B-43250, AUGUST 9, 1944, 24 COMP. GEN. 91

B-43250, AUGUST 9, 1944, 24 COMP. GEN. 91

TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL TO OTHER THAN FIRST UNRESTRICTED PERMANENT STATION THE RIGHT OF AN ARMY OFFICER OR ENLISTED MAN UNDER THE ACT OF JUNE 5, 1942, AND REGULATIONS PURSUANT THERETO, TO TRANSPORTATION FOR DEPENDENTS FROM THE DESIGNATED PLACE TO WHICH THEY WERE MOVED WHEN NOT PERMITTED TO ACCOMPANY HIM TO A RESTRICTED DUTY STATION, TO AN UNRESTRICTED PERMANENT DUTY STATION TO WHICH LATER ASSIGNED, BUT MAY INCLUDE TRANSPORTATION TO ANY ONE OF THE SUBSEQUENT PERMANENT STATIONS TO WHICH THEY ARE PERMITTED TO ACCOMPANY HIM.

ASSISTANT COMPTROLLER GENERAL YATES TO COL. CARL WITCHER, U.S. ARMY, AUGUST 9, 1944:

THERE HAS BEEN RECEIVED BY INDORSEMENT OF JULY 10, 1944, YOUR LETTER OF JUNE 23, 1944, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF LIEUTENANT COLONEL ALEXANDER E. PATERSON, AIR CORPS, FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF HIS DEPENDENTS FROM MERRICK, LONG ISLAND, NEW YORK, TO SAN BERNARDINO, CALIFORNIA. YOUR LETTER ALSO REQUESTS A DECISION AS TO THE ACTION TO BE TAKEN IN OTHER SIMILAR CASES.

IT APPEARS THAT IN JUNE, 1942, WHEN COLONEL PATERSON WAS TRANSFERRED FROM A STATION AT LONG ISLAND, NEW YORK, TO A STATION OUTSIDE THE UNITED STATES HIS DEPENDENTS, WIFE, DAUGHTER AGE 16 YEARS AND THREE SONS AGES 14, 12 AND 10 YEARS, WERE RESIDING AT MERRICK, LONG ISLAND, NEW YORK. BY SPECIAL ORDERS NO. 324, HEADQUARTERS, ICELAND BASE COMMAND, DATED DECEMBER 1, 1943, HE WAS RETURNED TO THE UNITED STATES. SPECIAL ORDERS NO. 317, HEADQUARTERS, NORTH ATLANTIC WING, PRESQUE ISLE ARMY AIR FIELD, MAINE, DATED DECEMBER 20, 1943, SENT HIM TO THE REDISTRIBUTION CENTER STATION NO. 1, ATLANTIC CITY, NEW JERSEY. SPECIAL ORDERS NO. 55, HEADQUARTERS, REDISTRIBUTION STATION NO. 1, DATED FEBRUARY 24, 1944, ASSIGNED HIM TO HEADQUARTERS, AIR SERVICE COMMAND, PATTERSON FIELD, OHIO, AND SPECIAL ORDERS NO. 71, ARMY AIR FIELD, HEADQUARTERS, AIR SERVICE COMMAND, PATTERSON FIELD, OHIO DATED MARCH 21, 1944, ASSIGNED HIM TO SAN BERNARDINO ARMY AIR FIELD, SAN BERNARDINO, CALIFORNIA. HIS DEPENDENTS TRAVELED FROM MERRICK TO SAN BERNARDINO, BETWEEN MARCH 25 AND APRIL 8, 1944.

PARAGRAPH 5, 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 FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY * * * TO HIS NEW STATION FOR SUCH DEPENDENTS: * * * 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 * *

THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN THIS SECTION SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY OF ANY OFFICER, WARRANT OFFICER, NURSE, OR ENLISTED MAN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RETIRED PERSONNEL AND MEMBERS OF THE RESERVE COMPONENTS THEREOF, IN A GRADE FOR WHICH THE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE, AND THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH RETIREMENT, RELIEF FROM ACTIVE DUTY, OR TRANSFER TO A RESERVE COMPONENT.

SECTION 4 OF THE ACT OF JUNE 5, 1942, 56 STAT. 315, PROVIDES:

(A) THAT ANY FUNDS AVAILABLE FOR THE PAYMENT OF TRAVEL ALLOWANCES AND TRAVEL IN KIND, SHALL BE AVAILABLE FOR THE PAYMENT OF SUCH ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED FOR DEPENDENTS OF PERSONNEL OF THE REGULAR ARMY, FOR TRAVEL OF DEPENDENTS OF PERSONNEL OF CORRESPONDING GRADES IN THE ARMY OF THE UNITED STATES WHILE IN THE SERVICE OF THE UNITED STATES, AND FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO OR RELIEVED FROM ACTIVE DUTY: PROVIDED, THAT THE PROVISIONS OF THIS SUBSECTION SHALL BE APPLICABLE TO TRAVEL PERFORMED BY DEPENDENTS ON AND AFTER SEPTEMBER 8, 1939.

(B) WHEN SUCH MILITARY PERSONNEL ARE ON DUTY AT PLACES DESIGNATED BY THE SECRETARY OF WAR AS WITHIN ZONES FROM WHICH THEIR DEPENDENTS SHOULD BE EVACUATED FOR MILITARY REASONS, OR UPON TRANSFER, OR ASSIGNMENT TO DUTY OF SUCH MILITARY PERSONNEL TO PLACES WHERE THEIR DEPENDENTS ARE NOT, FOR MILITARY REASONS, PERMITTED TO ACCOMPANY THEM OR WHERE GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE NOT AVAILABLE, DEPENDENTS FOR WHOM TRAVEL ALLOWANCES AND TRAVEL IN KIND IS AUTHORIZED, * * * MAY BE MOVED AT GOVERNMENT EXPENSE TO SUCH LOCATIONS AS MAY BE DESIGNATED BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED AND LATER FROM SUCH LOCATIONS TO A DUTY STATION TO WHICH SUCH OFFICER, WARRANT OFFICER, OR ENLISTED MAN MAY BE ASSIGNED AND AT WHICH THE ABOVE RESTRICTIONS DO NOT APPLY: PROVIDED, THAT THE PROVISIONS OF THIS SUBSECTION SHALL BE APPLICABLE TO TRAVEL PERFORMED BY DEPENDENTS * * * ON AND AFTER DECEMBER 8, 1941.

(C) WHEN SUCH MILITARY PERSONNEL ARE ASSIGNED TO TEMPORARY DUTY AWAY FROM THEIR PERMANENT STATION ON ORDERS WHICH DO NOT PROVIDE FOR RETURN TO THE PERMANENT STATION, OR WHICH DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM THE PERMANENT STATION, DEPENDENTS FOR WHOM TRAVEL ALLOWANCES AND TRAVEL IN KIND ARE AUTHORIZED * * * MAY BE MOVED AT GOVERNMENT EXPENSE TO SUCH LOCATION IN THE UNITED STATES AS MAY BE DESIGNATED BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED AND LATER FROM SUCH LOCATION TO A PERMANENT DUTY STATION TO WHICH THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN IS ASSIGNED, SUBJECT TO SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE REGARDING THE SHIPMENT OF DEPENDENTS INTO SPECIFIED ZONES: PROVIDED, THAT THE PROVISIONS OF THIS SUBSECTION SHALL BE APPLICABLE TO TRAVEL PERFORMED BY DEPENDENTS * * * ON AND AFTER DECEMBER 8, 1941.

ARMY REGULATIONS 55-120, PARAGRAPH 8 (4) (A) (B) (C) AND (D), PROVIDE:

(A) WHEN AUTHORIZED.--- EXCEPT AS PROVIDED IN (D) BELOW, FOR THE PERIOD BEGINNING DECEMBER 8, 1941, AND ENDING 6 MONTHS AFTER THE TERMINATION OF THE WAR, OR SUCH EARLIER TIME AS THE CONGRESS BY CONCURRENT RESOLUTION OR THE PRESIDENT BY PROCLAMATION MAY DESIGNATE, DEPENDENTS OF MILITARY PERSONNEL MAY BE FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE WHEN OFFICERS, WARRANT OFFICERS, OR ENLISTED MEN ABOVE THE FOURTH GRADE ARE---

3. OUTSIDE THE UNITED STATES.--- ASSIGNED TO TEMPORARY DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, AWAY FROM THEIR PERMANENT STATIONS ON ORDERS WHICH DO NOT PROVIDE FOR RETURN TO THE PERMANENT STATION, OR WHICH DO NOT SPECIFY ANY LIMIT TO THE PERIOD OF ABSENCE FROM STATION, OR *

(B) PLACES BETWEEN WHICH TRANSPORTATION IS AUTHORIZED.

1. RESTRICTED AREA; OUTSIDE THE UNITED STATES; QUARTERS NOT AVAILABLE.--- UNDER PROVISIONS OF (A), 2, 3, AND 4 ABOVE, FROM THE LAST PERMANENT STATION (OR HOME UNDER (1) (C) ABOVE) TO ANY PLACE IN THE CONTINENTAL UNITED STATES EXCLUSIVE OF ALASKA THAT SUCH MILITARY PERSONNEL MAY DESIGNATE, EXCEPT A PLACE WITHIN AN AREA DECLARED BY THE WAR DEPARTMENT TO BE RESTRICTED SO FAR AS TRAVEL OF DEPENDENTS IS CONCERNED. TRANSPORTATION MAY BE FURNISHED FROM A PLACE OTHER THAN THE LAST PERMANENT STATION UPON PAYMENT OF THE EXCESS COST, IF ANY. * * * * * * * *

(C) SUBSEQUENT TRANSFER.--- IF TRANSPORTATION IS FURNISHED AS PRESCRIBED IN (B) ABOVE AND SUCH MILITARY PERSONNEL IS LATER TRANSFERRED TO A PERMANENT DUTY STATION NOT WITHIN A RESTRICTED ZONE, DEPENDENTS MAY, SUBJECT TO (D) BELOW, BE FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE FROM THE PLACE TO WHICH THEY WERE SENT UNDER (B) ABOVE, TO THE NEW PERMANENT DUTY STATION, OR FROM ANY POINT TO THE NEW PERMANENT DUTY STATION UPON PAYMENT OF THE EXCESS COST, IF ANY.

(D) RESTRICTION.--- FOR MILITARY REASONS, FOR THE DURATION OF THE PRESENT WAR, THE PROVISIONS OF THIS SUBPARAGRAPH (4) ARE SUBJECT TO THE RESTRICTION THAT ONLY ONE SUCH MOVEMENT OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE ON AND AFTER SEPTEMBER 1, 1942, EXCEPT THAT THIS RESTRICTION WILL NOT APPLY TO MOVEMENTS WHICH MAY BE AUTHORIZED BY REASON OF MASS EVACUATION FROM DESIGNATED AREAS AS DIRECTED BY THE SECRETARY OF WAR. * * *

THE ABOVE-QUOTED PROVISIONS OF THE ACT OF JUNE 5, 1942, AND REGULATIONS ISSUED PURSUANT THERETO, AUTHORIZE OFFICERS AND ENLISTED MEN ENTITLED TO TRANSPORTATION FOR DEPENDENTS, TO DESIGNATE THE LOCATION TO WHICH THEY WILL SEND THEIR DEPENDENTS WHEN THEY ARE ASSIGNED TO DUTY UNDER THE CONDITIONS SPECIFIED, AND THE STATUTE FURTHER PROVIDES THAT THEY LATER MAY BE MOVED "FROM SUCH LOCATIONS TO A DUTY STATION" TO WHICH THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN MAY BE ASSIGNED. SINCE THE AUTHORITY UNDER THE STATUTE IS TO FURNISH TRANSPORTATION FROM THE DESIGNATED PLACE TO WHICH THE DEPENDENTS WERE MOVED TO A DUTY STATION AT WHICH THE OFFICER OR ENLISTED MAN LATER IS ASSIGNED, AND IN VIEW OF THE REGULATIONS RESTRICTING DEPENDENTS TO ONE MOVE AT GOVERNMENT EXPENSE ON AND AFTER SEPTEMBER 1, 1942, THE RIGHT TO TRANSPORTATION OF DEPENDENTS FROM THE DESIGNATED LOCATION TO WHICH THEY WERE MOVED WOULD NOT APPEAR TO BE LIMITED TO TRANSPORTATION FROM SUCH DESIGNATED LOCATION TO THE FIRST PERMANENT DUTY STATION TO WHICH THE OFFICER OR ENLISTED MAN LATER IS ASSIGNED. ACCORDINGLY, YOU ARE ADVISED THAT THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO PAYMENTS FOR TRANSPORTATION OF DEPENDENTS FROM THE DESIGNATED LOCATION TO WHICH THEY WERE MOVED, IN ACCORDANCE WITH THE ABOVE -QUOTED PROVISION OF THE STATUTE, TO A DUTY STATION OTHER THAN THE FIRST PERMANENT DUTY STATION TO WHICH THE OFFICER OR ENLISTED MAN LATER IS ASSIGNED, PROVIDED SUCH PAYMENTS ARE PROPER IN ALL OTHER RESPECTS.

COLONEL PATERSON HAVING BEEN ORDERED TO AN OVERSEAS STATION WHERE, FOR MILITARY REASONS, HIS DEPENDENTS WERE NOT PERMITTED TO ACCOMPANY HIM, AND HAVING ELECTED TO LEAVE THEM AT MERRICK, LONG ISLAND, NEW YORK, WHILE ON SUCH DUTY, IS ENTITLED IN ACCORDANCE WITH THE FOREGOING TO REIMBURSEMENT OF THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENTS FROM THAT PLACE TO SAN BERNARDINO, CALIFORNIA, A DUTY STATION TO WHICH HE WAS ASSIGNED AFTER HIS ASSIGNMENT TO THE STATION WHERE HIS DEPENDENTS WERE NOT PERMITTED TO ACCOMPANY HIM.

THE VOUCHER SUBMITTED IS RETURNED HEREWITH AND PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.