B-87458, AUGUST 18, 1949, 29 COMP. GEN. 86

B-87458, AUGUST 18, 1949, 29 COMP. GEN. 86

TRANSPORTATION OF DEPENDENTS OF DECEASED NAVAL PERSONNEL THE HOLDING OF THIS OFFICE IN 28 COMP. GEN. 270 TO THE EFFECT THAT TRANSPORTATION OF DEPENDENTS INCIDENT TO THE DEATH OR INJURY OF NAVAL PERSONNEL IS NOT AUTHORIZED UNDER SECTION 12 OF THE MISSING PERSONS ACT OF 1942, UNLESS THE INJURY OR DEATH WAS THE RESULT OF MILITARY OR NAVAL OPERATIONS, WILL NOT BE REGARDED AS MODIFYING AN EARLIER DECISION (A 24108, SEPTEMBER 19, 1928) WHICH AUTHORIZED THE TRANSPORTATION OF DEPENDENTS OF NAVAL PERSONNEL WHO DIED OVERSEAS FROM OVERSEAS STATIONS TO THE HOME OR PLACE OF BURIAL IN THE UNITED STATES.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, AUGUST 18, 1949:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 17, 1949, WITH ENCLOSURES, REQUESTING DECISION AS TO WHETHER TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM OVERSEAS STATIONS TO HOME OR PLACE OF BURIAL OF NAVAL PERSONNEL INCIDENT TO THE DEATH OF SUCH PERSONNEL AT SUCH OVERSEAS STATIONS.

BY DECISION OF SEPTEMBER 19, 1928, A-24108, THE THEN SECRETARY OF THE NAVY WAS ADVISED THAT "NO QUESTION WILL BE RAISED IN THE AUDIT WHERE TRANSPORTATION FOR DEPENDENTS IS FURNISHED DEPENDENTS FROM AN OVERSEAS STATION AT WHICH THE OFFICER OR ENLISTED MAN DIED TO HIS HOME OR PLACE OF BURIAL IN THE UNITED STATES.' YOU QUESTION WHETHER SAID DECISION WAS MODIFIED BY DECISION OF OCTOBER 28, 1948, B-51701, 28 COMP. GEN. 270, IN WHICH IT WAS HELD THAT TRANSPORTATION OF DEPENDENTS AS INCIDENT TO INJURY OR DEATH OF THE PERSONNEL INVOLVED WAS THE RESULT OF MILITARY OR NAVAL OPERATIONS.

THE DECISIONS, B-51701, JANUARY 10, 1946, MAY 14, 1947, AND OCTOBER 28, 1948, CONCERNED THE RIGHT OF A DEPENDENT OF A NAVY LIEUTENANT WHOSE DEATH OCCURRED AT AN OVERSEAS STATION TO TRANSPORTATION INCIDENT TO SUCH DEATH BETWEEN POINTS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES UNDER SECTION 12 OF THE MISSING PERSONS ACT OF MARCH 7, 1942, 56 STAT. 145, 146, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE DEPENDENTS OF ANY PERSON ON ACTIVE DUTY WHO IS OFFICIALLY REPORTED AS INJURED, DEAD, MISSING AS THE RESULT OF MILITARY OR NAVAL OPERATIONS, INTERNED IN A NEUTRAL COUNTRY, OR CAPTURED BY THE ENEMY, MAY BE MOVED TO THE OFFICIAL RESIDENCE OF RECORD OF SUCH PERSON, OR, UPON APPLICATION BY SUCH DEPENDENTS, TO SUCH OTHER LOCATION AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED OR BY SUCH PERSON AS HE MAY DESIGNATE. SAID DECISION WAS NOT INTENDED TO, AND DID NOT, MODIFY THE DECISION OF SEPTEMBER 19, 1928, AUTHORIZING THE RETURN OF DEPENDENTS FROM OVERSEAS STATIONS TO THE UNITED STATES INCIDENT TO THE DEATH AT SUCH STATIONS OF THE PERSONNEL UPON WHOM THEY ARE DEPENDENT. SEE B 21881 OF DECEMBER 22, 1941; CF. 4 COMP. GEN. 653.