B-145284, APR. 14, 1961

B-145284, APR. 14, 1961

TO MRS. THELMA GARRISON:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 26, 1961, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 3, 1961, WHICH DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOURSELF AND TWO CHILDREN FROM EAST OAKLAND, CALIFORNIA, TO NEW HAVEN, CONNECTICUT, DURING THE PERIOD SEPTEMBER 8 TO 12, 1960, INCIDENT TO THE DEATH OF YOUR HUSBAND, ALBERT GARRISON, 226 41 85, UNITED STATES NAVY.

THE RECORD SHOWS THAT ALBERT GARRISON DIED JULY 12, 1957, WHILE ON ACTIVE DUTY AS STEWARD, THIRD CLASS, UNITED STATES NAVY, NAVAL AIR STATION, ALAMEDA, CALIFORNIA. SINCE YOU DID NOT BEGIN THE TRAVEL FOR WHICH YOU CLAIM REIMBURSEMENT UNTIL SEPTEMBER 8, 1960, MORE THAN 3 YEARS AFTER THE DATE OF YOUR HUSBAND'S DEATH, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT DEPENDENTS' TRAVEL IN ORDER TO BE CONSIDERED INCIDENT TO THE DEATH OF THE MEMBER MUST BE PERFORMED WITHIN A REASONABLE TIME AFTER HIS DEATH AND IT HAS BEEN HELD THAT UNDER THE APPLICABLE REGULATIONS SUCH TRAVEL MUST BE PERFORMED WITHIN 1 YEAR OF THE MEMBER'S DEATH.

WITH YOUR LETTER OF FEBRUARY 26, 1961, YOU FORWARDED A LETTER DATED AUGUST 9, 1960, TO YOU FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, DEPARTMENT OF THE NAVY, WASHINGTON, D.C., WHICH, IN VIEW OF THE EXTENUATING CIRCUMSTANCES IN YOUR CASE, GRANTED AN EXTENSION OF TIME FOR SHIPMENT OF YOUR HOUSEHOLD GOODS AND AUTHORIZED SHIPMENT AT GOVERNMENT EXPENSE PROVIDED THE GOODS WERE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER PRIOR TO FEBRUARY 1961. YOU SEEM TO HAVE INTERPRETED THAT LETTER AS ALSO EXTENDING THE TIME FOR PERFORMANCE OF YOUR PERSONAL TRAVEL AND THAT OF YOUR CHILDREN AT GOVERNMENT EXPENSE.

SECTION 12 OF THE MISSING PERSONS ACT, AS AMENDED, 50 U.S.C., APP. 1012, PROVIDES FOR THE MOVING OF DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF ANY PERSON IN ACTIVE SERVICE (WITHOUT REGARD TO PAY GRADE) WHO IS OFFICIALLY REPORTED AS DEAD, INJURED, MISSING FOR A PERIOD OF 30 DAYS OR MORE, INTERNED IN A FOREIGN COUNTRY OR CAPTURED BY A HOSTILE FORCE. ALSO, SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF1949, AS AMENDED, 37 U.S.C. 253 (C), AUTHORIZES TRANSPORTATION FOR DEPENDENTS AND BAGGAGE AND HOUSEHOLD EFFECTS UPON THE DEATH OF A MEMBER OF THE UNIFORMED SERVICES WHILE ENTITLED TO RECEIVE BASIC PAY. PARAGRAPH 7010 OF THE JOINT TRAVEL REGULATIONS PROMULGATED UNDER AUTHORITY OF THE LATTER ACT PROVIDES THAT THE DEPENDENTS OF MEMBERS, REGARDLESS OF RANK OR GRADE, WHO DIE WHILE ON ACTIVE DUTY, MAY BE MOVED AT GOVERNMENT EXPENSE TO ANY PLACE THEY MAY DESIGNATE. PARAGRAPH 8011-2 (CHANGE 54) IN EFFECT AT THE TIME OF YOUR HUSBANDS DEATH PROVIDES THAT THE EFFECTS OF ALL MEMBERS, REGARDLESS OF RANK OR GRADE, WHO DIE WHILE ON ACTIVE DUTY MAY BE SHIPPED AT GOVERNMENT EXPENSE FROM THEIR LAST DUTY STATION, OF PLACE TO WHICH SUCH GOODS WERE LAST SHIPPED AT GOVERNMENT EXPENSE, OR BOTH, TO THE HOME OF THE PERSON LEGALLY ENTITLED THERETO. PARAGRAPH 8011-4A PROVIDES THAT ENTITLEMENT TO SHIPMENT OF HOUSEHOLD GOODS WILL TERMINATE IN ANY CASE WHERE SUCH GOODS ARE NOT TURNED OVER TO A TRANSPORTATION OFFICER OR TO A CARRIER FOR SHIPMENT WITHIN ONE YEAR FROM THE DATE OF DECEASE, UNLESS AN EXTENSION IS APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE.

IT MAY BE SEEN FROM THE ABOVE THAT ONLY WITH RESPECT TO THE TRANSPORTATION OF HOUSEHOLD GOODS OF THE DECEASED MEMBER, IS THERE EXPRESSLY PROVIDED A TIME LIMIT AS WELL AS A PROVISION FOR THE EXTENSION OF SUCH LIMITATION. HOWEVER, WHAT IS REASONABLY IMPLIED IN A STATUTE IN AS MUCH A PART OF IT AS WHAT IS EXPRESSED. DILLON V. GLOSS, 256 U.S. 368, 373. THE FUNDAMENTAL REASON FOR PROVIDING TRANSPORTATION FOR DEPENDENTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE UNDER THESE CIRCUMSTANCES IS TO INSURE THEIR RETURN TO FAMILY OR FRIENDS DURING A DIFFICULT PERIOD OF LIFE, OR, IF NECESSITY DEMANDS, THEIR TRAVEL TO A COMMUNITY WHERE THERE ARE EMPLOYMENT OPPORTUNITIES. HENCE, THERE IS AN IMPLIED LIMITATION THAT THIS TRAVEL MUST BE PERFORMED WITHIN A REASONABLE TIME IF IT IS TO BE AT GOVERNMENT EXPENSE. 36 COMP. GEN. 781.

WITH RESPECT IN GENERAL TO SITUATIONS RESULTING IN THE TERMINATION OF A MEMBER'S SERVICE, THE REGULATIONS PROVIDE THAT TRANSPORTATION OF DEPENDENTS MUST BE PERFORMED WITHIN ONE YEAR AFTER TERMINATION OF SERVICE. THIS WAS THE LONG STANDING RULE OF THE ACCOUNTING OFFICERS BEFORE SUCH RESTRICTIONS WERE INCLUDED IN THE LAW AND REGULATIONS. SEE 4 COMP. GEN. 954; 8 ID. 327; 16 ID. 228; AND 24 ID. 291, 298. THE RULE WAS PREDICATED PRIMARILY UPON THE DETERMINATION THAT TRAVEL WITHIN ONE YEAR UNDER CIRCUMSTANCES OF RETIREMENT OR TERMINATION OF ACTIVE DUTY IS A REASONABLE TIME WITHIN WHICH SUCH TRAVEL MAY BE CONSIDERED TO BE INCIDENT TO TERMINATION OF SERVICE. THE REGULATIONS MAKE NO PROVISION FOR AN EXTENSION OF TIME IN REGARD TO PERSONAL TRAVEL OF DEPENDENTS OF DECEASED MEMBERS OF THE UNIFORMED SERVICES, PARAGRAPH 8011 (NOW 8353) AND LETTER DATED AUGUST 9, 1960, ON WHICH YOU RELY, BEING LIMITED TO SHIPMENT OF HOUSEHOLD EFFECTS OF THE DECEDENT. SINCE YOU AND THE CHILDREN TRAVELED MORE THAN ONE YEAR AFTER YOUR HUSBANDS DEATH, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES.