B-50126, JUNE 25, 1945, 24 COMP. GEN. 927

B-50126, JUNE 25, 1945, 24 COMP. GEN. 927

TRANSPORTATION OF DEPENDENTS - MARRIAGE EN ROUTE TO NEW STATION THE EFFECTIVE DATE OF A MARINE CORPS OFFICER'S ORDERS DIRECTING A PERMANENT CHANGE OF STATION, UNDER U.S. NAVY TRAVEL INSTRUCTIONS, BEING THE DATE OF DETACHMENT WHEN NO LEAVE OR DELAY EN ROUTE IS AUTHORIZED IN THE ORDERS, THE DEPENDENCY OF AN OFFICER'S WIFE WHOM HE MARRIED WHILE ON LEAVE AUTHORIZED SUBSEQUENT TO THE DATE OF DETACHMENT FROM ONE STATION AND PRIOR TO REPORTING TO ANOTHER MAY NOT BE REGARDED AS HAVING EXISTED WHEN "ORDERED TO MAKE A PERMANENT CHANGE OF STATION," WITHIN THE CONTEMPLATION OF THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 AUTHORIZING TRANSPORTATION OF DEPENDENTS.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. F. E. SYDLOWE, U.S. MARINE CORPS WOMEN'S RESERVE, JUNE 25, 1945:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 24, 1945, REQUESTING WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHERS TRANSMITTED THEREWITH CONSTITUTING THE CLAIMS OF PLATOON SERGEANT HAROLD COURT RIGHT, USMC, FIRST LIEUTENANT JACK V. BIGFORD, USMCR, CAPTAIN E. J. CUNNINGHAM, USMCR, CAPTAIN GEORGE CODREA, USMCR, AND MAJOR S. S. CORBETT, JR., USMC, FOR TRANSPORTATION OF THEIR DEPENDENT WIVES, UNDER THE CIRCUMSTANCES HEREINAFTER SHOWN.

YOU STATE THE RECORDS OF HEADQUARTERS, U.S. MARINE CORPS, SHOW THAT PLATOON SERGEANT COURT RIGHT WAS MARRIED AT BEAR LAKE, MICHIGAN, ON JULY 3, 1944, WHILE ON LEAVE FROM THE VESSEL ON WHICH HE WAS ASSIGNED, AND THAT THE HOME YARD OF SUCH VESSEL WAS NORFOLK, VIRGINIA. A CERTIFICATE ATTACHED TO THE VOUCHER DATED MAY 5, 1945, ISSUED IN LIEU OF ORDERS, SHOWS THAT THE CLAIMANT WAS ORDERED FROM SEA DUTY OR FROM A PLACE WHERE DEPENDENTS WERE NOT PERMITTED TO GO, UNDER ORDERS OF DECEMBER 15, 1944, TO PERMANENT DUTY AT CAMP LEJEUNE, NORTH CAROLINA. HE CERTIFIES THAT HIS DEPENDENT WIFE WAS LOCATED AT 238 ANN STREET, GRAND RAPIDS, MICHIGAN, ON RECEIPT OF HIS ORDERS, AND THAT SHE TRAVELED THEREFROM TO CAMP LEJEUNE, BETWEEN JANUARY 18 AND 21, 1945.

PARAGRAPH 5 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366, PROVIDES:

WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN ABOVE THE FOURTH GRADE, HAVING DEPENDENTS AS DEFINED IN SECTION 4 HEREOF, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND * * * PROVIDED, THAT FOR PERSONS IN THE NAVAL SERVICE THE TERM "PERMANENT STATION" AS USED IN THIS SECTION SHALL BE INTERPRETED TO MEAN A SHORE STATION OR THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH THE PERSON CONCERNED MAY BE ORDERED; AND A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF SUCH VESSEL SHALL BE DEEMED A CHANGE OF STATION: PROVIDED FURTHER, THAT IF THE COST OF SUCH TRANSPORTATION EXCEEDS THAT FOR TRANSPORTATION FROM THE OLD TO THE NEW STATION, THE EXCESS COST SHALL BE PAID TO THE UNITED STATES BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED * * * AND PROVIDED FURTHER, THAT IN LIEU OF TRANSPORTATION IN KIND AUTHORIZED BY THIS SECTION FOR SUCH COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED.

CLAIMANT'S DETACHMENT FROM DUTY ON A VESSEL HAVING NORFOLK, VIRGINIA, AS ITS HOME YARD, AND HIS ASSIGNMENT TO PERMANENT DUTY AT CAMP LEJEUNE, NORTH CAROLINA, CONSTITUTED A PERMANENT CHANGE OF STATION, ENTITLING HIM TO REIMBURSEMENT OF THE COST OF COMMERCIAL TRANSPORTATION FOR HIS DEPENDENT WIFE FROM GRAND RAPIDS, MICHIGAN, THE PLACE WHERE SHE WAS LOCATED ON RECEIPT OF HIS ORDERS, TO CAMP LEJEUNE, NORTH CAROLINA, NOT TO EXCEED THE COST FROM HIS OLD STATION, NORFOLK, VIRGINIA, TO CAMP LEJEUNE.

YOU STATE THAT FIRST LIEUTENANT JACK V. BIGFORD WAS DETACHED FROM DUTY OVERSEAS AND WAS ORDERED TO TEMPORARY DUTY AT THE MARINE CORPS, AIR DEPOT, MIRAMAR, SAN DIEGO, CALIFORNIA, BY ORDERS DATED AUGUST 14, 1944, THAT BY ORDERS DATED SEPTEMBER 14, 1944, HE WAS ORDERED TO PERMANENT DUTY AT CHERRY POINT, NORTH CAROLINA, THAT SUCH ORDERS GRANTED HIM 30 DAYS LEAVE OF ABSENCE, AND THAT ON SEPTEMBER 25, 1944, WHILE ON AUTHORIZED DELAY, HE WAS MARRIED AT SEATTLE, WASHINGTON. CONTRARY TO YOUR STATEMENT THE CERTIFICATE IN LIEU OF ORDERS OF AUGUST 14, 1944, SHOWS THAT SUCH ORDERS DIRECTED A PERMANENT CHANGE OF STATION TO THE MARINE CORPS AIR DEPOT AT SAN DIEGO, CALIFORNIA. A COPY OF SUCH ORDERS ALSO ATTACHED TO THE VOUCHER SHOWS BY 10TH INDORSEMENT THEREON DATED SEPTEMBER 7, 1944, THAT HE REPORTED AND WAS ASSIGNED TO HEADQUARTERS SQUADRON, PERSONNEL GROUP, FOR DUTY ON THAT DATE. A COPY OF THE ORDERS OF SEPTEMBER 14, 1944, WAS NOT ATTACHED TO THE VOUCHER AS STATED. INASMUCH AS THE OFFICER'S ASSIGNMENT AT SAN DIEGO UNDER THE ORDERS OF AUGUST 14, 1944, WAS TO PERMANENT DUTY, AND HE WAS NOT MARRIED UNTIL SEPTEMBER 25, 1944, NO RIGHT TO TRANSPORTATION OF DEPENDENTS ACCRUED UNDER SUCH ORDERS. NO DECISION CAN BE MADE AS TO ANY RIGHTS TO TRANSPORTATION OF DEPENDENTS THAT THIS OFFICER MAY HAVE UNDER THE ORDERS OF SEPTEMBER 14, 1944, DUE TO THE FACT THAT A COPY OF SUCH ORDERS WAS NOT SUBMITTED.

A CERTIFICATE DATED DECEMBER 8, 1944, ISSUED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 14, 1942, 56 STAT. 783, IN LIEU OF SECRET OR CONFIDENTIAL ORDERS OF APRIL 9, 1944, SHOWS THAT CAPTAIN EDWARD J. CUNNINGHAM WAS DETACHED FROM PERMANENT DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND PERMANENTLY ASSIGNED TO CAMP LEJEUNE, NORTH CAROLINA. YOU STATE THAT THE 5TH INDORSEMENT ON SUCH ORDERS DATED MAY 25, 1944, AUTHORIZED A DELAY OF ONE MONTH IN REPORTING TO THE NEW PERMANENT STATION, AND THAT CAPTAIN CUNNINGHAM WAS MARRIED WHILE ON AUTHORIZED DELAY AT FLUSHING, LONG ISLAND, NEW YORK, ON JUNE 10, 1944.

ARTICLE 2505-1 (C), U.S. NAVY TRAVEL INSTRUCTIONS, PROVIDES THAT:

TO BE ENTITLED TO TRANSPORTATION THE DEPENDENCY MUST EXIST ON THE EFFECTIVE DATE OF THE ORDER TO MAKE A PERMANENT CHANGE OF STATION. THE EFFECTIVE DATE OF AN ORDER ISSUED TO AN OFFICER, NOT INVOLVING LEAVE OR DELAY EN ROUTE, IS THE DATE OF DETACHMENT. * * * WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDER, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF DETACHMENT IN THE CASE OF AN OFFICER * * *. PROCEED AND TRAVEL TIME WILL NOT BE USED IN DETERMINING THE EFFECTIVE DATE.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 365, 366, PROVIDES FOR THE TRANSPORTATION OF DEPENDENTS AT PUBLIC EXPENSE WHEN THE OFFICER "IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION.' A RIGHT TO TRANSPORTATION OF DEPENDENTS ACCRUES UNDER THE STATUTE ONLY WHEN THE OFFICER HAS A DEPENDENT, OR DEPENDENTS, ON THE EFFECTIVE DATE OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION. 2 COMP. GEN. 712; 4 ID. 438. BY ORDERS DATED APRIL 9, 1944, CAPTAIN CUNNINGHAM WAS ORDERED FROM A STATION OVERSEAS TO PERMANENT STATION AT CAMP LEJEUNE, NORTH CAROLINA. SINCE THESE ORDERS DID NOT INVOLVE LEAVE OR DELAY EN ROUTE, THE EFFECTIVE DATE THEREOF, UNDER THE ABOVE CITED REGULATIONS, WAS THE DATE OF HIS DETACHMENT FROM THE OVERSEAS STATION. CAPTAIN CUNNINGHAM HAD NO WIFE ON THE EFFECTIVE DATE OF HIS ORDERS TO MAKE A PERMANENT CHANGE OF STATION, AND NO RIGHT ACCRUED BY REASON OF HIS MARRIAGE AT FLUSHING, LONG ISLAND, NEW YORK, ON JUNE 10, 1944, WHILE ON LEAVE AUTHORIZED MAY 24, 1944, WHILE EN ROUTE TO HIS NEW STATION.

IT APPEARS THAT MAJOR S. S. CORBETT WAS DETACHED FROM DUTY OVERSEAS AND WAS ORDERED TO PERMANENT STATION AT MARINE BARRACKS, QUANTICO, VIRGINIA, BY ORDERS DATED MARCH 16, 1944. WHILE EN ROUTE TO HIS NEW STATION, HE WAS AUTHORIZED MARCH 24, 1944, TO DELAY 30 DAYS IN REPORTING TO HIS NEW STATION, AND DURING SUCH DELAY HE WAS MARRIED ON APRIL 4, 1944, AT PORTLAND, OREGON. HIS CLAIM IS FOR REIMBURSEMENT OF COST OF TRANSPORTATION FROM PORTLAND, OREGON, TO QUANTICO, VIRGINIA. SINCE HE HAD NO DEPENDENT ON THE EFFECTIVE DATE OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION, HE IS NOT ENTITLED TO THE TRANSPORTATION CLAIMED.

IT APPEARS THAT CAPTAIN GEORGE CODREA WAS DETACHED FROM DUTY OVERSEAS AND ORDERED TO PERMANENT DUTY AT CAMP PENDLETON, OCEANSIDE, CALIFORNIA, BY ORDERS DATED JULY 21, 1944. WHILE EN ROUTE TO HIS NEW STATION HE WAS AUTHORIZED, AUGUST 16, 1944, TO DELAY 30 DAYS IN REPORTING AT HIS NEW STATION, AND DURING SUCH DELAY HE WAS MARRIED ON SEPTEMBER 4, 1944, AT AKRON, OHIO. SINCE HE HAD NO DEPENDENTS ON THE EFFECTIVE DATE OF THESE ORDERS, PAYMENT OF HIS CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF HIS DEPENDENT FROM AKRON, OHIO, TO OCEANSIDE, CALIFORNIA, IS NOT AUTHORIZED.

REFERENCE IS MADE TO DECISIONS B-40174, DATED APRIL 11, 1944, AND B 44576, DATED APRIL 16, 1945, 24 C.G. 750, AS CREATING A DOUBT AS TO THE PROPER CONSIDERATION OF THE CLAIMS SUBMITTED. IN B-40174 THE OFFICER WAS DETACHED FROM A PERMANENT DUTY STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, AND WAS ORDERED TO THE U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA. WHILE THEREAT HE WAS MARRIED, AND THEREAFTER HE RECEIVED ORDERS ASSIGNING HIM TO PERMANENT STATION AT THE NAVAL AIR STATION, JACKSONVILLE, FLORIDA. UPON THE EFFECTIVE DATE OF HIS ORDERS ASSIGNING HIM TO PERMANENT STATION IN THE UNITED STATES HE HAD A DEPENDENT WIFE, AND UNDER THE STATUTE THE COST OF HER TRANSPORTATION COULD NOT EXCEED THAT "FROM THE OLD TO THE NEW STATION.' HOWEVER, WHERE DEPENDENTS ARE RESTRICTED FROM GOING TO OVERSEAS STATIONS, THE AMOUNT IT WOULD HAVE COST TO HAVE TRANSPORTED THE DEPENDENTS TO THE USUAL PORT OF ENTRY IN RETURNING FROM THE OVERSEAS STATION IS NOT A MEASURE FOR DETERMINING THE CONSTRUCTIVE COST OF TRAVEL TO THE NEW STATION. SEE THE DECISION OF MARCH 12, 1943, B 26966. ACCORDINGLY, THE MEASURE OF ALLOWANCE UNDER SUCH A DECISION IS FROM THE PLACE WHERE DEPENDENTS, OTHERWISE ENTITLED TO TRANSPORTATION, ARE LOCATED AT THE TIME OF RECEIPT OF THE ORDERS DIRECTING A PERMANENT CHANGE OF STATION, TO THE NEW STATION NOT TO EXCEED THE COST FROM THE USUAL PORT OF ENTRY FOR GOVERNMENT TRANSPORTS, TO THE NEW STATION.

THE VOUCHER CONSTITUTING THE CLAIM OF PLATOON SERGEANT COURT RIGHT IS RETURNED HEREWITH, AND IF OTHERWISE CORRECT, PAYMENT IS AUTHORIZED ON SUCH VOUCHER WITHIN THE LIMITATION HEREINABOVE INDICATED. PAYMENT ON THE REMAINING VOUCHERS IS NOT AUTHORIZED AND THEY WILL BE RETAINED IN THIS OFFICE.