A-64012, AUGUST 8, 1935, 15 COMP. GEN. 113

A-64012: Aug 8, 1935

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FURTHER ORDERS ARE ISSUED ANNOUNCING HIS RETIREMENT AND DIRECTING HIM TO PROCEED TO HIS HOME. PRIOR TO RECEIPT BY THE OFFICER OF ORDERS ANNOUNCING HIS RETIREMENT WILL NOT OPERATE TO DEFEAT HIS RIGHT TO REIMBURSEMENT OF THE COMMERCIAL COST OF THEIR TRANSPORTATION. SUBMITTING FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED A VOUCHER COVERING REIMBURSEMENT OF COMMERCIAL COST OF TRANSPORTATION OF THE DEPENDENTS (WIFE AND CHILDREN) OF FIRST LT. SUCH ORDERS ARE THE EQUIVALENT OF ORDERS DIRECTING HIM TO PROCEED FROM HAWAII. SHALL BE HELD TO INCLUDE THE HOME OF AN OFFICER OR MAN TO WHICH HE IS ORDERED IN CONNECTION WITH RETIREMENT. KELLY WAS IN CONNECTION WITH A "PERMANENT CHANGE OF STATION" AS THUS DEFINED.

A-64012, AUGUST 8, 1935, 15 COMP. GEN. 113

TRANSPORTATION - DEPENDENTS OF ARMY OFFICER - ON RETIREMENT WHERE, IN CONTEMPLATION OF RETIREMENT, AN ARMY OFFICER'S ORDERS, RELIEVING HIM FROM DUTY AT HIS PERMANENT OVERSEAS STATION, DIRECT HIM TO REPORT FOR DUTY AT A STATION IN THE UNITED STATES, IN A LEAVE STATUS, PENDING RETIREMENT, AND FURTHER ORDERS ARE ISSUED ANNOUNCING HIS RETIREMENT AND DIRECTING HIM TO PROCEED TO HIS HOME, TRAVEL OF HIS DEPENDENTS TO HIS HOME, PRIOR TO RECEIPT BY THE OFFICER OF ORDERS ANNOUNCING HIS RETIREMENT WILL NOT OPERATE TO DEFEAT HIS RIGHT TO REIMBURSEMENT OF THE COMMERCIAL COST OF THEIR TRANSPORTATION, SUCH TRAVEL BEING IN CONNECTION WITH A "PERMANENT CHANGE OF STATION" AS DEFINED BY SECTION 3 OF THE ACT OF JUNE 24, 1935, 49 STAT. 421.

COMPTROLLER GENERAL MCCARL TO MAJ. E. C. MORTON, UNITED STATES ARMY, AUGUST 8, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 16, 1935, SUBMITTING FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED A VOUCHER COVERING REIMBURSEMENT OF COMMERCIAL COST OF TRANSPORTATION OF THE DEPENDENTS (WIFE AND CHILDREN) OF FIRST LT. PAUL C. KELLY, UNITED STATES ARMY, RETIRED, FROM BROOKLYN, N.Y., TO YAZOO CITY, MISS., BETWEEN SEPTEMBER 15 AND 17, 1934, UNDER PARAGRAPH 26, SPECIAL ORDERS NO. 168, WAR DEPARTMENT, WASHINGTON, JULY 17, 1934, AND PARAGRAPH 30, SPECIAL ORDERS NO. 223, WAR DEPARTMENT, WASHINGTON, SEPTEMBER 20, 1934.

THE ORDERS INVOLVED, WHEN CONSIDERED IN CONNECTION WITH RADIOGRAM NO. 6878, JULY 17, 1934, FROM THE ADJUTANT GENERAL, CONTEMPLATE THE RELIEF OF LIEUTENANT KELLY FROM DUTY IN THE HAWAIIAN DEPARTMENT; ASSIGNMENT TO DUTY WHILE IN A LEAVE STATUS IN THE SECOND CORPS AREA, GOVERNORS ISLAND, N.Y.; TRAVEL VIA TRANSPORT SCHEDULED TO ARRIVE IN NEW YORK SEPTEMBER 14, 1934; THE GRANTING OF LEAVE FOR 16 DAYS FROM SEPTEMBER 14 TO 30, 1934; THE RETIREMENT OF THE OFFICER ON SEPTEMBER 30, 1934; AND TRAVEL TO THE OFFICER'S HOME AT YAZOO CITY, MISS., ON RETIREMENT. SUCH ORDERS ARE THE EQUIVALENT OF ORDERS DIRECTING HIM TO PROCEED FROM HAWAII, VIA NEW YORK, TO HIS HOME FOR RETIREMENT.

SECTION 3 OF THE ACT OF JUNE 24, 1935 (49 STAT. 421), PROVIDES:

DURING THE FISCAL YEAR 1935 AND THEREAFTER THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN SECTION 12 OF THE ACT APPROVED MAY 18, 1920 (41 STAT. 604), AS AMENDED, SHALL BE HELD TO INCLUDE THE HOME OF AN OFFICER OR MAN TO WHICH HE IS ORDERED IN CONNECTION WITH RETIREMENT.

INASMUCH AS IT APPEARS THAT THE TRAVEL OF THE DEPENDENTS OF FIRST LT. PAUL C. KELLY WAS IN CONNECTION WITH A "PERMANENT CHANGE OF STATION" AS THUS DEFINED, THE FACT THAT THE TRAVEL WAS COMPLETED PRIOR TO THE RECEIPT BY THE OFFICER ON SEPTEMBER 21, 1934, OF ORDERS CONFIRMING HIS RETIREMENT WILL NOT OPERATE TO DEPRIVE HIM OF REIMBURSEMENT OF THE COMMERCIAL COST OF THEIR TRANSPORTATION TO HIS HOME. IF OTHERWISE CORRECT, PAYMENT ON THE VOUCHER IS AUTHORIZED.