B-85077, MAY 11, 1949, 28 COMP. GEN. 642

B-85077, MAY 11, 1949, 28 COMP. GEN. 642

TRANSPORTATION - DEPENDENTS - HOME TO FIRST PERMANENT STATION - INTERVENING TEMPORARY DUTY WHERE AN ARMY RESERVE OFFICER WAS ORDERED TO ACTIVE DUTY AND DIRECTED TO PROCEED FROM HIS HOME TO A TEMPORARY STATION FOR A COURSE OF INSTRUCTION, AND UPON COMPLETION THEREOF WAS ORDERED TO A PERMANENT DUTY STATION, THE INITIAL ORDERS MAY BE CONSIDERED FOR PURPOSES OF DEPENDENT TRANSPORTATION AS DETACHING HIM FROM A PERMANENT STATION, SO THAT TRAVEL THEREUNDER MAY BE REGARDED AS INCIDENT TO A PERMANENT CHANGE OF STATION FOR WHICH REIMBURSEMENT IS AUTHORIZED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 FOR TRAVEL FROM HOME TO FIRST PERMANENT STATION BY THE DIRECT USUALLY TRAVELED ROUTE.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. GEORGE W. STUDEBAKER, DEPARTMENT OF THE ARMY, MAY 11, 1949:

THERE HAS BEEN RECEIVED BY INDORSEMENT DATED MARCH 29, 1949, YOUR LETTER OF MARCH 8, 1949, SUBMITTING VOUCHER IN FAVOR OF FIRST LIEUTENANT WILLIAM A. ATCHLEY, MC, FOR $51.88, REPRESENTING THE BALANCE ALLEGED TO BE DUE AS REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENT (WIFE) FROM NEW YORK, NEW YORK, TO ALBUQUERQUE, NEW MEXICO, VIA FORT SAM HOUSTON, TEXAS, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED UNDER THE CIRCUMSTANCES SHOWN BELOW.

BY PARAGRAPH 20, SPECIAL ORDERS NO. 99, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED MAY 17, 1948, FIRST LIEUTENANT ATCHLEY WAS ORDERED TO ACTIVE DUTY EFFECTIVE JUNE 25, 1948, AND DIRECTED TO PROCEED FROM HIS HOME, NEW YORK, NEW YORK, TO STUDENT DETACHMENT, MEDICAL FIELD SERVICE SCHOOL, BROOKE ARMY MEDICAL CENTER, FORT SAM HOUSTON, TEXAS, TO ATTEND A FOUR WEEK BASIC COURSE FOR MEDICAL DEPARTMENT OFFICERS. BY PARAGRAPH 55, SPECIAL ORDERS NO. 146, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED JULY 22, 1948, HE WAS RELIEVED FROM SAID STATION UPON COMPLETION OF THE COURSE, AND ASSIGNED TO ARMED FORCES SPECIAL WEAPONS PROJECT, SANDIA BASE, ALBUQUERQUE, NEW MEXICO, FOR DUTY. HIS WIFE TRAVELED FROM NEW YORK, NEW YORK, TO FORT SAM HOUSTON, TEXAS, THENCE TO ALBUQUERQUE, NEW MEXICO, JUNE 14 TO AUGUST 1, 1948, AT PERSONAL EXPENSE. REIMBURSEMENT IN THE SUM OF $29.36 COMPUTED ON THE BASIS OF TRAVEL FROM FORT SAW HOUSTON, TEXAS, TO ALBUQUERQUE, NEW MEXICO, WAS EFFECTED BY YOU ON VOUCHER 138 IN YOUR AUGUST 1948 ACCOUNTS. THE PRESENT VOUCHER IS ON THE BASIS OF TRAVEL FROM NEW YORK, NEW YORK, TO ALBUQUERQUE, NEW MEXICO, LESS THE PRIOR PAYMENT OF $29.36. SINCE THE CLAIMANT'S WIFE WAS AT THE TEMPORARY STATION WHEN HE RECEIVED THE ORDERS OF JULY 22, 1948, YOU QUESTION WHETHER FURTHER REIMBURSEMENT MAY BE MADE ON THE BASIS OF TRAVEL FROM HOME TO FIRST PERMANENT STATION LESS THE COST OF TRAVEL FROM THE TEMPORARY STATION TO THE PERMANENT STATION HERETOFORE PAID BY YOU.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366, PROVIDES, INTER ALIA, THAT WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN IN THE FIRST THREE PAY GRADES, HAVING DEPENDENTS AS DEFINED IN SECTION 4 OF THAT ACT, 56 STAT. 361, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION (OR REIMBURSEMENT IN LIEU THEREOF) TO HIS NEW STATION FOR SUCH DEPENDENTS, AND THAT THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN SAID SECTION 12 SHALL INCLUDE FOR RETIRED AND RESERVE PERSONNEL "THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY.' 22 COMP. GEN. 555; ID. 645. IT LONG HAS BEEN HELD THAT THE TRAVEL OF DEPENDENTS FROM A PERMANENT STATION SUBSEQUENT TO ORDERS DETACHING THE OFFICER OR ENLISTED MAN CONCERNED FROM THAT STATION WITHOUT ASSIGNING A NEW PERMANENT STATION MAY BE CONSIDERED AS INCIDENT TO A PERMANENT CHANGE OF STATION INITIATED TO THE DETACHING ORDERS IF AND WHEN COMPLETED BY THE ASSIGNMENT OF A NEW PERMANENT STATION, AT WHICH TIME REIMBURSEMENT IS AUTHORIZED FOR TRAVEL OF THE DEPENDENTS FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION, OR BETWEEN OTHER POINTS AT NO GREATER COST. 7 COMP. GEN. 664; 25 ID. 839. CF. 21 COMP. GEN. 958. SINCE, UNDER THE LAW, THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME FOR RETIRED AND RESERVE PERSONNEL ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY IS A "PERMANENT CHANGE OF STATION" FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS, IT REASONABLY FOLLOWS THAT WHERE A RETIRED OR RESERVE OFFICER, WARRANT OFFICER, OR ENLISTED MAN IN THE FIRST THREE PAY GRADES, HAVING DEPENDENTS AS DEFINED IN SECTION 4 OF THE CITED ACT, IS ORDERED TO PROCEED FROM HIS HOME TO A TEMPORARY DUTY STATION FOR ACTIVE DUTY OTHER THAN TRAINING, AND THE ORDERS DO NOT REQUIRE OR INDICATE RETURN TO HIS HOME UPON THE COMPLETION OF SUCH DUTY, SUCH ORDERS MAY BE REGARDED FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS AS DETACHING HIM FROM A PERMANENT STATION SO THAT TRAVEL OF DEPENDENTS COMMENCED THEREUNDER MAY BE REGARDED AS INCIDENT TO A PERMANENT CHANGE OF STATION FOR WHICH REIMBURSEMENT IS AUTHORIZED AS FOR TRAVEL FROM HOME TO FIRST PERMANENT STATION WHEN AND IF DUTY AT A PERMANENT STATION IS ASSIGNED.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, AND PAYMENT THEREON IS AUTHORIZED ON THE BASIS OF TRAVEL FROM HOME TO FIRST PERMANENT STATION BY THE DIRECT USUALLY TRAVELED ROUTE, LESS THE AMOUNT PREVIOUSLY PAID FOR TRAVEL FROM THE TEMPORARY STATION TO THE PERMANENT STATION.