS THE STATUS OF THIS OFFICER AT HIS OLD PERMANENT STATION, HEADQUARTERS FIRST CORPS AREA, BOSTON, MASSACHUSETTS, WAS THAT OF A PRIVATE IN THE MEDICAL DEPARTMENT, U.S. ARMY, AND AS THE LAWS PROVIDING FOR TRANSPORTATION OF DEPENDENTS, ON PERMANENT CHANGE OF STATION, DO NOT INCLUDE WITHIN THEIR PROVISIONS THE DEPENDENTS OF ENLISTED MEN BELOW THE FIRST THREE GRADES, THE UNDERSIGNED IS IN DOUBT WHETHER PAYMENT FOR THE TRANSPORTATION OF THE DEPENDENTS OF SECOND LIEUTENANT ZUVER TO HIS PLACE OF FIRST ASSIGNMENT, FORT BENNING GEORGIA, AFTER APPOINTMENT AS A SECOND LIEUTENANT IN THE MEDICAL ADMINISTRATIVE CORPS, REGULAR ARMY, IS AUTHORIZED, AND ACCORDINGLY THIS ACCOUNT IS FORWARDED FOR AN ADVANCE DECISION IN THE PREMISES.

IT APPEARS THAT THE ADJUTANT GENERAL, BY ORDER OF THE SECRETARY OF WAR, ADVISED BY LETTER OF DECEMBER 26, 1928, THE COMMANDING GENERAL, FIRST CORPS AREA, AS FOLLOWS:

1. THE PRESIDENT HAS APPOINTED PRIVATE PAUL ESTABROOKE ZUVER, MED. DEPT., SECOND LIEUTENANT, MEDICAL ADMINISTRATIVE CORPS, REGULAR ARMY, WITH RANK FROM DEC. 8, 1928. IT IS DESIRED THAT YOU SO INFORM HIM.

2. IF HE IS WILLING TO ACCEPT THE APPOINTMENT, HONORABLY DISCHARGE HIM AT ONCE AND DIRECT HIM TO EXECUTE THE OATH OF OFFICE ON THE INCLOSED FORM AND FORWARD IT WITHOUT DELAY TO THE ADJUTANT GENERAL. THE OATH WILL BE EXECUTED ON THE DAY FOLLOWING HIS DISCHARGE, WHICH DISCHARGE CAN NOT BE EARLIER THAN THE DATE ON WHICH NOTICE OF APPOINTMENT IS RECEIVED. ALSO WIRE HIS ACCEPTANCE TO THIS OFFICE THE DAY FOLLOWING HIS DISCHARGE. HIS SERIAL NUMBER WILL BE 0-17373.

3. UPON ACCEPTANCE DIRECT THIS OFFICER TO REPORT TO THE COMMANDING OFFICER, FORT BENNING, GEORGIA, GRANTING HIM SUCH DELAY IN REPORTING AS YOU DEEM NECESSARY, NOT EXCEEDING THIRTY DAYS, AND ADVISE THE C.O. HEREIN NAMED OF THE AMOUNT OF DELAY GRANTED. THE DELAY WILL BE IN THE INTEREST OF THE PUBLIC SERVICE AND WILL BE SO STATED IN YOUR ORDER. (PAR. 22, AR 605-115.) THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE FD 31 P 5040 A 2-9.

IN ACCORDANCE THEREWITH BY PARAGRAPH 9, SPECIAL ORDERS, NO. 3, HEADQUARTERS FIRST CORPS AREA, BOSTON, MASS., JANUARY 4, 1929, LIEUTENANT ZUVER WAS DIRECTED TO REPORT TO THE COMMANDING OFFICER, FORT BENNING, GA., AND WAS GRANTED A DELAY NOT TO EXCEED 30 DAYS IN SO REPORTING.

PARAGRAPH 3, SPECIAL ORDERS, NO. 7, WAR DEPARTMENT, JANUARY 9, 1929, PROVIDES:

3. THE APPOINTMENT AND ASSIGNMENTS OF THE FOLLOWING-NAMED ENLISTED MEN OF THE MEDICAL DEPARTMENT AS SECOND LIEUTENANTS, MEDICAL ADMINISTRATIVE CORPS, REGULAR ARMY, TO RANK FROM DECEMBER 8, 1928, IS ANNOUNCED:

PRIVATE PAUL ESTABROOOKE ZUVER, ARMY BASE, BOSTON, MASSACHUSETTS, TO FORT BENNING, GEORGIA.

EACH OF THE ABOVE-NAMED OFFICERS WILL PROCEED FROM THE PLACE INDICATED AFTER HIS NAME TO THE STATION SPECIFIED AND REPORT IN PERSON TO THE COMMANDING OFFICER FOR ASSIGNMENT TO DUTY. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 31 P 5040 A 2-9. (A.G. 210.1. MED.ADM. CORPS.) (11-23-28) (OFF).

SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, AUTHORIZES THE FURNISHING OF TRANSPORTATION IN KIND FOR THE WIFE AND DEPENDENT CHILDREN OF A COMMISSIONED OFFICER OR A NONCOMMISSIONED OFFICER OF THE GRADE OF COLOR SERGEANT AND ABOVE WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION FROM THE OLD TO BE THE NEW STATION. IN LIEU OF TRANSPORTATION IN KIND SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AUTHORIZES PAYMENT OF AN AMOUNT EQUAL TO THE COMMERCIAL COST OF THE TRANSPORTATION WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED BY SUCH DEPENDENT. THE QUESTION PRESENTED IS WHETHER LIEUTENANT ZUVER WAS ORDERED TO MAKE A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF THE LAW.

AS AN ENLISTED MAN HIS OLD STATION WAS BOSTON, MASS., AND AS AN OFFICER HIS NEW STATION WAS FORT BENNING, GA. HIS SERVICE IN THE ARMY WAS CONTINUOUS. WHAT HIS RIGHTS IN THE PREMISES WOULD HAVE BEEN IF HE HAD BEEN ORDERED TO MAKE THE CHANGE OF STATION AS AN ENLISTED MAN IS IMMATERIAL. AS A MATTER OF FACT THE CHANGE OF STATIONS WAS ORDERED AND EFFECTED AS AN OFFICER. SO FAR AS HE WAS CONCERNED HE WAS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, AND THE FACT THAT HIS CHANGE OF STATUS FROM AN ENLISTED MAN TO THAT OF AN OFFICER MAY HAVE BEEN THE CAUSE FOR THE PERMANENT CHANGE OF STATION DOES NOT ALTER THE FACT THAT IT WAS A PERMANENT CHANGE OF STATION.