A-5886, NOVEMBER 11, 1924, 4 COMP. GEN. 438

A-5886: Nov 11, 1924

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1924: I HAVE YOUR REQUEST OF OCTOBER 20. AS FOLLOWS: IN ACCORDANCE WITH THE FOLLOWING INSTRUCTIONS YOU WILL REGARD YOURSELF DETACHED FROM YOUR PRESENT STATION. FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED. YOU WILL PROCEED AND REPORT FOR DUTY AS INDICATED: TO THE COMMANDING OFFICER OF THE U.S.S. THE INDORSEMENTS ON THESE ORDERS SHOW THAT THE ORDERS WERE DELIVERED AND THAT HE WAS DETACHED FROM THE NAVAL ACADEMY JUNE 4. IT FURTHER APPEARS THAT ENSIGN DUNN WAS MARRIED IN WASHINGTON ON JUNE 5. THAT TRANSPORTATION WAS REFUSED. IS APPLICABLE ONLY TO OFFICERS WHO HAVE A WIFE OR DEPENDENT CHILD OR CHILDREN ON THAT DATE. THE RIGHT TO "PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED.

A-5886, NOVEMBER 11, 1924, 4 COMP. GEN. 438

TRANSPORTATION OF DEPENDENTS - NAVAL OFFICERS THE RIGHT TO TRANSPORTATION OF THE WIFE OF AN OFFICER OF THE NAVY ACCRUES ON THE EFFECTIVE DATE OF THE ORDER TO MAKE A PERMANENT CHANGE OF STATION, AND MARRIAGE AFTER THAT DATE AND WHILE EN ROUTE TO THE NEW STATION DOES NOT ENTITLE THE OFFICER TO TRANSPORTATION FOR HIS WIFE FROM HER FORMER HOUSE TO THE NEW STATION, NOR TO PAYMENT FOR THE COST OF COMMERCIAL TRANSPORTATION PURCHASED BY HIM FOR HIS WIFE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, NOVEMBER 11, 1924:

I HAVE YOUR REQUEST OF OCTOBER 20, 1924, FOR DECISION WHETHER ENSIGN PETER H. H. DUNN, UNITED STATES NAVY, MAY BE REIMBURSED FOR THE COST OF TRANSPORTATION OF HIS WIFE FROM WASHINGTON, D.C., TO SAN FRANCISCO, CALIF., UNDER ORDERS DATED MAY 15, 1924, AS FOLLOWS:

IN ACCORDANCE WITH THE FOLLOWING INSTRUCTIONS YOU WILL REGARD YOURSELF DETACHED FROM YOUR PRESENT STATION, AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED; YOU WILL PROCEED AND REPORT FOR DUTY AS INDICATED:

TO THE COMMANDING OFFICER OF THE U.S.S. PENNSYLVANIA AT SEATTLE, WASH., REPORTING ON 30 JUNE, 1924.

THE INDORSEMENTS ON THESE ORDERS SHOW THAT THE ORDERS WERE DELIVERED AND THAT HE WAS DETACHED FROM THE NAVAL ACADEMY JUNE 4, 1924; LEFT ANNAPOLIS JUNE 4; ARRIVED WASHINGTON, D.C., JUNE 4; LEFT WASHINGTON, D.C., JUNE 17; ARRIVED SAN FRANCISCO JUNE 21; LEFT SAN FRANCISCO JUNE 27; ARRIVED SEATTLE JUNE 29; REPORTED COMMANDANT THIRTEENTH NAVAL DISTRICT JUNE 30, 1924; AND REPORTED ON U.S.S. PENNSYLVANIA UPON ARRIVAL JULY 1, 1924. IT FURTHER APPEARS THAT ENSIGN DUNN WAS MARRIED IN WASHINGTON ON JUNE 5; THAT HE APPLIED TO THE BUREAU OF NAVIGATION FOR TRANSPORTATION FOR HIS WIFE FROM WASHINGTON TO SAN FRANCISCO; AND THAT TRANSPORTATION WAS REFUSED.

THE RIGHT TO TRANSPORTATION UNDER THE ACT OF MAY 18, 1920, 41 STAT. 604, ACCRUES ON THE EFFECTIVE DATE OF THE ORDERS TO MAKE A PERMANENT CHANGE OF STATION, AND IS APPLICABLE ONLY TO OFFICERS WHO HAVE A WIFE OR DEPENDENT CHILD OR CHILDREN ON THAT DATE. THE RIGHT TO "PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED," CONFERRED BY SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, WAS GRANTED IN LIEU OF THE TRANSPORTATION IN KIND AUTHORIZED BY SECTION 12 OF THE ACT OF MAY 18, 1920. NO RIGHT TO PAYMENT UNDER THE 1922 LAW ARISES UNLESS A RIGHT TO TRANSPORTATION IN KIND EXISTED UNDER THE 1920 LAW. 2 COMP. GEN. 712; 32 MS. COMP. GEN. 440, APRIL 9, 1924.

THE ORDER TO MAKE A PERMANENT CHANGE OF STATION IN THE CASE OF ENSIGN DUNN WAS EFFECTIVE JUNE 4, 1924, AT ANNAPOLIS, MD., AS IT WAS FROM DUTY AT THAT PLACE THAT HE WAS ORDERED TO THE U.S.S. PENNSYLVANIA. AT TIME OF SAID RELIEF FROM DUTY HE HAD NO WIFE. MARRIAGE WHILE EN ROUTE TO THE NEW POST OF DUTY DID NOT CREATE A RIGHT TO TRANSPORTATION FOR THE WIFE FROM THE PLACE AT WHICH SHE MIGHT HAVE BEEN. 2 COMP. GEN. 712.

YOU ARE ACCORDINGLY ADVISED THAT PAYMENT OF THE CLAIM IN QUESTION IS NOT AUTHORIZED.