B-56695, MAY 3, 1946, 25 COMP. GEN. 747

B-56695: May 3, 1946

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AN ARMY ENLISTED MAN WHO WAS MARRIED WHILE ON ROUTINE FURLOUGH FROM HIS RESTRICTED OVERSEAS STATION WHERE HE HAD BEEN PROMOTED 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 WAS LOCATED WHEN HE RECEIVED HIS PERMANENT CHANGE OF STATION ORDERS. REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF TECHNICAL SERGEANT CHARLES M. IT APPEARS FROM THE FACTS SUBMITTED THAT THE CLAIMANT WAS TRANSFERRED FROM JACKSON BARRACKS AREA. WAS NOT MARRIED. HE RETURNED TO THE UNITED STATES ON ROUTINE FURLOUGH AND WAS MARRIED ON MAY 14. AT WHICH TIME HE WAS A TECHNICAL SERGEANT.

B-56695, MAY 3, 1946, 25 COMP. GEN. 747

TRANSPORTATION OF DEPENDENTS - PLACE FROM WHICH ENTITLED - PERSONNEL BECOMING ELIGIBLE WHILE OVERSEAS UNDER SECTION 4 (B) OF THE WARTIME ACT OF JUNE 5, 1942, AS AMENDED, RELATING TO THE TRANSPORTATION OF DEPENDENTS OF ARMY PERSONNEL UPON THEIR RETURN FROM RESTRICTED OVERSEAS STATIONS TO UNRESTRICTED STATIONS, AN ARMY ENLISTED MAN WHO WAS MARRIED WHILE ON ROUTINE FURLOUGH FROM HIS RESTRICTED OVERSEAS STATION WHERE HE HAD BEEN PROMOTED TO A GRADE ENTITLING HIM TO TRANSPORTATION OF DEPENDENTS IS ENTITLED, UPON RETURN TO A PERMANENT DUTY STATION IN THE UNITED STATES, TO TRANSPORTATION OF HIS DEPENDENT WIFE TO SUCH STATION FROM THE PLACE WHERE SHE WAS LOCATED WHEN HE RECEIVED HIS PERMANENT CHANGE OF STATION ORDERS.

ASSISTANT COMPTROLLER GENERAL YATES TO COL. CARL WITCHER, U.S. ARMY, MAY 3, 1946:

THERE HAS BEEN RECEIVED BY ENDORSEMENT OF MARCH 22, 1946, YOUR LETTER DATED MARCH 5, 1946, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF TECHNICAL SERGEANT CHARLES M. ROSENFELD, 32509050, COVERING CLAIM FOR REIMBURSEMENT OF COST OF TRANSPORTATION FOR HIS WIFE FROM RICHMOND HILL, LONG ISLAND, N.Y., TO FORT MACARTHUR, CALIF., THE TRAVEL HAVING BEEN PERFORMED BY RAIL UNDER THE CIRCUMSTANCES HEREINAFTER DESCRIBED.

IT APPEARS FROM THE FACTS SUBMITTED THAT THE CLAIMANT WAS TRANSFERRED FROM JACKSON BARRACKS AREA, NOPE, NEW ORLEANS, LA., TO DUTY OVERSEAS ( PANAMA , CANAL ZONE) ON OCTOBER 22, 1942, AT WHICH TIME HE HELD THE RANK OF PRIVATE, AND WAS NOT MARRIED; ALSO, THAT ON MAY 8, 1944, HE RETURNED TO THE UNITED STATES ON ROUTINE FURLOUGH AND WAS MARRIED ON MAY 14, 1944, AT WHICH TIME HE WAS A TECHNICAL SERGEANT. AT THE EXPIRATION OF HIS FURLOUGH HE RETURNED TO PANAMA, AND BY SPECIAL ORDERS DATED OCTOBER 31, 1944, HE WAS ORDERED TO THE UNITED STATES FOR REASSIGNMENT IN THE GRADE OF TECHNICAL SERGEANT. HE STATES THAT THE PORT OF ENTRY WAS WILMINGTON, CALIF., AND THAT HE LANDED THERE ON DECEMBER 4, 1944. THE CLAIMANT FURTHER STATES THAT HE WAS IMMEDIATELY SENT CAMP ANZA, CALIF., FOR PROCESSING, AND ON DECEMBER 7, 1944, WAS TRANSFERRED TO FORT DIX, N.J., FOR REDISTRIBUTION. SPECIAL ORDERS NO. 99, DATED DECEMBER 12, 1944, TRANSFERRED HIM TO AG AND SF REDISTRIBUTION STATION, LAKE PLACID CLUB, ESSEX COUNTY, N.Y., FOR PROCESSING AND REASSIGNMENT. A FURLOUGH EN ROUTE OF 22 DAYS WAS AUTHORIZED. SPECIAL ORDERS NO. 15, DATED JANUARY 15, 1945, TRANSFERRED TECHNICAL SERGEANT ROSENFELD TO DUTY AT FORT MACARTHUR, CALIF., AND HIS WIFE TRAVELED FROM LONG ISLAND TO FORT MACARTHUR BETWEEN THE DATES OF APRIL 23 TO 26, 1945.

BOTH THE ORDERS OF DECEMBER 12, 1944, AND JANUARY 15, 1945, CONTAINED THE DESIGNATION "1PCS," WHICH IT IS UNDERSTOOD ORDINARILY INDICATES AN ADMINISTRATIVE INTENT TO DIRECT A PERMANENT CHANGE OF STATION. SEE DECISION OF MARCH 10, 1945, TO THE SECRETARY OF WAR. 24 COMP. GEN. 667. HOWEVER, SINCE THE FIRST OF SUCH ORDERS CLEARLY CONTEMPLATED FURTHER ASSIGNMENT, AND IN FACT WAS FOLLOWED ALMOST IMMEDIATELY BY THE SECOND ORDER AT THE EXPIRATION OF AUTHORIZED FURLOUGH, IT EVIDENTLY CONSTITUTED ONLY A TEMPORARY CHANGE OF STATION, AND APPARENTLY HAS BEEN SO REGARDED ADMINISTRATIVELY. THUS, FORT MACARTHUR BECAME THE MAN'S FIRST PERMANENT DUTY STATION FOLLOWING HIS RETURN TO THE UNITED STATES.

WHILE TRANSPORTATION OF MILITARY PERSONNEL UNDER NORMAL CONDITIONS IS PROVIDED FOR BY PARAGRAPH 5 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366, FURTHER PROVISION FOR THEIR TRANSPORTATION DURING THE PRESENT WAR AND SIX MONTHS AFTER THE TERMINATION OF SUCH WAR IS CONTAINED IN THE ACT OF JUNE 5, 1942, 56 STAT. 314. SECTION 4 (B) OF SUCH WARTIME ACT, 56 STAT. 315, PROVIDES THAT WHEN MILITARY PERSONNEL ARE TRANSFERRED OR ASSIGNED TO DUTY AT PLACES WHERE THEIR DEPENDENTS ARE NOT, FOR MILITARY REASONS, PERMITTED TO ACCOMPANY THEM, DEPENDENTS FOR WHOM TRAVEL ALLOWANCES OR TRAVEL IS AUTHORIZED, MAY BE MOVED AT GOVERNMENT EXPENSE TO SUCH LOCATIONS AS MAY BE DESIGNATED BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED AND LATER FROM SUCH LOCATIONS TO A DUTY STATION TO WHICH SUCH OFFICER, WARRANT OFFICER, OR ENLISTED MAN MAY BE ASSIGNED AND AT WHICH SUCH RESTRICTIONS DO NOT APPLY.

SUCH ACT DOES NOT SPECIFICALLY COVER THE SITUATION OF PERSONNEL WHO MAY ACQUIRE DEPENDENTS AND BE PROMOTED TO GRADES ENTITLED TO TRANSPORTATION OF DEPENDENTS WHILE SERVING OVERSEAS. HOWEVER, SINCE IT GRANTS CERTAIN TRANSPORTATION BENEFITS WHEN PERSONNEL ARE TRANSFERRED TO DUTY OVERSEAS, AND SEPARATE TRANSPORTATION BENEFITS WHEN THEY RETURN, IT REASONABLY MAY NOT BE VIEWED AS INTENDING THAT PERSONNEL UPON RETURN TO PERMANENT DUTY IN THE UNITED STATES AND BEING THEN OTHERWISE ENTITLED TO TRANSPORTATION FOR 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 HAD DEPENDENTS AND WHO WERE ALREADY SERVING IN SUCH GRADES BEFORE LEAVING THE UNITED STATES. DECISION OF AUGUST 9, 1944, 24 COMP. GEN. 91, IT WAS HELD THAT AN ARMY OFFICER RETURNING FROM DUTY OVERSEAS WAS ENTITLED UNDER SUCH PROVISION OF THE WARTIME ACT TO REIMBURSEMENT OF THE COST OF TRANSPORTATION FOR HIS DEPENDENTS TO HIS NEW PERMANENT STATION IN THE UNITED STATES FROM THE PLACE HE ELECTED TO LEAVE THEM WHEN HE WAS ORDERED OVERSEAS. THUS, WHILE THE PRESENT CASE IS NOT ENTIRELY ANALOGOUS--- THE OFFICER IN THAT CASE BEING ENTITLED TO TRANSPORTATION OF DEPENDENTS WHEN HE WAS ORDERED OVERSEAS--- IT WAS RECOGNIZED THAT THE RIGHT TO TRANSPORTATION UNDER THE ACT UPON RETURN TO THE UNITED STATES WAS NOT CONTINGENT ON TRANSPORTATION HAVING BEEN FURNISHED UNDER THE ACT WHEN HE WAS ORDERED TO DUTY OVERSEAS.

IN DECISION OF APRIL 16, 1945, 24 COMP. GEN. 750, UPON CONSIDERATION OF SIMILAR WARTIME LEGISLATION RELATING TO NAVAL PERSONNEL, I.E., THE ACTS OF OCTOBER 14, 1942, 56 STAT. 786, AND NOVEMBER 28, 1943, 57 STAT. 593, IT WAS HELD THAT A MARINE CORPS ENLISTED MAN WHO WAS ORDERED TO DUTY BEYOND THE SEAS AS A SERGEANT, A GRADE NOT ENTITLING HIM TO TRANSPORTATION OF DEPENDENTS, AND WAS PROMOTED TO THE RANK OF WARRANT OFFICER WHILE SERVING OVERSEAS, WAS ENTITLED UPON RETURN TO THE UNITED STATES AND ASSIGNMENT TO A PERMANENT DUTY STATION, TO TRANSPORTATION OF HIS DEPENDENTS TO SUCH STATION FROM THE PLACE HE HAD ELECTED TO SEND THEM WHEN HE WAS ORDERED OVERSEAS, ALTHOUGH THEY HAD NOT BEEN, AND WERE NOT ENTITLED TO BE, TRANSPORTED TO THE SELECTED POINT OR ANY OTHER PLACE AT PUBLIC EXPENSE UNDER THOSE ACTS AT THAT TIME.

THEREFORE, IT IS CONCLUDED THAT UNDER THE PROVISIONS OF SECTION 4 (B) OF THE ACT OF JUNE 5, 1942, SUPRA, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 12, 1946, PUBLIC LAW 298, 79TH CONGRESS, 60 STAT. 5, SERGEANT ROSENFELD PROPERLY MAY BE REIMBURSED FOR THE COST OF HIS DEPENDENT'S TRANSPORTATION FROM THE PLACE WHERE SHE WAS LOCATED WHEN HE RECEIVED THE ORDERS OF JANUARY 15, 1945--- RICHMOND HILL, LONG ISLAND, NEW YORK--- TO FORT MACARTHUR, CALIFORNIA, THE PERMANENT STATION TO WHICH HE WAS ASSIGNED BY SUCH ORDERS.

PAYMENT ON THE VOUCHER RETURNED HEREWITH IS SO AUTHORIZED, IF OTHERWISE CORRECT.