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A RESERVE OFFICER WHOSE FIRST PERMANENT ASSIGNMENT WAS SEA DUTY MAY BE ALLOWED. NOT TO EXCEED WHAT THE COST OF TRANSPORTATION SIMILAR TO THAT ACTUALLY USED WOULD HAVE BEEN FROM HIS HOME. 1945: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13. REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH CONSTITUTING THE CLAIM OF SECOND LIEUTENANT INGRAM R. WHICH ASSIGNED HIM TO SEA DUTY OR TO A PLACE WHERE HIS DEPENDENTS WERE NOT PERMITTED TO GO. OF GRADES ENTITLING THEM TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ON CHANGE OF STATION (A) WHEN ON DUTY AT PLACES DESIGNATED BY THE SECRETARY OF THE NAVY AS WITHIN ZONES FROM WHICH THEIR DEPENDENTS SHOULD BE EVACUATED FOR MILITARY REASONS OR FOR THE PURPOSE OF RELIEVING CONGESTION IN THE VICINITY OF NAVAL ACTIVITIES OR WHERE GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE NOT AVAILABLE.

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B-44556, MARCH 24, 1945, 24 COMP. GEN. 694

TRANSPORTATION OF DEPENDENTS OF MARINE CORPS RESERVE OFFICER HAVING NO PERMANENT STATION PRIOR TO SEA DUTY ASSIGNMENT UNDER THE ACT OF NOVEMBER 28, 1943, AUTHORIZING TRANSPORTATION OF MARINE CORPS RESERVE OFFICERS' DEPENDENTS "FROM THEIR STATIONS" TO SELECTED LOCATIONS WHEN ASSIGNED TO SEA DUTY, AND IN VIEW OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, REGARDING THE CHANGE FROM AN OFFICER'S HOME TO FIRST PERMANENT STATION AS A CHANGE OF STATION FOR PURPOSES OF TRANSPORTATION OF DEPENDENTS, A RESERVE OFFICER WHOSE FIRST PERMANENT ASSIGNMENT WAS SEA DUTY MAY BE ALLOWED, IN CONNECTION WITH TRAVEL OF HIS WIFE FROM HIS LAST TEMPORARY STATION TO A SELECTED PLACE, NOT TO EXCEED WHAT THE COST OF TRANSPORTATION SIMILAR TO THAT ACTUALLY USED WOULD HAVE BEEN FROM HIS HOME.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. JOHN F. PEARCE, U.S. MARINE CORPS, MARCH 24, 1945:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13, 1944, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH CONSTITUTING THE CLAIM OF SECOND LIEUTENANT INGRAM R. HENRY, JR., USMCR, FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF HIS DEPENDENT WIFE FOR TRAVEL PERFORMED JANUARY 1 TO 3, 1944, FROM HIS TEMPORARY STATION, NEW RIVER, NORTH CAROLINA, TO CLEBURNE, TEXAS, INCIDENT TO ORDERS OF DECEMBER 27, 1943, WHICH ASSIGNED HIM TO SEA DUTY OR TO A PLACE WHERE HIS DEPENDENTS WERE NOT PERMITTED TO GO.

SECTION 1 OF THE ACT OF NOVEMBER 28, 1943, 57 STAT. 593, PROVIDES:

THAT OFFICERS AND ENLISTED MEN OF THE NAVY, MARINE CORPS, AND COAST GUARD, AND THE RESERVE COMPONENTS THEREOF WHEN ON ACTIVE DUTY, OF GRADES ENTITLING THEM TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ON CHANGE OF STATION (A) WHEN ON DUTY AT PLACES DESIGNATED BY THE SECRETARY OF THE NAVY AS WITHIN ZONES FROM WHICH THEIR DEPENDENTS SHOULD BE EVACUATED FOR MILITARY REASONS OR FOR THE PURPOSE OF RELIEVING CONGESTION IN THE VICINITY OF NAVAL ACTIVITIES OR WHERE GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE NOT AVAILABLE; (B) OR UPON TRANSFER OR ASSIGNMENT OF SUCH OFFICERS AND ENLISTED MEN TO SEA DUTY, AS SUCH DUTY MAY BE DEFINED BY THE SECRETARY OF THE NAVY; (C) OR UPON TRANSFER OR ASSIGNMENT OF SUCH OFFICERS AND ENLISTED MEN TO DUTY AT PLACES WHERE THEIR DEPENDENTS FOR MILITARY REASONS ARE NOT PERMITTED TO JOIN THEM OR WHERE THE GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE NOT AVAILABLE, MAY, UPON APPLICATION OF SUCH PERSONNEL OR THEIR DEPENDENTS, BE ALLOWED, SUBJECT TO SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, TRANSPORTATION FOR THEIR DEPENDENTS AND HOUSEHOLD EFFECTS, INCLUDING PACKING, CRATING, AND UNPACKING THEREOF, FROM THEIR STATIONS OR PLACES OF STORAGE IN THE UNITED STATES TO ANY OTHER POINT IN THE UNITED STATES, AND FROM SUCH POINTS TO NEW STATIONS IN THE UNITED STATES TO WHICH SUCH PERSONNEL MAY BE SUBSEQUENTLY ORDERED FOR DUTY, AND AT WHICH THEIR DEPENDENTS ARE NOT RESTRICTED FROM JOINING THEM OR GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE AVAILABLE.

YOU STATE THAT---

RECORDS OF THIS HEADQUARTERS SHOW THAT THE CLAIMANT FIRST ATTAINED A RANK ENTITLING HIM TO TRANSPORTATION OF DEPENDENTS AT QUANTICO, VIRGINIA ON 28 JUNE, 1943 AND THAT HE WAS MARRIED AT QUANTICO, VIRGINIA ON 21 AUGUST, 1943. THE RECORDS FURTHER SHOW THAT THE CLAIMANT WAS DETACHED FROM QUANTICO, VIRGINIA ON 6 OCTOBER, 1943 AND ORDERED TO CAMP LEJEUNE, NORTH CAROLINA FOR FURTHER DUTY UNDER INSTRUCTION. THE RECORDS ALSO SHOW THAT THE CLAIMANT WAS ORDERED FROM TEMPORARY DUTY AT CAMP LEJEUNE, NORTH CAROLINA TO SEA DUTY BY ORDERS DATED 27 DECEMBER 1943, CERTIFICATE IN LIEU OF WHICH IS ENCLOSED.

INASMUCH AS THE ABOVE-MENTIONED DUTY AT QUANTICO, VIRGINIA AND AT NEW RIVER, NORTH CAROLINA WAS TEMPORARY DUTY THE FIRST PERMANENT DUTY STATION OF THE CLAIMANT OTHER THAN HIS HOME OF RECORD WAS THE SEA DUTY STATION THE CLAIMANT WAS ORDERED TO PROCEED TO AS EVIDENCED BY THE ENCLOSED CERTIFICATE. THE RECORDS FURTHER SHOW THAT THE OFFICIAL RESIDENCE OF RECORD OF THE CLAIMANT ON ASSIGNMENT TO ACTIVE DUTY WAS ARDMORE, OKLAHOMA.

REGULATIONS ISSUED DECEMBER 23, 1943, BY THE SECRETARY OF THE NAVY PURSUANT TO THE ABOVE CITED ACT OF NOVEMBER 28, 1943, AND PUBLISHED IN NAVY DEPARTMENT BULLETIN OF DECEMBER 31, 1943, R-1725, PROVIDE THAT PERSONNEL OF THE MARINE CORPS, AMONG OTHERS, ENTITLED TO TRANSPORTATION FOR DEPENDENTS ON A PERMANENT CHANGE OF STATION, MAY WHEN ASSIGNED TO SEA DUTY,"UPON APPLICATION OF SUCH PERSONNEL OR THEIR DEPENDENTS, BE ALLOWED TRANSPORTATION FOR THEIR DEPENDENTS FROM THEIR PERMANENT DUTY STATIONS IN CONTINENTAL UNITED STATES TO ANY OTHER POINTS IN CONTINENTAL UNITED STATES.' IT WILL BE NOTED THAT THESE REGULATIONS DO NOT AUTHORIZE ALLOWANCE OF TRANSPORTATION FOR DEPENDENTS FROM A TEMPORARY DUTY STATION. HOWEVER, SINCE THE OFFICER HERE INVOLVED DID NOT AT ANY TIME HAVE A PERMANENT STATION PRIOR TO THE DATE OF THE ORDER ASSIGNING HIM TO SEA DUTY; AND SINCE UNDER PARAGRAPH 6 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 366, A CHANGE FROM THE OFFICER'S HOME TO FIRST PERMANENT STATION MAY BE REGARDED AS A "PERMANENT CHANGE OF STATION" FOR PURPOSES OF TRANSPORTATION OF DEPENDENTS, THERE MAY BE ALLOWED IN THIS CASE NO MORE THAN THE COST THAT WOULD HAVE BEEN INCURRED IF THE DEPENDENT HAD BEEN TRANSPORTED FROM THE OFFICER'S HOME OF RECORD TO THE POINT IN THE UNITED STATES TO WHICH HE ELECTED TO HAVE HER GO AT THE TIME OF HIS ASSIGNMENT TO SEA DUTY.

ACCORDINGLY, LIEUTENANT HENRY IS ENTITLED TO REIMBURSEMENT OF THE COST OF TRANSPORTATION ACTUALLY UTILIZED BY HIS DEPENDENT WIFE IN TRAVELING FROM NEW RIVER, NORTH CAROLINA, TO CLEBURNE, TEXAS, NOT TO EXCEED THE COST OF TRANSPORTATION SIMILAR TO THAT USED, FROM ARDMORE, OKLAHOMA, HIS HOME OF RECORD, TO CLEBURNE, TEXAS.

THE VOUCHER IS RETURNED HEREWITH AND SHOULD BE COMPLETED TO SHOW THE COST OF THE TRANSPORTATION FOR THE TRAVEL AS ACTUALLY PERFORMED AND THE MEANS OF TRANSPORTATION UTILIZED. THEN, IF OTHERWISE CORRECT, PAYMENT THEREON MAY BE MADE ON THE BASIS HEREINABOVE INDICATED.

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