A-32362, JULY 11, 1930, 10 COMP. GEN. 17

A-32362: Jul 11, 1930

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AN OFFICER OF THE ARMY IS. FURNISHED TRANSPORTATION IN KIND FOR HIS DEPENDENTS FOR A PART OF THE DISTANCE AND REQUEST FOR TRANSPORTATION FOR THE BALANCE OF THE DISTANCE IS REFUSED. THAT RAIL TRANSPORTATION WAS FURNISHED BY THE GOVERNMENT FOR THAT PORTION OF THE TRAVEL FROM LOS ANGELES TO SAN FRANCISCO. IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED. * * * YOU WERE ENTITLED TO TRANSPORTATION IN KIND FOR YOUR WIFE FROM THE OLD TO THE NEW STATION UNDER THE ACT OF MAY 18. TO PAYMENT OF AN AMOUNT IN MONEY EQUAL TO THE COMMERCIAL COST WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED UNDER THE ACT OF JUNE 10.

A-32362, JULY 11, 1930, 10 COMP. GEN. 17

TRANSPORTATION - DEPENDENTS OF ARMY OFFICER WHERE, UNDER THE ACT OF MAY 18, 1920, 41 STAT. 604, AN OFFICER OF THE ARMY IS, UPON PERMANENT CHANGE OF STATION, FURNISHED TRANSPORTATION IN KIND FOR HIS DEPENDENTS FOR A PART OF THE DISTANCE AND REQUEST FOR TRANSPORTATION FOR THE BALANCE OF THE DISTANCE IS REFUSED, REIMBURSEMENT OF THE COMMERCIAL COST OF TRAVEL OF THE DEPENDENTS FROM THE INTERMEDIATE POINT TO THE ULTIMATE DESTINATION MAY BE MADE.

COMPTROLLER GENERAL MCCARL TO COL. GEORGE F. HAMILTON, UNITED STATES ARMY, JULY 11, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 5, 1930, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 29, 1930 (CLAIM NO. 0278145), WHICH DISALLOWED YOUR CLAIM FOR COMMERCIAL COST OF TRANSPORTATION OF DEPENDENT (WIFE) FROM NEW YORK, N.Y., TO CHICAGO, ILL., UNDER CHANGE OF STATION ORDERS OF DECEMBER 7, 1929, AS AMENDED BY ORDERS OF JANUARY 9, 1930, RELIEVING YOU FROM DUTY AT LOS ANGELES, CALIF., DIRECTING YOU TO PROCEED TO SAN FRANCISCO, CALIF., AND TO SAIL ON THE TRANSPORT SCHEDULED TO LEAVE SAN FRANCISCO FOR NEW YORK ON OR ABOUT MARCH 1, 1930, AND UPON ARRIVAL AT NEW YORK TO PROCEED TO CHICAGO AND REPORT TO THE COMMANDING GENERAL SIXTH CORPS AREA FOR ASSIGNMENT TO DUTY IN CONNECTION WITH RECRUITING.

INDORSEMENTS ON VOUCHER SUBMITTED BY YOU SHOW YOUR WIFE PERFORMED TRAVEL BETWEEN OLD STATION, LOS ANGELES, AND NEW STATION, CHICAGO, DURING THE PERIOD FROM FEBRUARY 25, 1930, TO MAY 3, 1930, AND THAT RAIL TRANSPORTATION WAS FURNISHED BY THE GOVERNMENT FOR THAT PORTION OF THE TRAVEL FROM LOS ANGELES TO SAN FRANCISCO, THE TRAVEL FROM SAN FRANCISCO TO NEW YORK HAVING BEEN, APPARENTLY, PERFORMED WITH YOU ON ARMY TRANSPORT.

SECTION 12 OF THE ACT OF MAY 18, 1920 (41 STAT. 604), PROVIDES THAT 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.

THE SECOND PARAGRAPH OF SECTION 12 OF THE ACT OF JUNE 10, 1922 (42 STAT. 631), PROVIDES:

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. * * *

YOU WERE ENTITLED TO TRANSPORTATION IN KIND FOR YOUR WIFE FROM THE OLD TO THE NEW STATION UNDER THE ACT OF MAY 18, 1920, OR, IN LIEU THEREOF, TO PAYMENT OF AN AMOUNT IN MONEY EQUAL TO THE COMMERCIAL COST WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED UNDER THE ACT OF JUNE 10, 1922, BUT YOU WERE NOT ENTITLED TO TRANSPORTATION IN KIND FROM LOS ANGELES TO SAN FRANCISCO OR TO NEW YORK VIA SAN FRANCISCO AND THE PANAMA CANAL, UNDER THE 1920 ACT AND TO PAYMENT IN MONEY OF THE COMMERCIAL COST FOR ANY PORTION OF THE AUTHORIZED TRANSPORTATION UNDER THE 1922 ACT.

THE GOVERNMENT HAS A RIGHT TO FURNISH TRANSPORTATION IN KIND UNDER THE 1920 ACT NOTWITHSTANDING THE PROVISIONS OF THE ACT OF 1922, AND WHERE THE TRAVEL OF DEPENDENTS IS REQUIRED OR AUTHORIZED BY THE DEPARTMENT BY AVAILABLE GOVERNMENT MEANS OF TRANSPORTATION FOR THE WHOLE OR A SUBSTANTIAL PORTION OF THE DISTANCE, THE OFFICER HAS NO RIGHT UNDER THE ACT OF 1922, THE GOVERNMENT HAVING FURNISHED TRANSPORTATION IN KIND FOR A PORTION OF THE DISTANCE. IF THE OFFICER WAS REFUSED TRANSPORTATION FOR THE BALANCE OF THE DISTANCE, REIMBURSEMENT MAY BE MADE UNDER THE ACT OF 1920, OF HIS ACTUAL COST, NOT EXCEEDING THE COST TO THE GOVERNMENT OF FURNISHING HIM TRANSPORTATION IN KIND FROM THE INTERMEDIATE POINT TO THE ULTIMATE DESTINATION. YOU DO NOT STATE WHETHER APPLICATION WAS MADE FOR TRANSPORTATION OF YOUR WIFE FROM NEW YORK TO CHICAGO. ON A SHOWING THAT SUCH APPLICATION WAS TIMELY MADE, THAT TRANSPORTATION WAS NOT FURNISHED, AND THE EXPENSE TO WHICH YOU WERE PUT FOR TRANSPORTATION OF YOUR DEPENDENTS, FURTHER CONSIDERATION WILL BE GIVEN THE MATTER.