B-107808, FEBRUARY 29, 1952, 31 COMP. GEN. 433

B-107808, FEBRUARY 29, 1952, 31 COMP. GEN. 433

TRANSPORTATION - DEPENDENTS - MILITARY, NAVAL, ETC., PERSONNEL WHILE UNDER JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS 5 YEARS OF AGE OR OVER AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION, A NAVY ENLISTED MAN WHOSE RIGHT TO TRANSPORTATION OF DEPENDENTS ACCRUED WHILE HIS CHILD, BECAUSE OF AGE, COULD HAVE TRAVELED FREE BY COMMON CARRIER BUT SUCH TRAVEL WAS NOT PERFORMED UNTIL AFTER THE CHILD BECAME 5 YEARS OF AGE, IS NOT ENTITLED TO TRANSPORTATION OF THE CHILD AT GOVERNMENT EXPENSE.

COMPTROLLER GENERAL WARREN TO PAUL D. O-NEILL, DEPARTMENT OF THE NAVY, FEBRUARY 29, 1952:

THERE HAS BEEN RECEIVED BY FIRST ENDORSEMENT DATED JANUARY 25, 1952, YOUR LETTER, SERIAL D1-52, N4.4/GRH. L20, DATED JANUARY 24, 1952, ENCLOSING A COPY OF A VOUCHER IN FAVOR KENNETH V. HUBBARD, GH2, USN, FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND FOR HIS DEPENDENTS (WIFE AND TWO CHILDREN) FROM SAN DIEGO, CALIFORNIA, TO NORFOLK, VIRGINIA, AND REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED FOR THE TRAVEL OF THE YOUNGER CHILD UNDER THE CIRCUMSTANCES SHOWN. ALSO, YOU REQUEST DECISION AS TO WHETHER PAYMENT MAY BE MADE ON THREE ADDITIONAL TYPES OF CLAIMS FOR WHICH VOUCHERS AND SUPPORTING PAPERS HAVE NOT BEEN SUBMITTED.

THE CIRCUMSTANCES SHOWN IN THE HUBBARD CLAIM ARE THAT BY LETTER DATED JUNE 23, 1951, THE CHIEF OF NAVAL OPERATIONS ADVISED THE CHIEF, BUREAU OF SHIPS, THAT THE HOME YARD OF THE LSMR-405 WOULD BE CHANGED FROM MARE ISLAND, CALIFORNIA, TO NORFOLK, VIRGINIA, EFFECTIVE JULY 23, 1951; THAT THE CLAIMANT WAS SERVING ABOARD SAID VESSEL WHEN THE AUTHORIZATION FOR CHANGE OF HOME PORT WAS ISSUED AND, PRESUMABLY, ON JULY 23, 1951, WHEN THE CHANGE BECAME EFFECTIVE; THAT HIS DEPENDENTS WERE LOCATED AT SAN DIEGO, CALIFORNIA, WHEN THE CHANGE OF HOME YARD WAS EFFECTED, AND THAT THEY TRAVELED FROM SAN DIEGO, CALIFORNIA, TO NORFOLK, VIRGINIA, OCTOBER 2, TO NOVEMBER 20, 1951. YOU REQUEST AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED FOR THE YOUNGER CHILD'S TRAVEL SINCE HE BECAME 5 YEARS OF AGE WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THE CHANGE OF THE HOME YARD.

WHILE YOUR REQUEST FOR DECISION IN THE HUBBARD CASE IS NOT ACCOMPANIED BY A VOUCHER PRESENTED TO YOU FOR PAYMENT, SINCE IT APPEARS FROM THE UNSIGNED COPY FURNISHED THAT SUCH A VOUCHER IS BEFORE YOU FOR PAYMENT, DECISION WILL BE RENDERED AS TO THE LEGALITY OF PAYMENT ON THAT VOUCHER. HOWEVER, SINCE YOUR REQUEST FOR DECISION AS TO WHETHER PAYMENT IS AUTHORIZED UNDER THE FURTHER CIRCUMSTANCES SET FORTH IN YOUR LETTER APPEARS TO BE BASED ON HYPOTHETICAL CASES, DECISION THEREON IS NOT AUTHORIZED. SEE PARAGRAPH 52002-2A (1), BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, AND 21 COMP. GEN. 83.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES "WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION" SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND AT A RATE TO BE PRESCRIBED; THAT THE SECRETARY CONCERNED SHALL DEFINE THE TERM "PERMANENT STATION," WHICH DEFINITION SHALL INCLUDE, BUT NOT BE LIMITED TO, A SHORE STATION OR THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH A MEMBER OF THE UNIFORMED SERVICES MAY BE ORDERED, AND A DULY AUTHORIZED CHANGE IN THE HOME YARD OR HOME PORT OF SUCH VESSEL SHALL BE DEEMED A CHANGE OF PERMANENT STATION. JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SAID ACT, PROVIDE (PARAGRAPH 7000), THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE "UPON A PERMANENT CHANGE OF STATION; " THAT (PARAGRAPH 3003-1A) THE TERM ,PERMANENT CHANGE OF STATION" INCLUDES A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF A VESSEL, AND THAT (PARAGRAPH 3003-1B), THE "EFFECTIVE DATE" OF ORDERS WHICH DO NOT INVOLVE LEAVE OR DELAY EN ROUTE, IS THE DATE OF THE MEMBER'S RELIEF (DETACHMENT) FROM THE OLD STATION. ALSO, SEE PARAGRAPH 7060 OF SAID REGULATIONS. THE SAID JOINT TRAVEL REGULATIONS FURTHER PROVIDE (PARAGRAPH 7003-1) FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND FOR LAND TRAVEL OF DEPENDENTS AT THE RATE OF $0.06 PER MILE FOR EACH DEPENDENT 12 YEARS OF AGE OR OVER, NOT TO EXCEED TWO SUCH DEPENDENTS; $0.03 PER MILE FOR EACH ADDITIONAL DEPENDENT 12 YEARS OF AGE OR OVER; $0.03 PER MILE FOR EACH DEPENDENT 5 YEARS OF AGE OR OVER, BUT UNDER 12 YEARS OF AGE, THE MAXIMUM ALLOWANCE FOR ALL DEPENDENTS NOT TO EXCEED $0.18 PER MILE. NO PROVISION IS MADE FOR REIMBURSEMENT OR PAYMENT OF MONETARY ALLOWANCE FOR TRAVEL OF CHILDREN UNDER 5 YEARS OF AGE.

PRIOR TO THE ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949, SUPRA, PROVISIONS FOR THE TRANSPORTATION OF DEPENDENTS OF OFFICERS OF THE UNIFORMED SERVICES, WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION, WERE CONTAINED SUCCESSIVELY IN SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604; SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AND SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366. UNDER SAID ACTS IT CONSISTENTLY WAS HELD THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS UNDER THE PROVISIONS OF SAID STATUTES ACCRUED AND BECAME FIXED ON THE EFFECTIVE DATE OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION AND DID NOT EXTEND TO DEPENDENTS WHO WERE ACQUIRED OR WHO BECAME ELIGIBLE AS DEPENDENTS FOR TRANSPORTATION PURPOSES THEREAFTER. 2 COMP. GEN. 712; 4 ID. 438; 9 ID. 439; 24 ID. 887; AND 26 ID. 339. IN 9 COMP. GEN. 439, SUPRA, IT WAS HELD THAT WHERE A CHILD, BECAUSE OF AGE, COULD HAVE TRAVELED FREE OF CHARGE BY COMMON CARRIER WHEN THE ORDERS BECAME EFFECTIVE AND THE TRAVEL WAS NOT PERFORMED UNTIL AFTER THE CHILD BECAME 5 YEARS OF AGE, THE COST OF THE CHILD'S TRAVEL MUST BE BORNE BY THE OFFICER OR ENLISTED MAN CONCERNED. NO PROVISION IS FOUND IN THE JOINT TRAVEL REGULATIONS EFFECTIVE APRIL 1, 1951, ISSUED PURSUANT TO THE SAID CAREER COMPENSATION ACT OF 1949, COMPARABLE TO THAT CONTAINED IN PARAGRAPH 8004- 2, NAVY TRAVEL INSTRUCTIONS, PURPORTING TO DEFER THE FIXING OF THE GOVERNMENT'S MAXIMUM OBLIGATION FOR TRANSPORTATION OF DEPENDENTS UPON A PERMANENT CHANGE OF STATION FOR AS LONG AS 60 DAYS AFTER THE EFFECTIVE DATE OF SUCH ORDERS, AND THE ONLY REFERENCE IN SAID REGULATIONS TO A LIKE SITUATION IS CONTAINED IN PARAGRAPH 7060-1 THEREOF WHICH PROVIDES THAT WHERE THE DATE OF MARRIAGE IS PRIOR TO THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION ORDERS TRANSPORTATION OF SUCH DEPENDENT WIFE AT GOVERNMENT EXPENSE IS AUTHORIZED. HENCE, IT IS CONCLUDED THAT, IN GENERAL, THE MAXIMUM TRANSPORTATION OF DEPENDENTS TO WHICH A MEMBER OF THE ARMED SERVICES IS ENTITLED UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS IS THAT WHICH ACCRUES AND TO WHICH HE BECOMES ENTITLED ON THE EFFECTIVE DATE OF HIS PERMANENT CHANGE OF STATION ORDERS.

IN THE PRESENT CASE, IT SEEMS CLEAR THAT THE EFFECTIVE DATE OF THE CHANGE OF THE HOME YARD OF THE LSMR-405, WAS JULY 23, 1951. ON THAT DATE THE CLAIMANT'S YOUNGER SON WAS UNDER 5 YEARS OF AGE. ACCORDINGLY, PAYMENT ON THE SUBJECT VOUCHER MUST BE LIMITED TO 12 CENTS PER MILE (TWO DEPENDENTS OVER 12 YEARS OF AGE) BETWEEN THE POINTS CLAIMED NOT TO EXCEED THE COST FROM MARE ISLAND, CALIFORNIA, TO NORFOLK, VIRGINIA.