B-70012, OCTOBER 31, 1947, 27 COMP. GEN. 259

B-70012, OCTOBER 31, 1947, 27 COMP. GEN. 259

TRANSPORTATION - DEPENDENTS; HOUSEHOLD EFFECTS - FROM OTHER THAN HOME OF RECORD TO LAST DUTY STATION IF UNIFORM NAVY REGULATIONS RESPECTING THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF RESERVE AND RETIRED OFFICERS BE PROMULGATED, PURSUANT TO SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS ADDED BY SECTION 205 (A) OF THE ACT OF AUGUST 2, 1946, TO SO PROVIDE, EFFECTS LOCATED AWAY FROM OFFICERS' HOMES OF RECORD MAY BE TRANSPORTED UPON THE TERMINATION OF ACTIVE DUTY TO THEIR LAST STATIONS--- THE COST NOT TO EXCEED THAT FROM LAST STATION TO HOME OF RECORD--- LIKEWISE, SUBJECT TO SUCH COST LIMITATION, DEPENDENTS NOT THEN AT THE OFFICERS' HOMES OF RECORD MAY TRAVEL AT PUBLIC EXPENSE UNDER THE AUTHORITY OF SECTION 12 TO THE LAST DUTY STATIONS OF SUCH PERSONNEL.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, OCTOBER 31, 1947:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 30, 1947, WITH ENCLOSURE FROM THE COMMANDANT OF THE MARINE CORPS, REQUESTING DECISION AS TO (1) WHETHER SHIPMENTS OF HOUSEHOLD EFFECTS IN GENERAL MAY BE MADE AT GOVERNMENT EXPENSE TO THE STATION FROM WHICH A RETIRED OR RESERVE OFFICER IS RELIEVED FROM ACTIVE DUTY; (2) IF SO, IS SUCH SHIPMENT AUTHORIZED IN THE CASE OF CAPTAIN CHARLES J. BAILEY, USMCR, UNDER THE CIRCUMSTANCES THERE INVOLVED, AND (3) WHETHER MY DECISION WITH RESPECT TO THE FIRST TWO QUESTIONS ALSO WILL APPLY TO THE TRANSPORTATION OF DEPENDENTS UNDER THE SAME CONDITIONS.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 365, 366, PROVIDES FOR THE TRANSPORTATION OF DEPENDENTS OF CERTAIN SERVICE PERSONNEL AT GOVERNMENT EXPENSE UPON ORDERS TO MAKE A PERMANENT CHANGE OF STATION, INCLUDING, FOR RETIRED AND RESERVE PERSONNEL, THE CHANGE FROM LAST STATION TO HOME. STATUTORY AUTHORITY FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL NOW IS CONTAINED IN THE SIXTH PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 205 (A) OF THE ACT OF AUGUST 2, 1946, 60 STAT. 860, AS FOLLOWS:

UPON CHANGES OF STATION, MEMBERS OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, AS AUTHORIZED BY REGULATIONS PRESCRIBED BY THE HEADS OF THE DEPARTMENT CONCERNED, WHICH SHALL BE UNIFORM FOR THE SERVICE MENTIONED AND SHALL BE APPROVED BY THE PRESIDENT. SUCH TRANSPORTATION MAY BE BY RAIL, WATER, OR VAN, WITHOUT REGARD TO COMPARATIVE COSTS.

IT IS UNDERSTOOD THAT UNIFORM REGULATIONS, APPROVED BY THE PRESIDENT, AS YET HAVE NOT BEEN ISSUED PURSUANT TO SAID ACT. IN THIS CONNECTION, SEE 26 COMP. GEN. 533, 538. HOWEVER, THE TRANSPORTATION OF HOUSEHOLD EFFECTS HERETOFORE HAS BEEN GOVERNED LARGELY BY ADMINISTRATIVE REGULATIONS WITHIN THE STATUTORY CONCEPT THAT IT IS A CHANGE OF STATION ALLOWANCE, AND ON THAT BASIS THE REGULATIONS HAVE AUTHORIZED THE TRANSPORTATION AT GOVERNMENT EXPENSE OF HOUSEHOLD EFFECTS OF CERTAIN PERSONNEL, WITHIN VARYING WEIGHT LIMITATIONS, WHEN ORDERED TO MAKE EITHER A PERMANENT OR A TEMPORARY CHANGE OF STATION, INCLUDING, FOR RETIRED AND RESERVE PERSONNEL, THE CHANGE FROM LAST STATION TO HOME UPON RELIEF FROM ACTIVE DUTY. WHILE THE RIGHT TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF SERVICE PERSONNEL UPON ORDERS TO MAKE A PERMANENT CHANGE OF STATION MUST BE REGARDED BASICALLY AS FOLLOWING THE PERSONNEL INVOLVED, THE REGULATIONS OF THE VARIOUS BRANCHES OF THE SERVICE HAVE AUTHORIZED THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS BETWEEN POINTS OTHER THAN DUTY STATIONS WITH REIMBURSEMENT LIMITED TO THE COST OF TRANSPORTATION FROM THE OLD DUTY STATION TO THE NEW DUTY STATION. THUS, THE DUTY STATIONS HAVE SERVED GENERALLY TO MEASURE THE ALLOWANCE RATHER THAN AS A LIMITATION ON THE LOCATIONS FROM WHICH TRANSPORTATION MAY BEGIN OR TO WHICH IT MAY BE FURNISHED, AT GOVERNMENT EXPENSE. WITH PARTICULAR REFERENCE TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF RESERVE AND RETIRED PERSONNEL UPON TERMINATION OF ACTIVE DUTY, ARTICLE 16-272 (4), MARINE CORPS MANUAL, PROVIDES FOR SHIPMENT BETWEEN "ANY POINTS IN THE UNITED STATES" BUT LIMITED IN COST TO SHIPMENT OF THE SAME WEIGHT WITHIN ALLOWANCE FROM PLACE OF DUTY TO PLACE TO WHICH MILEAGE HAS BEEN OR WILL BE OBTAINED, OR, IF NO MILEAGE IS INVOLVED, TO THE OFFICIAL RESIDENCE OF RECORD AT TIME OF CALL TO ACTIVE DUTY. A SUBSTANTIALLY SIMILAR PROVISION IS CONTAINED IN ARTICLE 29030-1, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL. AS TO THE TRANSPORTATION OF DEPENDENTS OF SUCH PERSONNEL UPON RELEASE FROM ACTIVE DUTY, ARTICLE 1870-1, NAVY TRAVEL INSTRUCTIONS, PROVIDES FOR SUCH TRANSPORTATION "IN AN AMOUNT NOT TO EXCEED THAT FROM THE LAST PERMANENT DUTY STATION TO THE OFFICIAL RESIDENCE OF RECORD.'

SINCE THE HOUSEHOLD EFFECTS REQUIRED TO BE MOVED INCIDENT TO RELEASE FROM ACTIVE DUTY NECESSARILY WOULD BE THOSE WHICH HAS BEEN MOVED FROM HOME FOLLOWING ORDERS TO ACTIVE DUTY, OR WHICH HAD BEEN ACQUIRED AND USED AT A POINT AWAY FROM HOME DURING THE PERIOD OF SUCH ACTIVE DUTY, IT HAS BEEN HELD THAT THE RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS UPON RELIEF FROM ACTIVE DUTY ACCRUES ONLY AS TO SUCH HOUSEHOLD EFFECTS AS ARE AT A POINT OTHER THAN THE HOME OF RECORD OF THE PERSONNEL INVOLVED, AND THAT THE TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM THE HOME OF RECORD TO A SELECTED PLACE UPON RELIEF FROM ACTIVE DUTY IS NOT AUTHORIZED. SEE DECISION TO YOU DATED JUNE 13, 1947, B-66073, 26 COMP. GEN. 925; AND 26 COMP. GEN. 70. IT IS ASSUMED THAT THE HOUSEHOLD EFFECTS WHICH IT IS PROPOSED TO TRANSPORT TO THE LOCATION OF THE STATION FROM WHICH A RETIRED OR RESERVE OFFICER IS RELIEVED FROM DUTY, WHILE NOT AT SUCH DUTY STATION, ARE AT A POINT OTHER THAN THE HOME OF RECORD OF THE OFFICER CONCERNED, THUS ENTITLING HIM UNDER HIS ORDERS FOR RELIEF FROM ACTIVE DUTY TO SHIPMENT OF SUCH HOUSEHOLD EFFECTS AT PUBLIC EXPENSE TO HIS HOME OF RECORD OR, AT HIS ELECTION, TO SOME POINT AT A COST NO GREATER THAN FROM LAST STATION TO HOME. UNDER THESE CIRCUMSTANCES, SHIPMENT OF SUCH EFFECTS TO A POINT AT WHICH THE OLD DUTY STATION IS LOCATED, WITH REIMBURSEMENT NOT TO EXCEED THE COST OF SHIPMENT FROM LAST STATION TO OFFICER'S HOME OF RECORD, WOULD APPEAR TO DIFFER MATERIALLY FROM SHIPMENTS MADE FROM THE HOME OF RECORD AFTER RELEASE FROM ACTIVE DUTY. SINCE PERSONNEL ARE NOT REQUIRED, AS A PREREQUISITE TO FURTHER SHIPMENT, TO HAVE THEIR HOUSEHOLD EFFECTS WITH THEM AT EACH STATION TO WHICH THEY MAY BE ASSIGNED, THERE APPEARS NO COGENT REASON WHY, UNDER THE REGULATIONS MENTIONED ABOVE, TRANSPORTATION AT PUBLIC EXPENSE OF HOUSEHOLD EFFECTS AWAY FROM AN OFFICER'S HOME OF RECORD BUT NOT AT HIS LAST DUTY STATION SHOULD BE DENIED SOLELY FOR THE REASON THE "OTHER POINT" SELECTED IS ALSO THE LOCATION OF THE STATION AT WHICH ACTIVE DUTY WAS LAST PERFORMED.

ACCORDINGLY, IF UNIFORM REGULATIONS PURSUANT TO THE ACT OF AUGUST 2, 1946, SUPRA, LIKEWISE SHOULD PROVIDE FOR SHIPMENTS UNDER THE CIRCUMSTANCES DISCUSSED ABOVE, THE ANSWER TO YOUR FIRST QUESTION IS IN THE AFFIRMATIVE AS TO SUCH SHIPMENTS MADE SUBSEQUENT AS WELL AS PRIOR TO AUGUST 2, 1946.

WITH RESPECT TO THE CASE OF CAPTAIN CHARLES J. BAILEY, USMCR, THE EVIDENCE SUBMITTED SHOWS THAT BY ORDERS DATED APRIL 18, 1947, THE OFFICER WAS TRANSFERRED FROM DUTY AT INYOKERN, CALIFORNIA, TO DUTY AT MARINE CORPS BASE, SAN DIEGO, CALIFORNIA. ON THE BASIS OF SUCH ORDERS HE EXECUTED A REQUEST ON MAY 20, 1947, FOR THE SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM LOS ANGELES, CALIFORNIA, TO SAN DIEGO, CALIFORNIA. AT THAT TIME THERE HAD BEEN ISSUED, BUT APPARENTLY NOT RECEIVED BY THE OFFICER, ORDERS DATED MAY 16, 1947, RELIEVING HIM FROM ACTIVE DUTY. THE FOURTH PARAGRAPH OF SAID ORDERS SHOWS THAT THE OFFICER WAS ORDERED TO ACTIVE DUTY FROM SAN FRANCISCO, CALIFORNIA, AND THAT HIS "USUAL RESIDENCE" WAS CHEVY CHASE, MARYLAND. IT HAS BEEN INFORMALLY ASCERTAINED FROM THE MARINE CORPS THAT THE OFFICER WAS PAID MILEAGE TO THE LATTER POINT. HOWEVER, IT APPEARS FROM THE ENCLOSURE FROM THE COMMANDER OF THE MARINE CORPS THAT TRANSPORTATION OF THE OFFICER'S HOUSEHOLD EFFECTS FROM LOS ANGELES, CALIFORNIA TO SAN DIEGO, CALIFORNIA, IS STILL DESIRED, AND IF AUTHORIZED, HE REQUESTS THAT HE BE ADVISED "UNDER WHICH OF THE TWO ORDERS THE RIGHT TO SUCH SHIPMENT IS HELD TO ACCRUE.'

SINCE THE RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF STATION ACCRUES UPON THE ISSUANCE OF ORDERS TO MAKE SUCH A CHANGE, THE OFFICER WAS ENTITLED TO SHIP HIS HOUSEHOLD EFFECTS BETWEEN THE POINTS INVOLVED (NOT TO EXCEED THE COST FROM THE OLD STATION TO THE NEW) INCIDENT TO THE ORDERS OF APRIL 18, 1947. UPON THE ISSUANCE OF ORDERS RELIEVING THE OFFICER FROM DUTY AT THE NEW STATION, AND SHIPMENT THERETO NOT HAVING BEEN MADE UNDER THE ORDERS OF APRIL 18, 1947, SAID ORDERS, WHILE AVAILABLE FOR COMBINING WITH OTHER ORDERS, MAY NOT BE REGARDED AS SUPPORTING A SHIPMENT OF HOUSEHOLD EFFECTS TO A FORMER (NOW THE LAST) DUTY STATION. HOWEVER, FOR THE REASONS INDICATED UNDER QUESTION NO. 1, ABOVE, THE SHIPMENT MAY BE AUTHORIZED INCIDENT TO THE ORDERS OF MAY 16, 1947, RELIEVING THE OFFICER FROM ACTIVE DUTY, IF PROPER PROVISION IS MADE THEREFOR UNDER THE UNIFORM REGULATIONS. HENCE, IF THE NEW REGULATIONS ARE SIMILAR TO THOSE HERETOFORE PROMULGATED, THE ANSWER TO YOUR SECOND QUESTION LIKEWISE IS IN THE AFFIRMATIVE.

SINCE, AS STATED ABOVE, THE TRANSPORTATION OF DEPENDENTS HAS BEEN AUTHORIZED GENERALLY BETWEEN POINTS OTHER THAN DUTY STATION TO THE NEW, AND SINCE UPON RELIEF FROM ACTIVE DUTY THE TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE PERSONNEL IS AUTHORIZED FROM THE LAST STATION TO HOME OF RECORD OR BETWEEN OTHER POINTS AT NO GREATER COST, THERE APPEARS NO COGENT REASON WHY SUCH LATTER TRANSPORTATION SHOULD BE DENIED BECAUSE OF THE COINCIDENCE OF THE "OTHER POINT" BEING THE STATION AT WHICH ACTIVE DUTY WAS PERFORMED PRIOR TO THE ORDERS TO INACTIVE DUTY. ACCORDINGLY, YOU ARE ADVISED THAT UPON ORDERS TO INACTIVE DUTY, THE DEPENDENTS OF RESERVE AND RETIRED OFFICERS, NOT THEN AT THE HOME OF RECORD OF THE PERSONNEL INVOLVED, ARE AUTHORIZED TO TRAVEL AT PUBLIC EXPENSE TO POINTS INCLUDING THE LAST DUTY STATION OF SUCH PERSONNEL, NOT TO EXCEED THE COST FROM LAST STATION TO HOME.