B-26126, JUNE 4, 1942, 21 COMP. GEN. 1090

B-26126: Jun 4, 1942

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AUTHORIZING CERTAIN TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF PERSONS ON ACTIVE DUTY WHO ARE REPORTED AS INJURED. WAS TO PROVIDE FOR CERTAIN SITUATIONS ARISING FROM MILITARY OR NAVAL OPERATIONS INCIDENT TO ACTUAL WARFARE. THERE IS NO AUTHORITY UNDER SAID SECTION FOR THE MOVEMENT OF DEPENDENTS. OF A NAVY OFFICER WHO WAS KILLED WHILE ON TEMPORARY DUTY PERFORMING OFFICIAL TRAVEL WITHIN THE UNITED STATES BY COMMERCIAL AIRCRAFT INCIDENT TO HIS REGULAR DUTIES IN THE NAVY DEPARTMENT AT WASHINGTON. PROVIDES: "THE DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF ANY PERSON ON ACTIVE DUTY (WITHOUT REGARD TO PAY GRADE) WHO IS OFFICIALLY REPORTED AS INJURED. WHERE THE DEATH OCCURRED ON AN OVERSEAS STATION AT WHICH THE OFFICER OR ENLISTED MAN WAS OFFICIALLY STATIONED AND WHERE HIS DEPENDENTS WERE ALSO LOCATED AT THE SAME STATION.

B-26126, JUNE 4, 1942, 21 COMP. GEN. 1090

TRANSPORTATION - DEPENDENTS, HOUSEHOLD EFFECTS, ETC., OF SERVICE PERSONNEL INJURED, KILLED, ETC., IN MILITARY OR NAVAL OPERATIONS THE INTENT AND PURPOSE OF SECTION 12 OF THE ACT OF MARCH 7, 1942, AUTHORIZING CERTAIN TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF PERSONS ON ACTIVE DUTY WHO ARE REPORTED AS INJURED, DEAD, MISSING AS THE RESULT OF MILITARY OR NAVAL OPERATIONS, ETC; WAS TO PROVIDE FOR CERTAIN SITUATIONS ARISING FROM MILITARY OR NAVAL OPERATIONS INCIDENT TO ACTUAL WARFARE, AND, THEREFORE, THERE IS NO AUTHORITY UNDER SAID SECTION FOR THE MOVEMENT OF DEPENDENTS, ETC., OF A NAVY OFFICER WHO WAS KILLED WHILE ON TEMPORARY DUTY PERFORMING OFFICIAL TRAVEL WITHIN THE UNITED STATES BY COMMERCIAL AIRCRAFT INCIDENT TO HIS REGULAR DUTIES IN THE NAVY DEPARTMENT AT WASHINGTON.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JUNE 4, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 16, 1942, FILE JAG:K:WJG:WI, SO-32662, AS FOLLOWS:

SECTION 12 OF THE ACT APPROVED MARCH 7, 1942 ( PUBLIC LAW 490--- 77TH CONGRESS), PROVIDES:

"THE DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF ANY PERSON ON ACTIVE DUTY (WITHOUT REGARD TO PAY GRADE) WHO IS OFFICIALLY REPORTED AS INJURED, DEAD, MISSING AS THE RESULT OF MILITARY OR NAVAL OPERATIONS, INTERNED IN A NEUTRAL COUNTRY, OR CAPTURED BY THE ENEMY, MAY BE MOVED (INCLUDING PACKING AND UNPACKING OF HOUSEHOLD EFFECTS) TO THE OFFICIAL RESIDENCE OF RECORD FOR ANY SUCH PERSON, OR, UPON APPLICATION BY SUCH DEPENDENTS, TO SUCH OTHER LOCATIONS AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED OR BY SUCH PERSON AS HE MAY DESIGNATE, BY THE USE OF EITHER COMMERCIAL OR GOVERNMENT TRANSPORTATION: PROVIDED, THAT THE COST OF SUCH TRANSPORTATION, INCLUDING PACKING AND UNPACKING, SHALL BE CHARGED AGAINST APPROPRIATIONS CURRENTLY AVAILABLE.'

PRIOR TO MARCH 7, 1942, NO AUTHORITY EXISTED FOR TRANSPORTATION AT PUBLIC EXPENSE OF DEPENDENTS INCIDENT TO THE DEATH OF AN OFFICER OR ENLISTED MAN, EXCEPT AS PERMITTED UNDER THE COMPTROLLER GENERAL'S DECISION A-24108 OF SEPTEMBER 19, 1928, WHERE THE DEATH OCCURRED ON AN OVERSEAS STATION AT WHICH THE OFFICER OR ENLISTED MAN WAS OFFICIALLY STATIONED AND WHERE HIS DEPENDENTS WERE ALSO LOCATED AT THE SAME STATION.

THE NAVY DEPARTMENT HAS BEFORE IT THE QUESTION WHETHER OR NOT TRANSPORTATION OF DEPENDENTS WOULD BE AUTHORIZED AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF SECTION 12 OF THE ACT OF MARCH 7, 1942, IN A CASE WHERE THE OFFICER OR ENLISTED MAN CONCERNED WAS KILLED WHILE TRAVELING BY COMMON CARRIER UNDER OFFICIAL ORDERS. THE CASE IN QUESTION IS THAT OF COMMANDER JOHN G. BURROW, U.S. NAVY, WHO WAS KILLED IN A CRASH OF A COMMERCIAL PLANE AT SALT LAKE CITY, UTAH, ON MAY 1, 1942, WHILE PERFORMING TRAVEL UNDER ORDERS, COPY ENCLOSED, DATED APRIL 27, 1942. IN THIS CASE THE DEPENDENT WIFE DESIRES TRANSPORTATION FROM WASHINGTON, D.C., TO THE WEST COAST.

IT WOULD APPEAR THAT ANY OFFICER OR ENLISTED MAN TRAVELING UNDER COMPETENT ORDERS IS ENGAGED IN MILITARY OR NAVAL OPERATIONS AND THAT, IF DEATH OCCURS WHILE SO TRAVELING, THE PROVISIONS OF SECTION 12 OF THE ACT OF MARCH 7, 1942, WOULD BE APPLICABLE.

YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT, WHERE DEATH OCCURS IN THE MANNER REFERRED TO ABOVE, THE CASE MAY BE CONSIDERED AS COMING WITHIN THE TERMS OF SECTION 12 OF THE ACT OF MARCH 7, 1942, SO AS TO PERMIT EXPENDITURES FROM CURRENT NAVAL APPROPRIATIONS FOR COST OF TRANSPORTATION OF DEPENDENTS AS PROVIDED IN SAID SECTION 12.

THE REFERRED-TO ORDERS, DATED APRIL 27, 1942, ARE AS FOLLOWS:

FROM: THE CHIEF OF THE BUREAU OF NAVIGATION.

TO: COMMANDER JOHN G. BURROW, U.S.N., BUREAU OF NAVIGATION, NAVY DEPARTMENT.

SUBJECT: TEMPORARY ADDITIONAL DUTY.

1. ON OR ABOUT APRIL 26, 1942, YOU WILL PROCEED TO SAN FRANCISCO, CALIF., VIA COMMERCIAL AIRCRAFT AND REPORT TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, AND THENCE PROCEED TO SUCH OTHER PLACE OR PLACES AS MAY BE NECESSARY FOR TEMPORARY DUTY IN CONNECTION WITH THE INSPECTION OF PROPOSED SITES.

2. THIS IS IN ADDITION TO YOUR PRESENT DUTIES AND UPON THE COMPLETION THEREOF, YOU WILL RETURN TO WASHINGTON, D.C., VIA COMMERCIAL AIRCRAFT, AND RESUME YOUR REGULAR DUTIES.

3. WHILE INSPECTING PROPOSED SITES THE USE OF COMMERCIAL TRANSPORTATION, INCLUDING AIR, OR NAVAL AIRCRAFT, IS AUTHORIZED.

4. UPON ARRIVAL AT SUCH PLACE WHERE COMMERCIAL CARRIER OR GOVERNMENT TRANSPORTATION IS NOT AVAILABLE, YOU ARE AUTHORIZED TO HIRE SUCH PRIVATE CONVEYANCE AS MAY BE NECESSARY FOR THE TRANSPORTATION OF YOURSELF AND THE OFFICER ACCOMPANYING YOU. THE COST OF THIS TRAVEL IS CHARGEABLE TO " PAY, SUBSISTENCE AND TRANSPORTATION," AND EXPENDITURE COVERED BY A PUBLIC VOUCHER A COPY TO BE FORWARDED TO THE BUREAU OF NAVIGATION.

5. A PER DIEM OF $6.00 IN LIEU OF ACTUAL AND NECESSARY TRAVEL EXPENSES WILL BE ALLOWED WHILE IN AN AIR TRAVEL STATUS DURING YOUR ABSENCE FROM YOUR STATION.

RANDALL JACOBS.

SECTION 12 OF THE ACT, 56 STAT. 146, AS QUOTED, DOES NOT APPEAR IN THE BILL H.R. 6446, 77TH CONGRESS, AS PASSED BY THE HOUSE OF REPRESENTATIVES, BUT WAS INSERTED AS SECTION 11 IN THE AMENDMENT OF THE BILL IN THE SENATE AS FOLLOWS:

THE DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF ANY PERSON DEFINED IN SECTION 1 OF THIS ACT (WITHOUT REGARD TO PAY GRADE) WHO IS OFFICIALLY REPORTED AS INJURED, DEAD, MISSING AS THE RESULT OF MILITARY OR NAVAL OPERATIONS, INTERNED IN A NEUTRAL COUNTRY, OR CAPTURED BY THE ENEMY, MAY BE MOVED (INCLUDING PACKING AND UNPACKING OF HOUSEHOLD EFFECTS) TO THE OFFICIAL RESIDENCE OF RECORD FOR ANY SUCH PERSON, OR, UPON APPLICATION BY SUCH DEPENDENTS, TO SUCH OTHER LOCATIONS AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED OR BY SUCH PERSON AS HE MAY DESIGNATE, BY THE USE OF EITHER COMMERCIAL OR GOVERNMENT TRANSPORTATION: PROVIDED, THAT THE COST OF SUCH TRANSPORTATION, INCLUDING PACKING AND UNPACKING, SHALL BE CHARGED AGAINST APPROPRIATIONS CURRENTLY AVAILABLE.

IN EXPLAINING THIS AMENDMENT, IT WAS STATED, IN SENATE REPORT NO. 1060 TO ACCOMPANY H.R. 6446, AS FOLLOWS:

SECTION 11 PROVIDES THAT DEPENDENTS, AND HOUSEHOLD AND PERSONAL EFFECTS (INCLUDING PACKING AND UNPACKING), OF ANY PERSON DEFINED IN SECTION 1 OF THE ACT, WITHOUT REGARD TO PAY GRADE, WHO IS OFFICIALLY REPORTED AS INJURED, DEAD, MISSING AS A RESULT OF MILITARY OR NAVAL OPERATIONS, INTERNED IN A NEUTRAL COUNTRY OR CAPTURED BY THE ENEMY MAY BE MOVED TO SUCH LOCATIONS AS THE HEAD OF THE DEPARTMENT CONCERNED MAY DETERMINE BY THE USE OF EITHER GOVERNMENT OR COMMERCIAL TRANSPORTATION. IT ALSO PROVIDES THAT THE COST OF SUCH TRANSPORTATION SHALL BE CHARGED AGAINST APPROPRIATIONS CURRENTLY AVAILABLE.

THE MAJOR CHANGES MADE IN THE BILL BY THE COMMITTEE ARE AS FOLLOWS:

(D) IT PROVIDES THAT DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF PERSONS KILLED OR MISSING IN ACTION AS A RESULT OF MILITARY OR NAVAL OPERATIONS MAY BE MOVED AT GOVERNMENT EXPENSE TO SUCH LOCATIONS AS THE HEAD OF THE DEPARTMENT CONCERNED MAY CONSIDER NECESSARY.

SECTION 1 OF THE ACT 56 STAT. 143, IS, IN PART, AS FOLLOWS:

THAT FOR THE PURPOSE OF THIS ACT---

(A) THE TERM "PERSONS" MEANS (1) COMMISSIONED OFFICER, WARRANT OFFICER, ENLISTED PERSON (INCLUDING PERSONS SELECTED UNDER THE SELECTIVE TRAINING AND SERVICE ACT, AS AMENDED), MEMBER OF THE ARMY OR NAVY NURSE CORPS (FEMALE), WHEREVER SERVING; (2) COMMISSIONED OFFICER OF THE COAST AND GEODETIC SURVEY OR THE PUBLIC HEALTH SERVICE; AND (3) CIVILIAN OFFICERS AND EMPLOYEES OF DEPARTMENTS, DURING SUCH TIME AS THEY MAY BE ASSIGNED FOR DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA;

(B) THE TERM "ACTIVE SERVICE" MEANS ACTIVE SERVICE IN THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD OF THE UNITED STATES, INCLUDING ACTIVE FEDERAL SERVICE PERFORMED BY PERSONNEL OF THE RETIRED AND RESERVE COMPONENTS OF THESE FORCES, THE COAST AND GEODETIC SURVEY, THE PUBLIC HEALTH SERVICE, AND ACTIVE FEDERAL SERVICE PERFORMED BY THE CIVILIAN OFFICERS AND EMPLOYEES DEFINED IN PARAGRAPH (A) (3) ABOVE;

SECTION 12 WAS CHANGED IN CONFERENCE TO THE FORM IN WHICH IT APPEARS IN THE ENACTMENT, AS QUOTED IN YOUR LETTER, SEE HOUSE REPORT NO. 1832, FEBRUARY 26, 1942, PAGE 4.

SO FAR AS HERE MATERIAL THE SECTION IS APPLICABLE TO "ANY PERSON ON ACTIVE DUTY (WITHOUT REGARD TO PAY GRADE) WHO IS REPORTED AS INJURED, DEAD, MISSING AS A RESULT OF MILITARY OR NAVAL RATIONS.' THE SENATE COMMITTEE'S EXPLANATION OF ITS PURPOSE IN THE AMENDMENT WAS THAT IT WAS TO PROVIDE FOR THE MOVEMENT OF THE DEPENDENTS, HOUSEHOLD GOODS AND PERSONAL EFFECTS "OF PERSONS KILLED OR MISSING IN ACTION AS A RESULT OF MILITARY OR NAVAL OPERATIONS.'

YOU ASK, BROADLY, WHETHER IT IS APPLICABLE "IN A CASE WHERE THE OFFICER OR ENLISTED MAN CONCERNED WAS KILLED WHILE TRAVELING BY COMMON CARRIER UNDER OFFICIAL ORDERS.' IT IS POSSIBLE, IN SOME CIRCUMSTANCES, SUCH A CASE MIGHT FALL WITHIN THE SECTION; BUT YOU HAVE SUBMITTED THE CASE OF AN OFFICER WHO, ACCORDING TO THE COPY OF THE ORDERS FURNISHED, WAS ON DUTY IN THE BUREAU OF NAVIGATION OF THE NAVY DEPARTMENT AT WASHINGTON AND WHO WAS DIRECTED TO TRAVEL BY COMMERCIAL AIRCRAFT WITHIN THE UNITED STATES FOR THE PURPOSE OF INSPECTION OF "PROPOSED SITES," THE DUTY TO BE IN ADDITION TO HIS THEN PRESENT DUTIES AND UPON COMPLETION HE WAS DIRECTED TO RETURN TO WASHINGTON AND RESUME HIS REGULAR DUTIES. THE REPORT OF THE COMMITTEE SHOWS THAT THE LEGISLATION HERE INVOLVED WAS INTENDED TO PROVIDE FOR CERTAIN SITUATIONS ARISING FROM WARLIKE ACTIVITIES. THE TRAVEL OF COMMANDER BURROW WAS WITHIN THE UNITED STATES AND WAS IN CONNECTION WITH THE ADMINISTRATION OF THE NAVY DEPARTMENT AT WASHINGTON. TO GIVE THE TERM THE MEANING YOU HAVE SUGGESTED NECESSARILY WOULD INCLUDE, ALSO, ANY OTHER ACTIVITIES PERFORMED BY AN OFFICER OR AN ENLISTED MAN IN THE ADMINISTRATION OF THE NAVY DEPARTMENT AT WASHINGTON. NEITHER THE LANGUAGE OF THE SECTION NOR THE REPORT OF THE COMMITTEE SUGGESTS SUCH A GRANT WAS CONTEMPLATED. THE WHOLE PURPOSE OF THE ACT WAS WITH RESPECT TO PERSONS ENGAGED IN MILITARY OR NAVAL OPERATIONS INCIDENT TO ACTUAL WARFARE AND, THEREFORE, THE SECTION DOES NOT INCLUDE OR PROVIDE FOR THE MOVEMENT OF THE DEPENDENTS OR HOUSEHOLD GOODS AND PERSONAL EFFECTS OF A PERSON OTHERWISE WITHIN THE SECTION ASSIGNED TO DUTY IN THE NAVY DEPARTMENT AT WASHINGTON, WHO IN THE COURSE OF THE PERFORMANCE OF HIS DUTIES (INCLUDING TRAVEL WITHIN THE UNITED STATES UNDER OFFICIAL ORDERS IN CONNECTION WITH THOSE DUTIES IN THE NAVY DEPARTMENT) IS INJURED OR KILLED.

ACCORDINGLY, I HAVE TO ADVISE THAT THE EXPENDITURE PROPOSED IN YOUR LETTER IS NOT AUTHORIZED UNDER CURRENT NAVAL APPROPRIATIONS.