A-39254, NOVEMBER 5, 1931, 11 COMP. GEN. 168

A-39254: Nov 5, 1931

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHO WAS DIRECTED TO UTILIZE TRANSPORTATION BY ARMY TRANSPORT FROM SAN FRANCISCO. WAS PERMITTED TO TRAVEL OVERLAND ON CONDITION THAT NO ADDITIONAL EXPENSE TO THE GOVERNMENT WOULD BE INCURRED. IS NOT ENTITLED TO PAYMENT OF THE COMMERCIAL COST OF TRANSPORTATION COMPUTED BY THE ALL-RAIL ROUTE BETWEEN HIS OLD STATION AND HIS NEW STATION. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF COL. UPON HIS REQUEST WAS PERMITTED TO TRAVEL OVERLAND ON CONDITION THAT NO ADDITIONAL EXPENSE TO THE GOVERNMENT WOULD BE INCURRED. IS RELIEVED FROM FURTHER ASSIGNMENT AND DUTY AT PORTLAND. TO TAKE EFFECT AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER.

A-39254, NOVEMBER 5, 1931, 11 COMP. GEN. 168

TRANSPORTATION - DEPENDENTS OF ARMY OFFICER AN OFFICER OF THE ARMY ORDERED TO MAKE A PERMANENT CHANGE OF STATION FROM A DUTY POST ON THE WEST COAST TO A DUTY POST ON THE EAST COAST, WHO WAS DIRECTED TO UTILIZE TRANSPORTATION BY ARMY TRANSPORT FROM SAN FRANCISCO, CALIF., TO NEW YORK, N.Y., FOR HIMSELF AND DEPENDENTS, BUT WAS PERMITTED TO TRAVEL OVERLAND ON CONDITION THAT NO ADDITIONAL EXPENSE TO THE GOVERNMENT WOULD BE INCURRED, IS NOT ENTITLED TO PAYMENT OF THE COMMERCIAL COST OF TRANSPORTATION COMPUTED BY THE ALL-RAIL ROUTE BETWEEN HIS OLD STATION AND HIS NEW STATION, BUT COMPUTATION MUST BE OVER THE DIRECTED ROUTE UTILIZING TRANSPORTATION BY ARMY TRANSPORT.

COMPTROLLER GENERAL MCCARL TO COL. G. M. HOFFMAN, UNITED STATES ARMY, NOVEMBER 5, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 8, 1931, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF COL. G. R. LUKESH, C. ., UNITED STATES ARMY, IN THE AMOUNT OF $382.46, REPRESENTING THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENT FROM PORTLAND, OREG., TO NEW YORK, N.Y., THE OFFICER HAVING BEEN DIRECTED TO UTILIZE TRANSPORTATION BY ARMY TRANSPORT FROM SAN FRANCISCO, CALIF., TO NEW YORK, BUT UPON HIS REQUEST WAS PERMITTED TO TRAVEL OVERLAND ON CONDITION THAT NO ADDITIONAL EXPENSE TO THE GOVERNMENT WOULD BE INCURRED.

SPECIAL ORDERS NO. 131, WAR DEPARTMENT, DATED JUNE 5, 1931, PROVIDES:

4. COLONEL GUSTAVE R. LUKESH, CORPS OF ENGINEERS, IS RELIEVED FROM FURTHER ASSIGNMENT AND DUTY AT PORTLAND, OREGON, TO TAKE EFFECT AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER, WILL PROCEED AT THE PROPER TIME TO SAN FRANCISCO, CALIFORNIA, AND SAIL ON THE TRANSPORT SCHEDULED TO LEAVE THAT PORT ON OR ABOUT AUGUST 29, 1931, FOR NEW YORK CITY, AND UPON ARRIVAL TAKE STATION AND REPORT BY LETTER TO THE CHIEF OF ENGINEERS FOR ASSIGNMENT TO DUTY WITH THE FIRST NEW YORK ENGINEER DISTRICT. IN ADDITION TO THIS ASSIGNMENT, COLONEL LUKESH IS DETAILED TO DUTY WITH THE ORGANIZED RESERVES OF THE SECOND CORPS AREA AND WILL REPORT TO THE COMMANDING GENERAL SECOND CORPS AREA FOR INSTRUCTIONS. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. ALL AUTHORIZED EXPENSES OR ALLOWANCES CONNECTED THEREWITH, INCLUDING CRATING AND SHIPMENT OF HOUSEHOLD GOODS AND TRANSPORTATION OF DEPENDENTS, ARE CHARGEABLE TO RIVER AND HARBOR FUNDS ALLOTTED TO THE FIRST NEW YORK (N.Y.) ENGINEER DISTRICT, IN ACCORDANCE WITH SECTION 5, RIVER AND HARBOR ACT, APPROVED MARCH 3, 1925.

PERMISSION TO TRAVEL OVERLAND WAS GRANTED BY LETTER OF JUNE 25, 1931, FROM THE ADJUTANT GENERAL OF THE ARMY BY ORDER OF THE SECRETARY OF WAR, AS FOLLOWS:

1. REFERRING TO YOUR LETTER OF JUNE 12, 1931, REQUESTING LEAVE OF ABSENCE AND AUTHORITY TO CHANGE STATION OVERLAND, ATTENTION IS INVITED TO PARAGRAPH 1, SPECIAL ORDERS 144, WAR DEPARTMENT, JUNE 20, 1931, GRANTING YOU A LEAVE OF ABSENCE FOR TEN DAYS EFFECTIVE ABOUT AUGUST 10, 1931.

2.YOUR REQUEST TO PROCEED OVERLAND TO YOUR NEW STATION IS APPROVED, PROVIDED NO ADDITIONAL EXPENSE TO THE GOVERNMENT IS INCURRED. YOU WILL BE ALLOWED MILEAGE BY THE SHORTEST TRAVEL ROUTE FROM YOUR PRESENT STATION TO SAN FRANCISCO, CALIFORNIA, AND WILL BE REIMBURSED FOR SUBSISTENCE TO WHICH YOUR WOULD HAVE BEEN ENTITLED HAD YOU TRAVELLED ON THE TRANSPORT. ADDITION TO THIS, YOU WILL BE ALLOWED TRAVEL TIME FROM PORTLAND, OREGON, TO SAN FRANCISCO, THEN NINETEEN DAYS DETACHED SERVICE, THE TIME REQUIRED FOR THE TRANSPORT TO MAKE THE TRIP FROM SAN FRANCISCO TO NEW YORK CITY.

3. IT IS DESIRED THAT YOU NOTIFY THE QUARTERMASTER GENERAL THAT THE RESERVATIONS ON THE AUGUST 29TH TRANSPORT WILL NOT BE UTILIZED BY YOU.

IT IS STATED THAT THE TRAVEL BY THE DEPENDENTS OF THE OFFICER WAS BY THE OFFICER'S PRIVATE AUTOMOBILE, JOURNEY COMMENCED AUGUST 10, 1931, AND COMPLETED AUGUST 31, 1931.

THE FURNISHING OF TRANSPORTATION IN KIND IS AUTHORIZED FOR AN OFFICER'S DEPENDENTS BY SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, AND THE MONEY PAYMENT IN LIEU OF TRANSPORTATION IN KIND IS 604, AUTHORIZED BY SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631. PRIOR TO MAY 18, 1920, OFFICERS ON CHANGE OF STATION WERE COMPELLED TO BEAR THE ENTIRE COST OF TRANSPORTING THEIR DEPENDENTS, EXCEPT AS PROVISION WAS MADE FOR THE TRANSPORTATION OF THE FAMILIES OF OFFICERS ON ARMY TRANSPORTS. THE PURPOSE OF THE ABOVE-CITED ACT WAS TO RELIEVE OFFICERS OF THE COST OF TRANSPORTATION OF THEIR DEPENDENTS, ACTUALLY NECESSARY, FROM ONE PERMANENT STATION TO ANOTHER. 2 COMP. GEN. 638, 640. THE LEGISLATION WAS PASSED WITH KNOWLEDGE OF THE TRANSPORTATION THEN BEING PROVIDED AND WHERE TRANSPORTATION BY TRANSPORT WAS AVAILABLE AND PRACTICABLE IT WAS OBVIOUSLY NOT THE INTENTION TO PROVIDE OTHER AND MORE EXPENSIVE TRANSPORTATION FOR THE DEPENDENTS OF OFFICERS. THE BASIC STATUTE AUTHORIZES THE FURNISHING OF TRANSPORTATION "IN KIND" AND WHEN TRANSPORTATION BY AN ARMY TRANSPORT HAS BEEN OFFERED AND DECLINED TRANSPORTATION "IN KIND" HAS BEEN FURNISHED BY THE GOVERNMENT AND THE OFFICER CAN NOT INCREASE HIS RIGHTS BY DECLINING THE TRANSPORTATION. SINCE THE PASSAGE OF THE ABOVE-CITED ACT OF 1920, AS WELL AS PRIOR THERETO, THE ARMY HAS MAINTAINED TRANSPORTS BETWEEN POINTS ON THE WEST AND EAST COASTS TO FACILITATE ARMY TRANSPORTATION, AND WHERE IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT SUCH MODE OF TRANSPORTATION IS AVAILABLE FOR AN OFFICER AND HIS DEPENDENTS DIRECTED TO MAKE A PERMANENT CHANGE OF STATION, THEIR RIGHTS UNDER THE LAW ARE FIXED ON THE BASIS OF THE ROUTE INVOLVING THE USE OF THE TRANSPORT. PARAGRAPH 6-D OF ARMY REGULATION 30-920 RESPECTING THE ROUTING OF DEPENDENTS IS IN HARMONY WITH THIS CONSTRUCTION OF THE LAW.

THE FACTS IN THIS CASE SHOW THAT TRANSPORTATION WAS AVAILABLE FOR COLONEL LUKESH AND HIS DEPENDENTS ON AN ARMY TRANSPORT, AND THAT FOR HIS OWN CONVENIENCE AND PLEASURE HE WAS PERMITTED TO TRAVEL OVERLAND ON THE CONDITION THAT NO ADDITIONAL EXPENSE TO THE GOVERNMENT WOULD BE INCURRED. THE FACT THAT THE RESERVATIONS ON THE TRANSPORT SURRENDERED BY HIM WERE UTILIZED BY OTHER TRAVELERS IS IMMATERIAL. THE RIGHTS OF THE OFFICER, AS TO HIMSELF AND HIS DEPENDENTS, ARE FIXED ON THE BASIS OF THE DIRECTED TRAVEL BY THE SHORTEST USUALLY TRAVELED ROUTE FROM PORTLAND TO SAN FRANCISCO, THENCE BY ARMY TRANSPORT TO THE NEW STATION. TRAVEL TO NEW YORK, N.Y., HAVING BEEN COMPLETED BY THE OFFICER'S DEPENDENTS WITHOUT TRANSPORTATION HAVING BEEN FURNISHED BY THE GOVERNMENT TO SAN FRANCISCO AND WITHOUT UTILIZING THE TRANSPORTATION OFFERED ON THE TRANSPORT, HE IS ENTITLED ON THE VOUCHER ONLY TO THE COMMERCIAL COST OF RAIL TRANSPORTATION INVOLVED FROM PORTLAND TO SAN FRANCISCO. YOU ARE ADVISED THAT PAYMENT OF THE COMMERCIAL COST OF TRANSPORTATION BY ALL-RAIL ROUTE FROM PORTLAND TO NEW YORK, AS CLAIMED ON THE VOUCHER IS NOT AUTHORIZED.