B-100885, OCTOBER 8, 1952, 32 COMP. GEN. 173

B-100885, OCTOBER 8, 1952, 32 COMP. GEN. 173

PROXY MARRIAGES - VALIDITY IN VIEW OF THE DECISION OF THE COURTS OF THE STATE OF NEW YORK HOLDING THAT A PROXY MARRIAGE PERFORMED IN THE DISTRICT OF COLUMBIA IS VALID, SUCH A MARRIAGE, IF OTHERWISE PROPER, WILL BE RECOGNIZED BY THE GENERAL ACCOUNTING OFFICE AS A VALID MARRIAGE FOR PAY AND ALLOWANCE PURPOSES.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPTAIN JOHN A. MADDOX, U.S. ARMY, OCTOBER 8, 1952:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 28, 1950, WITH ENCLOSURES, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED SEPTEMBER 7, 1949, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR WIFE, MAXINE MADDOX, AND CERTAIN PERSONAL EFFECTS FROM HONOLULU, TERRITORY OF HAWAII, TO FORT BRAGG, NORTH CAROLINA, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS OF MAY 8, 1948.

THE RECORD SHOWS THAT BY ORDERS PO-5-45 ( AIR) DATED MAY 8, 1948, HEADQUARTERS, UNITED STATES ARMY, PACIFIC, APO 958, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT HEADQUARTERS AND HEADQUARTERS COMPANY, SCHOFIELD BARRACKS, APO 957, EFFECTIVE JUNE 7, 1948, OR AT SUCH TIME AS AIR TRANSPORTATION TO THE UNITED STATES SHOULD BE AVAILABLE AND ASSIGNED TO THE 82ND AIRBORNE DIVISION, FORT BRAGG, NORTH CAROLINA, WITH A DELAY ENROUTE OF 45 DAYS (CHARGEABLE TO ACCRUED LEAVE) UPON ARRIVAL IN THE CONTINENTAL UNITED STATES. FURTHER, IT APPEARS THAT YOU ARRIVED AT FAIRFIELD, SUISON AIR BASE, CALIFORNIA, VIA ATC ON JUNE 11, 1948, AND THAT ON JULY 20, 1948, YOU AND MAXINE ARDATH FEERY OF SUNSET BEACH, OAHU, TERRITORY OF HAWAII, WERE MARRIED BY A PROXY MARRIAGE CEREMONY PERFORMED IN THE DISTRICT OF COLUMBIA. ON THAT DATE THE COMMANDING GENERAL, UNITED STATES ARMY, PACIFIC, DENIED A REQUEST FOR YOUR WIFE'S TRANSPORTATION TO CONTINENTAL UNITED STATES AND AS A RESULT SHE TRAVELED FROM HONOLULU TO FORT BRAGG BETWEEN AUGUST 6 AND SEPTEMBER 4, 1948, AND PERSONAL EFFECTS, WEIGHING 289 POUNDS, WERE SHIPPED FROM CASTNER ( OAHU) HAWAII, TO FAYETTEVILLE, NORTH CAROLINA, BETWEEN AUGUST 5 AND SEPTEMBER 7, 1948, AT PERSONAL EXPENSE.

THE COURTS OF THE STATE OF NEW YORK NOW HAVE HELD THAT A PROXY MARRIAGE PERFORMED IN THE DISTRICT OF COLUMBIA IS VALID ( FERRARO V. FERRARO, 77 N.Y.S. 2ND 246, AFFIRMED ON APPEAL AS FERNANDES V. FERNANDES, 87 N.Y.S. 2ND 707), AND ON THE BASIS OF SUCH JUDICIAL DETERMINATION PROXY MARRIAGES PERFORMED IN THE DISTRICT OF COLUMBIA, IF OTHERWISE PROPER, NOW ARE CONSIDERED BY THIS OFFICE AS VALID MARRIAGES FOR THE PURPOSES OF PAY AND ALLOWANCES. FURTHER, IT HAS BEEN HELD THAT AN OFFICER WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION IS ENTITLED TO TRANSPORTATION OF DEPENDENTS ELIGIBLE THEREFOR ON THE EFFECTIVE DATE OF SUCH ORDERS. GIVING EFFECT TO THE LEAVE GRANTED YOU BY THE ORDERS OF MAY 8, 1948, THE EFFECTIVE DATE THEREOF, THAT IS, THE DATE ON WHICH YOU WERE REQUIRED TO COMMENCE TRAVEL TO YOUR NEW STATION, BY THE MEANS DIRECTED IN YOUR ORDERS, WAS JULY 26, 1948. 24 COMP. GEN. 927; 26 COMP. GEN. 339. SINCE ON THAT DATE YOU HAD A DEPENDENT (WIFE) FOR WHOM NO TRANSPORTATION BY GOVERNMENT FACILITIES WAS MADE AVAILABLE, YOU ARE ENTITLED TO REIMBURSEMENT FOR HER TRAVEL TO YOUR NEW STATION COMPUTED ON THE BASIS OF THE LOWEST FIRST CLASS FARE FROM HONOLULU TO SAN FRANCISCO, PLUS 4 CENTS PER MILE FOR THE DISTANCE FROM SAN FRANCISCO TO FORT BRAGG. LIKEWISE, YOU ARE ENTITLED TO REIMBURSEMENT FOR SHIPMENT OF 289 POUNDS OF PERSONAL EFFECTS FROM HONOLULU TO FORT BRAGG BASED ON WATER AND RAIL FREIGHT RATES IN EFFECT AT THE TIME OF SAID SHIPMENT.

A SETTLEMENT FOR THE AMOUNT FOUND DUE FOR TRAVEL OF YOUR DEPENDENT AND SHIPMENT OF YOUR PERSONAL EFFECTS, ON THE BASIS INDICATED ABOVE, WILL ISSUE IN DUE COURSE.