B-21768, JANUARY 15, 1942, 21 COMP. GEN. 661

B-21768: Jan 15, 1942

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TRANSPORTATION - DEPENDENTS - RETIRED ARMY OFFICERS ON ACTIVE DUTY - RAPID SUCCESSION OF STATION CHANGES WHERE A RETIRED ARMY OFFICER WAS ORDERED TO A SECOND PERMANENT ACTIVE DUTY STATION EFFECTIVE THREE MONTHS OR LESS FROM THE EFFECTIVE DATE OF THE ORDERS FIXING HIS FIRST PERMANENT ACTIVE DUTY STATION AND BEFORE HIS DEPENDENTS HAD AN OPPORTUNITY TO TRAVEL TO THE FIRST STATION FROM THEIR HOME. IS NOT LIMITED TO THAT FROM THE FIRST TO THE SECOND STATION. AS IS THE CASE IN SUCCESSIVE STATION CHANGES OF OFFICERS ON THE ACTIVE LIST OF THE REGULAR ARMY. AS FOLLOWS: ATTACHED HERETO IS A VOUCHER IN THE AMOUNT OF $128.19 IN FAVOR OF COLONEL MALCOLM P. FROM THE ATTACHED ORDERS IT APPEARS THAT THIS OFFICER WAS PLACED ON ACTIVE DUTY EFFECTIVE ON OR ABOUT MAY 1.

B-21768, JANUARY 15, 1942, 21 COMP. GEN. 661

TRANSPORTATION - DEPENDENTS - RETIRED ARMY OFFICERS ON ACTIVE DUTY - RAPID SUCCESSION OF STATION CHANGES WHERE A RETIRED ARMY OFFICER WAS ORDERED TO A SECOND PERMANENT ACTIVE DUTY STATION EFFECTIVE THREE MONTHS OR LESS FROM THE EFFECTIVE DATE OF THE ORDERS FIXING HIS FIRST PERMANENT ACTIVE DUTY STATION AND BEFORE HIS DEPENDENTS HAD AN OPPORTUNITY TO TRAVEL TO THE FIRST STATION FROM THEIR HOME, THE TRANSPORTATION AUTHORIZED FOR HIS DEPENDENTS BY THE MILITARY APPROPRIATION ACT, 1941, IS NOT LIMITED TO THAT FROM THE FIRST TO THE SECOND STATION, AS IS THE CASE IN SUCCESSIVE STATION CHANGES OF OFFICERS ON THE ACTIVE LIST OF THE REGULAR ARMY, BUT EXTENDS TO TRANSPORTATION FROM THEIR HOME TO THE SECOND STATION.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. W. M. DIXON, U.S. ARMY, JANUARY 15, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 30, 1941 (WITH ENCLOSURES), AS FOLLOWS:

ATTACHED HERETO IS A VOUCHER IN THE AMOUNT OF $128.19 IN FAVOR OF COLONEL MALCOLM P. ANDRUSS, U.S. ARMY, RETIRED, COVERING REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS WHICH HAS BEEN PRESENTED TO THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

FROM THE ATTACHED ORDERS IT APPEARS THAT THIS OFFICER WAS PLACED ON ACTIVE DUTY EFFECTIVE ON OR ABOUT MAY 1, 1941, AND DIRECTED TO PROCEED FROM HIS HOME, ISSAQUAH, WASHINGTON, TO NEW YORK, NEW YORK, BY PAR. 3, S.O. NO. 88, W.D., 16 APRIL 1941. THIS ORDER WAS AMENDED, HOWEVER, BY PAR. 5, S.O. NO. 93, W.D., 22 APRIL 1941, TO DIRECT THAT HE PROCEED TO SYRACUSE, NEW YORK, RATHER THAN TO NEW YORK, NEW YORK. PAR. 9 (8), S.O. NO. 130, W.D., 5 JUNE 1941, THEN RELIEVED HIM FROM ASSIGNMENT AND DUTY AT SYRACUSE, NEW YORK, AND ASSIGNED HIM TO WILMINGTON, DELAWARE.

CLAIM IS BEING MADE ON THE BASIS OF COST FOR TRAVEL OF HIS DEPENDENTS FROM HIS HOME, ISSAQUAH, WASHINGTON, TO HIS SECOND PERMANENT STATION, WILMINGTON, DELAWARE, AND IS PREMISED ON THE PRINCIPLE ANNOUNCED BY THE COMPTROLLER GENERAL IN DECISION DATED SEPTEMBER 11, 1935, 15 COMP. GEN. 193, CONCERNING RAPID SUCCESSION OF CHANGES OF STATIONS.

THE UNDERSIGNED IS IN DOUBT AS TO WHETHER REIMBURSEMENT AS CLAIMED IS AUTHORIZED, AND YOUR DECISION IS RESPECTFULLY REQUESTED.

THE AMENDED ORDER OF APRIL 22, 1941, RECALLING COLONEL ANDRUSS TO ACTIVE DUTY AND FIXING SYRACUSE, N.Y., AS HIS DUTY STATION, IS AS FOLLOWS (PARAGRAPH 5, WAR DEPARTMENT SPECIAL ORDERS NO. 93):

PAR. 3, S.O., 88, W.D., 1941, PERTAINING TO COLONEL MALCOLM P. ANDRUSS (O -1726), UNITED STATES ARMY, RETIRED, IS AMENDED TO READ AS FOLLOWS: "BY DIRECTION OF THE PRESIDENT, COLONEL MALCOLM P. ANDRUSS (O-1726) UNITED STATES ARMY, RETIRED, IS PLACED ON ACTIVE DUTY, EFFECTIVE ON OR ABOUT 1 MAY, 1941, AND IS THEN ASSIGNED TO DUTY IN CONNECTION WITH RECRUITING AT SYRACUSE, NEW YORK. HE WILL PROCEED FROM HIS HOME ISSAQUAH, WASHINGTON, TO SYRACUSE, NEW YORK, AND REPORT BY LETTER TO THE COMMANDING GENERAL, SECOND CORPS AREA, FOR INSTRUCTIONS. FD 1413 P 1-06, 15-06 A 10410-01. A.G. 210.62.) (19 APR. 41).'

IT APPEARS THAT COLONEL ANDRUSS WAS ON DUTY IN SYRACUSE, N.Y., HAVING REPORTED MAY 11, 1941, PURSUANT TO THE ABOVE-QUOTED ORDER WHEN HE RECEIVED PARAGRAPH 8, WAR DEPARTMENT SPECIAL ORDERS NO. 130, DATED JUNE 5, 1941, WHICH IS AS FOLLOWS:

COLONEL MALCOLM P. ANDRUSS (O-1726), COAST ARTILLERY CORPS, IS RELIEVED FROM ASSIGNMENT AND DUTY IN CONNECTION WITH RECRUITING WITH STATION AT SYRACUSE, NEW YORK, IS ASSIGNED TO DUTY IN CONNECTION WITH RECRUITING WITH STATION AT WILMINGTON, DELAWARE, AND WILL PROCEED TO THAT STATION AND REPORT FOR DUTY. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 1413 P 1-06, 15-06 A 10410-01. ( A.G. 210.62.) (2 JUNE, 41).

THE DEPENDENTS OF COLONEL ANDRUSS DID NOT JOIN HIM IN SYRACUSE, N.Y. HE STATES IN HIS LETTER OF SEPTEMBER 10, 1941:

3. * * * SHORTLY AFTER I HAD LOCATED A HOME FOR THE FAMILY--- THEY WERE ON THE EVE OF JOINING ME--- ORDERS WERE RECEIVED ( PAR. 8, S.O. 130, W.D., JUNE 5, 1941--- COPY ENCLOSED) RELIEVING ME FROM DUTY IN SYRACUSE, N.Y., AND ASSIGNING ME TO DUTY IN WILMINGTON, DELAWARE, AS DISTRICT RECRUITING OFFICER, DELAWARE DISTRICT. I JOINED JUNE 20, 1941.

4. I HAVE JUST RECENTLY BEEN ABLE TO LOCATE A HOME FOR MY FAMILY HERE IN WILMINGTON AND THEY ARE SCHEDULED TO LEAVE SEATTLE FOR WILMINGTON ON THE 18TH INST.

THEY LEFT ISSAQUAH, WASH., SOMETIME IN SEPTEMBER 1941, WHEN THEY TRAVELED TO WILMINGTON, DEL.

IN 15 COMP. GEN. 193, CITED IN YOUR LETTER, SUPRA, IN SUPPORT OF THE CLAIM OF COLONEL ANDRUSS, IT WAS HELD AS FOLLOWS (QUOTING THE SYLLABUS):

WHERE CIRCUMSTANCES RESULTING FROM A RAPID SUCCESSION OF CHANGES OF STATIONS PREVENT THE SELECTION OF A SHIPPING ADDRESS PRIOR TO THE RECEIPT OF ANOTHER CHANGE OF STATION ORDERS, AND NO SHIPMENT HAS BEEN MADE TO THE INTERMEDIATE STATION OR STATIONS, TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE, FROM THE FORMER (FIRST OLD) STATION OR FROM AN INTERMEDIATE POINT TO THE ULTIMATE NEW STATION, IS AUTHORIZED, IF THE REQUEST IS MADE WITH REASONABLE PROMPTNESS, ON THE SAME BASIS AS TO LIMIT OF COST AS HAD THE ULTIMATE NEW STATION BEEN SO ASSIGNED IN THE FIRST ORDER INVOLVED.

THE CONDITIONS IN THE LAWS AND REGULATIONS RELATING TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL ARE DIFFERENT FROM THE CONDITIONS IN THE LAWS AND REGULATIONS RELATING TO THE TRANSPORTATION OF DEPENDENTS OF SUCH PERSONNEL ON PERMANENT CHANGE OF STATION, AND THE DECISION CITED IN YOUR LETTER, INVOLVING TRANSPORTATION OF HOUSEHOLD EFFECTS, HAS NO APPLICATION TO TRANSPORTATION OF DEPENDENTS.

WITH RESPECT TO TRANSPORTATION OF DEPENDENTS BETWEEN PERMANENT DUTY STATIONS OF OFFICERS OF THE REGULAR ARMY ON THE ACTIVE LIST, THE RULE INCORPORATED IN THE ARMY REGULATIONS (PARAGRAPH 7G, AR 30-920, AND PARAGRAPH 4B, AR 35-5320) AND LONG RECOGNIZED IN THE DECISIONS OF THIS OFFICE IS THAT WHERE AN OFFICER'S DEPENDENTS PERFORM NO TRAVEL INCIDENT TO A PERMANENT CHANGE OF STATION BEFORE THE OFFICER IS ORDERED TO MAKE ANOTHER PERMANENT CHANGE OF STATION, THE TRANSPORTATION AUTHORIZED FOR THEM IS LIMITED TO THAT FROM THE LAST PERMANENT STATION TO THE ULTIMATE NEW STATION.

THE MILITARY APPROPRIATION ACT, 1941, APPROVED JUNE 13, 1940, 54 STAT. 356, PROVIDES AN APPROPRIATION FOR "TRANSPORTATION, OR REIMBURSEMENT THEREFOR, OF * * * DEPENDENTS OF MILITARY PERSONNEL, INCLUDING THOSE OF RETIRED OFFICERS ORDERED TO ACTIVE DUTY AND UPON RELIEF THEREFROM.' THE PURPOSE OF THIS PROVISION WAS TO GIVE FINANCIAL AID TO RETIRED OFFICERS TO DEFRAY THE COST OF TRANSPORTATION OF THEIR DEPENDENTS WHEN ORDERED TO ACTIVE DUTY FROM THEIR HOMES, AND WHERE THE NEEDS OF THE SERVICE ARE SUCH THAT A RETIRED OFFICER IS ORDERED FROM HIS FIRST PERMANENT ACTIVE DUTY STATION A SHORT TIME AFTER REPORTING THERETO, AND BEFORE HE SUCCEEDS IN SECURING LIVING ACCOMMODATIONS FOR HIS DEPENDENTS, OR BEFORE THE DEPENDENTS HAVE AN OPPORTUNITY TO TRAVEL FROM THEIR HOME TO THE FIRST PERMANENT DUTY STATION, IT DOES NOT APPEAR NECESSARY OR PROPER TO EXTEND TO SUCH A CASE THE RULE WITH RESPECT TO SUCCESSIVE PERMANENT STATION CHANGES OF OFFICERS ON THE ACTIVE LIST, AT LEAST NOT IN CASES WHERE THE TIME BETWEEN THE EFFECTIVE DATE OF THE ORDERS FIXING THE FIRST DUTY STATION AND THE EFFECTIVE DATE OF THE ORDERS FIXING THE SECOND DUTY STATION IS THREE MONTHS OR LESS. IT SHOULD BE UNDERSTOOD THAT THIS DECISION DOES NOT AFFECT IN ANY WAY THE RULE WITH RESPECT TO OFFICERS ON THE ACTIVE LIST OF THE REGULAR ARMY AS STATED ABOVE AND IS BASED ENTIRELY ON THE LANGUAGE OF THE APPROPRIATION ACT QUOTED ABOVE AND HERE APPLICABLE.

IN ACCORDANCE WITH THE FOREGOING, THE VOUCHER COVERING THE COST OF THE TRANSPORTATION OF THE DEPENDENTS OF COLONEL ANDRUSS FROM THEIR HOME, ISSAQUAH, WASH., TO WILMINGTON, DEL., IS RETURNED HEREWITH FOR PAYMENT, IF OTHERWISE CORRECT.