A-40729, APRIL 20, 1932, 11 COMP. GEN. 396

A-40729: Apr 20, 1932

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TRANSPORTATION - DEPENDENTS OF ARMY OFFICER - ASSIGNMENT TO TEMPORARY DUTY WHERE THE JOURNEY BY THE ORDERED ROUTE FROM THE OLD TO THE NEW STATION BY AN OFFICER OF THE ARMY AND HIS DEPENDENTS IS MADE IMPOSSIBLE BY THE ASSIGNMENT OF THE OFFICER TO TEMPORARY DUTY EN ROUTE. IT IS SHOWN THAT PURSUANT TO THESE ORDERS YOUR DEPENDENTS LEFT VANCOUVER BARRACKS JULY 25. AT NEW YORK THE QUARTERMASTER WAS REQUESTED TO FURNISH TRANSPORTATION TO CAMP PERRY. WHICH WAS DENIED. COST OF TRANSPORTATION BY RAIL WAS PAID FROM PERSONAL FUNDS. NO REQUEST WAS MADE FOR TRANSPORTATION FROM CAMP PERRY TO FORT BENNING. IT IS STATED THAT THIS TRAVEL WAS BY PRIVATELY OWNED AUTOMOBILE. THE CLAIM WAS DISALLOWED. AS IT HAS BEEN CONSISTENTLY HELD THAT WHERE THE DEPENDENTS OF AN OFFICER ARE FURNISHED TRANSPORTATION IN KIND UNDER THE ACT OF MAY 18.

A-40729, APRIL 20, 1932, 11 COMP. GEN. 396

TRANSPORTATION - DEPENDENTS OF ARMY OFFICER - ASSIGNMENT TO TEMPORARY DUTY WHERE THE JOURNEY BY THE ORDERED ROUTE FROM THE OLD TO THE NEW STATION BY AN OFFICER OF THE ARMY AND HIS DEPENDENTS IS MADE IMPOSSIBLE BY THE ASSIGNMENT OF THE OFFICER TO TEMPORARY DUTY EN ROUTE, REQUIRING DEVIATION FROM THE DIRECTED ROUTE OF TRAVEL, THE DEPENDENTS HAVING BEEN FURNISHED TRANSPORTATION IN KIND TO THE POINT OF DEVIATION, AND NOT BEING ENTITLED TO TRANSPORTATION TO THE TEMPORARY DUTY STATION, THE OFFICER MAY BE PAID, UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, THE COMMERCIAL COST OF TRANSPORTATION FOR HIS DEPENDENTS FROM THE POINT OF DEVIATION TO THE NEW STATION VIA THE SHORTEST USUALLY TRAVELED ROUTE.

COMPTROLLER GENERAL MCCARL TO CAP. JAMES F. STRAIN, UNITED STATES ARMY, APRIL 20, 1932:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. 0355262, DATED NOVEMBER 10, 1931, DISALLOWING YOUR CLAIM FOR COMMERCIAL COST OF TRANSPORTATION OF YOUR DEPENDENTS (WIFE AND FIVE CHILDREN) FROM NEW YORK, N.Y., TO FORT BENNING, GA., UNDER SPECIAL ORDERS NO. 95, WAR DEPARTMENT, DATED APRIL 23, 1931, AS AMENDED BY LETTER ORDER FROM THE ADJUTANT GENERAL OF THE ARMY DATED JULY 8, 1931, RELIEVING YOU FROM DUTY WITH THE SEVENTH INFANTRY, VANCOUVER BARRACKS, WASH., DIRECTING YOU TO PROCEED TO SAN FRANCISCO AND TO SAIL ON THE TRANSPORT SCHEDULED TO LEAVE SAN FRANCISCO FOR NEW YORK ON OR ABOUT JULY 31, 1931, AND UPON ARRIVAL AT NEW YORK, PROCEED TO CAMP PERRY, OHIO, FOR TEMPORARY DUTY IN CONNECTION WITH THE NATIONAL MATCHES, AND UPON COMPLETION OF SUCH TEMPORARY DUTY PROCEED TO FORT BENNING, GA., AND REPORT TO THE COMMANDANT THE INFANTRY SCHOOL FOR DUTY AS A STUDENT IN THE 1931-32 ADVANCED COURSE. IT IS SHOWN THAT PURSUANT TO THESE ORDERS YOUR DEPENDENTS LEFT VANCOUVER BARRACKS JULY 25, 1931, AND COMPLETED TRAVEL TO FORT BENNING SEPTEMBER 16, 1931. THEY TRAVELED BY TRAIN TO SAN FRANCISCO ON TRANSPORTATION REQUEST, THENCE BY TRANSPORT TO NEW YORK. AT NEW YORK THE QUARTERMASTER WAS REQUESTED TO FURNISH TRANSPORTATION TO CAMP PERRY, WHICH WAS DENIED, AND COST OF TRANSPORTATION BY RAIL WAS PAID FROM PERSONAL FUNDS. NO REQUEST WAS MADE FOR TRANSPORTATION FROM CAMP PERRY TO FORT BENNING, AND IT IS STATED THAT THIS TRAVEL WAS BY PRIVATELY OWNED AUTOMOBILE.

THE CLAIM WAS DISALLOWED, AS IT HAS BEEN CONSISTENTLY HELD THAT WHERE THE DEPENDENTS OF AN OFFICER ARE FURNISHED TRANSPORTATION IN KIND UNDER THE ACT OF MAY 18, 1920, FOR A PORTION OF THE JOURNEY, THE OFFICER IS NOT ENTITLED TO THE COMMERCIAL COST OF TRANSPORTATION FOR THE REMAINING PORTION OF THE TRAVEL UNDER THE ACT OF JUNE 10, 1922, AS THERE CAN BE NO MINGLING OF RIGHTS UNDER THE TWO ACTS. THIS RULE IS FOR APPLICATION IN ALL CASES WHERE THE OFFICER PROCEEDS FROM THE OLD TO THE NEW STATION (BOTH STATIONS BEING IN THE UNITED STATES) WITHOUT ASSIGNMENT TO INTERMEDIATE TEMPORARY DUTY, AND WHETHER OR NOT THE OFFICER IS GRANTED AND TAKES LEAVE OF ABSENCE EN ROUTE. BUT THE RULE IS NOT FOR APPLICATION WHERE THE DIRECT JOURNEY BY THE ORDERED ROUTE FROM THE OLD TO THE NEW STATION BY THE OFFICER AND HIS DEPENDENTS IS MADE IMPOSSIBLE BY THE ASSIGNMENT OF THE OFFICER TO TEMPORARY DUTY EN ROUTE REQUIRING DEVIATION FROM THE ROUTE OF TRAVEL FROM THE OLD TO THE NEW STATION, THE DEPENDENTS NOT BEING ENTITLED TO TRANSPORTATION TO THE TEMPORARY DUTY STATION. IN SUCH A CASE THE COMMERCIAL COST OF TRANSPORTATION FOR DEPENDENTS MAY BE PAID UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED, FROM THE POINT ON THE REQUIRED ROUTE FROM THE OLD TO THE NEW STATION WHERE THE OFFICER WAS COMPELLED TO DEVIATE TO REACH HIS TEMPORARY DUTY STATION TO THE NEW PERMANENT STATION.

THE SETTLEMENT WILL ACCORDINGLY BE REVISED AND YOU WILL BE ALLOWED THE COMMERCIAL COST OF TRANSPORTATION OF YOUR DEPENDENTS FROM NEW YORK TO FORT BENNING, GA. ..END :