B-118068, JANUARY 26, 1954, 33 COMP. GEN. 307

B-118068, JANUARY 26, 1954, 33 COMP. GEN. 307

TRANSPORTATION - DEPENDENTS - TRAVEL FOR PURPOSE OF VISITING PERSONNEL IN ARMED FORCES A NAVY ENLISTED MAN ON SEA DUTY WHOSE DEPENDENT WIFE TRAVELED TO PORT WHERE MEMBER'S SHIP DOCKED FOR PURPOSE OF ACCOMPANYING MEMBER HOME RATHER THAN FOR THE PURPOSE OF ESTABLISHING A RESIDENCE THERE, IS NOT ENTITLED TO BE REIMBURSED COST OF WIFE'S TRAVEL TO OR FROM SUCH PORT.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO JOSEPH J. LACHOWICZ, JANUARY 26, 1954:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18, 1953, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JULY 3, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR DEPENDENT WIFE'S TRANSPORTATION FROM SAN DIEGO, CALIFORNIA, TO MCKEES ROCKS, PENNSYLVANIA, UPON YOUR RELEASE FROM ACTIVE DUTY AS A MOLDER, SECOND CLASS, USNR.

YOU STATE THAT THE U.S.S. HECTOR--- ON WHICH VESSEL YOU THEN WERE SERVING --- ARRIVED AT LONG BEACH, CALIFORNIA, IN THE LATTER PART OF NOVEMBER 1951, AND THAT YOUR WIFE WHO HAD TRAVELED FROM MCKEES ROCKS JOINED YOU THERE THE FOLLOWING DAY, SHE HAVING BEEN GRANTED TWO WEEKS' LEAVE BY HER EMPLOYER AT MCKEES ROCKS. YOU THEN PROCEEDED WITH HER TO SAN DIEGO PURSUANT TO ORDERS OF DECEMBER 12, 1951, TRANSFERRING YOU FROM THE U.S.S. HECTOR TO SEPARATION ACTIVITY, NAVAL RECEIVING STATION, SAN DIEGO, CALIFORNIA, FOR RELEASE FROM ACTIVE DUTY, SAID ORDERS CITING ALNAVS 62 AND 126, 1951, AS AUTHORITY. YOUR RELEASE FROM ACTIVE DUTY WAS EFFECTED BY ORDERS ISSUED AT THE LATTER STATION ON DECEMBER 19, 1951, AND YOU STATE THE TRAVEL INVOLVED WAS ACCOMPLISHED DURING THE PERIOD DECEMBER 19 TO 20, 1951.

ALNAV 62, JULY 2, 1951, CONTAINED REGULATIONS FIXING THE DATES NAVAL RESERVE PERSONNEL THEN ON ACTIVE DUTY WOULD BECOME ELIGIBLE FOR RELEASE FROM ACTIVE DUTY. ALNAV 126, DECEMBER 7, 1951, PROVIDED THAT:

ENLISTED PERSONNEL OF THE REGULAR NAVY AND NAVAL RESERVE WHO NORMALLY WILL BE ELIGIBLE FOR SEPARATION (DISCHARGE OR RELEASE) BETWEEN 20 DECEMBER AND 6 JANUARY MAY BE SEPARATED PRIOR 20 DECEMBER, IF PRACTICABLE.

YOUR WIFE APPARENTLY PREFERRED TO LIVE AT MCKEES ROCKS WHILE YOU WERE ON SEA DUTY, AND SINCE SHE ARRANGED FOR ONLY A SHORT PERIOD OF LEAVE FROM HER EMPLOYMENT AT THAT PLACE, IT APPEARS CLEAR THAT THE PURPOSE OF HER TRIP TO LONG BEACH WAS TO VISIT WITH YOU AND PROBABLY TO ACCOMPANY YOU HOME, RATHER THAN FOR THE PURPOSE OF ESTABLISHING A RESIDENCE AT THAT PLACE. YOU MUST HAVE BEEN FULLY AWARE OF THE FACT THAT YOUR RELEASE FROM ACTIVE DUTY WAS IMMINENT, SINCE YOU WOULD NOT HAVE BEEN RELEASED FROM ACTIVE DUTY UNDER ALNAV 126 UNLESS YOU WERE ELIGIBLE FOR RELEASE BETWEEN DECEMBER 20, 1951, AND JANUARY 6, 1952. THE LAW DOES NOT CONTEMPLATE THE FURNISHING OF TRANSPORTATION AT GOVERNMENT EXPENSE UNDER SUCH CIRCUMSTANCES, AND THE SETTLEMENT OF JULY 3, 1953, ACCORDINGLY IS SUSTAINED. THE REIMBURSEMENT RECEIVED BY YOU ABOARD THE U.S.S. HECTOR FOR YOUR WIFE'S TRAVEL TO LONG BEACH WAS ERRONEOUS AND SHOULD BE REFUNDED.

THE PAPERS CONSTITUTING YOUR CLAIM HAVE NOW BECOME PART OF THE PERMANENT RECORDS OF THIS OFFICE AND MAY NOT BE RETURNED TO YOU.