A-79829, SEPTEMBER 11, 1936, 16 COMP. GEN. 228

A-79829, SEPTEMBER 11, 1936, 16 COMP. GEN. 228

TRANSPORTATION - DEPENDENTS - RETIRED ARMY PERSONNEL - DELAYED TRAVEL THE RIGHT OF AN OFFICER OR ENLISTED MAN OF THE ARMY TO PAYMENT FOR THE COST OF TRANSPORTATION OF HIS DEPENDENTS FROM HIS LAST DUTY STATION TO HIS HOME UPON RETIREMENT UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF JUNE 24, 1935, 49 STAT. 421, IS NO GREATER THAN THAT SECURED BY HIM INCIDENT TO HIS OWN TRAVEL, AND PAYMENT OF SUCH COST IS NOT AUTHORIZED WHERE THE TRAVEL WAS NOT COMMENCED BY THE DEPENDENTS WITHIN ONE YEAR FROM THE DATE OF RETIREMENT.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJ. E. C. MORTON, UNITED STATES ARMY, SEPTEMBER 11, 1936:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF OF FINANCE YOUR LETTER OF JULY 29, 1936, TRANSMITTING VOUCHER IN THE SUM OF $179.43, IN FAVOR OF TECHNICAL SERGEANT OSCAR ANDERSON, UNITED STATES ARMY, RETIRED, COVERING TRANSPORTATION OF DEPENDENTS FROM COLUMBUS, OHIO, TO MCMINNVILLE, OREG.

BY PARAGRAPH 25, S.O. 127, DATED WAR DEPARTMENT, MAY 31, 1935, TECHNICAL SERGEANT OSCAR ANDERSON, DEML, THEN ON DUTY WITH THE R.O.T.C., OHIO STATE UNIVERSITY, COLUMBUS, OHIO, WAS PLACED ON THE RETIRED LIST EFFECTIVE MAY 31, 1935, AND WAS DIRECTED TO BE SENT TO HIS HOME. THE VOUCHER SUBMITTED WITH YOUR LETTER REPRESENTS THE COMMERCIAL COST OF TRANSPORTATION FOR A LAWFUL WIFE AND A 14-YEAR OLD SON FROM COLUMBUS, OHIO, TO MCMINNVILLE, OREG., AND IT IS REPORTED THE TRAVEL WAS PERFORMED BY THE DEPENDENTS BETWEEN JUNE 30 AND JULY 12, 1936. THE QUESTION PRESENTED IS WHETHER PAYMENT OF TRANSPORTATION EXPENSES OF DEPENDENTS FROM THE LAST DUTY STATION TO THE HOME OF A RETIRED ENLISTED MAN UPON RETIREMENT IS AUTHORIZED WHERE THE TRAVEL WAS COMMENCED MORE THAN A YEAR AFTER RETIREMENT. SECTION 3 OF THE ACT OF JUNE 24, 1935, 49 STAT. 421,PROVIDES:

DURING THE FISCAL YEAR 1935 AND THEREAFTER, THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN SECTION 12 OF THE ACT APPROVED MAY 18, 1920 (41 STAT. 604), AS AMENDED, SHALL BE HELD TO INCLUDE THE HOME OF AN OFFICER OR MAN TO WHICH HE IS ORDERED IN CONNECTION WITH RETIREMENT.

WITH RESPECT TO TRAVEL OF AN OFFICER WHO IS RETIRED, OR WHO IS RELIEVED FROM ACTIVE DUTY AND DIRECTED TO PROCEED TO HIS HOME, THE TRAVEL MUST BE PERFORMED WITHIN 1 YEAR TO ENTITLE HIM TO MILEAGE (8 COMP. GEN. 327, 331, AND CASES CITED THEREIN); AR 35-4830, PARAGRAPH 1 (B) (4) (A), AND IT HAS BEEN HELD THAT A RETIRED ENLISTED MAN OF THE ARMY AUTHORIZED TO TRAVEL TO HIS HOME BY PRIVATELY OWNED AUTOMOBILE, WHO ACTUALLY COMMENCED TRAVEL THERETO ON THE LAST DAY OF THE YEAR FOLLOWING HIS RETIREMENT, IS ENTITLED TO MILEAGE FOR THE ENTIRE DISTANCE TO HIS HOME, NOTWITHSTANDING THE TRAVEL IS NOT COMPLETED UNTIL AFTER THE EXPIRATION OF 1 YEAR SUBSEQUENT TO THE EFFECTIVE DATE OF RETIREMENT, 15 COMP. GEN. 987.

IT HAS BEEN HELD THAT TRANSPORTATION FURNISHED DEPENDENTS ON CHANGE OF STATION UNDER SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, SHOULD BE WITHIN A REASONABLE TIME AFTER THE ISSUANCE OF ORDERS THEREFOR, AND THAT WHAT WAS A REASONABLE TIME WAS IN THE FIRST INSTANCE A MATTER FOR DETERMINATION BY THE HEADS OF THE DEPARTMENTS WHOSE PERSONNEL WERE WITHIN THE ACT; 1 COMP. GEN. 0; ALSO, THAT THE SAME RULE APPLIED WITH RESPECT TO TRAVEL OF DEPENDENTS WHERE PAYMENT IN MONEY WAS AUTHORIZED EQUAL TO THE COMMERCIAL COST OF SUCH TRANSPORTATION UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631. 2 COMP. GEN. 116; 4 ID. 41; 7 ID. 258.

THE RIGHT OF AN OFFICER OR ENLISTED MAN TO MILEAGE FOR ORDERED TRAVEL TO HIS HOME WITHIN 1 YEAR FROM DATE OF RETIREMENT IS PREDICATED PRIMARILY UPON A DETERMINATION THAT TRAVEL WITHIN ONE YEAR UNDER CIRCUMSTANCES OF RETIREMENT IS A "REASONABLE TIME.' IN 8 COMP. GEN. 327, IT WAS STATED, PAGE 330:

* * * WHERE AN OFFICER REMAINS AT THE PLACE AT WHICH RETIRED FOR A YEAR AFTER RETIREMENT, THAT PLACE, FOR THE PURPOSE OF MILEAGE FOR TRAVEL TO HIS HOME ON RETIREMENT, IS TO BE TREATED AS HIS HOME, BY THE FACT OF HIS REMAINING THERE, NO MATTER WHAT THE CAUSE, AND THE OFFICER'SSTATEMENTS TO THE CONTRARY EITHER AT THE TIME OF RETIREMENT OR AFTERWARDS, DO NOT CHANGE THE FACT THAT IT WAS HIS PLACE OF RESIDENCE FOR A YEAR, A PLACE OF RESIDENCE WHICH HE MAY CHANGE IF HE SO DESIRED, BUT IF SO CHANGED OVER A YEAR AFTERWARDS, GIVES NO MORE RIGHT TO MILEAGE UNDER HIS RETIREMENT ORDER THAN SUBSEQUENT CHANGES IN HIS PLACE OF RESIDENCE.

THE RIGHT OF AN OFFICER OR ENLISTED MAN OF THE ARMY TO PAYMENT FOR THE COST OF TRANSPORTATION OF HIS DEPENDENTS FROM HIS LAST DUTY STATION TO HIS HOME UPON RETIREMENT UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF JUNE 24, 1935, IS MERELY COEXTENSIVE WITH, AND NO GREATER THAN THE RIGHTS SECURED BY HIM INCIDENT TO HIS OWN TRAVEL. HE IS PROPERLY DENIED MILEAGE WHERE TRAVEL COMMENCES MORE THAN 1 YEAR AFTER THE ORDERS TO PROCEED HOME UPON RETIREMENT, AND BASED UPON THE SAME REASONING, HE IS NOT ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE WHERE THEY DID NOT COMMENCE TRAVEL WITHIN 1 YEAR FROM THE DATE OF THE ORDER. PAYMENT OF THE VOUCHER IS NOT AUTHORIZED.