B-24891, APRIL 28, 1942, 21 COMP. GEN. 958

B-24891: Apr 28, 1942

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TRANSPORTATION - DEPENDENTS - TEMPORARY DUTY STATION SUBSEQUENTLY MADE PERMANENT THE COST OF TRANSPORTATION OF A NAVY OFFICER'S DEPENDENT WIFE TO THE OFFICER'S TEMPORARY STATION SUBSEQUENTLY ASSIGNED AS HIS NEW PERMANENT STATION IS NOT REIMBURSABLE UNDER SECTION 12 OF THE ACT OF JUNE 10. AS TRAVEL INCIDENT TO PERMANENT CHANGE OF STATION WHERE THE TRAVEL WAS PERFORMED IN CONNECTION WITH TEMPORARY DUTY ORDERS NOT DETACHING THE OFFICER FROM HIS OLD PERMANENT STATION. THE LETTER OF THE BUREAU OF NAVIGATION IS AS FOLLOWS: 1. IT WILL BE NOTED THAT BY ORDERS OF JANUARY 14. ENSIGN STAMPS WAS DIRECTED TO PROCEED TO CORPUS CHRISTI. IT WILL BE NOTED THAT THE DEPENDENT WIFE PERFORMED TRAVEL FROM NEW ORLEANS TO CORPUS CHRISTI JANUARY 15-17.

B-24891, APRIL 28, 1942, 21 COMP. GEN. 958

TRANSPORTATION - DEPENDENTS - TEMPORARY DUTY STATION SUBSEQUENTLY MADE PERMANENT THE COST OF TRANSPORTATION OF A NAVY OFFICER'S DEPENDENT WIFE TO THE OFFICER'S TEMPORARY STATION SUBSEQUENTLY ASSIGNED AS HIS NEW PERMANENT STATION IS NOT REIMBURSABLE UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, AS TRAVEL INCIDENT TO PERMANENT CHANGE OF STATION WHERE THE TRAVEL WAS PERFORMED IN CONNECTION WITH TEMPORARY DUTY ORDERS NOT DETACHING THE OFFICER FROM HIS OLD PERMANENT STATION, AND PRIOR TO THE ISSUANCE OF THE PERMANENT CHANGE OF STATION ORDERS. 7 COMP. GEN. 664, DISTINGUISHED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, APRIL 28, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 28, 1942, FORWARDING A LETTER FROM THE BUREAU OF NAVIGATION, DATED MARCH 25, 1942, RELATIVE TO THE CLAIM OF ENSIGN ROBERT F. STAMPS, D-V (S), U.S. NAVAL RESERVE, AND REQUESTING A DECISION AS TO WHETHER ENSIGN STAMPS MAY BE REIMBURSED FOR THE COST OF TRAVEL OF HIS DEPENDENT WIFE FROM NEW ORLEANS, LOUISIANA, TO CORPUS CHRISTI, TEXAS, PERFORMED UNDER TEMPORARY DUTY ORDERS NOT REQUIRING DETACHMENT OF THE OFFICER FROM HIS OLD PERMANENT DUTY STATION ( NEW ORLEANS) AND PRIOR TO THE ISSUANCE OF ORDERS FOR A NEW PERMANENT DUTY STATION ( CORPUS CHRISTI). THE LETTER OF THE BUREAU OF NAVIGATION IS AS FOLLOWS:

1. IT WILL BE NOTED THAT BY ORDERS OF JANUARY 14, 1942, ISSUED BY THE COMMANDANT, EIGHTH NAVAL DISTRICT, ENSIGN STAMPS WAS DIRECTED TO PROCEED TO CORPUS CHRISTI, TEXAS, FOR CERTAIN ADDITIONAL TEMPORARY DUTY AND UPON COMPLETION THEREOF TO RETURN TO NEW ORLEANS AND RESUME REGULAR DUTIES. ORDERS OF JANUARY 29, 1942, ALSO ISSUED BY THE COMMANDANT, EIGHTH NAVAL DISTRICT, REVOKED THE UNCOMPLETED PORTION OF ORDERS OF JANUARY 14 AND RETAINED ENSIGN STAMPS ON PERMANENT DUTY IN THE OFFICE OF THE PORT DIRECTOR, CORPUS CHRISTI, TEXAS. IT WILL BE NOTED THAT THE DEPENDENT WIFE PERFORMED TRAVEL FROM NEW ORLEANS TO CORPUS CHRISTI JANUARY 15-17, 1942, BEFORE THE ORDERS ASSIGNING ENSIGN STAMPS TO PERMANENT DUTY AT CORPUS CHRISTI WERE ISSUED.

2. ARTICLE 2505-7 (A) AND (B), NAVY TRAVEL INSTRUCTIONS, PROVIDES THAT WHEN PERSONNEL ARE ORDERED TO TEMPORARY DUTY STATIONS, THE ORDERS REQUIRING DETACHMENT FROM THE OLD DUTY STATION AND THE DEPENDENTS TRAVEL TO THE TEMPORARY STATION AT THE EXPENSE OF THE PERSONNEL CONCERNED, SUBSEQUENT ORDERS TO PERMANENT DUTY AT SUCH TEMPORARY STATION WILL CONSTITUTE AUTHORITY TO SUBMIT CLAIM FOR REIMBURSEMENT AND THAT WHEN ORDERS ARE ISSUED FOR PERMANENT DUTY AT A STATION OTHER THAN THE TEMPORARY DUTY STATION, COST OF TRANSPORTATION WILL BE ALLOWED FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION VIA THROUGH ROUTE.

3. THE ABOVE PROVISIONS OF THE NAVY TRAVEL INSTRUCTIONS ARE BASED ON DECISION OF THE COMPTROLLER GENERAL APRIL 17, 1928, 7 COMP. GEN. 664, AND OTHER SIMILAR DECISIONS IN WHICH IT WAS HELD THAT AN OFFICER DETACHED FROM PERMANENT STATION ASSIGNED AT TEMPORARY STATION AND THEREAFTER ASSIGNED PERMANENT STATION WAS ENTITLED TO THE COMMERCIAL COST OF TRANSPORTATION FOR HIS DEPENDENTS TO THE EXTENT OF THE TRAVEL OF THE DEPENDENTS TO THE NEW PERMANENT STATION NOT EXCEEDING THE COST FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION.

4. IT WILL BE NOTED THAT THE ABOVE-QUOTED DECISION WAS MADE IN CASE OF AN OFFICER DETACHED FROM HIS OLD PERMANENT STATION PRIOR TO ASSIGNMENT TO THE TEMPORARY DUTY STATION. ENSIGN STAMPS WAS NOT DETACHED FROM HIS PERMANENT DUTY STATION AT NEW ORLEANS PRIOR TO TRAVEL TO CORPUS CHRISTI AS THE ORIGINAL ORDERS REQUIRED HIS RETURN TO NEW ORLEANS.

5. IT IS REQUESTED THAT THE ENCLOSED CLAIM BE REFERRED TO THE COMPTROLLER GENERAL FOR DECISION AS TO WHETHER OR NOT REIMBURSEMENT MAY BE MADE FOR TRAVEL PERFORMED ON ORDERS NOT REQUIRING DETACHMENT FROM THE OLD PERMANENT STATION AND PRIOR TO THE ISSUE OF ORDERS FOR A NEW PERMANENT DUTY STATION.

THE TEMPORARY DUTY ORDER ISSUED ON JANUARY 14, 1942, BY THE COMMANDANT, EIGHTH NAVAL DISTRICT, TO ENSIGN ROBERT F. STAMPS, D-V (S), U.S. NAVAL RESERVE, IS AS FOLLOWS: SUBJECT:TEMPORARY ADDITIONAL DUTY. REFERENCE: (A) BUNAV LTR. NAV-313-BLL, DATED MARCH 7, 1941.

1. ON JANUARY 15, 1942, YOU WILL PROCEED TO CORPUS CHRIST, TEXAS, AND REPORT TO THE ROUTING OFFICER, OFFICE OF THE PORT DIRECTOR, FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH COMMUNICATION AND CODING.

2. THIS IS IN ADDITION TO YOUR PRESENT DUTIES AND UPON COMPLETION THEREOF, WHEN DIRECTED BY THE ROUTING OFFICER, OFFICE OF THE PORT DIRECTOR, CORPUS CHRISTI, TEXAS, YOU WILL RETURN TO NEW ORLEANS, LOUISIANA, AND RESUME YOUR REGULAR DUTIES.

3. UPON THE COMPLETION OF THIS TEMPORARY ADDITIONAL DUTY, YOU WILL FURNISH THE BUREAU OF NAVIGATION, FOR APPROVAL, THE ORIGINAL AND TWO COPIES OF THESE ORDERS, COMPLETE WITH ALL ENDORSEMENTS SHOWING TRAVEL PERFORMED.

4. THE COST OF TRAVEL INVOLVED IS CHARGEABLE TO " PAY, SUBSISTENCE AND TRANSPORTATION OF NAVAL PERSONNEL.'

THE ORDER OF JANUARY 29, 1942, IS AS FOLLOWS:SUBJECT: UNCOMPLETED PORTION OF TEMPORARY ADDITIONAL DUTY ORDERS

8ND T-423, OF JANUARY 14, 1942, REVOKED. REFERENCES: (A) COMEIGHT TEMPORARY ADDITIONAL DUTY ORDER 8ND T-423,

DATED JANUARY 14, 1942, ISSUED TO ENSIGN

ROBERT F. STAMPS, D-V (S), U.S.N.R.

(B) BUNAV LTR. NAV-31-MTK, 18166, DATED JANUARY 26,

1942, ISSUED TO ENSIGN ROBERT F. STAMPS, D-V (S),

U.S.N.R.

1. SO MUCH OF REFERENCE (A) AS DIRECTS YOU TO RETURN TO NEW ORLEANS, LOUISIANA, IS HEREBY REVOKED.

2. IN ACCORDANCE WITH REFERENCE (B), YOUR PERMANENT DUTY STATION IS OFFICE OF PORT DIRECTOR, CORPUS CHRISTI, TEXAS.

THE DECISIONS OF THIS OFFICE CONSISTENTLY HAVE HELD THAT UNDER THE PROVISIONS OF SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, AND SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, THERE CAN BE NO AUTHORIZED REIMBURSEMENT OF COMMERCIAL TRANSPORTATION COSTS IN CONNECTION WITH TRAVEL OF DEPENDENTS UNLESS THE TRAVEL WAS INCIDENT TO A PERMANENT CHANGE OF STATION FOR THE OFFICER OR ENLISTED MAN INVOLVED, AND THAT THE TRAVEL CANNOT BE SO INCIDENT IF PERFORMED PRIOR TO THE ISSUANCE AND RECEIPT OF ORDERS REQUIRING A PERMANENT CHANGE OF STATION. ALSO, THE DECISIONS REPEATEDLY HAVE HELD SPECIFICALLY THAT AN OFFICER OR ENLISTED MAN MAY NOT BE REIMBURSED FOR TRAVEL OF HIS DEPENDENTS TO A TEMPORARY STATION, EVEN THOUGH ORDERS ISSUED TO THE OFFICER AFTER THE DEPENDENTS HAD COMPLETED THE TRAVEL TO THE TEMPORARY STATION DESIGNATED SUCH STATION AS THE OFFICER'S NEW PERMANENT STATION. THIS ESTABLISHED GENERAL RULE WAS QUALIFIED BY THE DECISION IN 7 COMP. GEN. 664, WHICH HELD THAT:

* * * WHERE AN OFFICER IS DETACHED FROM HIS OLD PERMANENT STATION AND ASSIGNED TEMPORARY DUTY AND IS THEREAFTER ASSIGNED A PERMANENT STATION, IF NO TRANSPORTATION IN KIND HAS BEEN FURNISHED FOR THE USE OF HIS DEPENDENTS HE MAY, WITHIN THE PRECISE TERMS OF THE ACT OF JUNE 10, 1922, BE PAID THE COMMERCIAL COST OF TRANSPORTATION FROM THE PLACE FROM WHICH HIS DEPENDENTS TRAVELED ON OR IMMEDIATELY FOLLOWING HIS DETACHMENT FROM HIS OLD PERMANENT STATION TO HIS NEW PERMANENT STATION WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED. * * *

AS POINTED OUT BY THE BUREAU OF NAVIGATION, THE HOLDING IN 7 COMP. GEN. 664 RELATED TO CASES WHERE THE NAVAL PERSONNEL WERE DETACHED FROM THEIR OLD PERMANENT STATIONS AT THE TIME THEY LEFT SUCH STATIONS FOR TEMPORARY DUTY STATIONS. THAT HOLDING, IN TERMS, APPLIES, AND WAS INTENDED TO APPLY, ONLY TO CASES INVOLVING SUCH DETACHMENT. THERE IS A SUBSTANTIAL BASIS FOR DISTINCTION BETWEEN CASES WHERE THE OFFICER OR MAN IS DETACHED FROM HIS PERMANENT DUTY STATION WHEN ORDERED TO TEMPORARY DUTY STATION BEFORE BEING ASSIGNED TO A NEW PERMANENT STATION, AND CASES, SUCH AS THE SPECIFIC CASE YOU PRESENT, WHERE THE TEMPORARY DUTY ORDERS DO NOT DETACH THE OFFICER FROM HIS OLD PERMANENT STATION. IF THE ORDERS OF JANUARY 14, 1942, HAD DETACHED ENSIGN STAMPS FROM HIS PERMANENT STATION AT NEW ORLEANS, LA., HE WOULD THEN HAVE BEEN WITHOUT A PERMANENT STATION, AND THE TRAVEL OF HIS DEPENDENT AWAY FROM NEW ORLEANS UPON HIS DETACHMENT THEREFROM REASONABLY MIGHT HAVE BEEN CONSIDERED AS INCIDENT TO THE PERMANENT CHANGE OF STATION INITIATED BY HIS DETACHMENT AND LATER COMPLETED BY THE ASSIGNMENT OF A NEW PERMANENT STATION. HOWEVER, SINCE THE ORDERS OF JANUARY 14, 1942, SPECIFICALLY PROVIDED FOR THE RETURN OF ENSIGN STAMPS TO NEW ORLEANS UPON THE COMPLETION OF TEMPORARY DUTY AT CORPUS CHRISTI, IT SEEMS APPARENT THAT WHEN HIS WIFE TRAVELED TO CORPUS CHRISTI ON JANUARY 15 TO 17, 1942, HER TRAVEL WAS NOT INCIDENT TO A PERMANENT CHANGE OF STATION, AND THAT WHEN THE ORDERS OF JANUARY 29, 1942, WERE ISSUED NO TRAVEL BY THE WIFE INCIDENT TO THE PERMANENT CHANGE OF STATION WAS NECESSARY.

ACCORDINGLY, THE PROPOSED PAYMENT TO ENSIGN STAMPS IS NOT AUTHORIZED AND THE VOUCHER COVERING HIS CLAIM IS RETAINED IN THIS OFFICE. THE ORIGINAL ORDERS ADDRESSED TO ENSIGN STAMPS ARE RETURNED HEREWITH FOR FORWARDING TO THE OFFICER IN ACCORDANCE WITH HIS REQUEST IN HIS LETTER OF FEBRUARY 21, 1942, TRANSMITTING HIS CLAIM TO THE BUREAU OF NAVIGATION.