B-145471, AUGUST 15, 1969, 49 COMP. GEN. 101

B-145471, AUGUST 15, 1969, 49 COMP. GEN. 101

MISSING PERSONS ACT -- MILITARY PERSONNEL -- MEMBERS INJURED WHILE STATIONED IN UNITED STATES -- TRANSPORTATION RIGHTS MEMBERS OF THE UNIFORMED SERVICES, REGARDLESS OF PAY GRADE, WHO INCUR AN INJURY BY ANY MEANS WHILE STATIONED INSIDE THE UNITED STATES- WHETHER OR NOT THEY ARE IN A DUTY, LEAVE, OR EN ROUTE STATUS--ARE ENTITLED TO THE TRANSPORTATION OF DEPENDENTS, HOUSEHOLD AND PERSONAL EFFECTS, AND ONE AUTOMOBILE PURSUANT TO 37 U.S.C. 554, AND THE JOINT TRAVEL REGULATIONS MAY BE REVISED ACCORDINGLY. THE AMENDMENTS TO SECTION 12 OF THE MISSING PERSONS ACT AND ITS REENACTMENT AS 37 U.S.C. 554 REMOVED THE RESTRICTION THAT THE ACT APPLIES ONLY TO THOSE MEMBERS INJURED OUTSIDE THE UNITED STATES. HOWEVER, ABSENCE REFERENCE IN 37 U.S.C. 554 TO DISEASE OR ILLNESS, THE SECTION DOES NOT APPLY TO A MEMBER WHO BECOMES ILL OR CONTRACTS A DISEASE WHICH DOES NOT RESULT IN HIS DEATH WHILE IN AN ACTIVE DUTY STATUS.

TO THE SECRETARY OF THE ARMY, AUGUST 15, 1969:

REFERENCE IS MADE TO LETTER OF JUNE 14, 1969, FROM THE ASSISTANT SECRETARY OF THE ARMY (MANPOWER AND RESERVE AFFAIRS) REQUESTING A DECISION WHETHER VOLUME 1 OF THE JOINT TRAVEL REGULATIONS MAY BE REVISED TO SHOW THE TRANSPORTATION BENEFITS OF 37 U.S.C. 554 AS APPLICABLE TO CASES OF MEMBERS OF THE UNIFORMED SERVICES, REGARDLESS OF PAY GRADE, WHO CONTRACT A DISEASE OR INCUR AN INJURY BY ANY MEANS (AUTO ACCIDENT, BURNS, ETC.) WHILE THEY ARE STATIONED INSIDE THE UNITED STATES, WHETHER OR NOT THEY ARE IN A DUTY, LEAVE, OR EN ROUTE STATUS. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 69-24, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY STATES THAT THE MISSING PERSONS ACT WAS ORIGINALLY ENACTED AS TEMPORARY WARTIME LEGISLATION AND APPARENTLY SECTION 12 THEREOF (PRESENTLY 37 U.S.C. 554) HAS GENERALLY BEEN INTERPRETED AS APPLYING ONLY TO MEMBERS STATIONED OUTSIDE THE UNITED STATES INSOFAR AS CONCERNS CASUALTY CASES OTHER THAN DEATH. HOWEVER, HE INDICATES THAT OUR DECISION, 44 COMP. GEN. 43 (1964), APPEARS TO IMPLY THAT SECTION 554 MAY ALSO APPLY TO MEMBERS, WITHOUT REGARD TO PAY GRADE, WHO ARE INJURED WHILE STATIONED INSIDE THE UNITED STATES.

HE SAYS THAT THIS VIEW IS SUBSTANTIATED BY THE AMENDMENTS TO AND DELETIONS FROM THAT SECTION BY SECTION 1 OF THE ACT OF AUGUST 29, 1951, 65 STAT. 207, AND SECTION 5(2) OF PUBLIC LAW 90-83, SEPTEMBER 11, 1967, 81 STAT. 221. HE STATES FURTHER, HOWEVER, THAT IT SEEMS OBVIOUS THAT THE PROVISIONS OF 37 U.S.C. 554 WOULD NOT APPLY TO CASES INVOLVING A DISEASE OR ILLNESS SINCE NEITHER WORD APPEARS IN THE TEXT MATERIAL OF THE LAW.

SECTION 12 OF THE MISSING PERSONS ACT, 56 STAT. 146, AS AMENDED, WAS AMENDED BY PUBLIC LAW 131, DATED AUGUST 29, 1951, 65 STAT. 207 (50 U.S.C. APP. 1012 (1952 ED.)). THE LEGISLATIVE HISTORY OF THE 1951 AMENDMENT, AS CONTAINED IN S. REPT. NO. 584, COMMITTEE ON ARMED SERVICES, 82D CONG, 1ST SESS., DISCLOSES THAT THE PRINCIPAL INTENT OF THE AMENDMENT WAS TO DELETE THE PHRASE "AS THE RESULT OF MILITARY OR NAVAL OPERATIONS" CONTAINED IN THE SECTION, TO OVERCOME THE INTERPRETATION OF OUR OFFICE IN 28 COMP. GEN. 270 (1948), THAT THE PHRASE WAS APPLICABLE TO DECEASED AND INJURED MEMBERS AS WELL AS THOSE IN A MISSING STATUS. THE REPORT STATED THAT THE SECTION WAS REVISED TO

*** MAKE IT CLEAR THAT IT WAS NOT INTENDED TO DEPRIVE DEPENDENTS OF INJURED AND DECEASED PERSONNEL OF THE BENEFITS OF THE SECTION, EVEN THOUGH SUCH INJURY OR DEATH DID NOT RESULT SPECIFICALLY FROM MILITARY OR NAVAL OPERATIONS.

AS FINALLY APPROVED THE AMENDED SECTION RETAINED THE CLASSIFICATION OF "INJURED" WHICH THE HOUSE OF REPRESENTATIVES VERSION OF THE MEASURE HAD REMOVED. ALSO, THE FOLLOWING PROVISO WAS ADDED:

WHEN THE PERSON IS IN AN "INJURED" STATUS, THE MOVEMENT OF DEPENDENTS OR HOUSEHOLD AND PERSONAL EFFECTS PROVIDED FOR HEREIN MAY BE AUTHORIZED ONLY IN CASES WHERE THE ANTICIPATED PERIOD OF HOSPITALIZATION OR TREATMENT WILL BE OF PROLONGED DURATION. IN ADDITION, THE SECTION REQUIRED OF ALL CLASSIFICATIONS CITED THEREIN, THAT

NO TRANSPORTATION SHALL BE AUTHORIZED PURSUANT TO THIS SECTION UNLESS A REASONABLE RELATIONSHIP EXISTS BETWEEN THE CONDITION AND CIRCUMSTANCES OF THE DEPENDENTS AND THE DESTINATION TO WHICH TRANSPORTATION IS REQUESTED.

SECTION 12 OF THE MISSING PERSONS ACT WAS FURTHER AMENDED AND MADE PERMANENT BY PUBLIC LAW 85-217, AUGUST 29, 1957, 71 STAT. 491. BY SECTION 5 OF PUBLIC LAW 89-554, DATED SEPTEMBER 6, 1966, 80 STAT. 625, THE MISSING PERSONS ACT WAS REENACTED AND RECODIFIED AS CHAPTER 10, TITLE 37, U.S. CODE, SECTIONS NUMBERED 551 TO 558 INCLUSIVE, OF WHICH SECTION 554 REPLACED SECTION 12 OF THE 1942 ACT AS AMENDED.

THE PERTINENT PROVISIONS OF SECTION 554 (A), (B), (C), AND (D), WHEN ENACTED WERE AS FOLLOWS:

(A) IN THIS SECTION "HOUSEHOLD AND PERSONAL EFFECTS" AND "HOUSEHOLD EFFECTS" MAY INCLUDE, IN ADDITION TO OTHER AUTHORIZED WEIGHT ALLOWANCES, ONE PRIVATELY OWNED MOTOR VEHICLE WHICH MAY BE SHIPPED AT UNITED STATES EXPENSE WHEN IT IS LOCATED OUTSIDE THE UNITED STATES, OR IN ALASKA OR HAWAII.

(B) TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING OF HOUSEHOLD AND PERSONAL EFFECTS) MAY BE PROVIDED FOR THE DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF A MEMBER OF A UNIFORMED SERVICE ON ACTIVE DUTY (WITHOUT REGARD TO PAY GRADE) WHO IS OFFICIALLY REPORTED AS DEAD, INJURED, OR ABSENT FOR A PERIOD OF MORE THAN 29 DAYS IN A MISSING STATUS--

(1) TO THE MEMBER'S OFFICIAL RESIDENCE OF RECORD;

(2) TO THE RESIDENCE OF HIS DEPENDENT, NEXT OF KIN, OR OTHER PERSON ENTITLED TO CUSTODY OF THE EFFECTS, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED; OR

(3) ON REQUEST OF THE MEMBER (IF INJURED), OR HIS DEPENDENT, NEXT OF KIN, OR OTHER PERSON DESCRIBED IN CLAUSE (2), TO ANOTHER LOCATION DETERMINED IN ADVANCE OR LATER APPROVED BY THE SECRETARY CONCERNED, OR HIS DESIGNEE.

(C) WHEN A MEMBER DESCRIBED IN SUBSECTION (B) OF THIS SECTION IS IN AN INJURED STATUS, TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS AUTHORIZED BY THIS SECTION MAY BE PROVIDED ONLY WHEN PROLONGED HOSPITALIZATION OR TREATMENT IS ANTICIPATED.

(D) TRANSPORTATION REQUESTED BY A DEPENDENT MAY BE AUTHORIZED UNDER THIS SECTION ONLY IF THERE IS A REASONABLE RELATIONSHIP BETWEEN THE CIRCUMSTANCES OF THE DEPENDENT AND THE REQUESTED DESTINATION.

BY SECTION 5(2), PUBLIC LAW 90-83, SEPTEMBER 11, 1967, 81 STAT. 221, SUBSECTION (A) OF SECTION 554 WAS AMENDED BY DELETING THE PHRASE "WHEN IT IS LOCATED OUTSIDE THE UNITED STATES, OR IN ALASKA OR HAWAII."

WE ARE OF THE OPINION THAT THE CHANGES IN SECTION 12 OF THE MISSING PERSONS ACT, AS AMENDED, INCLUDING ITS REENACTMENT BY SECTION 5 OF PUBLIC LAW 89-554, AS 37 U.S.C. 554, ARE SUFFICIENTLY BROAD TO PROVIDE AUTHORITY FOR THE MOVEMENT OF DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS IN THE CASE OF A MEMBER OF A UNIFORMED SERVICE ON ACTIVE DUTY WITHOUT REGARD TO PAY GRADE (INCLUDING PERIODS WHILE ON AUTHORIZED LEAVE, OR WHILE IN AN EN ROUTE STATUS) WHO IS INJURED IN THE UNITED STATES OR OUTSIDE THE UNITED STATES, IF OTHER STATUTORY QUALIFICATIONS ARE MET.

ACCORDINGLY, INSOFAR AS THE CASES OF MEMBERS WHO ARE OFFICIALLY REPORTED AS HAVING INCURRED INJURIES IN THE UNITED STATES ARE CONCERNED, WE HAVE NO OBJECTION TO THE PROPOSED CHANGES IN THE JOINT TRAVEL REGULATIONS. SINCE, AS THE ASSISTANT SECRETARY INDICATES, THE CASE OF A MEMBER WHO BECOMES ILL OR CONTRACTS A DISEASE (WHICH DOES NOT RESULT IN HIS DEATH WHILE IN AN ACTIVE DUTY STATUS) IS NOT ENUMERATED IN SECTION 554, THE SECTION HAS NO APPLICATION IN SUCH CASES.