B-25083, MAY 12, 1942, 21 COMP. GEN. 1010

B-25083: May 12, 1942

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TRANSPORTATION - DEPENDENTS - MARINE CORPS RESERVE THE TRANSPORTATION TO WHICH DEPENDENTS OF OFFICERS AND ENLISTED MEN OF THE MARINE CORPS RESERVE ON REPORTING FOR ACTIVE DUTY ARE ENTITLED UNDER THE ACT OF AUGUST 25. WHICH AUTHORIZES TRANSPORTATION OF DEPENDENTS OF SUCH OFFICERS AND ENLISTED MEN "WHEN ORDERED TO ACTIVE DUTY" BUT WHICH DOES NOT DESIGNATE THE POINT FROM WHICH THE TRANSPORTATION IS AUTHORIZED. IS LIMITED TO THE DISTANCE FOR WHICH THE OFFICER OR MAN HIMSELF IS ENTITLED TO MILEAGE OR TRANSPORTATION IN REPORTING TO ACTIVE DUTY. REQUESTING DECISION AS TO WHAT TRANSPORTATION IS AUTHORIZED FOR DEPENDENTS OF MEMBERS OF THE MARINE CORPS RESERVE UNDER THE CONDITIONS STATED IN THREE SPECIFIC CASES SET FORTH IN A LETTER ADDRESSED TO YOU BY THE COMMANDANT.

B-25083, MAY 12, 1942, 21 COMP. GEN. 1010

TRANSPORTATION - DEPENDENTS - MARINE CORPS RESERVE THE TRANSPORTATION TO WHICH DEPENDENTS OF OFFICERS AND ENLISTED MEN OF THE MARINE CORPS RESERVE ON REPORTING FOR ACTIVE DUTY ARE ENTITLED UNDER THE ACT OF AUGUST 25, 1941, WHICH AUTHORIZES TRANSPORTATION OF DEPENDENTS OF SUCH OFFICERS AND ENLISTED MEN "WHEN ORDERED TO ACTIVE DUTY" BUT WHICH DOES NOT DESIGNATE THE POINT FROM WHICH THE TRANSPORTATION IS AUTHORIZED, IS LIMITED TO THE DISTANCE FOR WHICH THE OFFICER OR MAN HIMSELF IS ENTITLED TO MILEAGE OR TRANSPORTATION IN REPORTING TO ACTIVE DUTY.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MAY 12, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 4, 1942 (WITH ENCLOSURE), REQUESTING DECISION AS TO WHAT TRANSPORTATION IS AUTHORIZED FOR DEPENDENTS OF MEMBERS OF THE MARINE CORPS RESERVE UNDER THE CONDITIONS STATED IN THREE SPECIFIC CASES SET FORTH IN A LETTER ADDRESSED TO YOU BY THE COMMANDANT, UNITED STATES MARINE CORPS, DATED MARCH 31, 1942, WHICH IS AS FOLLOWS:

SUBJECT: TRANSPORTATION FOR DEPENDENTS OF RESERVE PERSONNEL.

REFERENCES: (A) PUBLIC LAW 247, 77TH CONGRESS, APPROVED AUG. 25, 1941. (B) PUBLIC LAW 287, 77TH CONGRESS, APPROVED OCT. 30, 1941. (C) PUBLIC LAW 408, 77TH CONGRESS, APPROVED JAN. 20, 1942.

1. THE ABOVE CITED ACTS OF CONGRESS PROVIDE FOR TRANSPORTATION FOR DEPENDENTS OF RETIRED AND RESERVE PERSONNEL WHEN ORDERED TO ACTIVE DUTY. IT IS NOT SPECIFICALLY STATED FROM WHAT POINTS AND UNDER WHAT CONDITIONS WITH REGARD TO RECEIPT OF ORDERS TRANSPORTATION MAY BE FURNISHED, ALTHOUGH THERE APPEARS TO BE NO DOUBT THAT TRANSPORTATION MAY BE FURNISHED FROM THE HOMES OF PERSONNEL WHEN THE DEPENDENTS ARE LOCATED AND ORDERS ARE RECEIVED BY PERSONNEL AT THEIR HOMES. THERE IS A DOUBT, HOWEVER, AS TO WHAT BEARING THE RECEIPT OF ORDERS AND ENLISTMENT OR ASSIGNMENT TO ACTIVE DUTY AT OTHER PLACES MAY HAVE, AS IN THE FOLLOWING EXAMPLES:

(A) AN OFFICER WHOSE HOME IS AT HOUSTON, TEXAS, AND WHOSE COMMISSION IS ADDRESSED TO HIM AT THAT PLACE, IS LOCATED AT SAN DIEGO, CALIFORNIA, WHEN HE RECEIVES ORDERS ADDRESSED TO HIM AT THAT PLACE ASSIGNING HIM TO ACTIVE DUTY AT THE MARINE CORPS BASE, SAN DIEGO, CALIFORNIA, SUBJECT TO PHYSICAL QUALIFICATION. HE WAS EXAMINED AND FOUND PHYSICALLY QUALIFIED AT SAN DIEGO AND REPORTED FOR ACTIVE DUTY IN ACCORDANCE WITH HIS ORDERS. TRANSPORTATION AUTHORIZED FOR DEPENDENTS FROM HOUSTON, TEXAS, WHERE THEY WERE LOCATED ON RECEIPT OF ORDERS, TO SAN DIEGO, CALIFORNIA, NOTWITHSTANDING THAT THE OFFICER WAS NOT PLACED IN AN ACTIVE STATUS UNTIL AFTER HIS ARRIVAL AT HIS STATION OF DUTY?

(B) A CLASS IV RESERVIST WHOSE HOME IS AT ST. PETERSBURG, FLORIDA, ENLISTS AT ORLANDO, FLORIDA, AND IS ORDERED TO ACTIVE DUTY AT THE MARINE BARRACKS, NAVAL AIR STATION, JACKSONVILLE, FLORIDA. IS TRANSPORTATION FOR DEPENDENTS AUTHORIZED FROM THE HOME IN ST. PETERSBURG, FLORIDA, TO JACKSONVILLE, FLORIDA, OR IS THE RIGHT TO TRANSPORTATION LIMITED TO THE COST FROM ORLANDO, FLORIDA, THE PLACE OF ENLISTMENT TO JACKSONVILLE, FLORIDA, THE STATION OF DUTY?

(C) A CLASS IV RESERVIST WHOSE PERMANENT HOME IS IN BALTIMORE, MARYLAND, BUT WHO IS TEMPORARILY RESIDING IN DELAND, FLORIDA, ENLISTS AT ORLANDO, FLORIDA, AND IS ORDERED TO ACTIVE DUTY AT THE MARINE BARRACKS, NAVAL AIR STATION, JACKSONVILLE, FLORIDA. IS TRANSPORTATION FOR DEPENDENTS AUTHORIZED FROM THE PERMANENT HOME IN BALTIMORE, MARYLAND, OR FROM THE TEMPORARY RESIDENCE IN DELAND, FLORIDA, OR ONLY FROM ORLANDO, THE PLACE OF ENLISTMENT, TO JACKSONVILLE, THE STATION OF DUTY?

2. IT IS ACCORDINGLY REQUESTED THAT THE MATTER BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION AS TO WHAT TRANSPORTATION MAY BE FURNISHED AT GOVERNMENT EXPENSE UNDER THE ABOVE CONDITIONS.

PUBLIC LAW 247, APPROVED AUGUST 25, 1941 ( FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1942), MAKES ADDITIONAL APPROPRIATIONS FOR THE FISCAL YEAR 1942, AND UNDER THE HEADING " GENERAL EXPENSES, MARINE CORPS" CONTAINS A PROVISION AS FOLLOWS (55 STAT. 680):

* * * TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND OF RETIRED AND RESERVE ENLISTED MEN (OF THE GRADES ENTITLED TO TRANSPORTATION OF DEPENDENTS IN THE REGULAR MARINE CORPS) WHEN ORDERED TO ACTIVE DUTY (OTHER THAN TRAINING) AND UPON RELEASE THEREFROM.

PUBLIC LAW 408, APPROVED JANUARY 20, 1942, 56 STAT. 10, CREATES AND ESTABLISHES AS A PART OF THE MARINE CORPS RESERVE A CLASS TO BE KNOWN AS THE LIMITED SERVICE MARINE CORPS RESERVE ( CLASS IV) FOR DUTY AS GUARDS AT NAVAL SHORE ACTIVITIES WITHIN THE CONTINENTAL UNITED STATES, AND CONTAINS A PROVISO AS FOLLOWS.

THAT ALL ENLISTED MEN OF THE LIMITED SERVICE MARINE CORPS RESERVE SHALL BE ENTITLED TO ALLOWANCES FOR QUARTERS AND SUBSISTENCE AND TO TRANSPORTATION OF DEPENDENTS AND OF HOUSEHOLD EFFECTS IN THE SAME MANNER AND UNDER LIKE CONDITIONS AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED FOR ENLISTED MEN OF THE FIRST THREE PAY GRADES OF THE MARINE CORPS RESERVE.

WHEN AN OFFICER OR ENLISTED MAN OF THE NAVAL RESERVE OR MARINE CORPS RESERVE IS ORDERED TO ACTIVE DUTY HE IS ENTITLED TO MILEAGE OR TRANSPORTATION IN CONNECTION WITH HIS PERSONAL TRAVEL FROM HIS HOME OF RECORD TO HIS ACTIVE-DUTY STATION, PROVIDED HE IS AT HIS HOME WHEN HE RECEIVES HIS ACTIVE-DUTY ORDERS AND REPORTS FOR ACTIVE DUTY UNDER THE ORDERS. BUT UPON HIS ENTRY INTO THE NAVAL OR MARINE CORPS RESERVE THE PLACE DESIGNATED AS HIS HOME IS BASED ON HIS REPRESENTATIONS. WHERE HE IS NOT AT THE PLACE DESIGNATED AS HIS HOME WHEN APPOINTED OR ENLISTED IN THE RESERVE AND HE IS IMMEDIATELY PLACED ON ACTIVE DUTY, THE PLACE WHERE HE WAS WHEN ACCEPTED FOR APPOINTMENT OR ENLISTMENT IS THE PLACE FROM WHICH HE IS ENTITLED TO TRANSPORTATION. IT WOULD NOT APPEAR THAT THE STATUTORY PROVISIONS FOR TRANSPORTATION OF THE DEPENDENTS OF RESERVE PERSONNEL TO THE ACTIVE DUTY STATIONS OF SUCH PERSONNEL WERE INTENDED AS AUTHORIZING TRANSPORTATION FOR DEPENDENTS FROM ANY GREATER DISTANCE THAN THE DISTANCE FROM WHICH THE OFFICER OR MAN IS ENTITLED TO MILEAGE OR TRANSPORTATION ON ACCOUNT OF HIS OWN TRAVEL IN REPORTING TO ACTIVE DUTY. THE RULE IS THAT ON SEPARATION FROM THE SERVICE, OFFICERS OF THE ARMY ARE ENTITLED TO TRAVEL ALLOWANCE UNDER THE ACT OF MARCH 2, 1901, 31 STAT. 902, TO THE PLACE OF RESIDENCE AT THE TIME OF APPOINTMENT, AND THE PLACE OF ACCEPTANCE OF COMMISSION IS THE PLACE OF RESIDENCE. 25 COMP. DEC. 860. AN ENLISTED MAN IS ENTITLED TO TRAVEL ALLOWANCE TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT.

ACCORDINGLY, THE OFFICER IN EXAMPLE (A) IS NOT ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS FROM HOUSTON, TEX., TO SAN DIEGO, CALIF.

ASSUMING THAT THE CLASS IV RESERVIST REFERRED TO IN EXAMPLE (B) WAS AT ORLANDO, FLA., WHEN HE RECEIVED THE ORDERS ASSIGNING HIM TO ACTIVE DUTY AT THE MARINE BARRACKS, NAVAL AIR STATION, JACKSONVILLE, FLA., TRANSPORTATION FOR HIS DEPENDENTS IS LIMITED TO THE COST FROM ORLANDO TO JACKSONVILLE.

THE COMMANDANT'S LETTER DOES NOT SHOW THE LOCATION OF THE DEPENDENTS OF THE CLASS IV RESERVIST REFERRED TO IN EXAMPLE (C) AT THE TIME THE SAID RESERVIST ENLISTED AND WAS ORDERED TO ACTIVE DUTY, BUT IRRESPECTIVE OF THE FACT WHEN HE ENLISTED AND RECEIVED THE ACTIVE-DUTY ORDERS AT ORLANDO, FLA., TRANSPORTATION FOR THE DEPENDENTS IS AUTHORIZED FROM WHERE THE DEPENDENTS ARE NOT EXCEEDING THE COST FROM ORLANDO TO JACKSONVILLE.