B-85418, MAY 20, 1949, 28 COMP. GEN. 668

B-85418: May 20, 1949

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WAS FURNISHED TRANSPORTATION IN HER OWN RIGHT AT GOVERNMENT EXPENSE FROM AN OVERSEAS STATION TO A POINT IN THE UNITED STATES AT A TIME WHEN THE OFFICER WAS ORDERED FROM AN OVERSEAS POST OF DUTY TO ONE IN THE UNITED STATES. THE OFFICER'S RIGHT TO REIMBURSEMENT UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 FOR TRAVEL PERFORMED BY HIS WIFE AT PERSONAL EXPENSE TO HIS NEW PERMANENT STATION IS LIMITED TO TRAVEL FROM THE LOCATION AT WHICH SHE WAS PLACED AT GOVERNMENT EXPENSE TO THE NEW STATION. REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED AS FOR TRAVEL BETWEEN SAID POINTS OR WHETHER REIMBURSEMENT SHOULD BE LIMITED TO THE AMOUNT DUE FOR TRAVEL FROM KANSAS CITY. CAPTAIN MOSES WAS RELIEVED FROM ASSIGNMENT AND DUTY AT 58TH QUARTERMASTER BASE DEPOT.

B-85418, MAY 20, 1949, 28 COMP. GEN. 668

TRANSPORTATION - DEPENDENTS - DEPENDENT TRAVEL AT GOVERNMENT EXPENSE - EXTENT OF REIMBURSEMENT WHERE AN ARMY OFFICER'S WIFE, A CIVILIAN EMPLOYEE, WAS FURNISHED TRANSPORTATION IN HER OWN RIGHT AT GOVERNMENT EXPENSE FROM AN OVERSEAS STATION TO A POINT IN THE UNITED STATES AT A TIME WHEN THE OFFICER WAS ORDERED FROM AN OVERSEAS POST OF DUTY TO ONE IN THE UNITED STATES, THE OFFICER'S RIGHT TO REIMBURSEMENT UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 FOR TRAVEL PERFORMED BY HIS WIFE AT PERSONAL EXPENSE TO HIS NEW PERMANENT STATION IS LIMITED TO TRAVEL FROM THE LOCATION AT WHICH SHE WAS PLACED AT GOVERNMENT EXPENSE TO THE NEW STATION, AND NOT FROM A MORE DISTANT POINT WHERE THE OFFICER AND HIS WIFE COMMENCED TRAVEL TO THE NEW STATION.

ASSISTANT COMPTROLLER GENERAL YATES TO COL. S. J. ADAMS, DEPARTMENT OF THE ARMY, MAY 20, 1949:

THERE HAS BEEN RECEIVED BY ENDORSEMENT DATED APRIL 14, 1949, YOUR LETTER OF DECEMBER 15, 1948, SUBMITTING VOUCHER IN FAVOR OF CAPTAIN DONALD A. MOSES, QMC, FOR REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENT (WIFE) FROM FORT MASON, CALIFORNIA, TO RICHMOND, VIRGINIA, AND REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED AS FOR TRAVEL BETWEEN SAID POINTS OR WHETHER REIMBURSEMENT SHOULD BE LIMITED TO THE AMOUNT DUE FOR TRAVEL FROM KANSAS CITY, MISSOURI, TO RICHMOND, VIRGINIA, THE TRAVEL HAVING BEEN PERFORMED UNDER THE CIRCUMSTANCES SHOWN BELOW.

BY LETTER ORDER NO. 1784 GSXP, DATED JULY 1, 1948, CAPTAIN MOSES WAS RELIEVED FROM ASSIGNMENT AND DUTY AT 58TH QUARTERMASTER BASE DEPOT, APO 900, RETURNED TO THE UNITED STATES, AND ASSIGNED TO DUTY AT RICHMOND GENERAL DEPOT, U.S. ARMY, RICHMOND, VIRGINIA, 30 DAYS' LEAVE EN ROUTE BEING AUTHORIZED. IT IS STATED THAT HE ARRIVED AT FORT MASON, CALIFORNIA, ON AUGUST 18, 1948. THAT HIS WIFE, WHO WAS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, TRAVELED FROM MANILA, PHILIPPINE ISLANDS, TO KANSAS CITY, MISSOURI, AT GOVERNMENT EXPENSE UPON COMPLETION OF HER TOUR OF DUTY; THAT SHE AND CAPTAIN MOSES TRAVELED BY PRIVATELY OWNED CONVEYANCE FROM THE LATTER PLACE TO RICHMOND, VIRGINIA, AUGUST 30 TO OCTOBER 2, 1948, AT PERSONAL EXPENSE.

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 THE NEW STATION FOR SUCH DEPENDENTS. HOWEVER, IT HAS BEEN HELD THAT THE STATUTES PROVIDING FOR TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL MAY NOT BE VIEWED AS CONTEMPLATING OR INTENDING THE INCLUSION OF AN OFFICER'S WIFE IN THE DEFINITION OF THE TERM "DEPENDENT" WHERE THE WIFE IS ENTITLED TO TRANSPORTATION IN HER OWN RIGHT WHEN ORDERED TO TRAVEL IN THE PUBLIC INTEREST. CF. B-56855, MAY 10, 1946, 25 COMP. GEN. 772; B-57780, MAY 24, 1946. IN THE PRESENT CASE THE OFFICER'S WIFE, A CIVILIAN EMPLOYEE OF THE GOVERNMENT, TRAVELED UNDER ORDERS DATED JULY 10, 1948, AT GOVERNMENT EXPENSE, FROM MANILA, P.I., TO KANSAS CITY, MISSOURI. WHILE IT IS STATED THAT AFTER PROCEEDING TO KANSAS CITY SHE RETURNED TO BERKELEY, CALIFORNIA, AND THEN TRAVELED WITH CAPTAIN MOSES TO HIS NEW STATION, RICHMOND, VIRGINIA, THE RETURN TRAVEL TO BERKELEY NECESSARILY IS TO BE REGARDED AS TRAVEL FOR PERSONAL REASONS. SINCE THE OFFICER'S DEPENDENT HAD BEEN FURNISHED TRANSPORTATION IN HER OWN RIGHT TO KANSAS CITY AT GOVERNMENT EXPENSE WHILE HE WAS UNDER ORDERS ASSIGNING HIM TO DUTY AT RICHMOND, HIS RIGHT TO REIMBURSEMENT FOR TRAVEL THENCE PERFORMED BY HER AT PERSONAL EXPENSE TO HIS NEW STATION WAS LIMITED TO TRAVEL FROM KANSAS CITY, THE LOCATION AT WHICH SHE HAD BEEN PLACED AT GOVERNMENT EXPENSE, TO SUCH STATION, AND REIMBURSEMENT FOR ANY TRAVEL FROM A MORE DISTANT POINT IS NOT AUTHORIZED.

ACCORDINGLY, THE VOUCHER TOGETHER WITH SUPPORTING PAPERS IS RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED NOT TO EXCEED THE AMOUNT DUE FOR TRAVEL FROM KANSAS CITY, MISSOURI, TO RICHMOND, VIRGINIA.