B-127328, MAY 31, 1956, 35 COMP. GEN. 673

B-127328, MAY 31, 1956, 35 COMP. GEN. 673

TRANSPORTATION - JOINT TRAVEL REGULATIONS - PROPOSED AMENDMENTS - AFTER ACQUIRED DEPENDENTS IN THE ABSENCE OF STATUTORY AUTHORITY, THE JOINT TRAVEL REGULATIONS MAY NOT BE AMENDED TO ALLOW REIMBURSEMENT TO A MEMBER OF THE UNIFORMED SERVICES FOR TRANSPORTATION OF DEPENDENTS ACQUIRED SUBSEQUENT TO THE EFFECTIVE DATE OF ORDERS ASSIGNING THE MEMBER TO A NEW DUTY STATION.

TO THE SECRETARY OF THE ARMY, MAY 31, 1956:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 15, 1956, REQUESTING A DECISION ON THE FOLLOWING TWO QUESTIONS:

(A) MAY THE JOINT TRAVEL REGULATIONS BE AMENDED TO PROVIDE FOR TRANSPORTATION OF DEPENDENT/S) TO THE PERMANENT STATION OF AN ELIGIBLE MEMBER (MEMBER IN GRADE E-4, OVER 4 YEARS OR HIGHER) WHEN SUCH DEPENDENT IS ACQUIRED SUBSEQUENT TO THE EFFECTIVE DATE OF ORDERS ASSIGNING HIM TO THAT DUTY STATION?

(B) MAY THE JOINT TRAVEL REGULATIONS BE AMENDED TO PROVIDE FOR TRANSPORTATION OR ADDITIONAL TRANSPORTATION OF HOUSEHOLD GOODS TO THE PERMANENT STATION OF AN ELIGIBLE MEMBER (MEMBER IN GRADE E-4, OVER 4 YEARS SERVICE OR HIGHER) WHO ACQUIRES A DEPENDENT SUBSEQUENT TO THE EFFECTIVE DATE OF ORDERS ASSIGNING HIM TO THAT DUTY STATION?

SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, PROVIDED FOR THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE "WHEN ANY COMMISSIONED OFFICER * * * HAVING A WIFE OR DEPENDENT CHILD OR CHILDREN IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION," AND, FURTHER, THAT THE PERSONNEL OF THE NAVY SHOULD HAVE THE BENEFIT OF ALL EXISTING LAWS APPLYING TO THE ARMY AND MARINE CORPS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS. SIMILAR PROVISIONS WERE CONTAINED IN THE FIFTH PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 37 U.S.C. 112, 1946 USED. SUCH PROVISIONS OF LAW HAVE ALWAYS BEEN REGARDED AS AUTHORIZING TRANSPORTATION OF ONLY SUCH PERSONS AS WERE DEPENDENTS OF THE MEMBER OF THE UNIFORMED SERVICE CONCERNED ON THE EFFECTIVE DATE OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION. 2 COMP. GEN. 712, 4 ID 438, 24 ID 927 AND 26 ID 339. THE SAME VIEW HAS PREVAILED WITH RESPECT TO HOUSEHOLD EFFECTS SINCE THE ONLY PREEXISTING LAW CONCERNING TRANSPORTATION OF PERSONAL EFFECTS OF ARMY MEMBERS WAS CONTAINED IN THE ACT OF MARCH 23, 1910, 36 STAT. 255, WHICH PROVIDED THAT THEREAFTER EXCESS WEIGHT COULD BE SHIPPED WITH THE REGULATION CHANGE OF STATION BAGGAGE ALLOWANCE AT THE EXPENSE OF THE OWNER. THE ONLY EXCEPTION TO THAT RULE WHICH HAS BEEN RECOGNIZED RELATES TO THE SHIPMENT OF HOUSEHOLD EFFECTS TO OVERSEAS STATIONS. THAT EXCEPTION WAS BASED ON THE PECULIAR CONDITIONS INVOLVED IN TRANSFERS TO SUCH STATIONS AND WAS SUBJECT TO THE RESTRICTIONS MENTIONED IN OUR DECISION OF SEPTEMBER 24, 1947, 27 COMP. GEN. 171. COMPARE 24 COMP. GEN. 69. SUCH RULE AND EXCEPTION IS CURRENTLY INCORPORATED IN THE PROVISIONS OF PARAGRAPH 8000-2 (10) OF THE JOINT TRAVEL REGULATIONS. THE DECISION OF SEPTEMBER 24, 1947, CONSIDERED THE PROVISIONS OF THE PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 ADDED BY SECTION 205 (A) OF THE ACT OF AUGUST 2, 1946, 60 STAT. 860, 37 U.S.C. 112, RELATING TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE "UPON CHANGES OF STATION.' IN VIEW OF THE LONG ESTABLISHED RULES, A CONCLUSION THAT TRANSPORTATION OF AFTER ACQUIRED DEPENDENTS AND HOUSEHOLD EFFECTS IS CONTEMPLATED ON A BROADER BASIS UNDER LATER AND SUPERSEDING LEGISLATION WOULD APPEAR TO BE WARRANTED ONLY IF SUCH LEGISLATION CLEARLY SO PROVIDES.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 31 U.S.C. 71, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES OR RATINGS 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, AND "IN CONNECTION WITH A CHANGE OF STATION," TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS. WHILE THE LANGUAGE OF SUCH PROVISIONS OF LAW IS SOMEWHAT DIFFERENT FROM THAT USED IN THE STATUTES CONSIDERED IN THE ABOVE CITED DECISIONS, THE CHANGES MADE DO NOT EVIDENCE AN INTENT TO CHANGE OR INCREASE THE RIGHTS MEMBERS WERE GRANTED UNDER THE PRIOR LEGISLATION, AS FAR AS THE QUESTIONS HERE INVOLVED ARE CONCERNED, AND NO EVIDENCE OF SUCH INTENT HAS BEEN FOUND IN THE LEGISLATIVE HISTORY OF THE 1949 ACT. WHEN GENERAL DAHLQUIST WAS ASKED TO COMMENT ON THE PROVISIONS OF SECTION 303 (C) OF THE THEN PROPOSED LEGISLATION, HE STATED " THAT IS SUBSTANTIALLY WHAT WE HAVE IN THE PRESENT LAW.' SEE PAGE 1712 OF THE HOUSE HEARINGS ON SUCH LEGISLATION.

WHILE THE ACQUIRING OF A DEPENDENT AFTER THE EFFECTIVE DATE OF ORDERS ASSIGNING A MEMBER TO A DUTY STATION RAISES FINANCIAL PROBLEMS WITH RESPECT TO TRANSPORTATION OF SUCH DEPENDENT AND ADDITIONAL EFFECTS TO THE STATION, UNTIL LEGISLATION IS PASSED EXPRESSLY AUTHORIZING THE GOVERNMENT TO ASSUME THE EXPENSES OF TRANSPORTATION ON A DIFFERENT BASIS THAN IS NOW AUTHORIZED, IT WOULD SEEM THAT SUCH EXPENSES MUST BE BORNE BY THE PERSONS CONCERNED. THE FACT THAT A MEMBER ACQUIRES A DEPENDENT AFTER HIS ASSIGNMENT TO A DUTY STATION HAS NO BEARING ON HIS RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO THAT STATION, SINCE A MEMBER WITHOUT DEPENDENTS HAS THE SAME RIGHTS TO TRANSPORTATION OF HOUSEHOLD EFFECTS AS DOES A MEMBER WITH DEPENDENTS.

IT IS BELIEVED THAT THE CURRENT REGULATIONS, WHICH DO NOT PERMIT TRANSPORTATION OF DEPENDENTS ACQUIRED AFTER THE EFFECTIVE DATE OF CHANGE OF STATION ORDERS AND WHICH LIMIT MOVEMENT OF AFTER ACQUIRED HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE--- SEE PARAGRAPH 7000-10, 7060 AND 8000-2 (10), JOINT TRAVEL REGULATIONS--- EXPRESS THE INTENT OF THE CONGRESS AND THAT THERE IS NO AUTHORITY FOR THEIR AMENDMENT IN THE MANNER PROPOSED.