B-35081, AUGUST 4, 1943, 23 COMP. GEN. 73

B-35081: Aug 4, 1943

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FROM LAST DUTY STATION TO HOME FOR DEPENDENTS AND HOUSEHOLD EFFECTS OF OFFICERS AND ENLISTED MEN OF THE REGULAR NAVY UPON THEIR DISCHARGE FROM THE SERVICE IS NOT AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942. ARE DISCHARGED WHILE ON ACTIVE DUTY RATHER THAN RELEASED TO AN INACTIVE STATUS. 1943: REFERENCE IS MADE TO YOUR LETTER OF JUNE 9. PARAGRAPH 6 OF SAID SECTION IS AS FOLLOWS: "THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN THIS SECTION SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY. IN A GRADE FOR WHICH THE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE. CERTAIN QUESTIONS HAVE ARISEN.

B-35081, AUGUST 4, 1943, 23 COMP. GEN. 73

TRANSPORTATION FROM LAST STATION TO HOME FOR DEPENDENTS AND HOUSEHOLD EFFECTS OF PERSONNEL OF THE REGULAR NAVY AND NAVAL RESERVE TRANSPORTATION, AT GOVERNMENT EXPENSE, FROM LAST DUTY STATION TO HOME FOR DEPENDENTS AND HOUSEHOLD EFFECTS OF OFFICERS AND ENLISTED MEN OF THE REGULAR NAVY UPON THEIR DISCHARGE FROM THE SERVICE IS NOT AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942. WHERE NAVAL RESERVISTS, INCLUDING ENLISTED RESERVISTS RETAINED ON ACTIVE DUTY BEYOND THE PERIODS OF THEIR ENLISTMENTS, ARE DISCHARGED WHILE ON ACTIVE DUTY RATHER THAN RELEASED TO AN INACTIVE STATUS, EITHER BECAUSE OF DISABILITY INCURRED IN LINE OF DUTY OR FOR OTHER REASONS NOT DUE TO THEIR OWN MISCONDUCT, SUCH DISCHARGES MAY BE CONSIDERED TANTAMOUNT TO RELEASE FROM ACTIVE DUTY SO AS TO ENTITLE THEM, IN PROPER CASES, TO THE TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD EFFECTS FROM LAST DUTY STATION TO HOME AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 IN CONNECTION WITH RELEASE FROM ACTIVE DUTY.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, AUGUST 4, 1943:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 9, 1943 ( JAG:K:WJF:HR L20 4/MM), REQUESTING DECISION ON QUESTIONS PRESENTED IN A LETTER DATED MAY 28, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, AS FOLLOWS:

1. SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, PUBLIC LAW 607, APPROVED JUNE 16, 1942, PROVIDES RIGHTS TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FOR OFFICERS AND ENLISTED MEN OF CERTAIN PAY GRADES ORDERED TO MAKE A PERMANENT CHANGE OF STATION. PARAGRAPH 6 OF SAID SECTION IS AS FOLLOWS:

"THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN THIS SECTION SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY, OF ANY OFFICER, WARRANT OFFICER, NURSE, OR ENLISTED MAN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RETIRED PERSONNEL AND MEMBERS OF THE RESERVE COMPONENTS THEREOF, IN A GRADE FOR WHICH THE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE, AND THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH RETIREMENT, RELIEF FROM ACTIVE DUTY, OR TRANSFER TO A RESERVE COMPONENT.'

2. CERTAIN QUESTIONS HAVE ARISEN, AND OTHERS ARE ANTICIPATED AS ARISING, IN CONNECTION WITH TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF PERSONNEL DISCHARGED FROM THE SERVICE. WHILE THE QUOTED PORTION OF THE STATUTE DOES NOT REFER TO DISCHARGED PERSONNEL, IT IS CLEAR THAT A DISCHARGE EFFECTS "RELIEF FROM ACTIVE DUTY," AND IT WOULD APPEAR THAT DISCHARGED PERSONNEL SHOULD BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS "FROM LAST STATION TO HOME.'

3. A CASE IN POINT IS AN APPLICATION NOW PENDING IN THE BUREAU OF SUPPLIES AND ACCOUNTS FOR TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF A CHIEF PETTY OFFICER OF THE REGULAR NAVY FROM NORFOLK, VIRGINIA, TO SALT LAKE CITY, UTAH. THIS MAN WAS ATTACHED TO A VESSEL, THE HOME YARD OF WHICH WAS NORFOLK. HE WAS DISABLED IN LINE OF DUTY, AND UPON HIS RETURN TO THE UNITED STATES WAS ORDERED TO THE NAVAL HOSPITAL, BOSTON, AND THENCE TO THE NAVAL MEDICAL CENTER, BETHESDA, AT WHICH POINT HE WAS DISCHARGED FOR DISABILITY INCURRED IN THE LINE OF DUTY. HE NOW REQUESTS TRANSPORTATION OF HIS HOUSEHOLD EFFECTS FROM NORFOLK, HIS LAST DUTY STATION, TO SALT LAKE CITY, HIS HOME.

4. A CASE WHICH IS ANTICIPATED AS ARISING INVOLVES ENLISTED MEN OF THE NAVAL RESERVE WHO ENLISTED FOR A TERM OF TWO YEARS, WITH A PROVISO THAT THEY WOULD BE RETAINED ON ACTIVE DUTY FOR THE CONTINUANCE OF THE WAR AND FOR SIX MONTHS THEREAFTER. IT IS EXPECTED THAT RESERVES MAY BE RETAINED AFTER THE EXPIRATION OF THEIR ENLISTMENTS SO THAT, WHEN THE NEED FOR THEIR SERVICES IS OVER, THEY WILL BE DISCHARGED RATHER THAN RELEASED TO AN INACTIVE STATUS.

5. ALSO, SITUATIONS MAY OCCUR WHICH WILL REQUIRE THAT OFFICERS OR ENLISTED MEN OF THE NAVAL RESERVE BE DISCHARGED, EITHER FOR DISABILITY INCURRED IN LINE OF DUTY OR FOR OTHER REASONS, NOT DUE TO THEIR OWN MISCONDUCT, WHICH WILL GIVE RISE TO CLAIMS FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS.

6. IN VIEW OF THE FOREGOING, IT IS RECOMMENDED THAT THE DECISION OF THE COMPTROLLER GENERAL BE REQUESTED AS TO WHETHER A DISCHARGE FOR REASONS OTHER THAN THE MISCONDUCT OF THE PERSON DISCHARGED MAY BE REGARDED AS "RELIEF FROM ACTIVE DUTY" SO AS TO ENTITLE DISCHARGED PERSONNEL TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM LAST DUTY STATION TO HOME.

THE ACT OF JUNE 16, 1942, 56 STAT. 359, MAKES NO CHANGE IN EXISTING LAWS GOVERNING THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF PERSONNEL OF THE NAVY, THE FIFTH PARAGRAPH OF SECTION 12 OF THE ACT, 56 STAT. 364, CONTINUING IN EFFECT BENEFITS PREVIOUSLY AUTHORIZED. A MEMBER OF THE REGULAR NAVY IS NOT ENTITLED, UPON DISCHARGE, TO SHIPMENT OF HIS EFFECTS AT GOVERNMENT EXPENSE FROM LAST STATION TO HIS HOME. PROVISION IS CONTAINED IN SECTION 1 (I) OF ARTICLE 1871, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, FOR THE SHIPMENT OF HOUSEHOLD EFFECTS OF PERSONNEL OF THE NAVAL RESERVE UPON RECEIPT OF ORDERS TO OR FROM ACTIVE DUTY OTHER THAN FOR TRAINING. WHEN, THEREFORE, MEMBERS OF THE NAVAL RESERVE ARE RELEASED FROM ACTIVE DUTY, OTHER THAN TRAINING DUTY, THEY ARE, SUBJECT TO PRESCRIBED WEIGHT ALLOWANCES, ENTITLED TO THE SHIPMENT OF THEIR HOUSEHOLD EFFECTS FROM LAST STATION TO HOME AS FOR A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF THE PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 16, 1942.

THE EFFECT OF THE QUOTED SIXTH PARAGRAPH OF SECTION 12 OF THE ACT OF JUNE 16, 1942, AS TO RIGHTS OF OFFICERS AND ENLISTED MEN TO TRANSPORTATION OF THEIR DEPENDENTS, WAS CONSIDERED IN DECISION OF JANUARY 12, 1943, 22 COMP. GEN. 645, AND IT WAS THEREIN HELD THAT SUCH PROVISION MERELY DEFINED THE WORDS "PERMANENT CHANGE OF STATION" AS THAT TERM IS USED IN PARAGRAPH 5 OF SECTION 12, AND THAT IT DID NOT EXTEND SUCH BENEFITS TO OTHER THAN THOSE PERSONS ENTITLED TO TRANSPORTATION FOR DEPENDENTS UNDER PRIOR LAWS. HAS BEEN HELD THAT THE PROVISION DOES NOT AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FROM HOME TO FIRST DUTY STATION FOR DEPENDENTS OF OFFICERS OF THE REGULAR ARMY APPOINTED FROM CIVIL LIFE. 22 COMP. GEN. 885. SIMILARLY, IT DOES NOT AUTHORIZE TRANSPORTATION FOR DEPENDENTS OF OFFICERS AND ENLISTED MEN OF THE REGULAR SERVICES UPON THEIR DISCHARGE FROM THE SERVICE.

TRANSPORTATION AT GOVERNMENT EXPENSE OF THE DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND ENLISTED MEN OF THE NAVAL SERVICE WHEN ORDERED TO ACTIVE DUTY OR UPON RELEASE THEREFROM WAS FIRST PROVIDED IN TITLE II OF THE FOURTH SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1941, APPROVED MARCH 17, 1941, 55 STAT. 34, 35, AS FOLLOWS:

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

SIMILAR PROVISIONS ARE CONTAINED IN THE NAVAL APPROPRIATIONS ACTS FOR 1942, 55 STAT. 151, 160, AND 1943, 56 STAT. 53, 63. THE AUTHORIZATION CONTAINED IN THE SIXTH PARAGRAPH OF SECTION 12 OF THE ACT OF JUNE 16, 1942, GOES NO FURTHER THAN TO CONTINUE THE AUTHORIZATION CONTAINED IN THE CITED APPROPRIATION ACTS RESPECTING THE TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND ENLISTED MEN OF THE NAVAL SERVICE, I.E., TRANSPORTATION OF THEIR DEPENDENTS WHEN ORDERED TO ACTIVE DUTY (OTHER THAN TRAINING) AND UPON RELEASE THEREFROM.

THE LANGUAGE OF THE AUTHORIZATION FOR TRANSPORTATION OF DEPENDENTS OF RESERVE OFFICERS AND ENLISTED MEN UPON RELEASE FROM ACTIVE DUTY, FAIRLY CONSTRUED, CONTEMPLATES A CONTINUATION OF SUCH PERSONNEL AS MEMBERS OF THE NAVAL RESERVE UPON BEING SO RELEASED. HOWEVER, IN DECISION OF JULY 13, 1942, 22 COMP. GEN. 30, THERE WAS CONSIDERED THE QUESTION AS TO WHETHER AN ENLISTED MEMBER OF THE NAVAL RESERVE WAS ENTITLED TO THE TRANSPORTATION OF HIS DEPENDENTS FROM HIS LAST DUTY STATION TO HIS HOME UNDER ORDERS CONCURRENTLY RELEASING HIM FROM ACTIVE DUTY AND DISCHARGING HIM FROM THE NAVAL RESERVE BECAUSE OF PHYSICAL DISABILITY NOT THE RESULT OF HIS OWN MISCONDUCT, AND IT WAS HELD THAT THE FACT THAT SUCH DISCHARGE WAS NOT PRECEDED BY A RELEASE FROM ACTIVE DUTY SHOULD NOT DEPRIVE SUCH MEMBER, OTHERWISE WITHIN THE STATUTE, OF THE BENEFITS INTENDED TO BE GIVEN, PROVIDED THE TRAVEL OF THE DEPENDENT IS PERFORMED WITHIN A REASONABLE TIME AFTER THE SEPARATION FROM THE NAVAL RESERVE. THOSE MEMBERS OF THE NAVAL RESERVE WHO ENLISTED FOR A TERM OF TWO YEARS WITH THE PROVISO THAT THEY WOULD BE RETAINED ON ACTIVE DUTY FOR THE CONTINUANCE OF THE WAR AND FOR SIX MONTHS THEREAFTER WOULD, IF RELEASED FROM ACTIVE DUTY, BE ENTITLED TO THE TRANSPORTATION OF THEIR DEPENDENTS INCIDENT TO SUCH RELEASE, IF ABOVE THE FOURTH GRADE, AND THE FACT THAT THEY ARE RETAINED ON ACTIVE DUTY BEYOND THE SPECIFIED ENLISTMENT PERIOD AND ARE DISCHARGED THEREAFTER WOULD NOT DEPRIVE THEM OF THE RIGHT TO THE TRANSPORTATION OF THEIR DEPENDENTS UPON SUCH DISCHARGE.

IF, THEREFORE, OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE ARE DISCHARGED WHILE SERVING ON ACTIVE DUTY, EITHER BECAUSE OF DISABILITY INCURRED IN LINE OF DUTY OR FOR OTHER REASONS NOT DUE TO THEIR OWN MISCONDUCT, OR ENLISTED MEN OF THE NAVAL RESERVE ARE RETAINED ON ACTIVE DUTY BEYOND THE NORMAL TERMINATION OF THEIR ENLISTMENT PERIOD AND DISCHARGED UPON THE COMPLETION OF THE EXTENDED ACTIVE DUTY PERIOD, SUCH DISCHARGES MAY BE CONSIDERED TANTAMOUNT TO RELEASE FROM ACTIVE DUTY ENTITLING THEM, IN PROPER CASES, TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE.