A-80839, FEBRUARY 15, 1937, 16 COMP. GEN. 761

A-80839: Feb 15, 1937

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PERMANENT" A NAVY ENLISTED MAN IS NOT ENTITLED TO REIMBURSEMENT FOR COST OF COMMERCIAL TRANSPORTATION OF DEPENDENTS FOR TRAVEL PERFORMED UNDER ORDERS TO A NEW STATION FOR "TEMPORARY DUTY. A SUBSEQUENT ADMINISTRATIVE DETERMINATION THAT THE DUTY IS PERMANENT. YOU WILL PROCEED VIA SHIP'S BOAT. YOU WILL THEN PROCEED VIA TRANSPORTATION FURNISHED YOU AND REPORT TO THE OFFICER IN CHARGE. YOU ARE AUTHORIZED TO DELAY IN REPORTING TO THE U.S. YOU HAVE GIVEN 619 EAST 7TH STREET. YOU WILL KEEP THE OFFICER IN CHARGE. YOUR RECORDS AND ACCOUNTS WILL BE FORWARDED TO THE OFFICER IN CHARGE. TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED ONLY ON A PERMANENT CHANGE OF STATION. IF THE ASSIGNMENT IS BY THE ORDERS TO TEMPORARY DUTY IT IS A TEMPORARY AND NOT A PERMANENT STATION FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS.

A-80839, FEBRUARY 15, 1937, 16 COMP. GEN. 761

TRANSPORTATION - DEPENDENTS - NAVY ENLISTED MAN TRANSFERRED FOR "TEMPORARY DUTY" LATER CONSIDERED ,PERMANENT" A NAVY ENLISTED MAN IS NOT ENTITLED TO REIMBURSEMENT FOR COST OF COMMERCIAL TRANSPORTATION OF DEPENDENTS FOR TRAVEL PERFORMED UNDER ORDERS TO A NEW STATION FOR "TEMPORARY DUTY," NOTWITHSTANDING THE DUTY CONTINUES FOR A PERIOD IN EXCESS OF SIX MONTHS, AND A SUBSEQUENT ADMINISTRATIVE DETERMINATION THAT THE DUTY IS PERMANENT.

ACTING COMPTROLLER GENERAL ELLIOTT TO FREEMAN CARTER JONES, UNITED STATES NAVY, FEBRUARY 15, 1937:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT, NOVEMBER 12, 1936, DISALLOWING YOUR CLAIM FOR PAYMENT OF COST OF COMMERCIAL TRANSPORTATION OF YOUR WIFE FROM SAN PEDRO, CALIF., TO DALLAS, TEX., BASED ON CHANGE OF YOUR STATION UNDER ORDERS DATED MARCH 25, 1936, AS FOLLOWS: FROM: COMMANDING OFFICER. TO: JONES, FREEMAN CARTER, SK1C, 294 60 02, U.S.N. SUBJECT: ORDERS. REFERENCE: (A) BUNAV LTR. NAV 630 FJS MM-294-60- 02 OF 6 FEBRUARY, 1936.

1. UPON RECEIPT OF THESE ORDERS AND WHEN DIRECTED BY PROPER AUTHORITY, YOU WILL PROCEED VIA SHIP'S BOAT, AND REPORT TO THE OFFICER IN CHARGE, NAVY DISBURSING AND TRANSPORTATION OFFICE, SAN PEDRO, CALIFORNIA, FOR COMMERCIAL TRANSPORTATION AND SUBSISTENCE EN ROUTE FROM SAN PEDRO, CALIFORNIA, TO DALLAS, TEXAS.

2. YOU WILL THEN PROCEED VIA TRANSPORTATION FURNISHED YOU AND REPORT TO THE OFFICER IN CHARGE, U.S. NAVY RECRUITING STATION, DALLAS, TEXAS FOR FURTHER TRANSFER TO THE U.S. NAVY REPRESENTATIVE, TEXAS CENTENNIAL, FOR TEMPORARY DUTY IN ACCORDANCE WITH REFERENCE (A).

3. YOU ARE AUTHORIZED TO DELAY IN REPORTING TO THE U.S. NAVY RECRUITING STATION, DALLAS, TEXAS UNTIL 0900 4 APRIL, 1936.

4. YOU HAVE GIVEN 619 EAST 7TH STREET, LONG BEACH, CALIFORNIA, AS YOUR ADDRESS. YOU WILL KEEP THE OFFICER IN CHARGE, U.S. NAVY RECRUITING STATION, DALLAS, TEXAS INFORMED OF ANY CHANGE IN THE ABOVE ADDRESS.

5. YOUR RECORDS AND ACCOUNTS WILL BE FORWARDED TO THE OFFICER IN CHARGE, U.S. NAVY RECRUITING STATION, DALLAS, TEXAS VIA REGISTERED MAIL.

INDORSEMENTS ON YOUR ORDERS SHOW THAT YOU REPORTED FOR DUTY AT THE NAVY RECRUITING STATION, DALLAS, TEX., MARCH 27, 1936. YOU STATE IN YOUR APPLICATION THAT YOUR WIFE COMMENCED TRAVEL FROM SAN PEDRO, CALIF., MARCH 25, 1936, AND ARRIVED AT DALLAS, TEX., MARCH 27, 1936.

TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED ONLY ON A PERMANENT CHANGE OF STATION. UNDER DATE OF FEBRUARY 6, 1936, THE CHIEF OF THE BUREAU OF NAVIGATION AUTHORIZED THE COMMANDING OFFICER OF THE U.S.S. OKLAHOMA TO TRANSFER YOU TO THE "NAVY RECRUITING STATION, DALLAS, TEX., FOR FURTHER TRANSFER TO THE U.S. NAVY REPRESENTATIVE, TEXAS CENTENNIAL, FOR TEMPORARY DUTY.' YOUR ORDERS EXPRESSLY DESIGNATED THE DUTY IN QUESTION AS "TEMPORARY DUTY.' MERE LENGTH OR DURATION OF DUTY UNDER AN ASSIGNMENT DESIGNATED "TEMPORARY DUTY" DOES NOT MAKE SUCH DUTY PERMANENT WITH RESPECT TO RIGHTS OF THE OFFICER TO TRANSPORTATION OF DEPENDENTS. A-29625, DECEMBER 4, 1929. IF THE ASSIGNMENT IS BY THE ORDERS TO TEMPORARY DUTY IT IS A TEMPORARY AND NOT A PERMANENT STATION FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS. THAT IS, IT MAY NOT BE TREATED AS A TEMPORARY STATION AND SO DESCRIBED FOR ALL PURPOSES OTHER THAN TRANSPORTATION OF DEPENDENTS.

SINCE YOUR ORDERS CLASSED THE DUTY IN QUESTION AS "TEMPORARY," THE FACT THAT IT LASTED OVER A PERIOD OF 6 MONTHS OR MORE DOES NOT CHANGE THAT CLASSIFICATION. THE SUBSEQUENT STATEMENT OF THE BUREAU OF NAVIGATION THAT YOUR ORDERS WERE INCORRECTLY WORDED AND THAT THE DUTY ASSIGNED IS CONSIDERED PERMANENT CAN HAVE NO RETROACTIVE EFFECT AS AFFECTS YOUR RIGHT TO TRANSPORTATION OF YOUR DEPENDENTS. WHEN THE TRAVEL OF YOUR WIFE TO THE NEW STATION WAS COMPLETED, THE CHANGE OF STATION WAS TEMPORARY AND UNDER SUCH CHANGE YOU ARE NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE. AND SEE 7 COMP. GEN. 255, SECOND PARAGRAPH COMMENCING ON PAGE 262 AND DECISION TO THE SECRETARY OF THE NAVY, MAY 21, 1928, A- 12788, CASE OF MAJ. H. H. KIPP.

YOU STATE THAT A CHIEF PETTY OFFICER SERVING UNDER SIMILAR ORDERS WAS PAID TRANSPORTATION FOR DEPENDENTS. SUCH PAYMENT WAS INADVERTENT AND AN INADVERTENT PAYMENT CONTRARY TO LAW IS NO JUSTIFICATION FOR MAKING ANOTHER PAYMENT UNDER LIKE CIRCUMSTANCES. YOUR RIGHT TO THE PAYMENT CLAIMED MUST BE DETERMINED UPON THE LAW.

UPON REVIEW, THE SETTLEMENT IS FOUND TO BE CORRECT AND MUST BE SUSTAINED.