B-25353, JULY 9, 1942, 22 COMP. GEN. 7

B-25353: Jul 9, 1942

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TRANSPORTATION - DEPENDENTS OF ARMY PERSONNEL ORDERED AWAY FROM UNITED STATES - ISSUANCE PROCEDURE WHERE ARMY PERSONNEL ARE ORDERED ON SHORT NOTICE AWAY FROM THE CONTINENTAL UNITED STATES DURING THE PRESENT WAR UNDER CIRCUMSTANCES MAKING IT IMPOSSIBLE FOR THE OFFICER OR MAN CONCERNED TO EXECUTE THE USUAL REQUEST AND CERTIFICATE FOR THE ISSUANCE. AS FOLLOWS: IT IS DESIRED THAT THE PROCEDURE IN CONNECTION WITH THE ISSUANCE OF TRANSPORTATION IN KIND FOR THE LAWFUL DEPENDENTS OF CERTAIN MILITARY PERSONNEL. OR ENLISTED MAN OF THE FIRST THREE GRADES OF THE ARMY IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. OR ADOPTED CHILDREN UNDER TWENTY-ONE YEARS OF AGE WHEN SUCH CHILDREN ARE IN FACT DEPENDENT UPON HIM.

B-25353, JULY 9, 1942, 22 COMP. GEN. 7

TRANSPORTATION - DEPENDENTS OF ARMY PERSONNEL ORDERED AWAY FROM UNITED STATES - ISSUANCE PROCEDURE WHERE ARMY PERSONNEL ARE ORDERED ON SHORT NOTICE AWAY FROM THE CONTINENTAL UNITED STATES DURING THE PRESENT WAR UNDER CIRCUMSTANCES MAKING IT IMPOSSIBLE FOR THE OFFICER OR MAN CONCERNED TO EXECUTE THE USUAL REQUEST AND CERTIFICATE FOR THE ISSUANCE, OF TRANSPORTATION IN KIND TO DEPENDENTS, A MODIFIED PROCEDURE--- FULLY DISCUSSED IN THE DECISION--- MAY BE ADOPTED FOR THE ISSUANCE OF SUCH TRANSPORTATION.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, JULY 9, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 13, 1942, AS FOLLOWS:

IT IS DESIRED THAT THE PROCEDURE IN CONNECTION WITH THE ISSUANCE OF TRANSPORTATION IN KIND FOR THE LAWFUL DEPENDENTS OF CERTAIN MILITARY PERSONNEL, ENTITLED THERETO, BE SIMPLIFIED.

SECTION 12 OF THE ACT OF MAY 18, 1920 (41 STAT. 604; 10 U.S.C. 756), AND RELATED ACTS, PROVIDE IN SUBSTANCE THAT WHEN AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE FIRST THREE GRADES OF THE ARMY IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND, FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY, TO HIS NEW STATION FOR HIS LAWFUL WIFE, UNMARRIED LEGITIMATE CHILDREN, STEPCHILDREN, OR ADOPTED CHILDREN UNDER TWENTY-ONE YEARS OF AGE WHEN SUCH CHILDREN ARE IN FACT DEPENDENT UPON HIM, AND THE MOTHER OF THE OFFICER WHEN SHE IS IN FACT DEPENDENT UPON HIM FOR HER CHIEF SUPPORT. THE MENTIONED SECTION ALSO PROVIDES THAT IF THE COST OF SUCH TRANSPORTATION EXCEEDS THAT FOR TRANSPORTATION FROM THE OLD TO THE NEW STATION, THE EXCESS COST SHALL BE PAID TO THE UNITED STATES BY THE OFFICER CONCERNED.

SECTION 12 OF THE ACT OF JUNE 10, 1922, AS AMENDED AND REENACTED JUNE 1, 1926 (44 STAT. 680; 37 U.S.C. 21), PROVIDES THAT IN LIEU OF THE TRANSPORTATION AUTHORIZED BY SECTION 12 OF THE ACT OF MAY 18, 1920, THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO THE COMMERCIAL COST OF SUCH TRANSPORTATION WHEN THE TRAVEL SHALL HAVE BEEN COMPLETED. BY EXECUTIVE ORDER NO. 3726, AUGUST 25, 1922, THE SECRETARY OF WAR IS AUTHORIZED TO MAKE SUCH PAYMENTS IN MONEY UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE.

BY DECISION OF THE COMPTROLLER GENERAL (A-26492, JAN. 18, 1930; 9 COMP. GEN. 299, 301), A CERTIFICATE RELATIVE TO THE DEPENDENCY OF A CHILD OR CHILDREN IS REQUIRED TO BE EXECUTED BY THE OFFICER OR NONCOMMISSIONED OFFICER CONCERNED IN CONNECTION WITH EACH ISSUANCE OF TRANSPORTATION OR EACH PAYMENT OF THE COMMERCIAL COST OF TRANSPORTATION FOR THIS CLASS OF DEPENDENTS. BEFORE THE ISSUANCE OF TRANSPORTATION IN KIND FOR DEPENDENTS, CURRENT ARMY REGULATIONS (SUBPAR. 2G, AR 30-920, OCT. 4, 1935), PROVIDE THAT THE ISSUING QUARTERMASTER WILL REQUIRE THE PERSON REQUESTING TRANSPORTATION FOR HIS DEPENDENTS TO EXECUTE AND SIGN A TRANSPORTATION CERTIFICATE FOR PASSENGER TRAVEL ( W.D., Q.M.C. FORM NO. 207), ENTERING THEREON CERTAIN PERTINENT INFORMATION. IN ADDITION, WHEN REQUESTING TRANSPORTATION FOR A DEPENDENT CHILD, CHILDREN, OR MOTHER, AN EXECUTED FORM OF THE CERTIFICATE PRESCRIBED BY THE COMPTROLLER GENERAL IN THE CASE OF A CHILD OR CHILDREN, AND AN EXECUTED STANDARD FORM NO. 1037 IN THE CASE OF A MOTHER, TOGETHER WITH A CERTIFICATE THAT THE MOTHER RESIDES WITH SAID PERSON AS A MEMBER OF HIS HOUSEHOLD AND DID SO WHEN HE MADE THE CHANGE OF STATION, ARE REQUIRED TO BE ATTACHED. ALSO, AN EXECUTED CERTIFICATE TO THE EFFECT THAT TRANSPORTATION IN KIND, OR MONETARY ALLOWANCE IN LIEU THEREOF, HAS NOT BEEN PREVIOUSLY, AND WILL NOT BE SUBSEQUENTLY, REQUESTED FOR ANY OF HIS DEPENDENTS ON THE LAST CHANGE OF STATION, EXCEPT AS STATED, MUST ACCOMPANY W.D., Q.M.C. FORM NO. 207. WHEN TRANSPORTATION IN KIND IS NOT FURNISHED AND CLAIM IS MADE FOR THE MONETARY ALLOWANCE IN LIEU THEREOF, SIMILAR CERTIFICATES MUST ACCOMPANY THE VOUCHER (1STANDARD FORM NO. 1012).

IN MANY INSTANCES THE WAR EFFORT HAS MADE IT NECESSARY FOR THE WAR DEPARTMENT TO TRANSFER OFFICERS AND ENLISTED MEN FROM THE UNITED STATES TO FOREIGN THEATERS OF OPERATION UPON VERY SHORT NOTICE. GENERALLY, FOR REASONS OF PUBLIC POLICY, DEPENDENTS ARE NOT PERMITTED TO PROCEED TO A STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. ARMY REGULATIONS (SUBPAR. 7E (3), AR 30-920, AS AMENDED BY BY W.D. CIR. NO. 96, DEC. 12, 1939), AUTHORIZE FURNISHING TRANSPORTATION IN KIND FROM THE OLD STATION TO ANY POINT, WHEN DEPENDENTS ARE NOT PERMITTED TO PROCEED TO THE NEW STATION IN AN OVERSEA DEPARTMENT, UPON DEPOSIT OF THE EXCESS COST OVER AND ABOVE THAT FROM THE OLD STATION TO THE APPROPRIATE PORT OF EMBARKATION EN ROUTE TO THE NEW STATION. IT FREQUENTLY HAPPENS THAT, IN MAKING A HURRIED DEPARTURE, THE OFFICER OR NONCOMMISSIONED OFFICER CONCERNED IS UNABLE TO EXECUTE THE CERTIFICATES NECESSARY FOR HIS DEPENDENTS TO SECURE TRANSPORTATION IN KIND TO A POINT IN THE UNITED STATES WHERE THE DEPENDENTS CAN MORE CONVENIENTLY RESIDE DURING HIS ABSENCE ON FOREIGN DUTY. INASMUCH AS MAIL TO AND FROM FOREIGN THEATERS OF OPERATION IS GREATLY DELAYED, CONSIDERABLE FINANCIAL HARDSHIP HAS BEEN IMPOSED ON THE FAMILIES OF SUCH MILITARY PERSONNEL BECAUSE OF THE DELAY IN SECURING EITHER TRANSPORTATION IN KIND OR REIMBURSEMENT OF THE COST OF TRANSPORTATION.

IN VIEW OF THE AUTHORITY VESTED IN HIM BY EXECUTIVE ORDER NO. 3726, IT IS BELIEVED THAT THE SECRETARY OF WAR MAY PRESCRIBE A SIMPLIFIED PROCEDURE IN CONNECTION WITH THE EXECUTION OF THE CERTIFICATES REQUIRED IN PAYMENT OF THE MONETARY ALLOWANCE FOR TRANSPORTATION OF DEPENDENTS. THIS WILL NOT SECURE THE DESIRED RESULTS AS PAYMENT WILL STILL DEPEND ON THE EXECUTION OF A VOUCHER BY THE OFFICER OR NONCOMMISSIONED OFFICER CONCERNED OR BY HIS ATTORNEY IN FACT UNDER A PROPER POWER OF ATTORNEY ( MS. COMP. GEN. B- 23265, FEB. 21, 1942). HOWEVER, THE SITUATION OF DEPENDENTS OF MILITARY PERSONNEL ORDERED TO FOREIGN DUTY WILL BE REMEDIED IN MOST INSTANCES IF TRANSPORTATION IN KIND MAY BE FURNISHED LAWFUL DEPENDENTS UPON REQUESTS AND CERTIFICATES NOT REQUIRING EXECUTION BY THE OFFICER OR NONCOMMISSIONED OFFICER CONCERNED.

YOUR ATTENTION IS INVITED TO THE FACT THAT THE CERTIFICATES NOW REQUIRED ARE BASED ON AN ADMINISTRATIVE RULING BY YOUR OFFICE, RATHER THAN ANY STATUTORY REQUIREMENT OF SECTION 12, ACT OF MAY 18, 1920, SUPRA, AND THAT A DETERMINATION OF THE STATUS OF A WIFE OR OTHER LAWFUL DEPENDENT, AS SUCH, FROM EVIDENCE SUBMITTED BY THEM, APPEARS TO BE WITHIN THE SPIRIT OF THE STATUTE GRANTING THE BENEFIT.

IT IS THEREFORE REQUESTED THAT YOU ADVISE THE WAR DEPARTMENT AS TO WHAT PROCEDURE AND FORM OF CERTIFICATE OR DEPENDENT'S AFFIDAVIT YOU WILL CONSIDER SUFFICIENT FOR THE ISSUANCE OF TRANSPORTATION IN KIND UNDER THE CIRCUMSTANCES HEREIN RELATED.

SINCE YOUR LETTER WAS WRITTEN, SECTION 12 OF THE ACT OF JUNE 16, 1942, PUBLIC LAW NO. 607, 56 STAT. 364, HAS REENACTED THE PROVISIONS FOR TRANSPORTATION OF DEPENDENTS IN PART AS FOLLOWS:

WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN ABOVE THE FOURTH GRADE, HAVING DEPENDENTS AS DEFINED IN SECTION 4 HEREOF, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY, THE NAVY, THE MARINE CORPS, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, AND THE PUBLIC HEALTH SERVICE TO HIS NEW STATION, THE EXCESS COST SHALL BE PAID TO THE UNITED STATES BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED: PROVIDED FURTHER, THAT TRANSPORTATION SUPPLIED THE DEPENDENTS OF SUCH OFFICER, WARRANT OFFICER, OR ENLISTED MAN, TO OR FROM STATIONS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT, IF SUCH TRANSPORTATION IS AVAILABLE AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED: * * * AND PROVIDED FURTHER, THAT IN LIEU OF TRANSPORTATION IN KIND AUTHORIZED BY THIS SECTION FOR DEPENDENTS, THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED.

SECTIONS 4 (A), (B), AND (C) OF THE ACT OF JUNE 5, 1942, PUBLIC LAW NO. 580, 56 STAT. 315, ARE AS FOLLOWS:

SEC. 4. (A) THAT ANY FUNDS AVAILABLE FOR THE PAYMENT OF TRAVEL ALLOWANCES AND TRAVEL IN KIND, SHALL BE AVAILABLE FOR THE PAYMENT OF SUCH ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED FOR DEPENDENTS OF PERSONNEL OF THE REGULAR ARMY, FOR TRAVEL OF DEPENDENTS OF PERSONNEL OF CORRESPONDING GRADES IN THE ARMY OF THE UNITED STATES WHILE IN THE SERVICE OF THE UNITED STATES, AND FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO OR RELIEVED FROM ACTIVE DUTY: PROVIDED, THAT THE PROVISIONS OF THIS SUBSECTION SHALL BE APPLICABLE TO TRAVEL PERFORMED BY DEPENDENTS ON AND AFTER SEPTEMBER 8, 1939.

(B) WHEN SUCH MILITARY PERSONNEL ARE ON DUTY AT PLACES DESIGNATED BY THE SECRETARY OF WAR AS WITHIN ZONES FROM WHICH THEIR DEPENDENTS SHOULD BE EVACUATED FOR MILITARY REASONS, OR UPON TRANSFER OR ASSIGNMENT TO DUTY OF SUCH MILITARY PERSONNEL TO PLACES WHERE THEIR DEPENDENTS ARE NOT, FOR MILITARY REASONS, PERMITTED TO ACCOMPANY THEM OR WHERE GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE NOT AVAILABLE, DEPENDENTS FOR WHOM TRAVEL ALLOWANCES AND TRAVEL IN KIND IS AUTHORIZED, AND HOUSEHOLD EFFECTS WHICH ARE AUTHORIZED TO BE MOVED AT GOVERNMENT EXPENSE, MAY BE MOVED AT GOVERNMENT EXPENSE TO SUCH LOCATIONS AS MAY BE DESIGNATED BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED AND LATER FROM SUCH LOCATIONS TO A DUTY STATION TO WHICH SUCH OFFICER, WARRANT OFFICER, OR ENLISTED MAN MAY BE ASSIGNED AND AT WHICH THE ABOVE RESTRICTIONS DO NOT APPLY: PROVIDED, THAT THE PROVISIONS OF THIS SUBSECTION SHALL BE APPLICABLE TO TRAVEL PERFORMED BY DEPENDENTS AND HOUSEHOLD EFFECTS MOVED ON AND AFTER DECEMBER 8, 1941.

(C) WHEN SUCH MILITARY PERSONNEL ARE ASSIGNED TO TEMPORARY DUTY AWAY FROM THEIR PERMANENT STATION ON ORDERS WHICH DO NOT PROVIDE FOR RETURN TO THE PERMANENT STATION, OR WHICH DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM THE PERMANENT STATION, DEPENDENTS FOR WHOM TRAVEL ALLOWANCES AND TRAVEL IN KIND ARE AUTHORIZED, AND HOUSEHOLD EFFECTS WHICH ARE AUTHORIZED TO BE MOVED AT GOVERNMENT EXPENSE ON PERMANENT CHANGE OF STATION, MAY BE MOVED AT GOVERNMENT EXPENSE TO SUCH LOCATION IN THE UNITED STATES AS MAY BE DESIGNATED BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED AND LATER FROM SUCH LOCATION TO A PERMANENT DUTY STATION TO WHICH THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN IS ASSIGNED, SUBJECT TO SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE REGARDING THE SHIPMENT OF DEPENDENTS INTO SPECIFIED ZONES: PROVIDED, THAT THE PROVISIONS OF THIS SUBSECTION SHALL BE APPLICABLE TO TRAVEL PERFORMED BY DEPENDENTS AND HOUSEHOLD EFFECTS MOVED ON AND AFTER DECEMBER 8, 1941.

THE STATUTES AS WELL AS THE PRECEDING STATUTES GAVE ONLY TO OFFICERS, WARRANT OFFICERS, OR ENLISTED MEN WITHIN THEIR TERMS A RIGHT TO TRANSPORTATION OF THEIR DEPENDENTS AS DEFINED BY THE STATUTE. IT IS, THEREFORE, AN EMOLUMENT OF THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN. TRANSPORTATION IS AUTHORIZED ONLY FOR THE DEPENDENTS AS DEFINED BY THE STATUTES. IT IS THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO HAS THE RIGHT; THE DEPENDENTS UNDER THESE LAWS CAN CLAIM NO BENEFITS ACCRUING TO THEM IN THEIR INDIVIDUAL CAPACITY. YOU SUGGEST THE REQUIREMENT OF EVIDENCE THAT THESE CONDITIONS EXIST IS CONTAINED IN "AN ADMINISTRATIVE RULING BY YOUR OFFICE RATHER THAN ANY STATUTORY REQUIREMENT.' THE UNITED STATES WILL BE REQUIRED TO PAY FOR THE TRANSPORTATION IN KIND FURNISHED BY PUBLIC CARRIERS AND WHAT EVIDENCE IS NECESSARY TO ESTABLISH THAT THE PAYMENT TO THE CARRIER IS AUTHORIZED BY LAW, SEEMS TO BE PECULIARLY WITHIN THE JURISDICTION OF THIS OFFICE, AS ONLY EXPENDITURES AUTHORIZED BY LAW ARE AUTHORIZED UNDER THE APPROPRIATION ACTS. HOWEVER, ATTENTION MAY BE CALLED TO THE FACT THAT BY WAR DEPARTMENT CIRCULAR NO. 189 OF MAY 20, 1920, IT WAS PROVIDED:

THE FOLLOWING ADDITIONS TO AND CHANGES IN PARAGRAPHS IN ARMY REGULATIONS HAVE BEEN APPROVED AND ARE PUBLISHED FOR THE INFORMATION AND GUIDANCE OF ALL CONCERNED:

1115 1/2. (NEW PARAGRAPH). WHEN COMMISSIONED OFFICERS, WARRANT OFFICERS, AND NONCOMMISSIONED OFFICERS OF THE GRADE OF COLOR SERGEANT AND ABOVE, ARE ORDERED TO MAKE A PERMANENT CHANGE OF STATION, TRANSPORTATION AND THE ACCOMMODATIONS AUTHORIZED IN PARAGRAPH 1128 WILL BE FURNISHED FOR THEIR WIVES AND DEPENDENT CHILDREN, UPON PRESENTATION OF COPY OF THE OFFICERS' CHANGE OF STATION ORDERS PROPERLY CERTIFIED BY THE OFFICERS AS TO THE NAMES, RELATIONSHIP, AND DEPENDENCY OF SUCH PERSONS INCLUDING THE AGE AND SEX OF THE CHILDREN, FROM THE OLD TO THE NEW STATION * * *. AND IT WAS STATED IN DECISION OF THE COMPTROLLER OF THE TREASURY OF JULY 21, 1920, TO THE SECRETARY OF WAR, 27 COMP. DEC. 76, THAT:

YOUR CIRCULAR ORDERS NO. 189, DATED MAY 20, 1920, ADDING TO THE ARMY REGULATIONS PARAGRAPH 1115 1/2 AND AMENDING PARAGRAPH 1128, ARE IN CONFORMITY WITH SECTION 12 OF THE ACT OF MAY 18, 1920. * * *

IF THIS IS THE "ADMINISTRATIVE RULING" TO WHICH YOU REFER, IT WILL BE OBSERVED THAT ONLY WHAT HAD BEEN PRESCRIBED BY THE WAR DEPARTMENT AS NECESSARY WAS REQUIRED.

OBVIOUSLY THERE MUST BE A SHOWING THAT AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN WITHIN THE STATUTE WAS REQUIRED TO MAKE A PERMANENT CHANGE OF STATION (UNLESS, OF COURSE, WITHIN SOME OTHER PROVISION OF LAW AS IN THE QUOTED PROVISION FROM THE ACT OF JUNE 5, 1942). IT IS NOT UNDERSTOOD THAT YOU PROPOSE THAT A SHOWING AS TO PERMANENT CHANGE OF STATION IS NOT TO BE ESTABLISHED BY THE USUAL METHODS. IT IS UNDERSTOOD THAT ORDERS OF THE CHARACTER YOU HAVE IN MIND ARE USUALLY SECRET OR CONFIDENTIAL, BUT IT IS ASSUMED YOU CONTEMPLATE THAT AT LEAST THERE SHALL BE FURNISHED A CERTIFIED EXCERPT COPY OF THE ORDER SHOWING THE PLACE AT WHICH STATIONED IN THE UNITED STATES BEFORE THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN DEPARTED, AND THAT HE OR THE UNIT TO WHICH HE IS ATTACHED, HAS BEEN ORDERED TO DUTY BEYOND THE SEAS. IT MUST ALSO BE SHOWN THAT THE PERSON OR PERSONS TO WHOM THE TRANSPORTATION REQUESTS IS OR ARE FURNISHED IS OR ARE IN FACT A DEPENDENT OR DEPENDENTS OF THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN AS LIMITED BY THE STATUTE.

HERETOFORE THE WAR DEPARTMENT AND THIS OFFICE HAVE RECOGNIZED THAT THE GRANT OF THE STATUTE WAS AN EMOLUMENT OF THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN, AND THE REQUIREMENT HAS BEEN THAT HE SHALL CERTIFY TO THESE FACTS. YOUR PRESENT INQUIRY IS WHETHER IN THE CIRCUMSTANCES YOU HAVE INDICATED SOMETHING OTHER THAN THE REQUEST AND FURNISHING TRANSPORTATION IN KIND TO HIS DEPENDENTS. WHILE THE AFFIDAVIT OF THE DEPENDENT, IF A WIFE, SHOWING HER RELATIONSHIP TO THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN AND, IF THERE ARE DEPENDENT CHILDREN, THEIR NAMES, AGES, AND RELATIONSHIP, AND THAT ALL WERE AT A PARTICULAR PLACE AT OR IN THE VICINITY OF THE STATION FROM WHICH THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN WAS RELIEVED WHEN ORDERED TO THE DUTY YOU HAVE INDICATED, WOULD BE NECESSARY, SUCH AN AFFIDAVIT ALONE WOULD NOT WARRANT THE ISSUANCE OF THE TRANSPORTATION REQUEST. IF, HOWEVER, SUCH AN AFFIDAVIT IS SUPPLEMENTED BY THE CERTIFICATE OF THE FINANCE OFFICER LAST PAYING THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN, THAT HE HAD CLAIMED ALLOWANCES FOR THE DEPENDENTS AS INDICATED IN THE AFFIDAVIT; OR, IF STATIONED AT A PERMANENT POST AND PUBLIC QUARTERS WERE ASSIGNED TO HIM, A CERTIFICATE BY THE OFFICER IN CHARGE OF THE QUARTERS WERE ASSIGNED TO HIM, A CERTIFICATE BY THE OFFICER IN CHARGE OF THE QUARTERS THAT THE QUARTERS VACATED HAD BEEN OCCUPIED BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN WITH THE DEPENDENTS AS NAMED IN THE AFFIDAVIT, TRANSPORTATION REQUEST FOR TRANSPORTATION IN KIND COULD BE FURNISHED WITH REASONABLE REGARD FOR THE LIMITS OF THE LAW.

IF, THEREFORE, A PROCEDURE SUCH AS OUTLINED HEREIN IS ADOPTED BY THE WAR DEPARTMENT, BUT ONLY AS TO OFFICERS, WARRANT OFFICERS, OR ENLISTED MEN ORDERED AWAY FROM THE CONTINENTAL UNITED STATES IN THE CIRCUMSTANCES YOU HAVE DESCRIBED DURING THE PRESENT WAR, NOTICE THEREOF SHOULD BE FURNISHED THIS OFFICE IN ORDER THAT APPROPRIATE INSTRUCTIONS MAY BE ISSUED TO THE AUDIT DIVISION.