A-71928, MARCH 25, 1936, 15 COMP. GEN. 851

A-71928: Mar 25, 1936

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REIMBURSEMENT FOR TRAVEL PERFORMED BY HIS DEPENDENTS TO A PLACE CLAIMED AS HIS HOME IS UNAUTHORIZED UNDER ORDERS ISSUED SUBSEQUENT TO HIS RETIREMENT AUTHORIZING HIM TO TRAVEL TO SAID PLACE. 1936: THERE IS FOR CONSIDERATION THE CLAIM OF MOTOR MACHINIST'S MATE. THE PLACE WHERE THEY WERE LOCATED WHEN HE RECEIVED ORDERS ANNOUNCING HIS RETIREMENT. ACCRUES BY VIRTUE OF COMPETENT ORDERS ISSUED DIRECTING A PERMANENT CHANGE OF STATION BY THE ENLISTED MAN WHO IS WITHIN THE PROVISIONS OF THE STATUTE. AN ORDER ISSUED AT TIME OF RETIREMENT TO AN OFFICER OR ENLISTED MAN HAS BEEN TREATED AS ONE WHICH IS REQUIRED TO BE COMPLIED WITH. NO ORDERS WERE ISSUED AT TIME OF RETIREMENT DIRECTING TRAVEL TO HIS HOME.

A-71928, MARCH 25, 1936, 15 COMP. GEN. 851

TRANSPORTATION - DEPENDENTS OF COAST GUARD ENLISTED MAN - ORDERS SUBSEQUENT TO RETIREMENT WHERE ORDERS ANNOUNCING THE RETIREMENT OF A COAST GUARD ENLISTED MAN DIRECTED NO TRAVEL TO HIS HOME, THE PLACE WHERE LOCATED UPON RECEIPT OF SAID ORDERS BEING THE PLACE GIVEN AS HIS HOME UPON PRIOR REENLISTMENT, REIMBURSEMENT FOR TRAVEL PERFORMED BY HIS DEPENDENTS TO A PLACE CLAIMED AS HIS HOME IS UNAUTHORIZED UNDER ORDERS ISSUED SUBSEQUENT TO HIS RETIREMENT AUTHORIZING HIM TO TRAVEL TO SAID PLACE.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 25, 1936:

THERE IS FOR CONSIDERATION THE CLAIM OF MOTOR MACHINIST'S MATE, FIRST CLASS, GEORGE JACKSON BENNETT, UNITED STATES COAST GUARD, RETIRED, FOR THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENTS--- WIFE, TWO DAUGHTERS, AND A SON--- FROM SAN PEDRO, CALIF., THE PLACE WHERE THEY WERE LOCATED WHEN HE RECEIVED ORDERS ANNOUNCING HIS RETIREMENT, TO ANACORTES, WASH., THE PLACE HE CLAIMS HE SELECTED AS HIS HOME.

ORDERS FROM THE COMMANDANT, UNITED STATES COAST GUARD, DATED WASHINGTON, NOVEMBER 23, 1934, ANNOUNCED THE RETIREMENT OF THIS ENLISTED MAN EFFECTIVE DECEMBER 1, 1934, BECAUSE HE HAD BEEN FOUND BY A COAST GUARD RETIRING BOARD TO BE PERMANENTLY INCAPACITATED FOR ACTIVE SERVICE. 32 STAT. 100; 38 ID. 802 (14 U.S.C. 172). AT TIME OF REENLISTMENT, JUNE 1, 1934, THIS ENLISTED MAN GAVE LOMITA (SAN PEDRO), CALIF., AS HIS HOME, AND NO TRAVEL BEING NECESSARY TO HIS HOME HIS RETIREMENT ORDERS OF NOVEMBER 23, 1934, CONTAINED NO DIRECTION TO PROCEED TO HIS HOME. HE REQUESTED, MAY 3, 1935, IN A LETTER ADDRESSED TO THE COMMANDANT THAT HE BE AUTHORIZED TO TRAVEL FROM SAN PEDRO, CALIF., TO ANACORTES, WASH., TRAVEL TO BE PERFORMED BY PRIVATELY OWNED AUTOMOBILE ON OR ABOUT JUNE 12, 1935, AND UNDER DATE OF MAY 14, 1935, THE COMMANDANT AUTHORIZED HIM TO PROCEED AS REQUESTED MAY 3, 1935. THE VOUCHER WHICH HAS BEEN SUBMITTED ON UNITED STATES COAST GUARD, TREASURY DEPARTMENT, SCHEDULE NO. 906-T, FOR PREAUDIT CERTIFICATION SHOWS THAT HIS DEPENDENTS COMPLETED TRAVEL TO ANACORTES, WASH., ON JUNE 18, 1935.

THE RIGHT TO TRANSPORTATION OF DEPENDENTS UNDER THE ACT OF MAY 18, 1920, 41 STAT. 604, AS AMENDED BY SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, ACCRUES BY VIRTUE OF COMPETENT ORDERS ISSUED DIRECTING A PERMANENT CHANGE OF STATION BY THE ENLISTED MAN WHO IS WITHIN THE PROVISIONS OF THE STATUTE. AN ORDER ISSUED AT TIME OF RETIREMENT TO AN OFFICER OR ENLISTED MAN HAS BEEN TREATED AS ONE WHICH IS REQUIRED TO BE COMPLIED WITH, 8 COMP. GEN. 327, AND WHERE, AS IN THIS CASE, NO ORDERS WERE ISSUED AT TIME OF RETIREMENT DIRECTING TRAVEL TO HIS HOME, THERE IS NO AUTHORITY TO REIMBURSE THE RETIRED ENLISTED MAN FOR TRAVEL PERFORMED BY HIS DEPENDENTS TO A PLACE HE CLAIMS TO BE HIS HOME.

AN ENLISTED MAN ON THE RETIRED LIST, WHILE IN AN INACTIVE STATUS MAY NOT BE REQUIRED TO TRAVEL IN THE PUBLIC INTERESTS, AND THE AUTHORIZATION ISSUED MAY 14, 1935, BY THE COMMANDANT TO THIS ENLISTED MAN, WAS NOT AN ORDER REQUIRED TO BE OBEYED, AND IS NO AUTHORIZATION FOR THE PAYMENT OF TRANSPORTATION OF HIS DEPENDENTS. ACCORDINGLY, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.