B-41227, JUNE 22, 1944, 23 COMP. GEN. 967

B-41227, JUNE 22, 1944, 23 COMP. GEN. 967

TRANSPORTATION - DEPENDENTS - REGULAR NAVY PERSONNEL TRANSFERRED TO RESERVE COMPONENT AND RELEASED FROM ACTIVE DUTY THE "HOME" TO WHICH ENLISTED MEN OF THE REGULAR NAVY TRANSFERRED TO A RESERVE COMPONENT AND SUBSEQUENTLY RELEASED FROM ACTIVE DUTY ARE ENTITLED TO TRANSPORTATION FOR DEPENDENTS AT GOVERNMENT EXPENSE, UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, IS THE HOME OR OFFICIAL RESIDENCE OF RECORD, AND WHERE THE DEPENDENTS TRAVEL TO A HOME WHICH THE MAN ELECTS UPON RELEASE FROM ACTIVE DUTY, RATHER THAN TO THE HOME OR OFFICIAL RESIDENCE OF RECORD, THE COST TO THE GOVERNMENT FOR TRANSPORTATION MAY NOT EXCEED WHAT IT WOULD HAVE COST HAD THE TRAVEL BEEN TO SUCH HOME OR OFFICIAL RESIDENCE OF RECORD.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JUNE 22, 1944:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 1, 1944, TRANSMITTING A LETTER FROM THE BUREAU OF NAVAL PERSONNEL, DATED MARCH 27, 1944, RELATIVE TO THE CLAIM OF ROBERT L. RODDOM, CHIEF STOREKEEPER, USFR, FOR REIMBURSEMENT OF TRAVEL OF HIS DEPENDENTS INCIDENT TO HIS RELEASE FROM ACTIVE DUTY SUBSEQUENT TO HIS TRANSFER TO THE FLEET RESERVE, AND REQUESTING DECISION WHETHER PERSONNEL OF THE NAVY, TRANSFERRED TO A RESERVE COMPONENT AND SUBSEQUENTLY RELEASED FROM ACTIVE DUTY, MAY ELECT THE HOME ADDRESS TO WHICH THEIR DEPENDENTS MAY PROCEED AT GOVERNMENT EXPENSE OR WHETHER SUCH TRAVEL IS AUTHORIZED ONLY TO THE OFFICIAL RESIDENCE OF RECORD AT THE TIME OF RELEASE FROM ACTIVE DUTY.

IT IS STATED IN THE SUBMISSION THAT THE ORIGINAL CORRESPONDENCE IN THE CASE, INCLUDING RODDOM'S CLAIM, IS NOT NOW AVAILABLE. HOWEVER, THE FACTS INVOLVED ARE SET OUT IN A LETTER DATED AUGUST 11, 1943, FROM THE CHIEF OF NAVAL PERSONNEL, A COPY OF WHICH WAS INCLUDED WITH THE PAPERS FORWARDED, READING AS FOLLOWS:

SUBJECT: TRANSPORTATION OF DEPENDENTS

REF: (A) PARAGRAPH 6, SECTION 12, PAY READJUSTMENT ACT OF

JUNE 16, 1942.

(B) DECISION OF THE ASSISTANT COMPTROLLER GENERAL B-29267

OF JANUARY 12, 1943.

1. REFERENCE (A) AUTHORIZES TRANSPORTATION OF DEPENDENTS OF PERSONNEL OF CERTAIN GRADES, INCLUDING MEMBERS OF THE NAVAL RESERVE, FROM HOME TO THE FIRST PERMANENT DUTY STATION WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING, AND FROM THE LAST PERMANENT DUTY STATION TO HOME WHEN RELEASED FROM ACTIVE DUTY. REFERENCE (B) HOLDS THAT THE PROVISIONS OF REFERENCE (A) APPLY TO MEN (OF PROPER RATINGS) TRANSFERRED TO THE RESERVE COMPONENTS OF THE NAVY, WHICH WOULD INCLUDE THE FLEET RESERVE.

2. THE RECORDS OF THE BUREAU SHOW THAT RODDOM, AFTER SERVING 23 YEARS AND 5 MONTHS, WAS TRANSFERRED TO THE FLEET RESERVE ON MAY 29, 1943, AND ORDERED HOME TO BE RELEASED FROM ACTIVE DUTY. IT WILL BE NOTED THAT THE ORDERS OF MAY 29, 1943, PROVIDED THAT RODDOM WOULD BE PLACED ON THE RETIRED LIST OF THE NAVY ON THE FIRST DAY OF THE MONTH FOLLOWING HIS RELEASE FROM ACTIVE DUTY. THE RETIREMENT WAS DUE TO PHYSICAL DISABILITY. IT IS CONSIDERED THAT THE TRAVEL OF DEPENDENTS WAS INCIDENT TO TRANSFER TO THE FLEET RESERVE AND SUBSEQUENT RELEASE AND NOT TO THE RETIREMENT. APPEAR, THEREFORE, THAT REFERENCE (A) APPLIES IN THIS CASE.

3. IT IS TO BE NOTED THAT REFERENCE (A) AUTHORIZES TRAVEL OF DEPENDENTS FROM AND TO THE HOME OF THE OFFICER OR MAN CONCERNED. THIS EVIDENTLY CONTEMPLATED THE OFFICER OR MAN BEING AT HOME IN THE FIRST INSTANCE AND BEING ORDERED TO ACTIVE DUTY FROM THAT PLACE. ARTICLE 2505-19 NAVY TRAVEL INSTRUCTIONS DEFINES "HOME" FOR THIS PURPOSE AS THE OFFICIAL RESIDENCE OF RECORD. THIS MEANS AT THE TIME THE PERSON IS ORDERED TO ACTIVE DUTY.

4. THE SITUATION IS DIFFERENT WITH RESPECT TO MEMBERS OF THE NAVY TRANSFERRED TO RESERVE COMPONENTS AND SUBSEQUENTLY RELEASED. IN SUCH CASES THERE IS NO "OFFICIAL RESIDENCE OF RECORD" ON WHICH TO BASE THE TRAVEL OF DEPENDENTS WHEN THE INDIVIDUAL IS RELEASED AS HE WAS NOT ORDERED TO ACTIVE DUTY FROM HIS HOME AS CONTEMPLATED BY REFERENCE (A): IN THE CASE OF RODDOM THE RECORDS SHOW HIS HOME ADDRESS AT TIME OF RELEASE AS BONHAM, TEX., AND IT WILL BE NOTED THAT THE ORDERS WERE WRITTEN ACCORDINGLY. WILL BE NOTED THAT THIS MAN AND HIS DEPENDENTS PROCEEDED FROM SAN DIEGO, CALIF., TO OGDEN, UTAH, THAT CLAIM IS SUBMITTED FOR REIMBURSEMENT FOR TRAVEL OF DEPENDENTS TO OGDEN, UTAH, WITH THE STATEMENT SUCH PLACE IS ELECTED AS HOME, AND THAT ANY ADDITIONAL TRANSPORTATION IS WAIVED.

5. IN VIEW OF THE CONDITIONS EXPLAINED IN PARAGRAPH FOUR AND SINCE RETIRED PERSONNEL ONLY HAVE THE RIGHT TO ELECT A HOME ADDRESS ON RETIREMENT FOR THE PURPOSE OF TRAVEL OF DEPENDENTS, IT IS REQUESTED THAT THIS CASE BE REFERRED TO THE COMPTROLLER GENERAL FOR DECISION AS TO WHETHER PERSONNEL OF THE NAVY TRANSFERRED TO A RESERVE COMPONENT AND SUBSEQUENTLY RELEASED MAY ELECT THE HOME ADDRESS TO WHICH THE DEPENDENTS MAY PROCEED AT GOVERNMENT EXPENSE, OR WHETHER SUCH TRAVEL IS AUTHORIZED ONLY TO THE OFFICIAL RESIDENCE OF RECORD AT TIME OF RELEASE AS PROVIDED IN REFERENCE (A) AND SUBSEQUENT INSTRUCTIONS.

PROVISION FOR THE TRANSPORTATION OF DEPENDENTS OF PERSONNEL OF THE NAVAL ESTABLISHMENT IS CURRENTLY CONTAINED IN SECTION 12 OF THE ACT OF JUNE 16, 1942, 56 STAT. 364, 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 FOR SUCH DEPENDENTS: PROVIDED, THAT FOR PERSONS IN THE NAVAL SERVICE THE TERM "PERMANENT STATION" AS USED IN THIS SECTION SHALL BE INTERPRETED TO MEAN A SHORE STATION OR THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH THE PERSON CONCERNED MAY BE ORDERED; AND A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF SUCH VESSEL SHALL BE DEEMED A CHANGE OF STATION: PROVIDED FURTHER, 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, 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: PROVIDED FURTHER, THAT THE PERSONNEL OF ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL HAVE THE BENEFIT OF ALL EXISTING LAWS APPLYING TO THE ARMY AND MARINE CORPS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS: 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.

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.

AUTHORITY FOR THE TRANSFER OF MEMBERS OF THE REGULAR NAVY TO THE FLEET RESERVE UNDER CERTAIN CONDITIONS IS VESTED IN THE SECRETARY OF THE NAVY BY THE PROVISIONS OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1175, AND SECTION 202 THEREOF, 52 STAT. 1178, PROVIDES THAT SUCH TRANSFERS SHALL BE CONCLUSIVE FOR ALL PURPOSES AND THAT ALL MEMBERS WHEN SO TRANSFERRED SHALL FROM THE DATE OF THE TRANSFER BE ENTITLED TO PAY AND ALLOWANCES IN ACCORDANCE WITH THEIR RANKS OR RATINGS AND LENGTH OF SERVICE AS DETERMINED BY THE SECRETARY OF THE NAVY. ACCORDINGLY, ON THE EFFECTIVE DATE OF RODDOM'S TRANSFER TO THE FLEET RESERVE HE BECAME ENTITLED, WHILE ON ACTIVE DUTY, TO THE PAY AND ALLOWANCES AND TRANSPORTATION OF DEPENDENTS, AUTHORIZED FOR OTHER RESERVE PERSONNEL OF THE NAVY OF EQUAL RANK OR RATING AND LENGTH OF SERVICE.

PRIOR TO THE ACT OF JUNE 16, 1942, SUPRA, AUTHORITY EXISTED FOR THE TRANSPORTATION OF DEPENDENTS OF RESERVE OFFICERS AND ENLISTED MEN OF CERTAIN GRADES WHEN ORDERED TO ACTIVE DUTY, OTHER THAN FOR TRAINING, AND UPON RELEASE THEREFROM. HOWEVER, THERE EXISTED NO EXPRESS AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE REGULAR NAVY TRANSFERRED THEREFROM TO A RESERVE COMPONENT INCIDENT TO THEIR SUBSEQUENT RELEASE FROM ACTIVE DUTY UNTIL THE INCLUSION IN SECTION 12 OF THAT ACT OF THE ABOVE-QUOTED PROVISION WHICH INCLUDES IN THE DEFINITION OF "PERMANENT CHANGE OF STATION" FOR PURPOSES OF RIGHTS TO TRANSPORTATION OF DEPENDENTS THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH TRANSFER TO A RESERVE COMPONENT, THE APPARENT PURPOSE OF THE INCLUSION THEREOF BEING TO INSURE TO PERSONNEL SO TRANSFERRED AND SUBSEQUENTLY RELEASED FROM ACTIVE DUTY THE SAME RIGHTS WITH REGARD TO TRANSPORTATION OF DEPENDENTS UPON SUCH RELEASE AS ARE AUTHORIZED FOR RESERVISTS ORDERED FROM AN INACTIVE STATUS TO ACTIVE DUTY AND SUBSEQUENTLY RELEASED THEREFROM.

IT APPEARS THAT THE DOUBT AS TO THE PLACE TO WHICH RODDOM, AS A MEMBER OF THE REGULAR NAVY TRANSFERRED TO THE FLEET RESERVE AND RELEASED FROM ACTIVE DUTY, WAS ENTITLED TO HAVE HIS DEPENDENTS TRANSPORTED IS BASED UPON THE THEORY THAT BECAUSE OF THE TRANSFER FROM THE REGULAR NAVY HE WAS NOT ORDERED FROM HIS HOME TO ACTIVE DUTY AND THAT, AS A CONSEQUENCE, THERE EXISTED NO PLACE COMPARABLE TO THE "OFFICIAL RESIDENCE OF RECORD," AS IN THE CASE OF OTHER RESERVISTS, UPON WHICH TO LIMIT TRANSPORTATION FOR DEPENDENTS INCIDENT TO HIS RELEASE FROM ACTIVE DUTY. IN DECISION DATED DECEMBER 19, 1942, 22 COMP. GEN. 555, IT WAS HELD, IN VIEW OF THE LANGUAGE CONTAINED IN SECTION 12 OF THE ACT OF JUNE 16, 1942, AUTHORIZING TRANSPORTATION OF DEPENDENTS OF A RESERVIST FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME, THAT THE HOME OF SUCH RESERVIST, FOR PURPOSES OF TRANSPORTATION OF DEPENDENTS, IS TO BE CONSIDERED THE PLACE SHOWN BY THE OFFICIAL RECORDS TO BE HIS HOME OR OFFICIAL RESIDENCE.

AS INDICATED ABOVE, THE RIGHT TO TRANSPORTATION OF DEPENDENTS INCIDENT TO RELEASE FROM ACTIVE DUTY IN THE CASE OF MEMBERS OF THE REGULAR NAVY TRANSFERRED TO A RESERVE COMPONENT AND SUBSEQUENTLY RELEASED FROM ACTIVE DUTY, UNDER THE PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 16, 1942, IS THE SAME AS THAT PROVIDED FOR OTHER RESERVISTS WHO HAVE BEEN ORDERED TO ACTIVE DUTY AND SUBSEQUENTLY RELEASED THEREFROM, I. E., FROM LAST STATION TO HOME. ACCORDINGLY, YOU ARE ADVISED THAT THERE APPEARS TO BE NO AUTHORITY OF LAW FOR PERSONNEL OF THE NAVY TRANSFERRED TO A RESERVE COMPONENT AND SUBSEQUENTLY RELEASED FROM ACTIVE DUTY TO ELECT THE HOME ADDRESS TO WHICH THEIR DEPENDENTS MAY TRAVEL AT GOVERNMENT EXPENSE. THE DEPENDENTS IN SUCH CASES TRAVEL TO A PLACE WHICH THE RESERVIST UPON RELEASE FROM ACTIVE DUTY ELECTS AS HIS HOME, SUCH PLACE BEING DIFFERENT FROM THE HOME ADDRESS OR OFFICIAL RESIDENCE OF RECORD, TRAVEL OF HIS DEPENDENTS AT GOVERNMENT EXPENSE MAY NOT EXCEED WHAT IT WOULD HAVE COST HAD THEY TRAVELED TO THE HOME ADDRESS OR OFFICIAL RESIDENCE OF RECORD.