A-28475, SEPTEMBER 9, 1929, 9 COMP. GEN. 110

A-28475: Sep 9, 1929

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TRANSPORTATION - DEPENDENTS - MARINE CORPS OFFICER WHERE AN OFFICER OF THE MARINE CORPS WAS ORDERED TO MAKE A PERMANENT CHANGE OF STATION FROM PARRIS ISLAND. TRANSPORTATION IN KIND WAS FURNISHED HIS DEPENDENTS FOR THE SEA PORTION OF THE JOURNEY FROM NEW ORLEANS. WAS NOT FURNISHED FOR THE LAND PORTION OF THE JOURNEY FROM PORT ROYAL. PAYMENT IS AUTHORIZED OF THE COMMERCIAL COST OF TRANSPORTATION OF THE OFFICER'S DEPENDENTS FOR SAID LAND JOURNEY. 7 COMP. AS FOLLOWS: THERE IS INCLOSED VOUCHER IN AMOUNT OF $64.80 IN FAVOR OF MAJ. ATTENTION IS INVITED TO STATEMENT APPEARING ON VOUCHER FROM WHICH IT WILL BE NOTED THAT GOVERNMENT TRANSPORTATION WAS FURNISHED FROM NEW ORLEANS. IT IS REQUESTED THAT THIS OFFICE BE ADVISED.

A-28475, SEPTEMBER 9, 1929, 9 COMP. GEN. 110

TRANSPORTATION - DEPENDENTS - MARINE CORPS OFFICER WHERE AN OFFICER OF THE MARINE CORPS WAS ORDERED TO MAKE A PERMANENT CHANGE OF STATION FROM PARRIS ISLAND, S.C., TO PUERTO CABEZAS, NICARAGUA, AND TRANSPORTATION IN KIND WAS FURNISHED HIS DEPENDENTS FOR THE SEA PORTION OF THE JOURNEY FROM NEW ORLEANS, LA., TO NICARAGUA, BUT WAS NOT FURNISHED FOR THE LAND PORTION OF THE JOURNEY FROM PORT ROYAL, S.C., TO NEW ORLEANS, LA., PAYMENT IS AUTHORIZED OF THE COMMERCIAL COST OF TRANSPORTATION OF THE OFFICER'S DEPENDENTS FOR SAID LAND JOURNEY. 7 COMP. GEN. 544, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO LIEUT.COL. CHARLES R. SANDERSON, UNITED STATES MARINE CORPS, SEPTEMBER 9, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 19, 1929, AS FOLLOWS:

THERE IS INCLOSED VOUCHER IN AMOUNT OF $64.80 IN FAVOR OF MAJ. CLYDE H. METCALF, U.S.M.C., TOGETHER WITH COPIES OF CHANGE OF STATION ORDERS DATED MARCH 9, 1929, MARINE BARRACKS, PARRIS ISLAND, S.C., TO SECOND BRIGADE, UNITED STATES MARINES, MANAGUA, NICARAGUA, AND MAY 3, 1929, FROM MANAGUA, NICARAGUA, TO PUERTO CABEZAS, NICARAGUA, FOR REIMBURSEMENT IN LIEU OF TRANSPORTATION IN KIND FOR TRANSPORTATION OF THE DEPENDENT WIFE AND THIRTEEN-YEAR-OLD DAUGHTER OF MAJOR METCALF FROM PORT ROYAL, S.C., TO NEW ORLEANS, LA.

ATTENTION IS INVITED TO STATEMENT APPEARING ON VOUCHER FROM WHICH IT WILL BE NOTED THAT GOVERNMENT TRANSPORTATION WAS FURNISHED FROM NEW ORLEANS, LA., TO PUERTO CABEZAS, NICARAGUA. IN VIEW OF THE PROVISIONS OF YOUR DECISION A-19063, DATED MARCH 5, 1928, IT IS REQUESTED THAT THIS OFFICE BE ADVISED, WITH RETURN OF ALL INCLOSURES, WHETHER OR NOT THE VOUCHER CAN BE PAID.

IT APPEARS THAT BY ORDERS DATED MARCH 9 AND MAY 3, 1929, MAJOR METCALF WAS ORDERED TO MAKE A PERMANENT CHANGE OF STATION FROM MARINE BARRACKS, PARRIS ISLAND, S.C., TO PUERTO CABEZAS, NICARAGUA.

ON THE VOUCHER IT IS STATED:

* * * TRANSPORTATION IN KIND HAS NOT BEEN FURNISHED FOR THIS PART OF THE JOURNEY. (PORT ROYAL, S.C., TO NEW ORLEANS, LA.) GOVERNMENT TRANSPORTATION HAVING BEEN FURNISHED FROM NEW ORLEANS, LA., TO PUERTO CABEZAS, NIC.

THIS STATEMENT IS UNDERSTOOD TO MEAN THAT TRANSPORTATION IN KIND WAS FURNISHED FROM NEW ORLEANS, LA., TO NICARAGUA, AND THAT NO TRANSPORTATION IN KIND WAS REQUESTED OR FURNISHED FROM PORT ROYAL, S.C., TO NEW ORLEANS, LA.

IN THE DECISION REFERRED TO BY YOU, 7 COMP. GEN. 544, IT WAS HELD THAT AN OFFICER WAS NOT ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS UNDER THE ACT OF MAY 18, 1920, 41 STAT. 604, FOR A PORTION OF THE JOURNEY, AND TO A PAYMENT OF MONEY EQUAL TO THE COMMERCIAL COST FOR THE REMAINING PORTION OF THE JOURNEY UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 631, AND THIS PRINCIPLE WAS APPLIED TO THE CASE OF AN OFFICER WHO, HAVING BEEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION FROM NEW YORK TO THE PHILIPPINE ISLANDS, REQUESTED AND WAS FURNISHED TRANSPORTATION IN KIND FOR HIS DEPENDENTS FOR ONLY A PORTION OF THE JOURNEY FROM NEW YORK TO SAN FRANCISCO, IT BEING HELD THAT HE WAS NOT ENTITLED TO THE COMMERCIAL COSTS OF THE TRANSPORTATION FOR THE REMAINING PORTION OF THE JOURNEY FROM NEW YORK TO SAN FRANCISCO. THE TRAVEL FROM SAN FRANCISCO TO THE PHILIPPINE ISLANDS WAS NOT INVOLVED AND WAS NOT CONSIDERED.

WHERE SEA TRAVEL IS INVOLVED ON A PERMANENT CHANGE OF STATION, BY REASON OF THE PROVISIONS OF THE ACT OF MAY 18, 1920, 41 STAT. 604, THAT TRANSPORTATION OF DEPENDENTS TO OR FROM STATIONS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT IF SUCH TRANSPORTATION IS AVAILABLE, THE ACT OF JUNE 10, 1922, IS NOT APPLICABLE THERETO AND THE SEA PORTION OF DEPENDENT'S TRAVEL IS NOT WITHIN THE REASON OR LAW OF THE DECISION CITED BY YOU. NO TRANSPORTATION IN KIND HAVING BEEN FURNISHED FOR ANY PORTION OF THE JOURNEY FROM PORT ROYAL TO NEW ORLEANS, THE CITED DECISION HAS NO APPLICATION TO THE FACTS IN THIS CASE.