B-102620, MAY 25, 1951, 30 COMP. GEN. 482

B-102620, MAY 25, 1951, 30 COMP. GEN. 482

MILEAGE - TRANSPORTATION OF DEPENDENTS - NAVAL RESERVE OFFICERS RELEASED FROM ACTIVE DUTY UNDER THE TRAVEL ALLOWANCE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, A NAVAL RESERVE OFFICER IS ENTITLED, UPON RELEASE FROM ACTIVE DUTY, TO MILEAGE AND TRANSPORTATION OF DEPENDENTS TO HIS HOME OF RECORD AT TIME OF BEING CALLED TO ACTIVE DUTY, AND THEREFORE SUCH AN OFFICER WHO IS RELEASED FROM ACTIVE DUTY AT THE PLACE OF HIS HOME OF RECORD WOULD NOT BE ENTITLED TO TRANSPORTATION FOR HIMSELF AND DEPENDENTS TO ANOTHER PLACE SELECTED BY HIM AS HIS HOME.

ASSISTANT COMPTROLLER GENERAL YATES TO HAROLD D. PADGETT, MAY 25, 1951:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 23, 1951, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 21, 1950, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE AND FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF DEPENDENT AND HOUSEHOLD EFFECTS FROM MCLEAN, VIRGINIA, TO SAN FRANCISCO, CALIFORNIA, UPON TERMINATION OF ACTIVE DUTY AS COMMANDER, UNITED STATES NAVAL RESERVE.

THE RECORD SHOWS THAT YOU WERE DETACHED FROM DUTY IN WASHINGTON, D.C., AND, UPON COMPLETION OF SEPARATION PROCESSING, RELEASED FROM ALL ACTIVE DUTY BY BUREAU OF NAVAL PERSONNEL ORDERS DATED AUGUST 6, 1947; THAT BY SECRETARY OF THE NAVY ORDERS DATED JANUARY 4, 1949, YOU WERE TRANSFERRED TO THE UNITED STATES NAVAL RESERVE RETIRED LIST; THAT APPARENTLY IN AUGUST 1949, YOU RETIRED AS A CIVILIAN EMPLOYEE OF THE UNITED STATES; THAT YOU AND YOUR WIFE TRAVELED FROM MCLEAN, VIRGINIA, TO SAN FRANCISCO, CALIFORNIA, AT PERSONAL EXPENSE AUGUST 26 TO SEPTEMBER 3, 1949, AND THAT YOUR HOUSEHOLD GOODS, WEIGHING 3,047 POUNDS, WERE SHIPPED FROM WASHINGTON, D.C., TO SAN FRANCISCO, CALIFORNIA, IN SEPTEMBER 1949, AT PERSONAL EXPENSE. THE SETTLEMENT OF APRIL 21, 1950, THE PENULTIMATE PARAGRAPH OF WHICH WAS NOT INTENDED TO CONVEY THE IMPRESSION THAT YOUR CURRENT ADDRESS, WHETHER RECORDED IN THE DEPARTMENT OF THE NAVY OR NOT, IS IN ANY WAY MATERIAL TO THE MATTER UNDER CONSIDERATION, DISALLOWED YOUR CLAIM FOR MILEAGE AND FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF YOUR WIFE AND HOUSEHOLD EFFECTS FOR THE REASON THAT YOUR HOME OF RECORD WHEN ORDERED TO ACTIVE DUTY, AS SHOWN BY THE RECORDS OF THE BUREAU OF NAVAL PERSONNEL, WAS WASHINGTON, D.C. IN YOUR PRESENT LETTER YOU STATE THAT YOUR HOME ORIGINALLY WAS CALIFORNIA; THAT YOU NOW CLAIM SAN FRANCISCO, CALIFORNIA, AS YOUR HOME BY VIRTUE OF ACTUAL RESIDENCE THERE SINCE SEPTEMBER 1949, AND BY REASON OF HAVING NOTIFIED THE COMMANDANT OF THE 12TH NAVAL DISTRICT OF YOUR SELECTION OF SAN FRANCISCO AS YOUR HOME (WHICH YOU BELIEVE YOU WERE ENTITLED TO DO UNDER APPLICABLE REGULATIONS), AND THAT YOU PRESUME NAVY DEPARTMENT RECORDS NOW SHOW YOUR HOME AS SAN FRANCISCO.

PARAGRAPH 1, SECTION 12, OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED BY SECTION 202 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 858, 859, PROVIDES FOR THE PAYMENT OF MILEAGE TO OFFICERS TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, INCLUDING TRAVEL FROM LAST STATIONS TO HOME IN CONNECTION WITH RELIEF FROM ACTIVE DUTY. SAID SECTION 12 FURTHER PROVIDES THAT WHEN ANY OFFICER HAVING DEPENDENTS AS DEFINED IN SECTION 4 OF THAT ACT, 56 STAT. 361, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION INCLUDING FOR RESERVE PERSONNEL THE CHANGE FROM LAST STATION TO HOME UPON RELIEF FROM ACTIVE DUTY, THE UNITED STATES SHALL FURNISH TRANSPORTATION TO THE NEW STATION FOR SUCH DEPENDENTS OR REIMBURSEMENT MAY BE AUTHORIZED FOR TRAVEL COMPLETED AT PERSONAL EXPENSE. ARTICLE 8070, U.S. NAVAL TRAVEL INSTRUCTIONS, IN EFFECT WHEN THE TRAVEL HERE INVOLVED WAS PERFORMED, PROVIDES THAT THE "HOME" IS THE OFFICIAL RESIDENCE OF RECORD WHEN ORDERED TO ACTIVE DUTY. WHEN YOUR HOUSEHOLD GOODS WERE SHIPPED THERE WAS IN EFFECT PARAGRAPH IF OF UNIFORM HOUSEHOLD REGULATIONS ( EXECUTIVE ORDER 10053, DATED APRIL 20, 1949) PROMULGATED PURSUANT TO THE ACT OF AUGUST 2, 1946, 60 STAT. 853, PROVIDING FOR THE SHIPMENT OF HOUSEHOLD EFFECTS OF RESERVE OFFICERS FROM LAST STATION TO HOME UPON RELIEF FROM ACTIVE DUTY. PARAGRAPH D OF SAID REGULATIONS PROVIDES THAT "HOME" IS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY EXCEPT THAT IN CONNECTION WITH RETIRED MEMBERS OF THE REGULAR SERVICES, HOME MEANS THE PLACE WHICH SUCH INDIVIDUAL SELECTS AS HIS HOME. IT LONG HAS BEEN HELD THAT THE HOME OF A RESERVIST IS THE PLACE DESIGNATED BY HIM AS HIS HOME AT THE TIME HE WAS ORDERED TO ACTIVE DUTY AND OFFICIALLY RECORDED AT THAT TIME AS HIS HOME. 22 COMP. GEN. 555; 23 ID. 967, AND 24 ID. 291.

THE DEPARTMENT OF THE NAVY, BUREAU OF NAVAL PERSONNEL, HAS ADVISED THIS OFFICE THAT WASHINGTON, D.C., WAS RECORDED BY THAT BUREAU AS YOUR HOME WHEN YOU WERE ORDERED TO ACTIVE DUTY ON APRIL 10, 1941, AND THAT IN RESPONSE TO TWO SEPARATE REQUESTS FROM YOU FOR RECONSIDERATION OF THE DETERMINATION OF YOUR HOME OF RECORD YOU WERE ADVISED UNDER DATES OF SEPTEMBER 8 AND NOVEMBER 17, 1949, THAT THE BUREAU CONSIDERED WASHINGTON, D.C. YOUR HOME OF RECORD AT THE TIME IN QUESTION. SINCE YOU WERE RELIEVED FROM ACTIVE DUTY IN WASHINGTON, D.C., WHICH CITY WAS RECORDED IN THE NAVY DEPARTMENT AS YOUR HOME WHEN YOU WERE ORDERED TO ACTIVE DUTY, THERE IS NO LEGAL BASIS FOR THE PAYMENT FROM PUBLIC FUNDS OF ANY PART OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF APRIL 21, 1950, IS SUSTAINED.