A-65384, SEPTEMBER 20, 1935, 15 COMP. GEN. 230

A-65384: Sep 20, 1935

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WHO IS RELIEVED FROM SAID TEMPORARY DUTY AND ASSIGNED TO A SECOND TEMPORARY-DUTY STATION WITH THE CIVILIAN CONSERVATION CORPS. IS NOT ENTITLED TO REIMBURSEMENT FOR COST OF TRANSPORTATION OF DEPENDENTS FROM THE FIRST TO THE SECOND TEMPORARY- DUTY STATION. REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF MAJ. YOU ARE IN DOUBT AS TO WHETHER PAYMENT OF THE VOUCHER IS AUTHORIZED. MAJOR WALTZ'S PERMANENT DUTY STATION WAS FORT SNELLING. IS DETAILED ON TEMPORARY DUTY IN CONNECTION WITH THE CCC AND WILL PROCEED TO HEADQUARTERS. IS RELIEVED FROM FURTHER STATION AND DUTY AT CASS LAKE. WILL PROCEED TO LITTLE ROCK. UPON ARRIVAL AT LITTLE ROCK HE WILL REPORT BY RADIO TO THE COMMANDING GENERAL.

A-65384, SEPTEMBER 20, 1935, 15 COMP. GEN. 230

TRANSPORTATION OF DEPENDENTS - ARMY OFFICER - TEMPORARY DUTY WITH THE CIVILIAN CONSERVATION CORPS AN OFFICER OF THE ARMY ASSIGNED TO TEMPORARY DUTY WITH THE CIVILIAN CONSERVATION CORPS, AWAY FROM HIS PERMANENT STATION, WHO IS RELIEVED FROM SAID TEMPORARY DUTY AND ASSIGNED TO A SECOND TEMPORARY-DUTY STATION WITH THE CIVILIAN CONSERVATION CORPS, IS NOT ENTITLED TO REIMBURSEMENT FOR COST OF TRANSPORTATION OF DEPENDENTS FROM THE FIRST TO THE SECOND TEMPORARY- DUTY STATION.

COMPTROLLER GENERAL MCCARL TO MAJ. E. C. MORTON, UNITED STATES ARMY, SEPTEMBER 20, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 19, 1935, WITH INCLOSURES ).016--- WALTZ, MILLARD F., JR.), REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF MAJ. MILLARD F. WALTZ, JR., INFANTRY, IN THE SUM OF $34.27, FOR COST OF TRANSPORTATION OF DEPENDENTS, WIFE, FROM CASS LAKE, MINN., TO LITTLE ROCK, ARK., MARCH 26 -29, 1935.

YOU STATE THAT IN VIEW OF THE FACT THAT PARAGRAPH 13 OF SPECIAL ORDERS 56, HEADQUARTERS, SEVENTH CORPS AREA, DATED MARCH 12, 1935, RELIEVED THE OFFICER FROM FURTHER STATION AND DUTY AT CASS LAKE, MINN., AND ASSIGNED HIM TO STATION AND DUTY WITH THE CIVILIAN CONSERVATION CORPS AT LITTLE ROCK, ARK., BUT DOES NOT RELIEVE THE OFFICER FROM ASSIGNMENT AND DUTY AT HIS PERMANENT STATION, FORT SNELLING, MINN., YOU ARE IN DOUBT AS TO WHETHER PAYMENT OF THE VOUCHER IS AUTHORIZED.

IT APPEARS FROM THE PAPERS ATTACHED TO THE VOUCHER THAT PURSUANT TO THE PROVISIONS OF PARAGRAPH 3, SPECIAL ORDERS 216, WAR DEPARTMENT, SEPTEMBER 16, 1933, MAJOR WALTZ'S PERMANENT DUTY STATION WAS FORT SNELLING, MINN., THAT PARAGRAPH 7, SPECIAL ORDERS 254, HEADQUARTERS, FORT SNELLING, INN., DATED OCTOBER 21, 1933, PROVIDED AS FOLLOWS:

7. MAJOR MILLARD F. WALTZ, JR., 3RD INFANTRY, HAVING REPORTED AT THIS STATION FOR DUTY IN COMPLIANCE WITH PARAGRAPH 3, SPECIAL ORDERS NO. 216, DATED SEPTEMBER 16, 1933, IS DETAILED ON TEMPORARY DUTY IN CONNECTION WITH THE CCC AND WILL PROCEED TO HEADQUARTERS, CHIPPEWA SUBDISTRICT, CCC, CASS LAKE, MINNESOTA, AND ASSUME COMMAND OF THAT SUBDISTRICT.

PARAGRAPH 13, SPECIAL ORDERS 56, HEADQUARTERS, 7TH CORPS AREA, OMAHA, NEBR., DATED MARCH 12, 1935, PROVIDED:

13. MAJOR MILLARD F. WALTZ, JR., 3RD INF., IS RELIEVED FROM FURTHER STATION AND DUTY AT CASS LAKE, MINN., AND WILL PROCEED TO LITTLE ROCK, ARK., FOR STATION AND DUTY WITH THE CIVILIAN CONSERVATION CORPS, ARK. DIST. UPON ARRIVAL AT LITTLE ROCK HE WILL REPORT BY RADIO TO THE COMMANDING GENERAL, 7TH CORPS AREA, FOR INSTRUCTIONS (PAR. 17 WD-CCC REG. 1 SEPT. 1935).

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 807 AND 813 P 1-0620 P 1-0730 P 1-1378 P 3-0600 P 3-0700 A 8815-4-5. (AG 210.3--- OR, XAG 210.3--- CCC, XAG 210.32.)

A RADIOGRAM WAS SENT FROM OMAHA, NEBR., MARCH 26, 1935, AS FOLLOWS: COMMANDING GENERAL,

FORT SNELLING, MINN.

REFERENCE TELEGRAM FROM MAJOR WALTZ MARCH TWENTY-FIFTH REQUESTING ONE MONTH'S LEAVE OF ABSENCE STOP REQUEST NOT FAVORABLY CONSIDERED DUE TO IMMEDIATE NECESSITY FOR MAJOR WALTZ TO TAKE OVER DUTIES OF MAJOR BAER WHO HAS BEEN TEMPORARILY DETAILED TO COMMAND ARKANSAS CCC DISTRICT STOP IT IS CONTEMPLATED THAT MAJOR WALTZ WILL ALSO BE EXECUTIVE OFFICER CMTC CAMP CAMP PIKE ARK STOP IF AND WHEN MAJOR BAER IS RELIEVED FROM CCC DUTY OR ANOTHER INFANTRY OFFICER IS DETAILED TO O.R. DUTY WHO MAY BE USED AS HIS REPLACEMENT COMMA MAJOR WALTZ WILL BE RETURNED TO HIS PERMANENT STATION.

TOTTEN

1 26 AREA, AS FOLLOWS:

1. REFERENCE IS HAD TO PAR. 13 S.O. 56, HEADQUARTERS, 7TH CORPS AREA, MARCH 12, 1935, RELIEVING THE UNDERSIGNED FROM FURTHER STATION AND DUTY AT CASS LAKE, MINNESOTA, AND DIRECTING HIM TO PROCEED TO LITTLE ROCK, ARKANSAS. THIS ORDER DOES NOT RELIEVE HIM FROM PERMANENT STATION, WHICH IS FORT SNELLING, MINNESOTA, ALTHOUGH IT DOES OBLIGATE THE NECESSARY FUNDS TO COVER A PERMANENT CHANGE OF STATION, INCLUDING TRANSPORTATION OF DEPENDENTS, PACKING, CRATING, AND SHIPMENT OF BAGGAGE. IT WOULD THEREFORE APPEAR THAT THE INTENT OF THIS ORDER WAS TO GIVE A PERMANENT CHANGE OF STATION. HOWEVER, THE UNDERSIGNED CANNOT BE SURE OF THIS MATTER IN VIEW OF THE STATEMENTS CONTAINED IN RADIOGRAM FROM YOUR HEADQUARTERS DATED MARCH 26, 1935, COPY ATTACHED.

2. INFORMATION IS REQUESTED AS TO WHETHER OR NOT A PERMANENT CHANGE OF STATION IS INTENDED AND IF SO WHETHER OR NOT IT IS INTENDED TO RECOMMEND THE DETAIL OF THE UNDERSIGNED TO DUTY WITH THE ORGANIZED RESERVES AT LITTLE ROCK.

IN REPLY TO THE OFFICER'S INQUIRY, HE WAS ADVISED BY THE CORPS AREA COMMANDER, IN LETTER OF APRIL 1, 1935, AS FOLLOWS: TO: MAJOR MILLARD F. WALTZ, 3RD INF., INSTRUCTOR ORGANIZED RESERVES,

235 NEW FEDERAL BUILDING, LITTLE ROCK, ARKANSAS.

1. REFERENCE YOUR LETTER OF MARCH 27TH, SUBJECT: INFORMATION, THE ORIGINAL ORDER IN YOUR CASE, TRANSFERRING YOU TO LITTLE ROCK, WAS ISSUED AS A PERMANENT CHANGE OF STATION IN ACCORDANCE WITH PARAGRAPH 17, WAR DEPARTMENT CCC REGULATIONS. UNDER THESE REGULATIONS THE CORPS AREA COMMANDER MAY MOVE OFFICERS ON A PERMANENT CHANGE OF STATION STATUS IN ORDER TO ALLOW THEM TO VACATE QUARTERS AT THEIR REGULAR STATION AND TO ENABLE THEM TO TAKE THEIR FAMILIES AND TO AUTHORIZE MOVEMENT OF BAGGAGE. THERE IS NOTHING OBLIGATORY IN THIS AS TO THE MOVEMENT OF HOUSEHOLD GOODS AND BAGGAGE. THIS AUTHORITY DOES NOT AUTHORIZE THE CORPS AREA COMMANDER TO CHANGE THE WAR DEPARTMENT ASSIGNMENT OF AN OFFICER AND YOU ARE STILL ASSIGNED TO THE 34D INFANTRY, FORT SNELLING, MINNESOTA.

2. IT IS NOT THE INTENTION OF THESE HEADQUARTERS TO RECOMMEND ANY CHANGE IN YOUR PERMANENT ASSIGNMENT. AS STATED IN OUR RADIO OF MARCH 26, 1935,"IF AND WHEN MAJOR BAER IS RELIEVED FROM CCC DUTY OR ANOTHER INFANTRY OFFICER IS DETAILED TO ORGANIZED RESERVE DUTY WHO MAY BE USED STATION.'

3. ATTENTION IS INVITED TO PARAGRAPH 8, SPECIAL ORDERS NO. 70, THESE HEADQUARTERS, 1935, WHICH DEFINES THE DUTIES YOU WILL BE EXPECTED TO PERFORM.

PARAGRAPH 17, WAR DEPARTMENT REGULATIONS, RELIEF OF UNEMPLOYMENT, CIVILIAN CONSERVATION CORPS, DATED SEPTEMBER 1, 1934, REFERRED TO IN THE OFFICER'S ORDERS OF MARCH 12, 1935, AND LETTER OF THE CORPS AREA COMMANDER OF APRIL 1, 1935, PROVIDES AS FOLLOWS:

17. PERSONNEL.--- A. REGULAR ARMY--- * * * THE PERMANENT STATION OF REGULAR ARMY PERSONNEL WILL NOT BE CHANGED WITHOUT AUTHORITY OF THE WAR DEPARTMENT, EXCEPT IN THOSE CASES WHEREIN IT IS CONTEMPLATED BY THE CORPS AREA COMMANDER CONCERNED THAT SUCH PERSONNEL WILL BE ABSENT FROM THEIR PERMANENT STATIONS FOR A PERIOD OF TIME OF SUFFICIENT DURATION AS TO WARRANT A CHANGE IN PERMANENT STATION, IN WHICH CASES THE ACTUAL STATION OF DUTY MAY BE MADE THE PERMANENT STATION OF THE PERSONNEL CONCERNED, AND PROVIDED THAT BOTH STATIONS ARE WITHIN THE JURISDICTION OF THE CORPS AREA COMMANDER ISSUING THE ORDERS. ORDERS ISSUED FOR SUCH CHANGE OF STATION WILL BE COUCHED IN THE SAME GENERAL LANGUAGE AS EMPLOYED IN OTHER PERMANENT CHANGE OF STATION ORDERS, AND ALL TRAVEL ALLOWANCES AND TRANSPORTATION COSTS AS AUTHORIZED BY LAW, INCLUDING TRANSPORTATION FOR DEPENDENTS, BAGGAGE, HOUSEHOLD EFFECTS, ETC., INCIDENT TO SUCH CHANGE OF STATION WILL BE CHARGEABLE TO EMERGENCY CONSERVATION FUNDS. WHEN THE PERMANENT STATION OF AN OFFICER IS CHANGED UNDER THIS AUTHORITY ONE COPY OF THE ORDER WILL BE IMMEDIATELY MAILED TO THE ADJUTANT GENERAL IN AN ENVELOPE BEARING THE LETTERS O.R.S. IN THE LOWER LEFT-HAND CORNER.

TRANSPORTATION AT PUBLIC EXPENSE FOR AN OFFICER'S DEPENDENTS IS PERMANENT CHANGE OF STATION, AND SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED BY THE ACT OF JUNE 1, 1926, 44 STAT. 680, MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED.

IT APPEARS FROM THE FOREGOING THAT MAJOR WALTZ WAS DETAILED BY ORDERS OF OCTOBER 21, 1933, TO TEMPORARY DUTY WITH THE CIVILIAN CONSERVATION CORPS AT CASS LAKE, MINN.; THAT BY ORDERS OF MARCH 12, 1935, HE WAS RELIEVED FROM THAT DUTY AND ORDERED TO DUTY WITH THE CIVILIAN CONSERVATION CORPS AT LITTLE ROCK, ARK.; THAT THE LATTER ORDER DID NOT SPECIFICALLY MENTION, NOR WAS IT COUCHED IN LANGUAGE WHICH WOULD IN ANY WAY INDICATE A CHANGE OF HIS PERMANENT STATION AND ASSIGNMENT AT FORT SNELLING, MINN.; AND THAT SUCH A CHANGE WAS NOT CONTEMPLATED IS BORNE OUT BY THE STATEMENTS OF THE CORPS AREA COMMANDER IN HIS LETTER OF APRIL 1, 1935, THAT "* * * YOU ARE STILL ASSIGNED TO THE 3RD INFANTRY, FORT SNELLING, MINN.' "IT IS NOT THE INTENTION OF THESE HEADQUARTERS TO RECOMMEND ANY CHANGE IN YOUR PERMANENT ASSIGNMENT.' "* * * MAJOR WALTZ WILL BE RETURNED TO HIS PERMANENT STATION.' THE ORDERS OF MARCH 12, 1935, DID NOT THEREFORE CONSTITUTE A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF THE STATUTE AND MAJOR WALTZ IS NOT ENTITLED TO REIMBURSEMENT FOR THE COMMERCIAL COST OF TRANSPORTATION CLAIMED. YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER WHICH IS RETAINED IN THIS OFFICE.