B-126607, APRIL 25, 1956, 35 COMP. GEN. 581

B-126607: Apr 25, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS PAYABLE ONLY TO A SERVICE MEMBER WHO TRANSPORTS HIS TRAILER AND IT MAY NOT BE PAID TO HIS DEPENDENT FOR MOVEMENT OF TRAILER BY THE DEPENDENT AFTER THE SERVICE MEMBER'S DEATH. 1956: REFERENCE IS MADE TO LETTER OF JANUARY 7. TRANSPORTATION FOR DEPENDENTS AND BAGGAGE AND HOUSEHOLD EFFECTS ARE AUTHORIZED UPON THE DEATH OF A MEMBER OF THE UNIFORMED SERVICES WHILE ENTITLED TO RECEIVE BASIC PAY PURSUANT TO SECTION 201 (E) OF THIS ACT. TEMPORARY STORAGE AND UNPACKING IN CONNECTION WITH THE SHIPMENT OF BAGGAGE AND HOUSEHOLD EFFECTS IN THE SAME MANNER AS IS SPECIFICALLY AUTHORIZED IN THE ACT FOR A CHANGE OF STATION OF A MEMBER? (2) IN LIEU OF THE TRANSPORTATION AUTHORIZED FOR THE DEPENDENTS OF A DECEASED MEMBER.

B-126607, APRIL 25, 1956, 35 COMP. GEN. 581

TRANSPORTATION - MILITARY, NAVAL, ETC., PERSONNEL - DEPENDENTS - HOUSEHOLD EFFECTS - DEATH OF MEMBER THE AUTHORITY IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949 FOR TRANSPORTATION OF DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS ON THE DEATH OF A MEMBER OF THE UNIFORMED SERVICE, DOES NOT PRECLUDE PAYMENT OF A TRAVEL ALLOWANCE ON A MILEAGE BASIS FOR DEPENDENT'S TRAVEL, NOR DOES IT PRECLUDE PAYMENT FOR ACCESSORIAL SERVICES SUCH AS CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING INCIDENT TO A SHIPMENT OF HOUSEHOLD EFFECTS. THE TRAILER ALLOWANCE AUTHORIZED UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, IS PAYABLE ONLY TO A SERVICE MEMBER WHO TRANSPORTS HIS TRAILER AND IT MAY NOT BE PAID TO HIS DEPENDENT FOR MOVEMENT OF TRAILER BY THE DEPENDENT AFTER THE SERVICE MEMBER'S DEATH.

TO THE SECRETARY OF THE AIR FORCE, APRIL 25, 1956:

REFERENCE IS MADE TO LETTER OF JANUARY 7, 1956, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, REQUESTING A DECISION ON FOUR QUESTIONS ARISING UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C) AS AMENDED BY THE ACT OF MARCH 31, 1955, 69 STAT. 22, 37 U.S.C. 253 (C), WHICH PROVIDES, IN MATERIAL PART, AS FOLLOWS:

IN ADDITION TO THE ALLOWANCES AUTHORIZED ABOVE, UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND AT A RATE TO BE PRESCRIBED NOT IN EXCESS OF THE RATE AUTHORIZED IN SUBSECTION (A) OF THIS SECTION, AND IN CONNECTION WITH A CHANGE OF STATION (WHETHER TEMPORARY OR PERMANENT), TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES, WITHOUT REGARD TO THE COMPARATIVE COSTS OF THE VARIOUS MODES OF TRANSPORTATION. * * * UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, TRANSPORTATION FOR DEPENDENTS AND BAGGAGE AND HOUSEHOLD EFFECTS ARE AUTHORIZED UPON THE DEATH OF A MEMBER OF THE UNIFORMED SERVICES WHILE ENTITLED TO RECEIVE BASIC PAY PURSUANT TO SECTION 201 (E) OF THIS ACT. LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, A MEMBER OF A UNIFORMED SERVICE WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, UNDER THIS SECTION, SHALL UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED BE ENTITLED TO A REASONABLE ALLOWANCE, NOT TO EXCEED 20 CENTS PER MILE, OR TO THE DISLOCATION ALLOWANCE AUTHORIZED IN THIS SECTION, WHICHEVER HE SHALL ELECT. * * *

YOU ASK WHETHER:

(1) UPON THE DEATH OF A SERVICE MEMBER, MAY THE JOINT TRAVEL REGULATIONS PROPERLY AUTHORIZE THE NECESSARY PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING IN CONNECTION WITH THE SHIPMENT OF BAGGAGE AND HOUSEHOLD EFFECTS IN THE SAME MANNER AS IS SPECIFICALLY AUTHORIZED IN THE ACT FOR A CHANGE OF STATION OF A MEMBER?

(2) IN LIEU OF THE TRANSPORTATION AUTHORIZED FOR THE DEPENDENTS OF A DECEASED MEMBER, MAY THE JOINT TRAVEL REGULATIONS PROPERLY AUTHORIZE THE PAYMENT OF THE DEPENDENT TRAVEL ALLOWANCE ON MILEAGE BASIS IN THE SAME MANNER AS IF SUCH TRAVEL WERE PERFORMED IN CONJUNCTION WITH A PERMANENT CHANGE OF STATION?

THE STATUTE CLEARLY PROVIDES AS TO LIVING MEMBERS, THAT WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION, OR WHEN UNUSUAL OR EMERGENCY CIRCUMSTANCES WARRANT, SUCH MEMBERS SHALL BE ENTITLED, SUBJECT TO REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, TO TRANSPORTATION FOR DEPENDENTS, EITHER IN KIND OR WITH REIMBURSEMENT FOR ACTUAL EXPENSES, OR TO A MONETARY ALLOWANCE (MILEAGE) IN LIEU OF TRANSPORTATION IN KIND AT A RATE NOT TO EXCEED THAT AUTHORIZED ELSEWHERE IN THE STATUTE. IN ADDITION, THE STATUTE AUTHORIZES THE TRANSPORTATION, INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING, OF HOUSEHOLD EFFECTS FOR SUCH MEMBERS IN CONNECTION WITH A CHANGE OF STATION, OR WHEN AUTHORIZED BECAUSE OF UNUSUAL OR EMERGENCY CONDITIONS. THE STATUTE GOES ON TO AUTHORIZE TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS WHO DIE WHILE ENTITLED TO RECEIVE BASIC PAY. IT DOES NOT LIMIT SUCH TRANSPORTATION TO TRANSPORTATION IN KIND. NEITHER DOES IT EXPRESSLY PROVIDE ALTERNATIVES FOR TRANSPORTATION IN KIND FOR DEPENDENTS, OR ENUMERATE SPECIFICALLY THE ACCESSORIAL SERVICES TO BE SUPPLIED IN CONNECTION WITH THE MOVEMENT OF HOUSEHOLD EFFECTS, AS IS THE CASE WHERE THE TRANSPORTATION AUTHORIZED IS INCIDENT TO A CHANGE OF STATION, OR UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES. WHEN READ IN THE LIGHT OF THE PROVISIONS WHICH PRECEDE IT IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT, HOWEVER, THERE WOULD APPEAR TO BE LITTLE DOUBT BUT THAT THE CONGRESS, IN AUTHORIZING TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD EFFECTS UPON THE DEATH OF A MEMBER WHILE RECEIVING BASIC PAY, INTENDED THAT SUCH TRANSPORTATION SHOULD BE FURNISHED IN LIKE MANNER AS IN THE CASE OF A MEMBER WHO IS ORDERED TO MAKE A CHANGE OF STATION, OR WHOSE SITUATION OTHERWISE IS SUCH AS TO WARRANT MOVEMENT OF HIS DEPENDENTS AND EFFECTS AT GOVERNMENT EXPENSE. ACCORDINGLY, QUESTIONS 1 AND 2 ARE ANSWERED IN THE AFFIRMATIVE.

YOU FURTHER ASK WHETHER:

(3) MAY THE JOINT TRAVEL REGULATIONS PROPERLY AUTHORIZE THE PAYMENT OF A TRAILER ALLOWANCE TO THE DEPENDENT OF A DECEASED SERVICE MEMBER IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS?

(4) IF THE ANSWER TO THE THIRD QUESTION IS IN THE AFFIRMATIVE, MAY THE JOINT TRAVEL REGULATIONS PROPERLY AUTHORIZE THE PAYMENT OF A TRAILER ALLOWANCE TO A DEPENDENT, OF A SERVICE MEMBER OF FORMER SERVICE MEMBER, IN LIEU OF TRANSPORTATION OF HOUSEHOLD GOODS WHICH IS OTHERWISE AUTHORIZED UNDER SECTION 12 OF THE MISSING PERSONS ACT AS AMENDED (56 STAT. 143/?

THE TRAILER ALLOWANCE AUTHORIZED TO BE PAID UNDER SECTION 303 AS AMENDED, IS PAYABLE TO "A MEMBER OF THE UNIFORMED SERVICE WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING.' SUCH LANGUAGE CLEARLY APPLIES ONLY TO MEMBERS OF THE UNIFORMED SERVICES, AND THE LEGISLATIVE HISTORY OF THE AMENDATORY ACT OF MARCH 31, 1955, 69 STAT. 18, 22, LEAVES NO DOUBT AS TO ITS MEANING. THE FOLLOWING STATEMENT WAS MADE ON THE FLOOR OF THE HOUSE ON MARCH 30, 1955 (PAGE 3375 OF THE CONGRESSIONAL RECORD): " AS I UNDERSTAND THE LAST SENATE AMENDMENT, IT PROVIDES IN REGARD TO THE TRAILER SITUATION THAT WHERE A SERVICEMAN AND HIS WIFE LIVE IN A TRAILER AND TRAVEL FROM ONE POST TO ANOTHER THEY WILL BE COMPENSATED.' THE FOLLOWING LANGUAGE APPEARS ON PAGE 17 OF SENATE REPORT NO. 125 ON THE THEN PROPOSED LEGISLATION: " THE COMMITTEE WAS OF THE OPINION THAT IT WAS ONLY EQUITABLE THAT A SERVICEMAN WHO TRANSPORTS HIS TRAILER FOR USE AS A RESIDENCE SHOULD RECEIVE AN ALLOWANCE.'

SINCE THE TRAILER ALLOWANCE IS PAYABLE ONLY TO A MEMBER WHO TRANSPORTS HIS TRAILER, IT MAY NOT BE PAID TO HIS DEPENDENT IN CONNECTION WITH THE MOVEMENT OF A TRAILER BY THE DEPENDENT AFTER THE MEMBER'S DEATH. QUESTION (3) IS ANSWERED IN THE NEGATIVE AND SUCH ANSWER RENDERS AN ANSWER TO QUESTION (4) UNNECESSARY.