B-116704, SEPTEMBER 30, 1953, 33 COMP. GEN. 131

B-116704, SEPTEMBER 30, 1953, 33 COMP. GEN. 131

TRANSPORTATION - DEPENDENTS - FIRST DUTY STATION - ENLISTED MEN UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949 AND PARAGRAPH 3003-1A, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT THERETO, AN ENLISTEE IN THE REGULAR ARMY IS ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM HOME TO FIRST PERMANENT STATION AT GOVERNMENT EXPENSE, EVEN THOUGH HE RECEIVED AN ALLOWANCE FOR TRAVEL OF DEPENDENTS TO HOME INCIDENT TO TERMINATION OF A PRIOR ENLISTMENT.

COMPTROLLER GENERAL WARREN TO LIEUTENANT COLONEL H. N. ELKINS, JR., DEPARTMENT OF THE ARMY, SEPTEMBER 30, 1953:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY FOURTH ENDORSEMENT DATED AUGUST 18, 1953, YOUR LETTER OF JUNE 11, 1953, TRANSMITTING A VOUCHER IN FAVOR OF CORPORAL BILL SMITH (RA-18,185,868) IN THE SUM OF $148.65, REPRESENTING MONETARY ALLOWANCE FOR TRAVEL OF HIS DEPENDENTS (WIFE AND 3 CHILDREN) FROM BENTON, ARKANSAS, TO FORT BLISS, TEXAS, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY PARAGRAPH 75, SPECIAL ORDERS NO. 70, DATED MARCH 11, 1953, CORPORAL SMITH HAVING ENLISTED ON THAT DATE AT LITTLE ROCK, ARKANSAS, WAS ASSIGNED TO RECEPTION CENTER, FORT SILL, OKLAHOMA, WHERE BY PARAGRAPH 48, SPECIAL ORDERS NO. 65, DATED MARCH 19, 1953, HE WAS TRANSFERRED TO FORT BLISS, TEXAS, FOR DUTY. HIS DEPENDENTS (WIFE AND 3 CHILDREN) TRAVELED FROM BENTON, ARKANSAS, TO FORT BLISS, TEXAS, APRIL 2 TO 4, 1953, BY PRIVATELY OWNED AUTOMOBILE AT PERSONAL EXPENSE. THE RECORD SHOWS THAT AT THE TIME OF HIS ENLISTMENT CORPORAL SMITH HAD MORE THAN 12 YEARS' SERVICE AND THAT HE RECEIVED AN ALLOWANCE FOR TRAVEL OF HIS DEPENDENTS TO BENTON INCIDENT TO TERMINATION OF PRIOR ENLISTMENT ON FEBRUARY 13, 1953. YOU QUESTION WHETHER PAYMENT IS AUTHORIZED UNDER JOINT TRAVEL REGULATIONS FOR TRAVEL OF DEPENDENTS FROM HOME TO FIRST STATION UPON ENLISTMENT IN THE REGULAR ARMY IN VIEW OF DECISION OF MARCH 12, 1943, 22 COMP. GEN. 885, BASED ON A PROVISION IN SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 365, 366, FOR TRANSPORTATION OF DEPENDENTS, WHICH PROVISION YOU STATE APPEARS TO BE SIMILAR TO THAT CURRENTLY CONTAINED IN THE CAREER COMPENSATION ACT OF 1949.

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, AND THAT THE SECRETARY CONCERNED SHALL DEFINE THE TERM "PERMANENT STATION.' THE LEGISLATIVE HISTORY OF SAID SECTION (PAGE 15, HOUSE REPORT 583; PAGE 19, HOUSE REPORT 779; PAGE 22, SENATE REPORT 733) CLEARLY INDICATES THAT THE CONGRESS INTENDED TO EXTEND TO REGULARS THE RIGHT TO TRANSPORTATION OF DEPENDENTS FROM HOME OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, TO FIRST STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT OR INDUCTION. SUCH BEING THE CASE, THE DECISION IN 22 COMP. GEN. 885, BASED ON PRIOR LEGISLATION, CONSTITUTES NO BAR TO REIMBURSEMENT FOR DEPENDENT TRAVEL PERFORMED AFTER THE EFFECTIVE DATE OF THE JOINT TRAVEL REGULATIONS FROM HOME TO FIRST DUTY STATION INCIDENT TO APPOINTMENT OR ENLISTMENT IN THE REGULAR SERVICES.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED IF OTHERWISE CORRECT.