B-58038, JANUARY 30, 1947, 26 COMP. GEN. 533

B-58038, JANUARY 30, 1947, 26 COMP. GEN. 533

MILEAGE; TRANSPORTATION OF DEPENDENTS - PUBLIC HEALTH SERVICE OFFICERS - LAST STATION TO HOME MILEAGE MAY BE PAID UNDER THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, FOR TRAVEL BY COMMISSIONED OFFICERS OF THE REGULAR CORPS AND RESERVE CORPS OF THE PUBLIC HEALTH SERVICE FROM LAST STATION TO HOME INCIDENT TO SEPARATION FROM SERVICE, WHETHER AS THE RESULT OF VOLUNTARY RESIGNATION, OR AS THE RESULT OF DISCHARGE, NOT OCCASIONED BY MISCONDUCT, UPON THE OFFICER'S REQUEST AND FOR HIS OWN CONVENIENCE OR UPON THE INITIATIVE AND AT THE INSTANCE OF THE GOVERNMENT, PROVIDED TRAVEL BE PERFORMED PRIOR TO THE EFFECTIVE DATE OF SEPARATION FROM SERVICE UNDER COMPETENT ORDERS DIRECTING SUCH TRAVEL. 26 COMP. GEN. 18, AMPLIFIED; 23 ID. 401, DISTINGUISHED. A COMMISSIONED OFFICER OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, UPON SEPARATION FROM SERVICE EITHER AS THE RESULT OF VOLUNTARY RESIGNATION OR AS THE RESULT OF DISCHARGE, NOT OCCASIONED BY HIS OWN MISCONDUCT, UPON HIS REQUEST AND FOR HIS OWN CONVENIENCE OR UPON THE INITIATIVE AND AT THE INSTANCE OF THE GOVERNMENT, IS ENTITLED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM LAST STATION TO HOME OR PLACE OF NOT GREATER DISTANCE.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR, FEDERAL SECURITY AGENCY, JANUARY 30, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 1, 1946, AS FOLLOWS:

REFERENCE IS MADE TO YOUR DECISION B-58038 OF JULY 12, 1946, (26 COMP. GEN. 18), WHICH WAS IN REPLY TO AN INQUIRY OF THIS AGENCY DATED MAY 23, 1946.

OUR INQUIRY OF MAY 23, 1946, PRESENTED THREE QUESTIONS WITH RESPECT TO THE ACCEPTANCE OF RESIGNATIONS OF COMMISSIONED OFFICERS OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE. THE DECISION RECEIVED SPECIFICALLY ANSWERED QUESTIONS 2 AND 3. IN ANSWER TO THOSE QUESTIONS, YOUR OFFICE ADVISED, IN THE LAST PARAGRAPH OF THE DECISION, THAT "OFFICERS OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE ARE NOT ENTITLED TO TRANSPORTATION OF THEIR DEPENDENTS OR TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS TO THEIR HOMES UPON RESIGNATION FROM THE SERVICE.' (ITALICS SUPPLIED.) HOWEVER, IN ANSWER TO THE FIRST QUESTION, WHICH RELATED ALSO TO SUCH OFFICERS RESIGNING FROM THE SERVICE, YOU ADVISED AT PAGE 3 THAT "AN OFFICER OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE UPON DISCHARGE NOT THE RESULT OF HIS OWN MISCONDUCT WOULD BE ENTITLED TO MILEAGE FROM HIS LAST STATION TO HIS HOME PROVIDED THAT THE TRAVEL WAS PERFORMED PRIOR TO THE EFFECTIVE DATE OF SUCH DISCHARGE UNDER COMPETENT ORDERS DIRECTING SUCH TRAVEL.' (ITALICS SUPPLIED.) YOU WILL NOTE THAT ALTHOUGH ALL THREE QUESTIONS RELATED TO RESIGNATIONS OF SUCH OFFICERS, YOUR ANSWER TO THE FIRST QUESTION RELATES TO THE DISCHARGE OF SUCH OFFICERS NOT THE RESULT OF MISCONDUCT. UNLESS YOU INTENDED INFERENTIALLY TO ADVISE THAT THE ACCEPTANCE OF A RESIGNATION WHEN TENDERED BY SUCH AN OFFICER IS THE SAME AS A DISCHARGE AND WITHIN THE MEANING OF THE WORDS,"DISCHARGE NOT THE RESULT OF * * * MISCONDUCT * * *," AS THE QUOTED WORDS ARE USED IN SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, (37 U.S.C. 112), YOUR ANSWER TO QUESTION 1 DOES NOT APPEAR TO BE RESPONSIVE TO THE QUESTION ASKED. IT MAY BE ADDED THAT THE RESIGNATIONS OF THE OFFICERS IN QUESTION ARE NOT TENDERED AND ACCEPTED UPON THE INITIATIVE AND AT THE INSTANCE OF THE SERVICE, BUT ARE TENDERED AND ACCEPTED AT THE INSTANCE AND FOR THE CONVENIENCE OF THE OFFICERS. CF. 23 COMP. GEN. 401, PARTICULARLY THE PARAGRAPH COMMENCING AT THE BOTTOM OF PAGE 402 AND ENDING ON PAGE 403. IN ORDER TO CLARIFY YOUR SAID ANSWER TO QUESTION 1, YOUR ANSWERS ARE REQUESTED TO THE FOLLOWING QUESTIONS:

1. IS YOUR ANSWER TO QUESTION NO. 1 APPEARING AT PAGE 3 OF YOUR DECISION OF JULY 12, 1946, B-58038, TO BE INTERPRETED TO MEAN THAT WHEN A COMMISSIONED OFFICER OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE FOR HIS OWN CONVENIENCE, AND NOT UPON THE INITIATIVE AND AT THE INSTANCE OF THE SERVICE, TENDERS HIS RESIGNATION AND IT IS ACCEPTED, HE IS ENTITLED TO MILEAGE FROM HIS LAST STATION TO HIS HOME PROVIDED THAT THE TRAVEL WAS PERFORMED PRIOR TO THE EFFECTIVE DATE OF HIS RESIGNATION AND UNDER COMPETENT ORDERS DIRECTING HIS TRAVEL?

2. IS YOUR ANSWER TO QUESTION NO. 1 AS IT APPEARS ON PAGE 3 OF YOUR DECISION OF JULY 12, 1946, B-58038, TO BE INTERPRETED TO MEAN THAT WHEN A COMMISSIONED OFFICER OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE IS DISCHARGED PURSUANT TO HIS OWN REQUEST AND FOR HIS OWN CONVENIENCE, AND NOT UPON THE INITIATIVE NOR AT THE INSTANCE OF THE SERVICE, AND NOT AS THE RESULT OF MISCONDUCT ON HIS PART, HE IS ENTITLED TO MILEAGE FROM HIS LAST STATION TO HIS HOME PROVIDED THAT THE TRAVEL WAS PERFORMED PRIOR TO THE EFFECTIVE DATE OF SUCH DISCHARGE UNDER COMPETENT ORDERS DIRECTING SUCH TRAVEL?

IF THE RULE STATED IN 23 COMP. GEN. 401, PP. 402-403, IS APPLICABLE TO SEPARATIONS OF PUBLIC HEALTH SERVICE OFFICERS, THEN IT BECOMES NECESSARY THAT WE BE ADVISED WITH RESPECT TO SEPARATIONS OF OFFICERS OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE. CONSEQUENTLY, WE REQUEST YOUR ANSWERS TO THE FOLLOWING QUESTIONS:

3. UPON RESIGNATION OF OFFICERS OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE WHILE ON ACTIVE DUTY, AT THE INSTANCE AND FOR THE CONVENIENCE OF SUCH OFFICERS AND NOT UPON THE INITIATIVE NOR AT THE INSTANCE OF THE SERVICE, ARE THEY ENTITLED TO (A) MILEAGE FROM THEIR LAST POST OF DUTY TO THE PLACE OF RECORD AS THEIR HOMES OR TO A PLACE OF NOT GREATER DISTANCE; (B) TRANSPORTATION FOR THEIR HOUSEHOLD GOODS AND EFFECTS FROM SUCH LAST DUTY STATION TO THE PLACE OF RECORD AS THEIR HOMES OR TO A PLACE OF NOT GREATER DISTANCE; (C) TRANSPORTATION OR MILEAGE ALLOWANCE FOR THEIR DEPENDENTS FROM THEIR LAST DUTY STATION TO THE PLACE OF RECORD AS THEIR HOMES OR TO A PLACE OF NOT GREATER DISTANCE.

4. DO YOUR ANSWERS TO QUESTIONS 3 (A), 3 (B), AND 3 (C) APPLY ALSO WHEN SUCH RESERVE OFFICERS ARE DISCHARGED UPON THEIR REQUEST AND FOR THEIR OWN CONVENIENCE AND NOT UPON THE INITIATIVE NOR AT THE INSTANCE OF THE SERVICE AND SUCH DISCHARGE IS NOT THE RESULT OF MISCONDUCT?

5. IF SUCH RESERVE OFFICERS ARE DISCHARGED, NOT UPON THEIR REQUEST NOR FOR THEIR CONVENIENCE, NOR AS A RESULT OF MISCONDUCT ON THEIR PART, BUT UPON THE INITIATIVE AND AT THE INSTANCE OF THE SERVICE, WOULD YOUR ANSWERS TO QUESTIONS 3 (A), 3 (B), AND 3 (C) BE THE SAME?

QUESTIONS 3, 4, AND 5 ARE INCLUDED BECAUSE OF UNCERTAINTY AS TO THE EFFECT OF THE DECISIONS IN 22 COMP. GEN. 30, 23 COMP. GEN. 73, AND 25 COMP. GEN. 425 (FIRST PART OF FIRST SENTENCE, SECOND FULL PARAGRAPH AT PAGE 426).

THE FIRST PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED BY SECTION 202 OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 604, 60 STAT. 858, PROVIDES AS FOLLOWS:

OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING ACTIVE AND RETIRED PERSONNEL OF THE REGULAR ESTABLISHMENTS AND MEMBERS OF THE RESERVE COMPONENTS THEREOF AND THE NATIONAL GUARD, WHILE ON ACTIVE DUTY IN THE FEDERAL SERVICE, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, INCLUDING TRAVEL FROM HOME TO FIRST STATION IN CONNECTION WITH THEIR APPOINTMENT OR CALL TO ACTIVE DUTY AND FROM LAST STATION TO HOME IN CONNECTION WITH RELIEF FROM ACTIVE DUTY OR DISCHARGE NOT THE RESULT OF THEIR OWN MISCONDUCT, SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE, DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE AND EXISTING LAWS PROVIDING FOR THE ISSUE OF TRANSPORTATION REQUESTS TO OFFICERS OF THE ARMY TRAVELING UNDER COMPETENT ORDERS, AND FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES, ARE HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED IN THE TITLE OF THE ACT: PROVIDED, THAT THE HEAD OF THE EXECUTIVE DEPARTMENT CONCERNED MAY, IN HIS DISCRETION, DIRECT THAT, IN LIEU OF MILEAGE, ACTUAL AND NECESSARY EXPENSES SHALL BE ALLOWED TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM SUCH POSTS. ACTUAL EXPENSES ONLY SHALL BE PAID FOR TRAVEL UNDER ORDER IN ALASKA AND OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA.

THE SPECIFIC PROVISION FOR THE PAYMENT OF MILEAGE TO OFFICERS TRAVELING UNDER COMPETENT ORDERS ,FROM LAST STATION TO HOME IN CONNECTION WITH RELIEF FROM ACTIVE DUTY OR DISCHARGE NOT THE RESULT OF THEIR OWN MISCONDUCT" WAS FIRST INCLUDED IN THE PARAGRAPH BY SECTION 9 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730.

IN THE DECISION OF DECEMBER 3, 1943, 23 COMP. GEN. 401, REFERRED TO IN YOUR LETTER, IT WAS SAID, WITH RESPECT TO AN APPROPRIATION PROVISION FOR FURNISHING TRANSPORTATION IN KIND AND SUBSISTENCE TO "DISCHARGED MIDSHIPMEN," THAT:

THE WORD "DISCHARGED," IN ITS GENERALLY ACCEPTED SENSE, IMPLIES ACTION INITIATED BY THE EMPLOYER OR SUPERIOR--- IN THIS CASE THE GOVERNMENT--- WHICH IS MORE OR LESS ADVERSE TO THE EMPLOYEE OR SUBORDINATE. THAT IS TO SAY, THE TERMINATION OF THE SERVICE IS AT THE INSTANCE OF THE EMPLOYER RATHER THAN OF THE EMPLOYEE. FOR MANY YEARS VARIOUS PROVISIONS OF LAW HAVE PRESCRIBED A TRAVEL ALLOWANCE FOR OFFICERS AND ENLISTED MEN OF THE ARMED FORCES ON THEIR DISCHARGE FROM THE SERVICE AND SUCH LEGISLATION CONSISTENTLY HAS BEEN HELD AS NOT EXTENDING TO CASES WHERE THE SEPARATION IS AT THE REQUEST, AND FOR THE CONVENIENCE, OF THE OFFICER OR ENLISTED MAN, NOTWITHSTANDING THAT IN THE MILITARY SERVICES "DISCHARGE" IS THE WORD APPLIED TO THE TERMINATION OF THE SERVICE OF AN OFFICER OR ENLISTED MAN REGARDLESS OF THE CAUSE OF THE SEPARATION.

THAT DECISION RELATED TO TRAVEL ALLOWANCES FOR MIDSHIPMEN AFTER SEPARATION FROM THE SERVICE EITHER BY DISCHARGE, DISMISSAL, OR RESIGNATION. WHILE IT WAS HELD THAT SUCH ALLOWANCES WERE NOT AUTHORIZED WHERE THE SEPARATION WAS AT THE INSTANCE OF THE MIDSHIPMAN, RATHER THAN THE GOVERNMENT, REGARDLESS OF ITS FORM IT DOES NOT FOLLOW THAT THE PAYMENT OF MILEAGE IS PROHIBITED TO AN OFFICER OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE FOR TRAVEL FROM HIS LAST STATION TO HIS HOME, ALTHOUGH INCIDENT TO HIS VOLUNTARY RESIGNATION, WHERE SUCH TRAVEL IS DIRECTED BY ORDERS OF COMPETENT AUTHORITY AND IS PERFORMED PURSUANT TO SUCH ORDERS, PRIOR TO SEPARATION FROM THE SERVICE.

BASICALLY, THE SAID FIRST PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, PROVIDES FOR THE PAYMENT OF MILEAGE TO OFFICERS WHEN TRAVELING UNDER COMPETENT ORDERS AND ALMOST IDENTICAL PROVISION HAS BEEN CONTAINED IN THE STATUTES FOR MANY YEARS--- SEE, FOR EXAMPLE, SECTION 2 OF THE ACT OF JULY 24, 1876, 19 STAT. 100; THE ACT OF MARCH 3, 1901, 31 STAT. 1029; THE ACT OF JUNE 12, 1906, 34 STAT. 246; AND SECTION 12 OF THE PAY READJUSTMENT ACT OF 1922, 42 STAT. 631-- AND THE RIGHT OF OFFICERS TO MILEAGE THEREUNDER FOR TRAVEL PERFORMED TO THEIR HOMES WHILE IN THE SERVICE, OR PRIOR TO SEPARATION FROM THE SERVICE, UNDER COMPETENT ORDERS DIRECTING SUCH TRAVEL, LONG HAS BEEN RECOGNIZED, BOTH BY THE COURTS AND BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT REGARDLESS OF WHETHER NOT SUCH TRAVEL WAS SOLELY FOR THE CONVENIENCE OF THE GOVERNMENT, OR WAS INCIDENT TO CONTEMPLATED SEPARATION FROM THE SERVICE, EITHER BY DISCHARGE OR RESIGNATION. SEE UNITED STATES V. PHISTERER, 94 U.S. 219; UNITED STATES V. MCDONALD, 128 U.S. 471; 13 COMP. DEC. 56; 1 COMP. GEN. 737. CF. UNITED STATES V. WILLIAMSON, 90 U.S. 411; 4 COMP. GEN. 28. IN SPECIFICALLY INCLUDING THE LANGUAGE REGARDING TRAVEL INCIDENT TO A DISCHARGE NOT THE RESULT OF MISCONDUCT IN THE SAID FIRST PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, IT DOES NOT APPEAR THAT THERE WAS ANY INTENTION THEREBY TO CURTAIL THE RIGHTS OF OTHER OFFICERS, EXCEPT INSOFAR AS THE DENIAL OF PAYMENT FOR TRAVEL INCIDENT TO A DISCHARGE ON ACCOUNT OF MISCONDUCT MIGHT BE CONSIDERED A CURTAILMENT. HAD IT ACTUALLY BEEN INTENDED TO NEGATIVE THE RULE REGARDING THE PAYMENT OF MILEAGE TO OFFICERS FOR TRAVEL TO THEIR HOMES UNDER COMPETENT ORDERS WHICH, AS INDICATED, LONG HAS BEEN CONSIDERED AS BEING A PROPER APPLICATION OF THE MILEAGE LAWS, IT MAY BE ASSUMED THAT MORE POSITIVE LANGUAGE WOULD HAVE BEEN USED SO AS TO LEAVE NO DOUBT IN THAT RESPECT.

CONSIDERING THE LONG RECOGNIZED PRACTICE IN THAT RESPECT, THE CONCLUSION APPEARS WARRANTED THAT UNDER THE PROVISIONS OF THE SAID FIRST PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, THE PAYMENT OF MILEAGE TO COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE FOR TRAVEL TO THEIR HOMES IS AUTHORIZED, REGARDLESS OF WHETHER SUCH TRAVEL IS INCIDENT TO A VOLUNTARY AND UNSOLICITED RESIGNATION OR TO A DISCHARGE NOT THE RESULT OF THEIR OWN MISCONDUCT, PROVIDED THAT THE TRAVEL IS PERFORMED PRIOR TO THE EFFECTIVE DATE OF SEPARATION FROM THE SERVICE UNDER COMPETENT ORDERS DIRECTING SUCH TRAVEL. ACCORDINGLY, YOUR QUESTIONS 1, 2, AND 3 (A) ARE ANSWERED IN THE AFFIRMATIVE.

WITH RESPECT TO YOUR QUESTION 3 (C), RELATIVE TO THE RIGHTS OF OFFICERS OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE TO TRANSPORTATION OF DEPENDENTS FROM THEIR LAST STATIONS TO THEIR HOMES UPON THEIR VOLUNTARY RESIGNATION, SECTION 209 (B) OF THE PUBLIC HEALTH SERVICE ACT OF JULY 1, 1944, 58 STAT. 686, PROVIDES:

RESERVE OFFICERS SHALL RECEIVE THE SAME PAY AND ALLOWANCES WHEN ON ACTIVE DUTY AS COMMISSIONED OFFICERS OF THE REGULAR CORPS, INCLUDING ALLOWANCES FOR TRAVEL AND TRANSPORTATION OF HOUSEHOLD GOODS AND EFFECTS.

TAKEN ALONE, SUCH PROVISION WOULD APPEAR NOT TO AUTHORIZE TRANSPORTATION OF DEPENDENTS FROM LAST STATION TO HOME FOR SUCH RESERVE OFFICERS UPON THEIR RESIGNATION SINCE, AS HELD IN THE DECISION OF JULY 12, 1946, 26 COMP. GEN. 18 (B-58038), REFERRED TO IN YOUR LETTER, OFFICERS OF THE REGULAR CORPS ARE NOT ENTITLED THERETO. CF. 23 COMP. GEN. 73; ID. 512. HOWEVER, AS BROUGHT OUT AT THE HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, HOUSE OF REPRESENTATIVES, SEVENTY-EIGHTH CONGRESS, SECOND SESSION, ON H.R. 3379, THIS PROVISION APPEARS TO HAVE BEEN INTENDED MERELY AS A RESTATEMENT OF THE FIRST PARAGRAPH OF SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 367, AND A SIMILAR PROVISION CONTAINED IN THE ACT OF OCTOBER 27, 1918, 40 STAT. 1017, AND WAS NOT INTENDED TO REVOKE ANY EXISTING RIGHTS OF SUCH RESERVE OFFICERS. SEE PAGE 88 OF THE REPORT OF THE HEARINGS. TRANSPORTATION AT GOVERNMENT EXPENSE FOR DEPENDENTS OF RESERVE OFFICERS OF THE PUBLIC HEALTH SERVICE IS AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, AS AMENDED, THE FIFTH AND THE SEVENTH (PREVIOUSLY SIXTH) PARAGRAPHS OF WHICH PROVIDE:

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 * * * AND PROVIDED FURTHER, THAT IN LIEU OF TRANSPORTATION IN KIND AUTHORIZED BY THIS SECTION FOR DEPENDENTS, THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED.

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.

WHILE PARAGRAPH 7 REFERS GENERALLY TO ANY "OFFICER, WARRANT OFFICER, NURSE, OR ENLISTED MAN," INCLUDING RETIRED PERSONNEL AND MEMBERS OF THE RESERVE COMPONENTS, THE WORDS "ORDERED TO ACTIVE DUTY" AND "RELIEF FROM ACTIVE DUTY" ARE PECULIARLY APPLICABLE TO THE LATTER CLASSES OF PERSONNEL, MEMBERS OF THE REGULAR ESTABLISHMENTS, OTHER THAN RETIRED PERSONNEL, NORMALLY NOT HAVING ANY STATUS, AS SUCH, UNDER WHICH THEY MAY BE ORDERED TO, OR RELIEVED FROM, ACTIVE DUTY. THUS, WHILE SUCH DEFINITION DID NOT OPERATE TO ENLARGE THE RIGHTS OF PERSONNEL ON THE ACTIVE LIST OF THE REGULAR ESTABLISHMENTS IN THAT RESPECT (22 COMP. GEN. 885; 23 ID. 73), IT DID BROADEN THE SCOPE OF THE SAID FIFTH PARAGRAPH BY EXTENDING TO PERSONNEL OF THE RESERVE COMPONENTS OF THE SERVICE COVERED BY THE PAY READJUSTMENT ACT OF 1942, WHICH INCLUDES THE PUBLIC HEALTH SERVICE, THE RIGHT TO TRANSPORTATION OF DEPENDENTS FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY AND ON RELIEF FROM ACTIVE DUTY, PROVIDED, OF COURSE, THAT SUCH PERSONNEL ARE OTHERWISE ENTITLED TO TRANSPORTATION OF THEIR DEPENDENTS. ACCORDINGLY, SINCE IT APPEARS THAT SEPARATION FROM THE SERVICE UPON RESIGNATION MAY BE CONSIDERED AS A RELIEF FROM ACTIVE DUTY WITHIN THE PURVIEW OF THE STATUTORY PROVISIONS HEREIN CONSIDERED (22 COMP. GEN. 30; 23 ID. 73; 25 ID. 425), YOUR QUESTION 3 (C) IS ANSWERED IN THE AFFIRMATIVE TO THE EXTENT THAT IT REFERS TO THE TRANSPORTATION OF SUCH DEPENDENTS OR THE PAYMENT OF THE COMMERCIAL COST THEREOF, AS AUTHORIZED IN PARAGRAPH 5. WITH RESPECT TO THE PAYMENT OF A MILEAGE ALLOWANCE FOR THE TRAVEL OF SUCH DEPENDENTS, THERE HAS NOT BEEN BROUGHT TO THE ATTENTION OF THIS OFFICE ANY PROVISION OF LAW AUTHORIZING THE PAYMENT OF A MILEAGE ALLOWANCE IN LIEU OF TRANSPORTATION FOR DEPENDENTS OF COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE.

AS TO YOUR QUESTION 3 (B), REGARDING THE RIGHT OF RESERVE OFFICERS TO TRANSPORTATION OF HOUSEHOLD EFFECTS FROM THEIR LAST STATIONS TO THEIR HOMES, THE NEW SIXTH PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS INCLUDED BY SECTION 205 (A) OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 604, 60 STAT. 860, READS 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 GOODS AND EFFECTS, OR REIMBURSEMENT THEREFOR, AS AUTHORIZED BY REGULATIONS PRESCRIBED BY THE HEADS OF THE DEPARTMENT CONCERNED, WHICH SHALL BE UNIFORM FOR THE SERVICES MENTIONED AND SHALL BE APPROVED BY THE PRESIDENT. SUCH TRANSPORTATION MAY BE BY RAIL, WATER, OR VAN, WITHOUT REGARD TO COMPARATIVE COSTS.

SECTION 205 (B) OF SUCH ACT, 60 STAT. 860, REPEALS THE PRIOR STATUTORY PROVISION FOR TRANSPORTATION OF HOUSEHOLD EFFECTS AND SINCE IT IS UNDERSTOOD THAT NO REGULATIONS, APPROVED BY THE PRESIDENT, HAVE YET BEEN ISSUED AS REQUIRED BY THE NEW PROVISION, A SPECIFIC DECISION ON THE QUESTION 3 (B) WOULD NOT APPEAR TO BE APPROPRIATE AT THIS TIME. HOWEVER, IT MAY BE STATED, AS A GENERAL MATTER, THAT RESERVE OFFICERS WOULD BE ENTITLED TO TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS UNDER THE CIRCUMSTANCES STATED IN YOUR QUESTION, IF OTHERWISE PROPER AND APPLICABLE REGULATIONS SHOULD PROVIDE THEREFOR.

THE ANSWERS GIVEN ABOVE WOULD BE THE SAME, REGARDLESS OF WHETHER THE RESERVE OFFICERS ARE DISCHARGED, NOT AS A RESULT OF THEIR OWN MISCONDUCT, UPON THEIR REQUEST AND FOR THEIR CONVENIENCE, OR UPON THE INITIATIVE, AND AT THE INSTANCE, OF THE GOVERNMENT. THEREFORE, BEARING IN MIND WHAT IS SAID WITH REGARD TO YOUR QUESTION 3 (B), QUESTIONS 4 AND 5 ARE ANSWERED IN THE AFFIRMATIVE.