B-50348, JUNE 21, 1945, 24 COMP. GEN. 911

B-50348: Jun 21, 1945

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TO WHICH THEY NOW ARE PERMITTED TO TRAVEL. DURING THE PERIOD WHEN TRAVEL OF DEPENDENTS TO SUCH OVERSEAS STATIONS WAS SUSPENDED. REFERENCE IS MADE TO PARAGRAPH 5 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942. IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. IF SUCH TRANSPORTATION IS AVAILABLE AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED * * *. " SECNAV" DISPATCH 1091541 OF DECEMBER 9. OF GRADES ENTITLING THEM TO TRANSPORTATION OF DEPENDENTS * * * ON CHANGE OF STATION * * * OR UPON TRANSFER OR ASSIGNMENT * * * TO DUTY AT PLACES WHERE THEIR DEPENDENTS FOR MILITARY REASONS ARE NOT PERMITTED TO JOIN THEM * * * MAY. AT WHICH THEIR DEPENDENTS ARE NOT RESTRICTED FROM JOINING THEM * THIS ACT SHALL BE EFFECTIVE AS OF DECEMBER 7.

B-50348, JUNE 21, 1945, 24 COMP. GEN. 911

TRANSPORTATION OF DEPENDENTS TO UNRESTRICTED OVERSEAS STATIONS UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, DEPENDENTS OF NAVAL PERSONNEL MAY BE TRANSPORTED FROM THE UNITED STATES TO OVERSEAS STATIONS, TO WHICH THEY NOW ARE PERMITTED TO TRAVEL, AT A COST TO THE GOVERNMENT NOT EXCEEDING THAT FROM THE LAST PERMANENT STATION IN THE UNITED STATES TO THE OVERSEAS STATION, LESS THE COST OF TRANSPORTATION, IF ANY, AT GOVERNMENT EXPENSE TO THE LOCATION IN THE UNITED STATES SELECTED PURSUANT TO THE WARTIME ACT OF NOVEMBER 28, 1943, DURING THE PERIOD WHEN TRAVEL OF DEPENDENTS TO SUCH OVERSEAS STATIONS WAS SUSPENDED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JUNE 21, 1945:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 9, 1945 ( JAG:II:1WJG:Z L20- 4/P7), FORWARDING A LETTER FROM THE BUREAU OF NAVAL PERSONNEL DATED MAY 26, 1945, AND REQUESTING DECISION ON THE SPECIFIC QUESTION CONTAINED THEREIN AS TO THE BASIS OF FURNISHING TRANSPORTATION TO OVERSEAS STATIONS FOR THE DEPENDENTS OF NAVAL PERSONNEL ON PERMANENT SHORE DUTY IN CERTAIN AREAS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES TO WHICH THE SUSPENSION OF TRAVEL OF DEPENDENTS HAS BEEN REMOVED.

REFERENCE IS MADE TO PARAGRAPH 5 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366, WHICH PROVIDES:

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 * * * NAVY * * * TO HIS NEW STATION FOR SUCH DEPENDENTS * * * 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 * * *.

" SECNAV" DISPATCH 1091541 OF DECEMBER 9, 1941, SUSPENDED ALL TRAVEL OF DEPENDENTS TO OVERSEAS STATIONS UNTIL FURTHER NOTICE. SECTIONS 1 AND 5 OF THE ACT OF NOVEMBER 28, 1943, 57 STAT. 593, 594, CITED IN YOUR LETTER, PROVIDE IN MATERIAL PART, AS FOLLOWS:

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 * * * ON CHANGE OF STATION * * * OR UPON TRANSFER OR ASSIGNMENT * * * TO DUTY AT PLACES WHERE THEIR DEPENDENTS FOR MILITARY REASONS ARE NOT PERMITTED TO JOIN THEM * * * MAY, UPON APPLICATION OF SUCH PERSONNEL OR THEIR DEPENDENTS, BE ALLOWED * * * TRANSPORTATION FOR THEIR DEPENDENTS * * * FROM THEIR STATIONS * * * 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 *

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 OR THE PRESIDENT BY PROCLAMATION MAY DESIGNATE.

INSTRUCTIONS OF DECEMBER 23, 1943, COVERING TRAVEL BY DEPENDENTS, REPRINTED MAY 31, 1944, IN NAVY DEPARTMENT BULLETIN OF MAY 31, 1944, 44 609, PROVIDE IN PARAGRAPH 6 AS FOLLOWS:

UPON ASSIGNMENT * * * TO PERMANENT DUTY AT PLACES WHERE THEIR DEPENDENTS FOR MILITARY REASONS ARE NOT PERMITTED TO JOIN THEM, THE OBTAINING OF TRANSPORTATION OR REIMBURSEMENT FOR TRAVEL OF DEPENDENTS UNDER THE AUTHORITY CONTAINED IN PARAGRAPH 3 (ACT OF NOVEMBER 28, 1943, CITED) OF THIS LETTER IS OPTIONAL ON THE PART OF THE APPLICANT OR CLAIMANT CONCERNED AND IF NOT DESIRED MAY BE OBTAINED UNDER EXISTING INSTRUCTIONS AS OUTLINED IN NAVY TRAVEL INSTRUCTIONS ORDER. WHEN TRANSPORTATION HAS BEEN FURNISHED * * * NO FURTHER TRANSPORTATION AT THE EXPENSE OF THE GOVERNMENT IS AUTHORIZED UNTIL THE OFFICER ON ENLISTED MAN IS ORDERED TO A NEW PERMANENT SHORE STATION IN THE UNITED STATES. * * * THE RIGHT OF ELECTION GRANTED OFFICERS AND ENLISTED MEN UNDER THESE INSTRUCTIONS MUST BE EXERCISED UPON ASSIGNMENT * * * TO DUTY AT PLACES WHERE THEIR DEPENDENTS FOR MILITARY REASONS ARE NOT PERMITTED TO JOIN THEM * * *.

IT APPEARS THAT BY LETTER OF CHIEF NAVAL OPERATIONS DATED APRIL 23, 1945, SERIAL 205313, THE SUSPENSION OF TRAVEL BY DEPENDENTS TO OVERSEAS STATIONS, AS IT APPLIED TO TRAVEL TO THE GULF, CARIBBEAN, AND PANAMA SEAS FRONTIERS, MEXICO, AND BRAZIL, WAS REMOVED SO AS TO PERMIT OVERSEAS TRAVEL OF DEPENDENTS OF PERSONNEL OF THE NAVAL ESTABLISHMENT ON PERMANENT SHORE DUTY IN THOSE AREAS.

IT IS STATED THAT IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN THE ACT OF NOVEMBER 28, 1943, SUPRA, AND THE INSTRUCTIONS ISSUED PURSUANT THERETO, A LARGE NUMBER OF PERSONNEL OBTAINED TRANSPORTATION FOR THEIR DEPENDENTS TO POINTS IN THE UNITED STATES OF THEIR SELECTION WHEN ORDERED OVERSEAS AND THAT, DUE TO THE REMOVAL OF THE SUSPENSION OF OVERSEAS TRAVEL IN THE AREAS INDICATED, APPLICATIONS NOW ARE BEING RECEIVED FOR THE TRANSPORTATION OF THE DEPENDENTS TO THE PRESENT PERMANENT OVERSEAS STATIONS OF SUCH PERSONNEL. YOUR QUESTION IS AS TO WHAT TRANSPORTATION, IF ANY, NOW MAY BE FURNISHED FOR THESE DEPENDENTS TO PROCEED TO THE OVERSEAS STATION IN CASES WHERE THEY WERE MOVED AT GOVERNMENT EXPENSE UNDER THE WARTIME ACT TO A POINT IN THE UNITED STATES WHEN THE PERSONNEL CONCERNED WERE ORDERED OVERSEAS, OR WHERE NO MOVE WAS MADE AT GOVERNMENT EXPENSE UNDER THAT ACT.

THE FOLLOWING HYPOTHETICAL CASES ARE SUBMITTED AS ILLUSTRATING YOUR QUESTION:

(A) AN OFFICER ORDERED FROM SHORE DUTY, MIAMI, FLORIDA, TO SHORE DUTY, PANAMA, OBTAINED TRANSPORTATION FOR HIS DEPENDENTS UNDER REFERENCE (B) (ACT OF NOVEMBER 28, 1943) FROM MIAMI, FLORIDA, TO CHICAGO, ILLINOIS, AT A COST OF $45.00. HE NOW DESIRES TRANSPORTATION FOR HIS DEPENDENTS FROM CHICAGO TO PANAMA, WHICH WILL INVOLVE A COST OF $45.00 TO MIAMI PLUS $130.00 TO BALBOA.

(B) AN OFFICER ORDERED FROM SHORE DUTY, MIAMI, FLORIDA, TO SHORE DUTY, SAN JUAN, PUERTO RICO, OBTAINED TRANSPORTATION FOR HIS DEPENDENTS UNDER REFERENCE (B) (ACT OF NOVEMBER 28, 1943) FROM MIAMI TO SAN DIEGO, CALIFORNIA, AT A COST OF $120.00. HE NOW DESIRES TRANSPORTATION FOR HIS DEPENDENTS FROM MIAMI TO SAN JUAN, WHICH WILL INVOLVE A COST OF $80.00.

(C) AN OFFICER ORDERED FROM SHORE DUTY, SAN FRANCISCO, TO SHORE DUTY, PANAMA, OBTAINED NO TRANSPORTATION OR HIS DEPENDENTS UNDER REFERENCE (B) (ACT OF NOVEMBER 28, 1943). HE NOW DESIRES TRANSPORTATION FOR HIS DEPENDENTS FROM SAN FRANCISCO TO PANAMA.

THE DEPENDENTS OF NAVAL PERSONNEL MAY BE FURNISHED TRANSPORTATION TO A NEW PERMANENT STATION UNDER THE PERMANENT LAW AT ANY TIME PRIOR TO RECEIPT OF NOTICE OF A SUBSEQUENT CHANGE OF STATION, WITHIN THE LIMIT OF THE GOVERNMENT'S OBLIGATION WHEN THE ORDERS BECOME EFFECTIVE. 9 COMP. GEN. 439, 440. AS TO TRANSFERS FROM ONE OVERSEAS STATION TO ANOTHER OVERSEAS STATION, SEE DECISION OF MAY 14, 1945, B-49419. THE PROVISION IN THE INSTRUCTIONS OF DECEMBER 23, 1943, THAT WHEN TRANSPORTATION HAS BEEN FURNISHED OR REIMBURSEMENT MADE FOR TRAVEL UNDER THE PROVISIONS OF THE ACT OF NOVEMBER 28, 1943, NO FURTHER TRANSPORTATION AT THE EXPENSE OF THE GOVERNMENT IS AUTHORIZED UNTIL THE OFFICER OR ENLISTED MAN IS ORDERED TO A NEW PERMANENT SHORE STATION IN THE UNITED STATES, IS UNDERSTOOD TO BE EFFECTIVE ONLY DURING THE PERIOD OF THE CONTINUATION OF THE CONDITIONS WHICH NECESSITATED THE SUSPENSION OF TRAVEL OF DEPENDENTS TO OVERSEAS STATIONS, AND DOES NOT PRECLUDE THE FURNISHING OF TRANSPORTATION AS AUTHORIZED BY THE PERMANENT LAW, ACT OF JUNE 16, 1942, WHEN IT IS ADMINISTRATIVELY DETERMINED THAT DEPENDENTS MAY TRAVEL TO OVERSEAS STATIONS. WHEN THE RESTRICTION ON TRAVEL OF DEPENDENTS TO OVERSEAS STATIONS IS REMOVED AND THE OFFICER OR ENLISTED MAN CONCERNED REQUESTS TRANSPORTATION FOR HIS DEPENDENTS TO THE OVERSEAS STATION, THE TRANSPORTATION THAT MAY THEN BE FURNISHED IS GOVERNED BY THE PROVISION OF THE PERMANENT LAW LIMITING COST OF TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE TO WHAT THE COST WOULD BE FROM THE OLD TO THE NEW PERMANENT STATION.

ANSWERING YOUR QUESTION SPECIFICALLY YOU ARE ADVISED THAT WHERE NO TRANSPORTATION WAS FURNISHED DEPENDENTS OF NAVAL PERSONNEL AT GOVERNMENT EXPENSE UNDER THE ACT OF NOVEMBER 28, 1943, INCIDENT TO THEIR ASSIGNMENT TO OVERSEAS STATIONS AND THE SUSPENSION OF TRAVEL OF DEPENDENTS TO THE AREA IN WHICH THE STATION IS LOCATED HAS BEEN REMOVED, TRANSPORTATION MAY BE FURNISHED THE DEPENDENTS TO THE OVERSEAS STATION AT A COST TO THE GOVERNMENT NOT TO EXCEED THE COST FROM THE LAST PERMANENT STATION IN THE UNITED STATES TO THE OVERSEAS STATION. IF TRANSPORTATION WAS FURNISHED THE DEPENDENTS OR REIMBURSEMENT MADE FOR COST OF THEIR TRAVEL, TO A DESIGNATED PLACE, UNDER THE ACT OF NOVEMBER 28, 1943, AT LESS COST TO THE GOVERNMENT THAN WHAT THE COST WOULD BE FROM THE LAST PERMANENT STATION IN THE UNITED STATES TO THE OVERSEAS STATION, TRANSPORTATION TO THE OVERSEAS STATION MAY BE FURNISHED AT A COST TO THE GOVERNMENT NOT IN EXCESS OF THE DIFFERENCE BETWEEN THE COST FROM THE LAST PERMANENT STATION IN THE UNITED STATES TO THE OVERSEAS STATION AND THE COST OF THE TRANSPORTATION PREVIOUSLY FURNISHED, OR THE AMOUNT PAID AS REIMBURSEMENT OF COST OF TRAVEL, INCIDENT TO THE OVERSEAS ASSIGNMENT. IF THE COST OF THE TRANSPORTATION FURNISHED UNDER THE WARTIME ACT EQUALS OR EXCEEDS THE COST FROM THE LAST PERMANENT STATION IN THE UNITED STATES TO THE OVERSEAS STATION, NO FURTHER TRANSPORTATION TO THE OVERSEAS STATION MAY BE FURNISHED AT GOVERNMENT EXPENSE.

IN DETERMINING THE ALLOWABLE COST OF TRANSPORTATION TO THE OVERSEAS STATION THE REQUIREMENT OF THE STATUTE THAT TRANSPORTATION SUPPLIED THE DEPENDENTS TO 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," IS NECESSARILY FOR APPLICATION. ACCORDINGLY, WHERE TRAVEL OF DEPENDENTS TO AN OVERSEAS STATION IS BY COMMERCIAL TRANSPORTATION THE EXPENDITURE INVOLVED FOR OVERSEAS TRAVEL MUST BE SUPPORTED BY A DETERMINATION OF THE SECRETARY OF THE NAVY THAT NO GOVERNMENT TRANSPORT WAS AVAILABLE FOR THE OVERSEAS TRAVEL.