A-33298, SEPTEMBER 12, 1930, 10 COMP. GEN. 122

A-33298: Sep 12, 1930

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TRANSPORTATION - DEPENDENTS - ARMY OFFICER WHERE AN OFFICER OF THE ARMY WAS FIRST ASSIGNED FOR PERFORMANCE OF DUTY AT A TEMPORARY STATION. HE WAS SUBSEQUENTLY ORDERED TO MAKE A PERMANENT CHANGE OF STATION TO ANOTHER STATION. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF FIRST LIEUT. ARE ANNOUNCED: FREDERICK CANTWELL KELLY. WISCONSIN. * * * LIEUTENANT KELLY WILL PROCEED TO FORT BRADY. UPON RETURN TO DUTY OF THE LATTER LIEUTENANT KELLY WILL PROCEED TO CHANUTE FIELD AND REPORT TO THE COMMANDING OFFICER FOR ASSIGNMENT TO DUTY. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. IS RELIEVED FROM FURTHER ASSIGNMENT AT CHANUTE FIELD.

A-33298, SEPTEMBER 12, 1930, 10 COMP. GEN. 122

TRANSPORTATION - DEPENDENTS - ARMY OFFICER WHERE AN OFFICER OF THE ARMY WAS FIRST ASSIGNED FOR PERFORMANCE OF DUTY AT A TEMPORARY STATION, TO WHICH HIS DEPENDENT (WIFE) PROCEEDED FROM THEIR HOME, AND HE WAS SUBSEQUENTLY ORDERED TO MAKE A PERMANENT CHANGE OF STATION TO ANOTHER STATION, SUCH ORDERS, BEING FROM DUTY AT A MILITARY STATION TO PERMANENT DUTY AT ANOTHER MILITARY STATION, CONSTITUTED A "PERMANENT CHANGE OF STATION" WITHIN THE MEANING OF SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, ENTITLING THE OFFICER TO TRANSPORTATION OF HIS DEPENDENT FROM THE TEMPORARY STATION TO THE NEW PERMANENT STATION.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, SEPTEMBER 12, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 29, 1930, FILE 156--- P AND M B, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF FIRST LIEUT. F. C. KELLY, M.C., UNITED STATES ARMY FOR PAYMENT IN MONEY OF AN AMOUNT EQUAL TO THE COMMERCIAL TRANSPORTATION COSTS FROM FORT BRADY, MICH., TO WASHINGTON, D.C., BY REASON OF TRAVEL PERFORMED BY HIS DEPENDENT (WIFE) IN HIS PRIVATELY OWNED AUTOMOBILE, FROM AUGUST 7, 1930, TO AUGUST 26, 1930.

PARAGRAPH 11, SPECIAL ORDERS NO. 302, WAR DEPARTMENT, DATED DECEMBER 28, 1928, ANNOUNCED THE APPOINTMENT AND ASSIGNMENT TO DUTY OF THIS OFFICER AS FOLLOWS:

11. THE APPOINTMENT AND ASSIGNMENT OF THE FOLLOWING NAMED MEDICAL CORPS RESERVE OFFICERS AS FIRST LIEUTENANTS IN THE MEDICAL CORPS, REGULAR ARMY, WITH RANK FROM NOVEMBER 12, 1929, ARE ANNOUNCED:

FREDERICK CANTWELL KELLY, ANTIGO, WISCONSIN.

* * * LIEUTENANT KELLY WILL PROCEED TO FORT BRADY, MICHIGAN, AND REPORT TO THE COMMANDING OFFICER FOR TEMPORARY DUTY, DURING THE ABSENCE OF CAPTAIN WILLIAM B. KENWORTHEY, MEDICAL CORPS, AND UPON RETURN TO DUTY OF THE LATTER LIEUTENANT KELLY WILL PROCEED TO CHANUTE FIELD AND REPORT TO THE COMMANDING OFFICER FOR ASSIGNMENT TO DUTY. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 31 P 5040 A 2-0 (A.G. 210.1 MEDICAL CORPS). (10-28-29.) (OFF.)

WASHINGTON, D.C., BECAME HIS PERMANENT STATION UNDER PARAGRAPH 29, SPECIAL ORDERS NO. 116, WAR DEPARTMENT, DATED MAY 17, 1930, AS FOLLOWS:

29. FIRST LIEUTENANT FREDERICK C. KELLY, MEDICAL CORPS, IS RELIEVED FROM FURTHER ASSIGNMENT AT CHANUTE FIELD, ILLINOIS, AND FROM TEMPORARY DUTY AT FORT BRADY, MICHIGAN, TO TAKE EFFECT IN TIME TO COMPLY WITH THIS ORDER, AND WILL PROCEED TO WASHINGTON, D.C., AND REPORT TO THE COMMANDANT ARMY MEDICAL SCHOOL, ARMY MEDICAL CENTER, ON OR ABOUT AUGUST 29, 1930, FOR DUTY FOR THE PURPOSE OF PURSUING A COURSE OF INSTRUCTION. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 31 P 5040 A 2-1. (A.G. 210-63, MED SCH.) (5-5-30.)

SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, PROVIDES:

THAT HEREAFTER 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 FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY, * * * TO HIS NEW STATION FOR THE WIFE AND DEPENDENT CHILD OR CHILDREN: * * *, THAT IF THE COST OF SUCH TRANSPORTATION EXCEEDS THAT FOR TRANSPORTATION FROM THE OLD TO THE NEW STATION THE EXCESS COST SHALL BE PAID TO THE UNITED STATES BY THE OFFICER CONCERNED: * * *

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED BY THE ACT OF JUNE 1, 1926, 44 STAT. 680, AUTHORIZED PAYMENT IN MONEY OF AN AMOUNT EQUAL TO THE COMMERCIAL TRANSPORTATION COST IN LIEU OF TRANSPORTATION WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED.

THE PHRASE "CHANGE OF STATION" AS USED IN THE ACT OF MAY 18, 1920, SIGNIFIES A TRANSFER FROM ONE MILITARY STATION TO ANOTHER AND THE PERSONS DESCRIBED IN THE STATUTE WHO ARE ENTITLED TO ITS BENEFITS ARE THOSE IN ACTIVE SERVICE AND THE BENEFITS ACCRUE AT THE TIME OF THEIR TRANSFER UNDER ORDERS FROM DUTY AT A MILITARY STATION TO "PERMANENT" DUTY AT ANOTHER MILITARY STATION. 27 COMP. DEC 391. A PERSON ON ORIGINAL APPOINTMENT AS A COMMISSIONED OFFICER OF THE ARMY FROM CIVIL LIFE IS NOT ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS FROM HIS HOME TO HIS FIRST DUTY STATION. LIEUTENANT KELLY WAS ASSIGNED FOR PERFORMANCE OF MILITARY DUTY AT FORT BRADY, MICH., AND PROCEEDED TO THAT MILITARY STATION FROM HIS HOME AT ANTIGO, WIS. THIS POST WAS DESIGNATED AS TEMPORARY AND CHANUTE FIELD WAS UPON COMPLETION OF THE TEMPORARY DUTY ASSIGNMENT TO BECOME HIS PERMANENT DUTY STATION, BUT BEFORE THE EFFECTIVE DATE OF SUCH CHANGE OF STATION, WASHINGTON, D.C., WAS DESIGNATED BY PROPER ORDERS AS THE PERMANENT DUTY STATION TO WHICH HE WAS TO REPORT. THE OFFICER'S DEPENDENT (WIFE), AT THE TIME THE ORDERS DIRECTING HIM TO PROCEED TO WASHINGTON AND TAKE PERMANENT STATION WERE RECEIVED, WAS AT FORT BRADY, THE OFFICER'S TEMPORARY DUTY STATION. THE OFFICER NOT HAVING HAD A PRIOR PERMANENT STATION, THE ORDERS DIRECTING THE OFFICER TO TRAVEL FROM FORT BRADY TO WASHINGTON WERE A "PERMANENT CHANGE OF STATION" WITHIN THE MEANING OF THE CITED STATUTE AND TRANSPORTATION WAS AUTHORIZED FOR HIS DEPENDENT "TO HIS NEW STATION," YOU ARE ADVISED THAT PAYMENT MAY BE MADE ON THE VOUCHER IF IT IS OTHERWISE CORRECT.