B-50296, JULY 2, 1945, 25 COMP. GEN. 6

B-50296: Jul 2, 1945

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WHICHEVER IS LATER. AS FOLLOWS: IT HAS BEEN BROUGHT TO MY ATTENTION THAT A CONSIDERABLE NUMBER OF PERSONNEL OF THE ARMY ARE BEING DEPRIVED OF RIGHTS TO WHICH THEY ARE ENTITLED UNDER THE GOVERNING STATUTES BECAUSE OF THE FACT THAT TRAVEL OF SAID PERSONNEL AND THEIR DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS ARE NOT BEGUN WITHIN ONE YEAR AFTER DATE OF RETIREMENT OR RELIEF FROM ACTIVE DUTY. IS PREDICATED ON THE PRINCIPLES SET FORTH IN YOUR DECISION. ) WHEREIN IT IS STATED. CITING PREVIOUS DECISIONS: "THE BASIS OF THE REQUIREMENT THAT TRAVEL BE PERFORMED TO THE OFFICER'S HOME WITHIN ONE YEAR FROM DATE OF RETIREMENT OR RELIEF FROM ACTIVE DUTY IS PREDICATED PRIMARILY UPON A DETERMINATION THAT TRAVEL WITHIN ONE YEAR UNDER CIRCUMSTANCES OF RETIREMENT OR RELEASE FROM ACTIVE DUTY IS A REASONABLE TIME.'.

B-50296, JULY 2, 1945, 25 COMP. GEN. 6

MILEAGE; TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS - ARMY OFFICERS RETIRED OR RELEASED FROM ACTIVE DUTY - TIME LIMITATIONS IN VIEW OF EXISTING TRANSPORTATION, HOUSING, ETC., CONDITIONS, THE REQUIREMENT THAT ARMY OFFICERS RETIRED OR RELIEVED FROM ACTIVE DUTY PERFORM TRAVEL TO THEIR HOMES WITHIN ONE YEAR IN ORDER TO BE ENTITLED TO MILEAGE, TRANSPORTATION OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD EFFECTS (COMPARE 24 COMP. GEN. 291) MAY BE RELAXED, PROVIDED ARMY REGULATIONS BE APPROPRIATELY AMENDED, TO PERMIT PAYMENT, TRANSPORTATION IN KIND OR REIMBURSEMENT IN CONNECTION WITH TRAVEL OR TRANSPORTATION ACCOMPLISHED WITHIN ONE YEAR AFTER TERMINATION OF THE PRESENT WAR OR WITHIN ONE YEAR AFTER DATE OF RETIREMENT OR RELIEF FROM ACTIVE DUTY, WHICHEVER IS LATER.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, JULY 2, 1945:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 5, 1945, AS FOLLOWS:

IT HAS BEEN BROUGHT TO MY ATTENTION THAT A CONSIDERABLE NUMBER OF PERSONNEL OF THE ARMY ARE BEING DEPRIVED OF RIGHTS TO WHICH THEY ARE ENTITLED UNDER THE GOVERNING STATUTES BECAUSE OF THE FACT THAT TRAVEL OF SAID PERSONNEL AND THEIR DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS ARE NOT BEGUN WITHIN ONE YEAR AFTER DATE OF RETIREMENT OR RELIEF FROM ACTIVE DUTY.

THIS RESTRICTION ON PAYMENT OF MILEAGE, THE FURNISHING OF TRANSPORTATION OF DEPENDENTS, AND SHIPMENT OF HOUSEHOLD GOODS, OR REIMBURSEMENT COVERING COST THEREOF, IS PREDICATED ON THE PRINCIPLES SET FORTH IN YOUR DECISION, DATED 10 OCTOBER 1944 (24 COMP. GEN. 291,) WHEREIN IT IS STATED, CITING PREVIOUS DECISIONS:

"THE BASIS OF THE REQUIREMENT THAT TRAVEL BE PERFORMED TO THE OFFICER'S HOME WITHIN ONE YEAR FROM DATE OF RETIREMENT OR RELIEF FROM ACTIVE DUTY IS PREDICATED PRIMARILY UPON A DETERMINATION THAT TRAVEL WITHIN ONE YEAR UNDER CIRCUMSTANCES OF RETIREMENT OR RELEASE FROM ACTIVE DUTY IS A REASONABLE TIME.'

THE ONE-YEAR RULE REFERRED TO ABOVE WAS ORIGINALLY ADOPTED IN PEACE TIME. IN VIEW OF CROWDED CONDITIONS OBTAINING IN MANY PARTS OF THE UNITED STATES AT THE PRESENT TIME, OCCASIONED BY THE OPERATION OF MUNITION PLANTS, SHIPYARDS, AND FACTORIES, NECESSARY TO THE PROSECUTION OF THE WAR, WITH THE ATTENDING INFLUX OF WORKERS AND THEIR FAMILIES, AND MILITARY DEMAND CONFRONTING AN OVERBURDENED TRANSPORT SYSTEM, THE WAR DEPARTMENT IN 1942 RESTRICTED ITS PERSONNEL TO ONE MOVE OF HOUSEHOLD GOODS AND DEPENDENTS AT GOVERNMENT EXPENSE. THIS ACTION WAS CONSIDERED A MILITARY NECESSITY IN ORDER TO ELIMINATE THE NEED FOR FURTHER CONSTRUCTION OF HOUSING AND DISCOURAGE FURTHER DEMANDS FOR TRANSPORTATION DURING THE PEAK PERIODS OF THE EMERGENCY. IT IS BELIEVED THAT ONE YEAR NO LONGER MAY BE CONSIDERED TO BE A "REASONABLE" PERIOD IN ALL CASES WITHIN WHICH TO REQUIRE THAT MILITARY PERSONNEL, RETIRED AND RELIEVED FROM ACTIVE DUTY, TRAVEL TO THEIR HOMES, INASMUCH AS SUCH MOVEMENT DURING THIS PERIOD WOULD AGGRAVATE THE CONDITIONS CITED HEREIN. AN EXTENSION OF THE PERIOD OF TIME, NOT FOR CONVENIENCE OF THE TRAVELER BUT AS A MEASURE CONSISTENT WITH THE INTENT OF THE PRESENT WAR DEPARTMENT ONE-MOVE RESTRICTION, APPEARS DESIRABLE.

FOR THE REASONS SET FORTH ABOVE, YOUR DECISION IS REQUESTED, WHETHER, PROVIDED ARMY REGULATIONS ARE AMENDED, PAYMENT OF MILEAGE, TRANSPORTATION OF DEPENDENTS, AND SHIPMENT OF HOUSEHOLD GOODS, OR REIMBURSEMENT COVERING COST OF SUCH TRANSPORTATION OR SHIPMENT, MAY PROPERLY BE MADE IN CONNECTION WITH RETIREMENT OR RELIEF FROM ACTIVE DUTY PROVIDED THE TRAVEL IS BEGUN WITHIN ONE YEAR AFTER THE TERMINATION OF THE WAR IN WHICH THE UNITED STATES IS NOW ENGAGED OR WITHIN ONE YEAR AFTER DATE OF RETIREMENT OR RELIEF FROM ACTIVE DUTY, WHICHEVER IS LATER.

IN VIEW OF THE CIRCUMSTANCES RELATED IN YOUR LETTER, THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO OTHERWISE PROPER PAYMENTS OF MILEAGE, THE FURNISHING OF TRANSPORTATION OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS, OR REIMBURSEMENT COVERING COST OF SUCH TRANSPORTATION OR SHIPMENT, INCIDENT TO RETIREMENT OR RELIEF FROM ACTIVE DUTY OF OFFICERS ENTITLED BY LAW TO SUCH BENEFITS, PROVIDED THE TRAVEL IS ACCOMPLISHED WITHIN ONE YEAR AFTER TERMINATION OF THE WAR IN WHICH THE UNITED STATES IS NOW ENGAGED, OR WITHIN ONE YEAR AFTER DATE OF RETIREMENT OR RELIEF FROM ACTIVE DUTY, WHICHEVER IS LATER, IF THE ARMY REGULATIONS SHOULD BE AMENDED TO PROVIDE THEREFOR.