B-148121, FEB. 20, 1962

B-148121: Feb 20, 1962

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER DATED FEBRUARY 2. IT IS REPORTED. THAT THE DEPLOYMENT ORDERS WERE SUBSEQUENTLY CANCELLED PRIOR TO THEIR EFFECTIVE DATE. THAT 10 MEMBERS HAVE BEEN REIMBURSED FOR THE TRAVEL PERFORMED BY THEIR DEPENDENTS AND ALSO HAVE BEEN PAID DISLOCATION ALLOWANCE. SINCE THE DEPLOYMENT ORDERS WERE CANCELLED PRIOR TO THEIR EFFECTIVE DATE. IT IS STATED. THE DISBURSING OFFICER WAS PERMITTED TO MAKE PAYMENTS ON THE BASIS OF THE CERTIFICATES THERE PROVIDED FOR. IF THE TRAVEL WAS COMPLETED. WITHOUT DETERMINING WHETHER THE ORDERS WERE STILL IN EFFECT. THE LETTER RELATES FURTHER THAT IT WAS NECESSARY IN THE INTEREST OF THE GOVERNMENT TO CANCEL THE DEPLOYMENT ORDERS AND IN ORDER TO PROVIDE RELIEF FOR THE INDIVIDUAL MEMBERS WHOSE RIGHTS WERE AFFECTED BY THE CANCELLATION.

B-148121, FEB. 20, 1962

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER DATED FEBRUARY 2, 1962, FROM THE UNDER SECRETARY OF THE NAVY, REQUESTING THAT OUR OFFICE APPROVE THE SUSPENSION OF COLLECTION ACTION ON OVERPAYMENTS MADE TO 10 MEMBERS OF A MARINE CORPS UNIT BASED AT TWENTY-NINE PALMS, CALIFORNIA, PENDING ACTION BY THE CONGRESS ON PROPOSED LEGISLATION FOR THE RELIEF OF THE MEMBERS INVOLVED.

THE LETTER RELATES THAT EARLY IN JULY 1961, THE COMMANDING OFFICER OF A MARINE CORPS UNIT AT TWENTY-NINE PALMS, CALIFORNIA, ISSUED CERTIFICATES IN LIEU OF ORDERS TO THE MEMBERS OF THE UNIT, FOR A PERMANENT CHANGE OF STATION BASED ON A PREVIOUS ORDER TO THE UNIT TO DEPLOY TO A RESTRICTED AREA DURING THE FIRST QUARTER OF FISCAL YEAR 1962. BASED ON THESE CERTIFICATES, MANY OF THE MEMBERS MOVED THEIR DEPENDENTS TO A DESIGNATED PLACE WITHIN THE UNITED STATES. IT IS REPORTED, HOWEVER, THAT THE DEPLOYMENT ORDERS WERE SUBSEQUENTLY CANCELLED PRIOR TO THEIR EFFECTIVE DATE, AND THAT 10 MEMBERS HAVE BEEN REIMBURSED FOR THE TRAVEL PERFORMED BY THEIR DEPENDENTS AND ALSO HAVE BEEN PAID DISLOCATION ALLOWANCE.

SINCE THE DEPLOYMENT ORDERS WERE CANCELLED PRIOR TO THEIR EFFECTIVE DATE, NO RIGHT TO DEPENDENTS' TRAVEL OR DISLOCATION ALLOWANCES ACCRUED. IT IS STATED, HOWEVER, IN VIEW OF THE PROCEDURE SET OUT IN PARAGRAPH 7007-2, NAVY TRAVEL INSTRUCTIONS, UNDER WHICH TRANSPORTATION OF DEPENDENTS MAY BE AUTHORIZED UPON TRANSFER TO A RESTRICTED AREA, THE DISBURSING OFFICER WAS PERMITTED TO MAKE PAYMENTS ON THE BASIS OF THE CERTIFICATES THERE PROVIDED FOR, IF THE TRAVEL WAS COMPLETED, WITHOUT DETERMINING WHETHER THE ORDERS WERE STILL IN EFFECT.

THE LETTER RELATES FURTHER THAT IT WAS NECESSARY IN THE INTEREST OF THE GOVERNMENT TO CANCEL THE DEPLOYMENT ORDERS AND IN ORDER TO PROVIDE RELIEF FOR THE INDIVIDUAL MEMBERS WHOSE RIGHTS WERE AFFECTED BY THE CANCELLATION, H.R. 9522 WAS INTRODUCED JANUARY 10, 1962, IN THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR THE RELIEF OF THOSE MARINE CORPS MEMBERS WHO INCURRED LOSSES PURSUANT TO THE CANCELLATION OF THE PERMANENT CHANGE OF STATION MOVEMENT.

YOU ARE ADVISED THAT SO LONG AS RELIEF LEGISLATION IS PENDING IN THE 87TH CONGRESS, COLLECTION ACTION IN THE CASES INVOLVED MAY BE HELD IN ABEYANCE EXCEPT WHERE SUCH ACTION IS NECESSARY TO AVOID SUBSTANTIAL PREJUDICE TO THE RIGHTS OF THE GOVERNMENT. IN THIS CONNECTION, THE INTERESTS OF THE GOVERNMENT WOULD REQUIRE COLLECTION IN ANY CASE WHERE THE MEMBER IS TO BE DISCHARGED OR RELEASED FROM ACTIVE DUTY PRIOR TO FINAL ACTION ON THE PROPOSED LEGISLATION.