B-25112, MAY 9, 1942, 21 COMP. GEN. 1006

B-25112, MAY 9, 1942, 21 COMP. GEN. 1006

TRANSPORTATION - DEPENDENTS OF NAVY PERSONNEL - LOCATION OF DEPENDENTS ON RECEIPT OF CHANGE OF STATION ORDERS WHILE ORDINARILY CLAIMS BY NAVY PERSONNEL FOR THE COMMERCIAL COST OF TRANSPORTATION OF DEPENDENTS INCIDENT TO A CHANGE OF STATION ARE REQUIRED TO BE SUPPORTED BY A SHOWING AS TO THE LOCATION OF THE DEPENDENTS AT THE TIME THE OFFICER OR MAN RECEIVED THE CHANGE OF STATION ORDERS, WHERE THE DEPENDENTS WERE AT THE OLD STATION WHEN CHANGE OF STATION ORDERS WERE ISSUED, THE COST OF THEIR TRAVEL PERFORMED AFTER THAT DATE FROM THE OLD TO THE NEW STATION IS PAYABLE WITHOUT ANY SHOWING AS TO WHERE THEY WERE WHEN THE ORDERS WERE RECEIVED. 19 COMP. GEN. 102, MODIFIED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MAY 9, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 3, 1942, WITH ENCLOSURES, TRANSMITTING THE CLAIM OF CAPTAIN WALDEN L. AINSWORTH, UNITED STATES NAVY, FOR THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENT (WIFE) IN CONNECTION WITH HER TRAVEL FROM NORFOLK, VA., TO SAN FRANCISCO, CALIF., FEBRUARY 12 TO 16, 1942, ON CHANGE OF THE HOME YARD OF THE VESSEL TO WHICH HE IS ATTACHED MADE UNDER ORDERS OF FEBRUARY 11, 1942, AND REQUESTING A DECISION AS TO WHETHER THE SAID CLAIM LEGALLY MAY BE PAID.

IT APPEARS THAT THE HOME YARD OF THE VESSEL WAS FORMERLY NORFOLK AND WAS CHANGED TO PUGET SOUND BY ORDERS OF FEBRUARY 11, 1942; THAT THE DEPENDENT COMMENCED TRAVEL FROM NORFOLK ON FEBRUARY 12, 1942; THAT THE VESSEL WAS THEN ON THE WEST COAST AND THAT THE ORDER CHANGING THE HOME YARD WAS NOT RECEIVED ON BOARD UNTIL FEBRUARY 17, AFTER THE ARRIVAL OF THE DEPENDENT ON THE WEST COAST. WHETHER EITHER THE OFFICER OR HIS DEPENDENT HAD INFORMATION OF THE CHANGE PRIOR TO RECEIPT OF THE ORDERS ON BOARD IS NOT INDICATED.

THE DECISION OF JULY 25, 1939, 19 COMP. GEN. 102, HELD THAT:

* * * SINCE THE MEASURE OF THE MONETARY ALLOWANCE AUTHORIZED IN LIEU OF TRANSPORTATION IN KIND OF DEPENDENTS IS CONTROLLED BY WHERE THE DEPENDENTS ARE WHEN ORDERS OF CHANGE OF STATION ARE RECEIVED, EVIDENCE OF THE LOCATION OF THE DEPENDENTS AT SUCH TIME IS MATERIAL TO A PROPER DETERMINATION OF THE AMOUNT DUE THE OFFICER OR MAN FOR THEIR TRANSPORTATION.

THE RULE THUS STATED IS OBVIOUSLY CORRECT AND IS REQUIRED BY THE TERMS OF THE STATUTES RELATING TO TRANSPORTATION OF DEPENDENTS, BUT WHERE IT IS SHOWN THAT THE DEPENDENTS WERE AT THE OLD STATION WHEN THE ORDERS WERE ISSUED AND THEREAFTER TRAVELED TO THE PLACE WHICH BECAME HIS NEW STATION, SUCH INFORMATION IS NOT NECESSARY AS THE MEASURE OF ALLOWANCE IN SUCH A CASE IS APPARENT, AND WHEN THE OFFICER RECEIVED NOTICE OF THE CHANGE WOULD NOT MODIFY THE MEASURE. AS COMMANDING OFFICER OF THE VESSEL, CAPTAIN AINSWORTH HAS CERTIFIED, UNDER DATE OF MARCH 14, 1942, THAT ON FEBRUARY 11, 1942, HE WAS ATTACHED TO THE VESSEL IN THE CAPACITY OF COMMANDING OFFICER AND THAT HIS WIFE LEFT NORFOLK, VA., FEBRUARY 12, 1942, AND ARRIVED AT SAN FRANCISCO, CALIF., FEBRUARY 16, 1942. HER TRAVEL FROM THE EAST COAST TO THE WEST COAST OF THE UNITED STATES WAS PERFORMED AFTER THE ISSUANCE OF THE ORDERS FOR A CHANGE IN THE HOME YARD OF THE VESSEL TO WHICH THE OFFICER IS ATTACHED.

HOWEVER, FOR THE REASONS STATED IN 19 COMP. GEN. 102, IN CONNECTION WITH ANY CLAIM FOR TRANSPORTATION OF DEPENDENTS INVOLVING A CHANGE OF STATION THERE SHOULD BE A SHOWING AS TO THE LOCATION OF THE DEPENDENTS AT THE TIME THE CHANGE OF STATION ORDERS WERE RECEIVED BY THE OFFICER OR MAN, UNLESS, AS IN THIS CASE, IT CAN BE SHOWN THE DEPENDENTS WERE AT THE OLD STATION WHEN THE ORDERS WERE ISSUED.

THE VOUCHER IN FAVOR OF CAPTAIN AINSWORTH IS RETURNED HEREWITH AND PAYMENT THEREON IS AUTHORIZED IF OTHERWISE CORRECT.