B-108921, APRIL 23, 1952, 31 COMP. GEN. 538

B-108921, APRIL 23, 1952, 31 COMP. GEN. 538

TRANSPORTATION - DEPENDENTS - MILITARY, NAVAL, ETC., PERSONNEL UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949 AUTHORIZING TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES UPON CHANGE OF PERMANENT STATION, A MEMBER WHOSE CHILD BECOMES 21 YEARS OF AGE- -- AND THEREBY DISQUALIFIED AS A DEPENDENT--- AFTER THE EFFECTIVE DATE OF THE ORDERS AND BEFORE THE TRAVEL IS PERFORMED IS NOT ENTITLED TO TRANSPORTATION OF THE CHILD AT GOVERNMENT EXPENSE.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. R. G. SEELOS, DEPARTMENT OF THE NAVY, APRIL 23, 1952:

THERE HAS BEEN RECEIVED BY LETTER FROM THE JUDGE ADVOCATE GENERAL OF THE NAVY, DATED APRIL 1, 1952, YOUR LETTER OF MARCH 5, 1952, TRANSMITTING A VOUCHER IN FAVOR OF REAR ADMIRAL THOMAS G. W. SETTLE, USN, IN THE AMOUNT OF $66.96 AS MONETARY ALLOWANCE FOR TRAVEL OF HIS SON, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED UNDER THE CIRCUMSTANCES INVOLVED.

IT APPEARS THAT BY BUREAU OF NAVAL PERSONNEL ORDERS DATED JULY 18, 1951, REAR ADMIRAL SETTLE WAS DETACHED FROM DUTY IN NAVAL OPERATIONS, NAVY DEPARTMENT, AND FROM SUCH OTHER DUTY AS HAD BEEN ASSIGNED HIM AND DIRECTED TO PROCEED TO NEW ORLEANS, LOUISIANA, TO REPORT TO THE COMMANDANT, EIGHTH NAVAL DISTRICT, FOR DUTY AS HIS RELIEF AS COMMANDANT, EIGHTH NAVAL DISTRICT, A DELAY UNTIL AUGUST 1, 1951, BEING AUTHORIZED. IT IS DISCLOSED THAT THE OFFICER'S WIFE TRAVELED FROM WASHINGTON, D.C., TO NEW ORLEANS, BY PRIVATELY OWNED AUTOMOBILE, OCTOBER 1 TO 6, 1951; THAT REIMBURSEMENT FOR HER TRAVEL WAS EFFECTED BY YOU; AND THAT HIS SON TRAVELED FROM SYRACUSE, NEW YORK, TO NEW ORLEANS, LOUISIANA, BY COMMERCIAL AIR DECEMBER 19 TO 20, 1951. THE PRESENT CLAIM IS FOR REIMBURSEMENT FOR THE SON'S TRAVEL NOT TO EXCEED THE COST ON A MILEAGE BASIS FROM WASHINGTON, D.C., TO NEW ORLEANS, IT BEING INDICATED THAT THE SON WAS BORN ON AUGUST 5, 1930, AND THEREFORE TWENTY YEARS OF AGE WHEN THE ORDERS OF JULY 18, 1951, WERE ISSUED BUT TWENTY ONE BEFORE THE TRAVEL WAS PERFORMED.

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 * * *.' SECTION 102 (G) OF SAID ACT, 63 STAT. 804, SPECIFICALLY PROVIDES, INTER ALIA, THAT THE TERM "DEPENDENT" SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES THE LAWFUL WIFE AND UNMARRIED LEGITIMATE CHILDREN, UNDER TWENTY-ONE YEARS OF AGE, OF ANY MEMBER OF THE UNIFORMED SERVICES, AND THAT IT SHALL INCLUDE,"UNMARRIED LEGITIMATE CHILDREN, OVER TWENTY-ONE YEARS OF AGE, OF SUCH MEMBER WHO ARE INCAPABLE OF SELF-SUPPORT BECAUSE OF BEING MENTALLY DEFECTIVE OR PHYSICALLY INCAPACITATED, AND WHO ARE IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT.' THUS, THE LAW PROVIDING FOR TRANSPORTATION OF DEPENDENTS OF SERVICE PERSONNEL UPON PERMANENT CHANGE OF STATION CLEARLY AUTHORIZES TRANSPORTATION AT GOVERNMENT EXPENSE FOR UNMARRIED LEGITIMATE CHILDREN OVER TWENTY-ONE YEARS OF AGE ONLY WHEN SUCH CHILDREN ARE INCAPABLE OF SELF -SUPPORT BECAUSE OF BEING MENTALLY DEFECTIVE OR PHYSICALLY INCAPACITATED AND WHO ARE IN FACT DEPENDENT ON THE MEMBER INVOLVED FOR OVER HALF OF THEIR SUPPORT. THERE IS NO SUGGESTION IN THE PRESENT CASE THAT THE SON IS INCAPABLE OF SELF-SUPPORT.

WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, DEPENDENTS OF SERVICE PERSONNEL MAY BE FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE ONLY IF IT BE SHOWN THAT THE PERSON OR PERSONS INVOLVED WERE IN FACT QUALIFIED AS DEPENDENTS WITHIN THE MEANING OF CONTROLLING LAW AND REGULATIONS ON THE EFFECTIVE DATE OF CHANGE OF STATION ORDERS. BUT RESPECTING THE SITUATION WHERE A CHILD BECOMES TWENTY-ONE YEARS OF AGE, THEREBY BEING DISQUALIFIED AS A DEPENDENT, AFTER THE EFFECTIVE DATE OF THE ORDERS AND BEFORE THE TRAVEL IS PERFORMED, IT HAS BEEN HELD UNDER PRIOR LEGISLATION THAT REIMBURSEMENT FOR TRAVEL ACTUALLY PERFORMED AFTER THE CHILD'S TWENTY-FIRST BIRTHDAY IS NOT AUTHORIZED. B-67719 DATED OCTOBER 16, 1947. THIS OFFICE FINDS NO BASIS TO REACH A DIFFERENT CONCLUSION UNDER THE ABOVE-MENTIONED PROVISIONS OF THE CAREER COMPENSATION ACT.

ACCORDINGLY, SINCE ADMIRAL SETTLE'S SON WAS TWENTY-ONE YEARS OF AGE WHEN THE TRAVEL WAS PERFORMED, PAYMENT OF A MONETARY ALLOWANCE FOR HIS TRAVEL IS NOT AUTHORIZED. THE VOUCHER AND SUPPORTING PAPERS WILL BE RETAINED IN THIS OFFICE.