B-14153, JANUARY 9, 1941, 20 COMP. GEN. 354

B-14153: Jan 9, 1941

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ISSUED WHILE HE WAS STILL AT THE TEMPORARY STATION. HIS FIRST DUTY STATION UNDER THE CALL TO ACTIVE DUTY WAS THE PERMANENT STATION FIXED IN THE SECOND ORDERS AND. HE IS NOT ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION OF HIS DEPENDENTS FROM HIS HOME TO SUCH STATION. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER ENCLOSED THEREWITH IN FAVOR OF SECOND LT. THE CLAIM IS BASED ON TRAVEL INVOLVED INCIDENT TO SPECIAL ORDERS NO. 242. IS ORDERED TO EXTENDED ACTIVE DUTY FOR ONE (1) YEAR EFFECTIVE 21 OCTOBER. IS ASSIGNED TO STATION AT HEADQUARTERS SIXTH CORPS AREA. ON THAT DATE HE WILL PROCEED TO WASHINGTON. HE WILL PROCEED TO CHICAGO. HE WILL RANK FROM 7 OCTOBER. ON WHICH DATE HE WILL REVERT TO AN INACTIVE STATUS.

B-14153, JANUARY 9, 1941, 20 COMP. GEN. 354

TRANSPORTATION - DEPENDENTS - ARMY RESERVE OFFICER'S FIRST DUTY STATION WHERE ARMY RESERVE OFFICER'S ACTIVE DUTY ORDERS ASSIGNED HIM TO PERMANENT STATION ON A STATED EFFECTIVE DATE AND PROVIDED THAT HE SHOULD PROCEED TO ANOTHER STATION ON THAT DATE FOR TEMPORARY DUTY OF APPROXIMATELY 30 DAYS, AND SUBSEQUENT ORDERS, ISSUED WHILE HE WAS STILL AT THE TEMPORARY STATION, ASSIGNED HIM TO PERMANENT DUTY AT SUCH STATION, HIS FIRST DUTY STATION UNDER THE CALL TO ACTIVE DUTY WAS THE PERMANENT STATION FIXED IN THE SECOND ORDERS AND, HENCE, HE IS NOT ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION OF HIS DEPENDENTS FROM HIS HOME TO SUCH STATION.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. W. M. DIXON, UNITED STATES ARMY, JANUARY 9, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 13, 1940, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER ENCLOSED THEREWITH IN FAVOR OF SECOND LT. CHARLES M. THAYER, QM-RES., FOR $32.95 COVERING REIMBURSEMENT FOR TRANSPORTATION OF HIS DEPENDENTS FROM EVANSTON, ILL., TO WASHINGTON, D.C.

THE CLAIM IS BASED ON TRAVEL INVOLVED INCIDENT TO SPECIAL ORDERS NO. 242, HEADQUARTERS SIXTH CORPS AREA, CHICAGO, ILL., OCTOBER 15, 1940, AS FOLLOWS:

BY DIRECTION OF THE PRESIDENT UNDER AUTHORITY CONTAINED IN PUBLIC RESOLUTION NO. 96, 76TH CONGRESS, APPROVED AUGUST 27, 1940, AND ST IND., WAR DEPARTMENT, AG 201 THAYER, CHARLES MUCH MORE, (UNDATED) R. OCTOBER 9, 1940, SECOND LIEUTENANT CHARLES MUCH MORE THAYER, O-384473, QM-RES., ( IMA), ( A AND SAG), 732 REBA PLACE, EVANSTON, ILLINOIS, IS ORDERED TO EXTENDED ACTIVE DUTY FOR ONE (1) YEAR EFFECTIVE 21 OCTOBER, 1940, IN CONNECTION WITH CONSTRUCTION PROGRAM, AND IS ASSIGNED TO STATION AT HEADQUARTERS SIXTH CORPS AREA, CHICAGO, ILLINOIS. ON THAT DATE HE WILL PROCEED TO WASHINGTON, D.C., REPORTING UPON ARRIVAL TO THE QUARTERMASTER GENERAL FOR TEMPORARY DUTY OF APPROXIMATELY THIRTY (30) DAYS, AND BY LETTER TO COMMANDING GENERAL, SIXTH CORPS AREA, CHICAGO, ILLINOIS. UPON TERMINATION OF THIS TEMPORARY DUTY, HE WILL PROCEED TO CHICAGO, ILLINOIS, REPORTING UPON ARRIVAL TO THE COMMANDING GENERAL FOR DUTY IN THE OFFICE OF THE CORPS AREA QUARTERMASTER. HE WILL RANK FROM 7 OCTOBER, 1940. IF NOT SOONER RELIEVED FROM ACTIVE DUTY AT CHICAGO, ILLINOIS, OR AT SUCH PLACE AS HE THEN MAY BE SERVING, IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME, SHOWN AFTER HIS NAME, ON 20 OCTOBER, 1941, ON WHICH DATE HE WILL REVERT TO AN INACTIVE STATUS. FD 1326 P 15-0121 A 1505-01 AND 2. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 1326 P 15-0621-0284-1378-0700- 0730 A 1505 01 AND 2 REPORTS OF PAYMENTS AND TRANSPORTATION COSTS WILL BE SUBMITTED TO THIS HEADQUARTERS PLAINLY MARKED " FOR CCA OFFICER.' THIS OFFICER HAS HAD PHYSICAL EXAMINATION OF THE FINAL TYPE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF DUTY.

THESE ORDERS WERE MODIFIED BY SPECIAL ORDERS NO. 269, WAR DEPARTMENT, NOVEMBER 14, 1940, AS FOLLOWS:

PARA. 66. SECOND LIEUTENANT CHARLES M. THAYER (O-384473), QUARTERMASTER CORPS RESERVE, IS RELIEVED FROM ASSIGNMENT TO STATION AT HEADQUARTERS SIXTH CORPS AREA, CHICAGO, ILLINOIS, AND FROM TEMPORARY DUTY IN OFFICE OF THE QUARTERMASTER GENERAL, WASHINGTON, D.C., IS ASSIGNED TO DUTY IN THE OFFICE OF QUARTERMASTER GENERAL, WASHINGTON, D.C., AND WILL REPORT FOR DUTY. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 1421 P 83-0600 A 10410-01.

THE VOUCHER SHOWS THAT THE OFFICER'S DEPENDENTS WERE LOCATED AT HIS HOME, EVANSTON, ILL., WHEN SPECIAL ORDER NO. 269, WAR DEPARTMENT, WAS RECEIVED, AND THAT THEY TRAVELED FROM EVANSTON, ILL., TO WASHINGTON, D.C., BETWEEN THE DATES NOVEMBER 20 AND DECEMBER 1, 1940. IT APPEARS THAT THE ORDERS OF NOVEMBER 14, 1940, WERE RECEIVED BY LIEUTENANT THAYER PRIOR TO HIS COMPLETION OF TEMPORARY DUTY ASSIGNED AT WASHINGTON, D.C., AND THAT HE NEVER REPORTED FOR DUTY AT CHICAGO, ILL. THE EFFECT OF THE TWO ORDERS WAS TO DIRECT LIEUTENANT THAYER TO PROCEED FROM HIS HOME TO WASHINGTON, D.C., FOR EXTENDED ACTIVE DUTY FOR 1 YEAR. THE ONLY TRAVEL INVOLVED UNDER THESE ORDERS WAS TRAVEL TO HIS FIRST DUTY STATION.

THE CURRENT ARMY APPROPRIATION " ORGANIZED RESERVES," 54 STAT. 375, PROVIDES:

* * * FOR TRAVEL IN KIND, OR REIMBURSEMENT IN LIEU THEREOF, AS NOW AUTHORIZED BY LAW FOR OFFICERS OF THE REGULAR ARMY, OF DEPENDENTS OF RESERVE OFFICERS WHO HAVE BEEN ORDERED TO ACTIVE DUTY FOR PERIODS IN EXCESS OF FIFTEEN DAYS; * * *

UNDER SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, AS EXTENDED BY SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, OFFICERS OF THE REGULAR ARMY ARE ENTITLED TO TRANSPORTATION OF THEIR DEPENDENTS IN KIND OR REIMBURSEMENT IN LIEU THEREOF WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION. UNDER HIS ORDERS LIEUTENANT THAYER DID NOT ACQUIRE A DUTY STATION AT CHICAGO, ILL., THE EFFECT OF THE ORDERS BEING TO ASSIGN WASHINGTON, D.C., AS HIS FIRST DUTY STATION UNDER THE CALL TO ACTIVE DUTY. THE ORDERS DID NOT INVOLVE A CHANGE OF DUTY STATION AND THE LAW DOES NOT AUTHORIZE TRANSPORTATION FOR DEPENDENTS OF OFFICERS OF THE RESERVE CORPS TRAVELING TO A FIRST DUTY STATION UPON BEING CALLED TO ACTIVE SERVICE. 1 COMP. GEN. 677; 20 ID. 71, 75.

YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER IN QUESTION WHICH IS RETAINED IN THE FILES OF THIS OFFICE.

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