A-29905, JANUARY 9, 1930, 9 COMP. GEN. 278

A-29905: Jan 9, 1930

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 ARMY OFFICER - CHANGE OF STATION WHERE TRAVEL OF THE DEPENDENT OF AN OFFICER OF THE ARMY IS SUBSEQUENT TO ISSUE OF THE ORDERS FOR A PERMANENT CHANGE OF STATION. NO TRANSPORTATION IN KIND IS FURNISHED FOR THE DEPENDENT. THE OFFICER IS ENTITLED TO THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENT WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED FROM HIS OLD PERMANENT STATION TO HIS ULTIMATE NEW STATION. NOTWITHSTANDING A CHANGE IN THE ULTIMATE NEW STATION WHILE THE OFFICER IS ON LEAVE. 8 COMP. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. IS RELIEVED FROM FURTHER ASSIGNMENT AND DUTY AT MISSISSIPPI AGRICULTURAL AND MECHANICAL COLLEGE.

A-29905, JANUARY 9, 1930, 9 COMP. GEN. 278

TRANSPORTATION - DEPENDENTS OF ARMY OFFICER - CHANGE OF STATION WHERE TRAVEL OF THE DEPENDENT OF AN OFFICER OF THE ARMY IS SUBSEQUENT TO ISSUE OF THE ORDERS FOR A PERMANENT CHANGE OF STATION, AND NO TRANSPORTATION IN KIND IS FURNISHED FOR THE DEPENDENT, THE OFFICER IS ENTITLED TO THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENT WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED FROM HIS OLD PERMANENT STATION TO HIS ULTIMATE NEW STATION, NOTWITHSTANDING A CHANGE IN THE ULTIMATE NEW STATION WHILE THE OFFICER IS ON LEAVE. 8 COMP. GEN. 620 DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, JANUARY 9, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 18, 1929, FILE 156-P AND MB, KABRICH, WILLIAM , CAPTAIN, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. WILLIAM C. KABRICH, C.A.C., UNITED STATES ARMY, FOR $43.68, THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENT, WIFE, FROM A. AND M. COLLEGE, MISS. TO EDGEWOOD ARSENAL, MD., ON PERMANENT CHANGE OF STATION, UNDER THE FOLLOWING ORDERS:

SPECIAL ORDERS NO. 109, WAR DEPARTMENT, DATED MAY 10, 1929:

10. BY DIRECTION OF THE PRESIDENT, CAPTAIN WILLIAM C. KABRICH, COAST ARTILLERY CORPS, IS RELIEVED FROM FURTHER ASSIGNMENT AND DUTY AT MISSISSIPPI AGRICULTURAL AND MECHANICAL COLLEGE, A. AND M. COLLEGE, MISSISSIPPI, TO TAKE EFFECT AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER, IS THEN ASSIGNED TO THE 6TH COAST ARTILLERY, AND WILL PROCEED AT THE PROPER TIME TO NEW YORK CITY AND SAIL ON THE TRANSPORT SCHEDULED TO LEAVE THAT PORT ON OR ABOUT SEPTEMBER 27, 1929, FOR SAN FRANCISCO. UPON ARRIVAL IN SAN FRANCISCO HE WILL PROCEED TO FORT WINFIELD SCOTT, CALIFORNIA, AND REPORT IN PERSON TO THE COMMANDING OFFICER FOR DUTY WITH THE REGIMENT TO WHICH ASSIGNED. THE NAME OF CAPTAIN KABRICH IS REMOVED FROM THE DETACHED OFFICERS' LIST, EFFECTIVE UPON RELIEF FROM HIS PRESENT DUTY. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 43 P 5040 A 2-0.

SPECIAL ORDERS NO. 205, WAR DEPARTMENT, DATED SEPTEMBER 3, 1929:

20. BY DIRECTION OF THE PRESIDENT, PAR. 10 S.O., 109, W.D. 1929, IS REVOKED AND CAPTAIN WILLIAM C. KABRICH, COAST ARTILLERY CORPS, IS RELIEVED FROM FURTHER ASSIGNMENT AND DUTY AT MISSISSIPPI AGRICULTURAL AND MECHANICAL COLLEGE, A. AND M. COLLEGE, MISSISSIPPI, TO TAKE EFFECT UPON THE EXPIRATION OF HIS PRESENT LEAVE OF ABSENCE, WILL THEN PROCEED TO EDGEWOOD ARSENAL, MARYLAND, AND REPORT TO THE COMMANDING OFFICER FOR DUTY. THE NAME OF CAPTAIN KABRICH IS REMOVED FROM THE DETACHED OFFICERS' LIST. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 36 P 5040 A 2-0.

IT IS STATED THAT THE OFFICER AVAILED HIMSELF OF A LEAVE OF ABSENCE BEFORE THE FIRST ORDER BECAME EFFECTIVE, AND THAT HIS DEPENDENT LEFT THE OLD STATION AUGUST 4, 1929, AND WAS AT WASHINGTON, D.C., WHEN THE SECOND ORDER, REVOKING THE FIRST ORDER AND PERMANENTLY ASSIGNING THE OFFICER TO DUTY AT EDGEWOOD ARSENAL, WAS RECEIVED.

THE RULE ESTABLISHED UNDER SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, AND SEC. 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, IS THAT WHERE THE TRAVEL OF A DEPENDENT FROM THE OLD STATION IS SUBSEQUENT TO THE ISSUE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION, AND NO TRANSPORTATION IN KIND HAS BEEN FURNISHED, THE PAYMENT OF THE COMMERCIAL COST OF TRANSPORTATION IS AUTHORIZED, ON THE BASIS OF THE SHORTEST USUALLY TRAVELED ROUTE, WHEN TRAVEL SHALL HAVE BEEN COMPLETED, FROM THE OLD PERMANENT STATION TO THE ULTIMATE NEW STATION, NOTWITHSTANDING THE CHANGE IN THE ULTIMATE NEW STATION WHILE THE OFFICER IS ON LEAVE. 4 COMP. GEN. 40; 8 ID. 524.

THE TRAVEL OF CAPTAIN KABRICH'S DEPENDENT FROM A. AND M. COLLEGE TO WASHINGTON, D.C., WAS SUBSEQUENT TO THE ISSUE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION, AND THE ORDERS RECEIVED AT WASHINGTON HAD THE EFFECT ONLY OF CHANGING THE ULTIMATE NEW STATION FROM SAN FRANCISCO TO EDGEWOOD ARSENAL, AND THE MATTER OF ADJUSTMENT OF TRAVEL OF HIS DEPENDENT IS ENTIRELY UNDER SEC. 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT OF THE COMMERCIAL COST OF TRANSPORTATION FROM A. AND M. COLLEGE TO EDGEWOOD ARSENAL, THE TRAVEL HAVING BEEN COMPLETED THERETO OCTOBER 10, 1929, IS AUTHORIZED ON THE VOUCHER IF IT IS OTHERWISE CORRECT.

THIS CONCLUSION SHOULD NOT BE CONFUSED WITH DECISION OF MAY 28, 1929, 8 COMP. GEN. 620, WHERE THE OFFICER EXHAUSTED HIS RIGHT TO TRANSPORTATION IN KIND FOR DEPENDENTS TO THE FIRST ASSIGNED NEW STATION AND IT WAS HELD THAT HE WAS NOT ENTITLED TO BE PAID THE COMMERCIAL COST OF TRAVEL OF DEPENDENTS WHILE HE WAS ON LEAVE AND BEFORE THE ISSUANCE OF A SECOND ORDER CHANGING HIS NEW STATION, CITING IN THAT CONNECTION ELMORE V. THE UNITED STATES, 61 CT.CLS. 173. ..END :