B-44576, APRIL 16, 1945, 24 COMP. GEN. 750

B-44576: Apr 16, 1945

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A MARINE CORPS ENLISTED MAN PROMOTED WHILE OVERSEAS TO A GRADE ENTITLING HIM TO TRANSPORTATION OF DEPENDENTS IS ENTITLED. TO TRANSPORTATION OF HIS DEPENDENT WIFE TO SUCH STATION FROM THE PLACE WHERE SHE HAD BEEN LEFT OR SENT WHEN HE WAS ORDERED OVERSEAS. REIMBURSEMENT IS LIMITED TO THE COST OF THE TRANSPORTATION ACTUALLY USED. NOT TO EXCEED WHAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED TRANSPORTATION. 1945: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER. WHOSE ADDRESS STATED ON THE VOUCHER IS CARE B. SHOWS THAT WARRANT OFFICER JONES WAS DETACHED FROM PERMANENT DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND PERMANENTLY ASSIGNED TO FLEET MARINE FORCE SAN DIEGO AREA.

B-44576, APRIL 16, 1945, 24 COMP. GEN. 750

TRANSPORTATION OF DEPENDENTS - PLACE FROM WHICH ENTITLED WHERE PERSONNEL BECOME ELIGIBLE WHILE OVERSEAS UNDER THE WARTIME ACTS OF OCTOBER 14, 1942, AND NOVEMBER 28, 1943, RESPECTING THE TRANSPORTATION OF DEPENDENTS OF NAVAL PERSONNEL IN CONNECTION WITH ASSIGNMENTS TO RESTRICTED AREAS AND LATER ASSIGNMENTS TO UNRESTRICTED AREAS, ETC., A MARINE CORPS ENLISTED MAN PROMOTED WHILE OVERSEAS TO A GRADE ENTITLING HIM TO TRANSPORTATION OF DEPENDENTS IS ENTITLED, UPON RETURN TO A PERMANENT STATION IN THE UNITED STATES, TO TRANSPORTATION OF HIS DEPENDENT WIFE TO SUCH STATION FROM THE PLACE WHERE SHE HAD BEEN LEFT OR SENT WHEN HE WAS ORDERED OVERSEAS, ALTHOUGH SHE HAD NOT BEEN TRANSPORTED THERETO AT GOVERNMENT EXPENSE PURSUANT TO THOSE ACTS AT THAT TIME. UNDER THE WARTIME ACTS OF OCTOBER 14, 1942, AND NOVEMBER 28, 1943, RESPECTING THE TRANSPORTATION OF DEPENDENTS OF NAVAL PERSONNEL IN CONNECTION WITH ASSIGNMENTS TO RESTRICTED AREAS AND LATER ASSIGNMENTS TO UNRESTRICTED AREAS, ETC., REIMBURSEMENT IS LIMITED TO THE COST OF THE TRANSPORTATION ACTUALLY USED, NOT TO EXCEED WHAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED TRANSPORTATION.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. JOHN F. PEARCE, U.S. MARINE CORPS, APRIL 16, 1945:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1944, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, SUBMITTED THEREWITH, IN FAVOR OF WARRANT OFFICER WARREN B. JONES, U.S. MARINE CORPS, WHOSE ADDRESS STATED ON THE VOUCHER IS CARE B. H. MILLARD, 1117 WEST BOONE STREET, MARSHALLTOWN, IOWA, FOR THE COST OF COMMERCIAL TRANSPORTATION OF HIS DEPENDENT WIFE FROM MARSHALLTOWN, IOWA, TO SAN DIEGO, CALIFORNIA, FOR TRAVEL PERFORMED MARCH 13-16, 1944.

A CERTIFICATE DATED MARCH 27, 1944, ISSUED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 14, 1942, 56 STAT. 786, IN LIEU OF SECRET OR CONFIDENTIAL ORDERS OF JANUARY 29, 1944, SHOWS THAT WARRANT OFFICER JONES WAS DETACHED FROM PERMANENT DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND PERMANENTLY ASSIGNED TO FLEET MARINE FORCE SAN DIEGO AREA, CAMP ELLIOTT, SAN DIEGO, CALIFORNIA. THE OFFICER CERTIFIES ON THE VOUCHER "THAT MARSHALLTOWN, IOWA, WAS THE POINT SELECTED FOR MY DEPENDENT'S TRANSPORTATION AND DEPENDENT DID ACTUALLY TRAVEL TO THAT POINT. REIMBURSEMENT OR GOVERNMENT EXPENSE WAS INVOLVED IN THIS TRAVEL.' YOU STATE THAT THE RECORDS OF MARINE CORPS HEADQUARTERS SHOW THAT THE CLAIMANT WAS ORDERED TO DUTY BEYOND SEAS FROM THE MARINE CORPS BASE, SAN DIEGO, CALIFORNIA, AS A SERGEANT, A GRADE NOT ENTITLING HIM TO TRANSPORTATION OF DEPENDENTS AT THE TIME OF SUCH ASSIGNMENT; THAT HE WAS PROMOTED TO THE RANK OF WARRANT OFFICER AND, AT THE TIME OF RECEIPT OF HIS PERMANENT ASSIGNMENT BACK IN THE UNITED STATES, HE WAS AN OFFICER ENTITLED TO TRANSPORTATION OF DEPENDENTS. IT APPEARS THAT HIS DEPENDENT WAS THEN LOCATED AT MARSHALLTOWN, IOWA.

REFERENCE IS MADE TO DECISIONS, B-26966, DATED SEPTEMBER 5, 1942, AND MARCH 12, 1943; B-40174, DATED APRIL 11, 1944, AND B-43120, DATED AUGUST 24, 1944, AS CREATING AN ELEMENT OF DOUBT AS TO THE PROPRIETY OF THE PAYMENT CLAIMED. YOU STATE THAT A NUMBER OF SIMILAR CLAIMS ARE PENDING AND, IN CONNECTION WITH THE REQUEST FOR DECISION AS TO WHETHER THE PAYMENT HERE INVOLVED IS AUTHORIZED, YOU REQUEST INFORMATION AS TO WHETHER OR NOT THE COST OR THE DISTANCE FROM THE OVERSEAS STATION ARE ELEMENTS FOR CONSIDERATION IN DETERMINING THE AMOUNT OF ALLOWANCE FOR TRAVEL PERFORMED BY THE OFFICER'S DEPENDENTS FROM THE PLACE WHERE LOCATED TO THE OFFICER'S NEW PERMANENT STATION IN THE UNITED STATES.

IN THE DECISION B-26966, DATED SEPTEMBER 5, 1942, IT WAS HELD THAT AN OFFICER ORDERED FROM PARRIS ISLAND, SOUTH CAROLINA, TO A STATION OUTSIDE THE LIMITS OF THE UNITED STATES WAS ENTITLED TO REIMBURSEMENT FOR TRAVEL PERFORMED BY HIS DEPENDENTS FROM PARRIS ISLAND TO LOS ANGELES, CALIFORNIA, UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, NOT TO EXCEED THE COST OF COMMERCIAL TRANSPORTATION FROM PARRIS ISLAND TO NORFOLK, VIRGINIA, THE PORT FROM WHICH THE OFFICER SAILED. ON RECONSIDERATION OF THE QUESTION THE CONCLUSION REACHED WAS ADHERED TO IN THE DECISION OF MARCH 12, 1943.

IN THE DECISION B-40174, DATED APRIL 11, 1944, IT WAS HELD THAT AN OFFICER IN THE MARINE CORPS, DETACHED FROM A PERMANENT DUTY STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND DIRECTED TO PROCEED TO THE U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, WHO WAS MARRIED WHILE THERE ASSIGNED AND WAS THEREAFTER ASSIGNED TO PERMANENT DUTY AT THE NAVAL AIR STATION, JACKSONVILLE, FLORIDA, WAS ENTITLED UNDER THE PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 16, 1942, 56 STAT. 364, TO REIMBURSEMENT OF THE COST OF COMMERCIAL TRANSPORTATION OF HIS DEPENDENT WIFE FROM THE PLACE WHERE SHE WAS LOCATED WHEN THE PERMANENT CHANGE OF STATION ORDER WAS RECEIVED TO HIS NEW STATION NOT TO EXCEED THE COST FROM THE OLD TO THE NEW STATION.

THE DECISION OF AUGUST 24, 1944, B-43120, HELD THAT TWO MARINE CORPS ENLISTED MEN WHO WERE PROMOTED WHILE SERVING AT TEMPORARY DUTY STATIONS TO A GRADE ENTITLING THEM TO TRANSPORTATION FOR DEPENDENTS WERE ENTITLED TO REIMBURSEMENT OF THE COST OF TRANSPORTATION OF THEIR DEPENDENTS FROM THE PLACES WHERE THEY WERE LOCATED ON THE DATE OF THEIR RECEIPT OF THE ORDERS DIRECTING PERMANENT CHANGES OF STATION WITHIN THE UNITED STATES, NOT TO EXCEED THE COST OF TRANSPORTATION FROM THEIR LAST PERMANENT STATIONS TO THEIR NEW STATIONS.

NONE OF THESE DECISIONS INVOLVED A SITUATION LIKE THE ONE IN THE PRESENT CASE. IT WILL BE NOTED, HOWEVER, THAT NONE OF THE SAID DECISIONS AUTHORIZED PAYMENT FOR THE TRANSPORTATION OF DEPENDENTS WITHIN THE UNITED STATES ON THE BASIS OF WHAT EITHER THE DISTANCE OR COST OF TRAVEL OUTSIDE THE UNITED STATES WOULD HAVE BEEN PROCEEDING TO, OR RETURNING FROM, THE PERSON'S OVERSEAS STATION. PARAGRAPH 5 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, 366 (THE PERMANENT STATUTORY PROVISION FOR THE TRANSPORTATION OF DEPENDENTS OF PERSONNEL OF THE ARMED FORCES), EXPRESSLY PROVIDES THAT TRANSPORTATION FURNISHED DEPENDENTS 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. MOREOVER, AS DEPENDENTS ARE NOT PERMITTED TO GO TO OVERSEAS STATIONS UNDER EXISTING WARTIME RESTRICTIONS, THERE WOULD BE NO REASON OR BASIS FOR USING THE DISTANCE OR CONSTRUCTIVE COST OF SUCH PROHIBITED TRAVEL AS A MEASURE FOR PAYING THE COST OF ACTUAL TRAVEL OF THE DEPENDENTS WITHIN THE UNITED STATES. SEE THE DECISION OF MARCH 12, 1943, B-26966, SUPRA. IN THE PRESENT CASE, SINCE THE OFFICER'S WIFE WAS NOT, AND WAS NOT PERMITTED TO BE, AT HIS PERMANENT DUTY STATION OVERSEAS, THE AMOUNT IT WOULD HAVE COST TO HAVE TRANSPORTED HER TO THE UNITED STATES FROM SUCH OVERSEAS STATION IS NOT FOR CONSIDERATION, EVEN THOUGH IT WERE SHOWN--- WHICH IT IS NOT--- THAT NO GOVERNMENT TRANSPORTATION WOULD HAVE BEEN AVAILABLE TO RETURN HER TO THE UNITED STATES HAD SHE BEEN AT SUCH OVERSEAS STATION. AS IT DOES NOT APPEAR THAT THE OFFICER'S CHANGE OF STATION TO SAN DIEGO INVOLVED ANY NECESSARY LAND TRAVEL IN THE UNITED STATES, THERE APPEARS NO BASIS UNDER THE SAID PERMANENT PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 TO PAY HIM FOR ANY PART OF THE TRAVEL PERFORMED BY HIS WIFE TO SAN DIEGO, THAT PLACE HAVING BEEN, ALSO, HIS LAST PERMANENT STATION BEFORE GOING OVERSEAS.

WHILE TRANSPORTATION OF DEPENDENTS OF NAVAL PERSONNEL UNDER NORMAL CONDITIONS IS PROVIDED FOR BY THE SAID SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, FURTHER PROVISIONS FOR THEIR TRANSPORTATION DURING THE PRESENT WARS AND FOR SIX MONTHS AFTER THE TERMINATION OF SUCH WARS ARE CONTAINED IN THE ACT OF OCTOBER 14, 1942, 56 STAT. 786, AND THE ACT OF NOVEMBER 28, 1943, 57 STAT. 593. THE FIRST-MENTIONED OF THESE WARTIME ACTS PROVIDES:

THAT OFFICERS AND ENLISTED MEN OF THE NAVY, MARINE CORPS, AND COAST GUARD, AND THE RESERVE COMPONENTS THEREOF WHEN ON ACTIVE DUTY, OF GRADES ENTITLING THEM TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ON CHANGE OF STATIONS, ORDERED TO OR FROM DUTY UNDER SECRET OR CONFIDENTIAL ORDERS OR ORDERS FROM WHICH THE NAMES OR LOCATIONS OF THE SHIPS OR STATIONS INVOLVED ARE OMITTED FOR REASONS OF SECURITY SHALL, UPON APPLICATION OF SUCH PERSONNEL OR THEIR DEPENDENTS, BE ENTITLED TO TRANSPORTATION FOR THEIR DEPENDENTS AND HOUSEHOLD EFFECTS, INCLUDING PACKING, CRATING, AND UNPACKING THEREOF, FROM THEIR STATIONS OR PLACES OF STORAGE IN THE UNITED STATES TO ANY OTHER POINTS IN THE UNITED STATES, AND FROM SUCH POINTS TO NEW STATIONS IN THE UNITED STATES TO WHICH SUCH PERSONNEL MAY BE SUBSEQUENTLY ORDERED FOR DUTY, UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE: PROVIDED, THAT THE WIVES OF SUCH PERSONNEL, OR SUCH OTHER RESPONSIBLE PERSONS AS MAY BE DESIGNATED BY THE OFFICIALS NAMED IN THE NEXT FOLLOWING PROVISO, MAY EXECUTE SUCH CERTIFICATES AS MAY BE REQUIRED AND WHICH ARE FILED WITH, AND RELATE TO, VOUCHERS IN CONNECTION WITH THE TRANSPORTATION OF DEPENDENTS OR HOUSEHOLD EFFECTS: PROVIDED FURTHER, THAT IN LIEU OF COPIES OF ORDERS TO OR FROM DUTY UNDER SECRET OR CONFIDENTIAL ORDERS OR ORDERS FROM WHICH THE NAMES OR LOCATIONS OF THE SHIPS OR STATIONS INVOLVED ARE OMITTED FOR REASONS OF SECURITY, A CERTIFICATION OF THE CHIEF OF NAVAL PERSONNEL, COMMANDANT OF THE MARINE CORPS, COMMANDANT OF THE COAST GUARD, OR SUCH SUBORDINATES AS THEY MAY DESIGNATE, THAT THE PERSONNEL CONCERNED HAVE BEEN SO ORDERED SHALL CONSTITUTE AUTHORITY FOR THE PAYMENT OF MILEAGE AND FOR THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AUTHORIZED HEREIN, AND ANY CERTIFICATE OR CERTIFICATION AUTHORIZED BY THIS ACT SHALL BE FINAL AND CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT: AND PROVIDED FURTHER, THAT UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, CLAIMS FOR REIMBURSEMENT MAY BE SUBMITTED BY AND PAYMENTS MADE TO PERSONNEL CONCERNED OR THEIR DEPENDENTS FOR ANY AUTHORIZED TRAVEL PERFORMED BY DEPENDENTS AT THEIR OWN EXPENSE.

SEC. 2. THIS ACT SHALL BE EFFECTIVE FROM OCTOBER 1, 1940, AND SHALL REMAIN IN FORCE DURING THE CONTINUANCE OF THE PRESENT WAR AND FOR SIX MONTHS AFTER THE TERMINATION OF THE WAR, OR UNTIL SUCH EARLIER TIME AS THE CONGRESS BY CONCURRENT RESOLUTION OR THE PRESIDENT BY PROCLAMATION MAY DESIGNATE.

SEC. 3. THAT THE PROVISIONS OF THIS ACT SHALL APPLY TO PERSONNEL OF THE COAST AND GEODETIC SURVEY IN LIKE MANNER AND TO THE SAME EXTENT AS TO PERSONNEL OF THE NAVY UNDER SUCH REGULATIONS AS THE SECRETARY OF COMMERCE MAY PRESCRIBE: PROVIDED, THAT THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ACT UPON THE CHIEF OF NAVAL PERSONNEL IN RESPECT TO PERSONNEL OF THE NAVY SHALL DEVOLVE UPON THE DIRECTOR OF THE COAST AND GEODETIC SURVEY IN RESPECT TO PERSONNEL OF THE COAST AND GEODETIC SURVEY.

THE ACT OF NOVEMBER 28, 1943, SUPRA, PROVIDES:

THE OFFICERS AND ENLISTED MEN OF THE NAVY, MARINE CORPS, AND COAST GUARD, AND THE RESERVE COMPONENTS THEREOF WHEN ON ACTIVE DUTY, OF GRADES ENTITLING THEM TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ON CHANGE OF STATION (A) WHEN ON DUTY AT PLACES DESIGNATED BY THE SECRETARY OF THE NAVY AS WITHIN ZONES FROM WHICH THEIR DEPENDENTS SHOULD BE EVACUATED FOR MILITARY REASONS OR FOR THE PURPOSE OF RELIEVING CONGESTION IN THE VICINITY OF NAVAL ACTIVITIES OR WHERE GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE NOT AVAILABLE; (B) OR UPON TRANSFER OR ASSIGNMENT OF SUCH OFFICERS AND ENLISTED MEN TO SEA DUTY, AS SUCH DUTY MAY BE DEFINED BY THE SECRETARY OF THE NAVY; (C) OR UPON TRANSFEROR ASSIGNMENT OF SUCH OFFICERS AND ENLISTED MEN TO DUTY AT PLACES WHERE THEIR DEPENDENTS FOR MILITARY REASONS ARE NOT PERMITTED TO JOIN THEM OR WHERE GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE NOT AVAILABLE, MAY, UPON APPLICATION OF SUCH PERSONNEL OR THEIR DEPENDENTS, BE ALLOWED, SUBJECT TO SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, TRANSPORTATION FOR THEIR DEPENDENTS AND HOUSEHOLD EFFECTS, INCLUDING PACKING, CRATING, AND UNPACKING THEREOF, FROM THEIR STATIONS OR PLACES OF STORAGE IN THE UNITED STATES TO ANY OTHER POINTS IN THE UNITED STATES, AND FROM SUCH POINTS TO NEW STATIONS IN THE UNITED STATES TO WHICH SUCH PERSONNEL MAY BE SUBSEQUENTLY ORDERED FOR DUTY, AND AT WHICH THEIR DEPENDENTS ARE NOT RESTRICTED FROM JOINING THEM OR GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE AVAILABLE.

SEC. 2. WHENEVER THE CHIEF OF NAVAL PERSONNEL, COMMANDANT OF THE MARINE CORPS, COMMANDANT OF THE COAST GUARD, OR SUCH SUBORDINATES AS THEY MAY DESIGNATE, CERTIFY THAT THE PERSONNEL INCLUDED IN (B) AND (C) OF SECTION 1 HEREOF HAVE BEEN TRANSFERRED TO SEA DUTY OR TO DUTY AT PLACES BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES WHERE THEIR DEPENDENTS FOR MILITARY REASONS ARE NOT PERMITTED TO JOIN THEM, THE WIVES OF SUCH PERSONNEL, OR SUCH OTHER RESPONSIBLE PERSONS AS MAY BE DESIGNATED BY THE OFFICIALS NAMED ABOVE IN THIS SECTION, MAY EXECUTE SUCH CERTIFICATES AS MAY BE REQUIRED AND WHICH ARE FILED WITH, AND RELATE TO VOUCHERS IN CONNECTION WITH THE TRANSPORTATION OF DEPENDENTS OR HOUSEHOLD EFFECTS: PROVIDED, THAT IN LIEU OF COPIES OF ORDERS OF SUCH PERSONNEL, THE CERTIFICATE ABOVE PROVIDED FOR SHALL CONSTITUTE AUTHORITY FOR SUCH TRANSPORTATION OF DEPENDENTS, AND HOUSEHOLD EFFECTS AS MAY BE AUTHORIZED HEREUNDER AND ANY CERTIFICATE OR CERTIFICATION AUTHORIZED BY THIS ACT SHALL BE FINAL AND CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT: AND PROVIDED FURTHER, THAT, UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, CLAIMS FOR REIMBURSEMENT MAY BE SUBMITTED BY AND PAYMENTS MADE TO PERSONNEL CONCERNED OR THEIR DEPENDENTS FOR ANY AUTHORIZED TRAVEL PERFORMED BY DEPENDENTS AT THEIR OWN EXPENSE.

SEC. 3. THE COMPTROLLER GENERAL OF THE UNITED STATES IS HEREBY AUTHORIZED AND DIRECTED TO ALLOW CREDIT IN THE ACCOUNTS OF DISBURSING OFFICERS IN CASES WHERE SUCH DEPENDENTS WOULD HAVE BEEN ENTITLED TO TRANSPORTATION IF THE PROVISIONS OF SECTION 1 HEREOF HAD BEEN IN EFFECT ON THE DATE OF PAYMENT FOR OTHERWISE PROPER PAYMENTS HERETOFORE MADE TO TRANSPORTATION OF DEPENDENTS, OR REIMBURSEMENT THEREFOR, UNDER ORDERS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS ACT, TO THE EXTENT OF THE COMMERCIAL COST OF TRANSPORTATION OF THE DEPENDENTS FROM THE OLD DUTY STATION TO THE NEW DUTY STATION. SUCH COST OF TRANSPORTATION SHALL BE COMPUTED FROM THE LAST AVAILABLE PUBLISHED RATES ON THE DATE THE ORDERS INVOLVED WERE ISSUED. SEC. 4. TRANSPORTATION OF HOUSEHOLD EFFECTS OF NAVAL AND CIVILIAN PERSONNEL OF THE NAVAL ESTABLISHMENT, AS NOW OR HEREAFTER AUTHORIZED BY LAW, MAY, UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY SHALL PRESCRIBE, BE BY MEANS OF RAIL, WATER, OR VAN, WITHOUT REGARD TO COMPARATIVE COSTS. SEC. 5. THIS ACT SHALL BE EFFECTIVE AS OF DECEMBER 7, 1941, AND SHALL REMAIN IN EFFECT FOR THE DURATION OF THE PRESENT WARS AND FOR SIX MONTHS AFTER THE TERMINATION OF SUCH WARS OR UNTIL SUCH EARLIER TIME AS THE CONGRESS BY CONCURRENT RESOLUTION OF THE PRESIDENT BY PROCLAMATION MAY DESIGNATE.

NEITHER OF SUCH WARTIME STATUTES SPECIFICALLY COVERS THE SITUATION OF PERSONNEL WHO MAY BE PROMOTED, WHILE SERVING OVERSEAS, TO GRADES ENTITLED TO TRANSPORTATION OF DEPENDENTS. HOWEVER, SUCH STATUTES REASONABLY MAY NOT BE VIEWED AS INTENDING THAT SUCH PERSONNEL UPON RETURN TO PERMANENT DUTY IN THE UNITED STATES, AND BEING THEN OTHERWISE ENTITLED TO TRANSPORTATION OF THEIR DEPENDENTS, SHOULD BE ACCORDED DIFFERENT TREATMENT IN HAVING THEIR DEPENDENTS TRANSPORTED TO THEIR PERMANENT STATIONS IN THIS COUNTRY THAN PROVIDED IN LIKE SITUATIONS FOR PERSONNEL WHO WERE ALREADY SERVING IN SUCH GRADES BEFORE LEAVING THE COUNTRY. THE DISJUNCTIVE PHRASE "ORDERED TO OR FROM UTY" UNDER SECRET OR CONFIDENTIAL ORDERS, ETC., IN SECTION 1 OF THE ACT OF OCTOBER 14, 1942, SUPRA, CONNOTES THAT BENEFITS WERE INTENDED IN CASES OF SUCH ORDERS "FROM DUTY" EVEN THOUGH NO BENEFITS ACCRUED UNDER PRIOR SECRET ORDERS TO DUTY. SECTION 1 OF THE ACT OF NOVEMBER 28, 1943, SUPRA, PROVIDES, INTER ALIA, THAT WHERE OFFICERS OR ENLISTED MEN OF GRADES ENTITLED TO TRANSPORTATION OF DEPENDENTS ARE TRANSFERRED OR ASSIGNED TO DUTY AT PLACES WHERE THEIR DEPENDENTS FOR MILITARY REASONS ARE NOT PERMITTED TO JOIN THEM, THEY MAY BE ALLOWED TRANSPORTATION FOR THEIR DEPENDENTS FROM THEIR STATIONS TO ANY OTHER POINT IN THE UNITED STATES AND FROM SUCH POINTS TO NEW STATIONS IN THE UNITED STATES TO WHICH SUCH PERSONNEL SUBSEQUENTLY MAY BE ORDERED TO DUTY AND AT WHICH THEIR DEPENDENTS ARE NOT RESTRICTED FROM JOINING THEM. ESSENTIALLY THE SAME PROVISIONS ARE CONTAINED IN SECTION 4 (B) OF THE ACT OF JUNE 5, 1942, 56 STAT. 315, WITH RESPECT TO ARMY PERSONNEL; AND IT WAS HELD IN DECISION OF AUGUST 9, 1944, 24 COMP. GEN. 91, THAT AN ARMY OFFICER RETURNING FROM DUTY OVERSEAS WAS ENTITLED UNDER SUCH PROVISIONS TO REIMBURSEMENT OF THE COST OF TRANSPORTATION OF HIS DEPENDENTS TO HIS NEW PERMANENT STATION IN THE UNITED STATES FROM THE PLACE HE HAD ELECTED TO LEAVE THEM WHEN HE WAS ORDERED OVERSEAS. THAT IS, IT WAS RECOGNIZED THAT THE RIGHT TO TRANSPORTATION UNDER THE ACT UPON RETURN TO THE UNITED STATES WAS NOT DEPENDENT ON HAVING OBTAINED TRANSPORTATION UNDER THE ACT WHEN HE WENT OVERSEAS. WHILE THE SITUATION INVOLVED IN THE PRESENT CASE IS NOT WHOLLY ANALOGOUS--- THE OFFICER IN THAT CASE BEING ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS WHEN HE WAS ORDERED OVERSEAS, WHEREAS THE OFFICER IN THIS CASE WAS NOT- - THE CONCLUSION APPEARS WARRANTED, IN VIEW OF THE GENERAL PURPOSE OF THE SAID WARTIME ACTS OF OCTOBER 14, 1942, AND NOVEMBER 28, 1943, THAT PERSONNEL PROMOTED WHILE SERVING OVERSEAS TO GRADES ENTITLING THEM TO TRANSPORTATION OF DEPENDENTS LIKEWISE ARE ENTITLED THEREUNDER, UPON RETURN TO THE UNITED STATES, TO TRANSPORTATION OF THEIR DEPENDENTS TO THEIR PERMANENT STATIONS FROM THE PLACE WHERE THEY HAD BEEN LEFT OR SENT WHEN SUCH PERSONNEL WERE ORDERED OVERSEAS, ALTHOUGH THEY HAD NOT BEEN TRANSPORTED TO SOME POINT IN THE UNITED STATES AT GOVERNMENT EXPENSE UNDER THOSE ACTS AT THAT TIME.

THE VOUCHER SUBMITTED DOES NOT SHOW THE MEANS OF TRANSPORTATION USED BY THE OFFICER'S WIFE IN TRAVELING FROM MARSHALLTOWN TO SAN DIEGO OR THE COST OF SUCH TRANSPORTATION. IF THAT BE SHOWN, REIMBURSEMENT OF SUCH COSTS WOULD BE AUTHORIZED IN AN AMOUNT NOT TO EXCEED WHAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED TRANSPORTATION. SEE DECISION OF MARCH 24, 1945, B-44556, 24 COMP. GEN 694, ADDRESSED TO YOU IN THE CASE OF SECOND LIEUTENANT INGRAM R. HENRY, JR., USMCR. CF. 23 COMP. GEN. 875.