B-66073, JUNE 13, 1947, 26 COMP. GEN. 925

B-66073: Jun 13, 1947

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1947: REFERENCE IS MADE TO YOUR LETTER OF APRIL 30. REQUESTING DECISION AS TO WHETHER RETIRED AND RESERVE NAVAL PERSONNEL ARE AUTHORIZED TO MOVE THEIR HOUSEHOLD EFFECTS AT PUBLIC EXPENSE FROM THEIR HOMES OF RECORD TO PLACES SELECTED BY THE OFFICER OR ENLISTED MAN CONCERNED UPON TERMINATION OF ACTIVE DUTY. IT IS STATED THAT THE QUESTION IS RAISED BY NUMEROUS EXCEPTIONS TAKEN BY THE AUDIT DIVISION OF THE GENERAL ACCOUNTING OFFICE IN THE ACCOUNTS OF NAVY DISBURSING OFFICERS TO PAYMENTS FOR MOVING HOUSEHOLD EFFECTS AS INDICATED. IT IS STATED THAT THE DECISION OF AUGUST 1. WHICH WAS CITED AS THE AUTHORITY FOR SUCH EXCEPTIONS. IS NOT APPLICABLE SINCE IT WAS BASED ON ARMY REGULATIONS DIFFERING MATERIALLY FROM THE NAVY REGULATIONS COVERING SUCH SHIPMENTS.

B-66073, JUNE 13, 1947, 26 COMP. GEN. 925

TRANSPORTATION - HOUSEHOLD EFFECTS - HOME TO PLACE SELECTED UPON RELEASE FROM NAVAL SERVICE NAVY REGULATIONS--- HAVING THE FORCE AND EFFECT OF LAW--- RELATING TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF RETIRED AND RESERVE NAVY PERSONNEL BETWEEN ANY POINTS UPON THE TERMINATION OF ACTIVE DUTY, SUBJECT TO CERTAIN COST LIMITATIONS, MAY NOT BE REGARDED AS AUTHORIZING THE TRANSPORTATION FROM THE HOME OF RECORD TO SELECTED PLACES UPON THE TERMINATION OF ACTIVE DUTY OF HOUSEHOLD EFFECTS WHICH HAD NOT BEEN TRANSPORTED FROM THE HOME OF RECORD OR ACQUIRED AND USED AT A POINT AWAY FROM THE HOME OF RECORD DURING THE PERIOD OF ACTIVE DUTY. 26 COMP. GEN. 70, AMPLIFIED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JUNE 13, 1947:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 30, 1947 (FILE JAG.11.WJG.MH, L19/L21), REQUESTING DECISION AS TO WHETHER RETIRED AND RESERVE NAVAL PERSONNEL ARE AUTHORIZED TO MOVE THEIR HOUSEHOLD EFFECTS AT PUBLIC EXPENSE FROM THEIR HOMES OF RECORD TO PLACES SELECTED BY THE OFFICER OR ENLISTED MAN CONCERNED UPON TERMINATION OF ACTIVE DUTY. IT IS STATED THAT THE QUESTION IS RAISED BY NUMEROUS EXCEPTIONS TAKEN BY THE AUDIT DIVISION OF THE GENERAL ACCOUNTING OFFICE IN THE ACCOUNTS OF NAVY DISBURSING OFFICERS TO PAYMENTS FOR MOVING HOUSEHOLD EFFECTS AS INDICATED. ALSO, IT IS STATED THAT THE DECISION OF AUGUST 1, 1946, B 58897, 26 COMP. GEN. 70, WHICH WAS CITED AS THE AUTHORITY FOR SUCH EXCEPTIONS, IS NOT APPLICABLE SINCE IT WAS BASED ON ARMY REGULATIONS DIFFERING MATERIALLY FROM THE NAVY REGULATIONS COVERING SUCH SHIPMENTS. HOWEVER, REQUEST IS MADE THAT IF IT SHOULD BE HELD THAT SUCH MOVEMENT OF HOUSEHOLD EFFECTS IS NOT AUTHORIZED AT PUBLIC EXPENSE, ACTION BE TAKEN LOOKING TO THE PASSING TO CREDIT OF SUCH ERRONEOUS PAYMENTS, PARTICULARLY THOSE WHICH WERE PAID PRIOR TO AUGUST 1, 1946, THE DATE OF THE ABOVE-CITED DECISION.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, 364, 366, REENACTED THE AUTHORITY THERETOFORE CONTAINED IN SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, EXTENDING TO THE PERSONNEL OF THE NAVY THE BENEFIT OF THE LAWS APPLYING TO THE ARMY AND THE MARINE CORPS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS. SINCE THE BASIC STATUTORY PROVISION FOR TRANSPORTING HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS RATHER IN THE NATURE OF AN AUTHORIZATION TO THE SECRETARY OF WAR AND, BY ASSIMILATION, TO THE SECRETARY OF THE NAVY, TO USE FUNDS APPROPRIATED FOR SUCH PURPOSE WITHOUT PRESCRIBING OR LIMITING THE CONDITIONS OR CIRCUMSTANCES OF SUCH USE, THE REGULATIONS ISSUED BY THE HEAD OF THE DEPARTMENT CONCERNED, GOVERNING THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF OFFICERS AND CERTAIN ENLISTED MEN UPON ORDERS TO MAKE A PERMANENT CHANGE OF STATION, HAVE THE FORCE AND EFFECT OF LAW.

ARTICLE 29030-1, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, NOW IN EFFECT, PROVIDES:

UPON TERMINATION OF ACTIVE DUTY OR TEMPORARY ACTIVE DUTY TO WHICH ORDERED, NAVAL RESERVE PERSONNEL, RETIRED PERSONNEL OF THE REGULAR NAVY AND NAVAL RESERVE, AND MEMBERS OF THE FLEET RESERVE ARE AUTHORIZED TO SHIP PERMANENT OR TEMPORARY CHANGE OF STATION ALLOWANCES, AS THE CASE MAY BE, BETWEEN ANY POINTS, BUT LIMITED IN COST TO SHIPMENT OF THE SAME WEIGHT WITHIN THE ALLOWANCE FROM THE PLACE OF DUTY TO THE HOME OF RECORD AT THE TIME SUCH PERSONNEL WERE ORDERED TO ACTIVE DUTY, OR, IF THE LAST DUTY WAS SEA DUTY ABROAD, FROM THE PLACE WHERE EFFECTS WERE SHIPPED WHEN THE PERSONS WERE ORDERED TO SEA DUTY OR DUTY ABROAD TO SUCH HOME OF RECORD. THE SAME PROVISIONS APPLY TO NAVAL RESERVE PERSONNEL ON ACTIVE DUTY WHO ARE HONORABLY DISCHARGED (NOT DUE TO OWN MISCONDUCT), OR WHO ARE RETIRED AND RELEASED FROM ACTIVE DUTY.

WITH RESPECT TO ARMY REGULATIONS WHICH AUTHORIZED TRANSPORTATION OF HOUSEHOLD GOODS "FROM ANY POINTS TO ANY POINTS," UPON PERMANENT CHANGE OF STATION, AND "TO THE HOME OR TO ANY PLACE SELECTED, PROVIDED THE COST OF SHIPMENT TO THE PLACE SELECTED IS NO GREATER THAN TO THE PLACE DESIGNATED AS THE HOME WHEN CALLED TO ACTIVE DUTY," UPON TERMINATION OF ACTIVE DUTY IN EXCESS OF 61 DAYS, IT WAS HELD IN THE DECISION OF AUGUST 1, 1946, 26 COMP. GEN. 70, REFERRED TO BY YOU, THAT SUCH REGULATIONS CONTEMPLATE THAT THE RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS SHALL ACCRUE UPON RELEASE FROM ACTIVE DUTY ONLY AS TO "SUCH HOUSEHOLD EFFECTS AS ARE AT THAT TIME AT A POINT OTHER THAN THE HOME OF RECORD OF THE OFFICER OR ENLISTED MAN CONCERNED AND MAY NOT BE CONSIDERED AS AUTHORIZING TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM THE HOME OF RECORD TO A SELECTED PLACE UPON RELIEF FROM ACTIVE DUTY.'

SINCE, UPON RELEASE FROM ACTIVE DUTY, THE HOUSEHOLD EFFECTS REQUIRED TO BE MOVED INCIDENT TO AN OFFICER'S ACTIVE SERVICE NECESSARILY WOULD BE THOSE MOVED FROM HIS HOME FOLLOWING ORDERS TO ACTIVE DUTY, OR ACQUIRED AND USED AT A POINT AWAY FROM HIS HOME DURING THE PERIOD OF SUCH ACTIVE SERVICE, IT WOULD APPEAR THAT THE ABOVE-QUOTED RULE APPLIES WITH EQUAL FORCE TO THE TRANSPORTATION AT GOVERNMENT EXPENSE OF THE HOUSEHOLD EFFECTS OF OFFICER PERSONNEL OF THE NAVY. THE MOVEMENT--- AFTER THE RECEIPT OF ORDERS RELEASING HIM FROM ACTIVE DUTY--- OF HOUSEHOLD EFFECTS WHICH HAVE NOT BEEN BROUGHT INTO THE SERVICE FROM AN OFFICER'S OR ENLISTED MAN'S HOME OF RECORD HAS NO CONNECTION WITH THE OFFICER'S ORDERS TO ACTIVE DUTY OR RELEASE THEREFROM, AND BEING PURELY A MOVE FOR PERSONAL REASONS, GOVERNMENT FUNDS OBVIOUSLY MAY NOT BE OBLIGATED FOR SUCH SERVICES. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE NEGATIVE. FURTHERMORE, SINCE THERE IS NOT AUTHORITY TO OBLIGATE GOVERNMENT FUNDS FOR THE MOVEMENT OF THE HOUSEHOLD EFFECTS OF RETIRED AND RESERVE NAVY PERSONNEL ORDERED TO ACTIVE DUTY FROM THEIR HOMES OF RECORD AFTER RECEIPT OF ORDERS FOR RELIEF FROM SUCH ACTIVE DUTY, YOU ARE ADVISED THAT THIS OFFICE WOULD NOT BE WARRANTED IN DIRECTING THE PASSING TO CREDIT OF PAYMENTS HERETOFORE MADE ERRONEOUSLY AND WITHOUT AUTHORITY OF LAW BY NAVY DISBURSING OFFICERS FOR SUCH SERVICES.