A-6242, FEBRUARY 4, 1925, 4 COMP. GEN. 653

A-6242: Feb 4, 1925

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TRANSPORTATION OF DEPENDENTS - MARINE CORPS OFFICER ORDERED TO HOSPITAL WHERE AN OFFICER OF THE MARINE CORPS IS DETACHED FROM DUTY AT A FOREIGN STATION AND ORDERED TO THE UNITED STATES FOR TREATMENT IN A NAVAL HOSPITAL. THE RULE IS OTHERWISE IF THE OFFICER IS ON DUTY AT A STATION WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES WHEN ORDERED TO A HOSPITAL FOR TREATMENT. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER IN FAVOR OF CAPT. YOU WILL STAND DETACHED FROM YOUR PRESENT STATION AND DUTIES AND PROCEED TO THE UNITED STATES VIA THAT VESSEL. UPON ARRIVAL IN THE UNITED STATES YOU WILL PROCEED TO WASHINGTON. WHERE YOU WILL REPORT TO THE COMMANDING OFFICER. WILL FURNISH THE NECESSARY TRANSPORTATION FOR YOU AND YOUR DEPENDENTS TO THE UNITED STATES ON THE CLYDE LINE STEAMSHIP IROQUOIS. 3.

A-6242, FEBRUARY 4, 1925, 4 COMP. GEN. 653

TRANSPORTATION OF DEPENDENTS - MARINE CORPS OFFICER ORDERED TO HOSPITAL WHERE AN OFFICER OF THE MARINE CORPS IS DETACHED FROM DUTY AT A FOREIGN STATION AND ORDERED TO THE UNITED STATES FOR TREATMENT IN A NAVAL HOSPITAL, SUCH PERMANENT DETACHMENT AND ORDER TO THE HOSPITAL MAY BE TREATED AS A PERMANENT CHANGE OF STATION SO AS TO ENTITLE THE OFFICER, UNDER THE ACT OF MAY 18, 1920, 41 STAT. 604, TO TRANSPORTATION OF HIS DEPENDENTS FROM THE FOREIGN STATION TO THE UNITED STATES. THE RULE IS OTHERWISE IF THE OFFICER IS ON DUTY AT A STATION WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES WHEN ORDERED TO A HOSPITAL FOR TREATMENT.

COMPTROLLER GENERAL MCCARL TO MAJ. CHARLES R. SANDERSON, UNITED STATES MARINE CORPS, FEBRUARY 4, 1925:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 10, 1924, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER IN FAVOR OF CAPT. CHARLES D. SNIFFIN, UNITED STATES MARINE CORPS, $10.02, REIMBURSEMENT OF COST OF TRANSPORTATION OF HIS DEPENDENT (WIFE) FROM NEW YORK, N.Y., TO WASHINGTON, D.C., UNDER HIS ORDERS OF OCTOBER 15, 1924, AS FOLLOWS:

REFERENCE: (A) BOARD OF MEDICAL SURVEY, DATED OCTOBER 13, 1924.

1. IN ACCORDANCE WITH THE RECOMMENDATION CONTAINED IN THE ABOVE REFERENCE, UPON THE SAILING OF THE STEAMSHIP IROQUOIS FROM MONTE CRISTI, D.R., OCTOBER 18, 1924, YOU WILL STAND DETACHED FROM YOUR PRESENT STATION AND DUTIES AND PROCEED TO THE UNITED STATES VIA THAT VESSEL. UPON ARRIVAL IN THE UNITED STATES YOU WILL PROCEED TO WASHINGTON, D.C., WHERE YOU WILL REPORT TO THE COMMANDING OFFICER, U.S. NAVAL HOSPITAL, FOR TREATMENT.

2. THE REGIMENTAL QUARTERMASTER, SECOND REGIMENT, U.S. MARINE CORPS, CAPE HAITIEN, HAITI, WILL FURNISH THE NECESSARY TRANSPORTATION FOR YOU AND YOUR DEPENDENTS TO THE UNITED STATES ON THE CLYDE LINE STEAMSHIP IROQUOIS.

3. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE.

THE ACT OF MAY 18, 1920, 41 STAT. 604, AUTHORIZED TRANSPORTATION FOR THE DEPENDENTS OF OFFICERS "WHEN * * * ORDERED TO MAKE A PERMANENT CHANGE OF STATION," AND IT HAS BEEN HELD THAT AN ORDER TO PROCEED TO A HOSPITAL FOR TREATMENT IS NOT A PERMANENT CHANGE OF STATION. CLEARLY THIS IS CORRECT WHERE THERE IS NO DETACHMENT FROM HIS DUTY STATION AND WHERE AFTER TREATMENT, WHETHER OF LIMITED OR EXTENDED DURATION, THE OFFICER WILL RETURN AND RESUME HIS DUTIES. THERE IS NO REASON IN SUCH CASE FOR THE TRAVEL OF HIS DEPENDENTS AT THE EXPENSE OF THE UNITED STATES. AND EVEN IN CASES OF DETACHMENT, WHERE THE STATION IS IN THE UNITED STATES AND THE OFFICER IS ORDERED TO A HOSPITAL FOR TREATMENT, THE BASIC GENERAL RULE MUST BE THAT THERE IS NOT SUCH A CHANGE OF STATION AS TO JUSTIFY TRANSPORTATION OF THE DEPENDENTS, AS THEY MAY ORDINARILY REMAIN AT HIS FORMER STATION, SO FAR AS TRANSPORTATION AT THE EXPENSE OF THE UNITED STATES IS CONCERNED, UNTIL THE OFFICER IS DISCHARGED FROM HOSPITAL AND ASSIGNED A NEW STATION, ILLNESS NECESSITATING TREATMENT IN THE HOSPITAL BEING IN NEARLY ALL CASES RELATIVELY TEMPORARY.

THE SITUATION IS SOMEWHAT DIFFERENT WHERE THE OFFICER IS ON FOREIGN STATION AND IS DETACHED FROM SUCH FOREIGN STATION WITH DIRECTION TO PROCEED TO THE UNITED STATES FOR TREATMENT. IN SUCH CASES THERE ARE OBJECTIONS TO LEAVING FAMILY OR DEPENDENTS AT THE FOREIGN STATION UNTIL THE OFFICER IS ASSIGNED A NEW STATION ON RECOVERY AND DISCHARGE FROM HOSPITAL, AND ALTHOUGH THE REASONS ARE LARGELY PERSONAL, IT MAY BE SAID BROADLY THAT ANYWHERE IN THE UNITED STATES MAY BE THE HOME OF THE OFFICER, BUT NOT EQUALLY SO IN CONNECTION WITH A STATION IN A FOREIGN COUNTRY, AND PRIMA FACIE THE FAMILY OR DEPENDENTS ARE ENTITLED TO BE BROUGHT BACK TO THE UNITED STATES.

IF THEREFORE, IN SUCH A SITUATION THE OFFICER ON DETACHMENT FROM A FOREIGN STATION IS ORDERED TO THE UNITED STATES FOR TREATMENT IN A NAVAL HOSPITAL, HIS PERMANENT DETACHMENT AND ORDER TO THE HOSPITAL WILL BE TREATED AS A PERMANENT CHANGE OF STATION SO THAT THE OFFICER MAY NOT LOSE HIS RIGHT UNDER THE ACT OF MAY 18, 1920, IN BRINGING HIS DEPENDENTS FROM SUCH FOREIGN STATION. THIS HOLDING WILL NOT, HOWEVER, CHANGE EXISTING DECISIONS THAT ADMISSION TO A HOSPITAL FOR TREATMENT, WHETHER OR NOT DETACHED FROM HIS STATION, DOES NOT OPERATE AS A PERMANENT CHANGE OF STATION ENTITLING DEPENDENTS TO TRANSPORTATION WHEN THE OFFICER IS STATIONED WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES. OTHERWISE CORRECT, PAYMENT MAY BE MADE ACCORDINGLY. SEE IN THIS CONNECTION 25 COMP. DEC. 653, AND 3 COMP. GEN. 400.