A-74421, MAY 27, 1936, 15 COMP. GEN. 1040

A-74421: May 27, 1936

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DOES NOT CHANGE THE RULE THAT TRANSPORTATION IS NOT AUTHORIZED FOR DEPENDENTS FROM THE LAST DUTY STATION TO THE OFFICER'S HOME UPON RELIEF FROM ACTIVE DUTY. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF LT. SHOWS HIM TO HAVE BEEN RETIRED FEBRUARY 28. PROVIDES: A RETIRED ARMY OFFICER WHEN CALLED UNDER COMPETENT ORDERS FROM HIS HOME TO ACTIVE DUTY AT A PERMANENT STATION IS NOT ENTITLED * * * TO TRANSPORTATION FOR HIS WIFE OR DEPENDENT CHILD OR CHILDREN FROM HIS HOME TO THE STATION NOR FOR THE RETURN TRIP TO HIS HOME UPON RELIEF FROM ACTIVE DUTY. IS AS FOLLOWS: DURING THE FISCAL YEAR 1935 AND THEREAFTER THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN SECTION 12 OF THE ACT APPROVED MAY 18.

A-74421, MAY 27, 1936, 15 COMP. GEN. 1040

TRANSPORTATION - DEPENDENTS - RETIRED ARMY OFFICER RELIEVED FROM ACTIVE DUTY PARAGRAPH 3 OF THE ACT OF JUNE 24, 1935, 49 STAT. 421, AUTHORIZING, IN EFFECT, TRANSPORTATION OF DEPENDENTS TO THE HOME OF AN OFFICER UPON RETIREMENT WHERE THE TRAVEL HAS BEEN PERFORMED AS REQUIRED, DOES NOT CHANGE THE RULE THAT TRANSPORTATION IS NOT AUTHORIZED FOR DEPENDENTS FROM THE LAST DUTY STATION TO THE OFFICER'S HOME UPON RELIEF FROM ACTIVE DUTY.

COMPTROLLER GENERAL MCCARL TO MAJOR E. C. MORTON, UNITED STATES ARMY, MAY 27, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 15, 1936, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF LT. COL. THOMAS E. JANSEN, UNITED STATES ARMY, RETIRED, FOR THE COMMERCIAL COST OF TRANSPORTATION APRIL 1, 1936, OF HIS DEPENDENT WIFE, FROM WASHINGTON, D.C., TO PINE BLUSH, N.Y., BY REASON OF RELIEF OCTOBER 15, 1935, FROM ACTIVE SERVICE. THE OFFICIAL ARMY REGISTER 1936, AT PAGE 906, SHOWS HIM TO HAVE BEEN RETIRED FEBRUARY 28, 1933, AND DETAILED TO ACTIVE DUTY MARCH 24, 1933. HE STATES HE REMAINED ON DUTY WITHOUT PAY MARCH 1 TO 23, 1933.

ARMY REGULATIONS 35-5320, 6-E, PROVIDES:

A RETIRED ARMY OFFICER WHEN CALLED UNDER COMPETENT ORDERS FROM HIS HOME TO ACTIVE DUTY AT A PERMANENT STATION IS NOT ENTITLED * * * TO TRANSPORTATION FOR HIS WIFE OR DEPENDENT CHILD OR CHILDREN FROM HIS HOME TO THE STATION NOR FOR THE RETURN TRIP TO HIS HOME UPON RELIEF FROM ACTIVE DUTY.

PARAGRAPH 3 OF THE ACT OF JUNE 24, 1935 (49 STAT. 421), IS AS FOLLOWS:

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.

WHILE THE EFFECT OF THIS PROVISION OF LAW IS TO AUTHORIZE TRANSPORTATION OF DEPENDENTS, TO THE HOME OF THE OFFICER, WHERE TRAVEL HAS BEEN PERFORMED AS REQUIRED, IT DOES NOT CHANGE THE WELL ESTABLISHED RULE THAT TRANSPORTATION IS NOT AUTHORIZED FOR DEPENDENTS FROM THE LAST DUTY STATION TO THE HOME OF A RETIRED OFFICER, UPON RELIEF FROM ACTIVE DUTY. YOU ARE ADVISED THAT PAYMENT IS NOT AUTHORIZED ON THE VOUCHER WHICH WILL BE RETAINED IN THIS OFFICE.