B-58925, AUGUST 1, 1946, 26 COMP. GEN. 73

B-58925, AUGUST 1, 1946, 26 COMP. GEN. 73

TRANSPORTATION OF DEPENDENTS - UNCOMPLETED TRAVEL TO UNRESTRICTED OVERSEAS STATION AND RETURN TO HOME AN ARMY ENLISTED MAN WHOSE DEPENDENTS WERE TRANSPORTED PURSUANT TO SECTION 4 (B) OF THE WARTIME ACT OF JUNE 5, 1942, TO A DESIGNATED PLACE (THE ENLISTED MAN'S HOME) UPON HIS BEING ORDERED TO A RESTRICTED OVERSEAS STATION IS ENTITLED, UNDER SAID ACT, TO TRANSPORTATION OF DEPENDENTS FROM SUCH DESIGNATED PLACE TO A PORT OF EMBARKATION FOR TRANSPORTATION TO HIS OVERSEAS STATION TO WHICH THEY LATER WERE AUTHORIZED TO TRAVEL, EVEN THOUGH, DUE TO THE FACT THAT THE ENLISTED MAN WAS BEING RETURNED TO THE UNITED STATES FOR DISCHARGE, THE AUTHORIZATION WAS CANCELLED BEFORE DEPARTURE FROM SUCH PORT. AN ARMY ENLISTED MAN WHOSE DEPENDENTS WERE BEING TRANSPORTED PURSUANT TO SECTION 4 (B) OF THE WARTIME ACT OF JUNE 5, 1942, TO HIS OVERSEAS STATION, TO WHICH THEY THEN WERE PERMITTED TO TRAVEL AFTER PREVIOUSLY HAVING BEEN DEBARRED THEREFROM, WHEN THEIR TRAVEL WAS INTERRUPTED AT THE PORT OF EMBARKATION BY REASON OF HIS RETURN TO THE UNITED STATES FOR DISCHARGE IS ENTITLED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 TO TRANSPORTATION OF DEPENDENTS FROM SUCH PORT TO HIS HOME INCIDENT TO DISCHARGE, NOT TO EXCEED THE COST FROM THE ENLISTED MAN'S PORT OF DEBARKATION TO HIS HOME.

COMPTROLLER GENERAL WARREN TO COL. CARL WITCHER, U.S. ARMY, AUGUST 1, 1946:

THERE HAS BEEN RECEIVED BY ENDORSEMENT OF JUNE 27, 1946, YOUR LETTER OF MAY 28, 1946, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF STAFF SERGEANT BRENT C. SOUTHWOOD, 35 265 294, ARMY OF THE UNITED STATES, COVERING CLAIM FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION FOR HIS DEPENDENTS (WIFE AND 2 MINOR CHILDREN) FROM LEXINGTON, KENTUCKY, TO NEW ORLEANS, LOUISIANA, AND RETURN, UNDER THE CIRCUMSTANCES SET FORTH IN PARAGRAPHS 2 AND 3 OF YOUR LETTER, AS FOLLOWS:

2. THE TRAVEL AUTHORIZATION ATTACHED TO THIS VOUCHER INDICATES THAT DEPENDENTS WERE AUTHORIZED TO PROCEED BY WATER TRANSPORTATION FROM A PORT TO AN OVERSEAS DESTINATION FOR THE PURPOSE OF RESIDENCE WHEN NOTIFIED BY THE PORT COMMANDER. BY TELEGRAM DATED 2 SEPTEMBER 1945 THE DEPENDENT WIFE IN THIS CASE WAS DIRECTED TO REPORT TO NEW ORLEANS PORT ON 10 SEPTEMBER 1945 FOR WATER TRANSPORTATION TO OVERSEAS DESTINATION. THE STATEMENT OF TRAVEL INDICATES THAT DEPENDENTS TRAVELED FROM LEXINGTON, KENTUCKY TO NEW ORLEANS, LOUISIANA BETWEEN THE DATES OF 7 SEPTEMBER AND 8 SEPTEMBER 1945, AND RETURNED TO LEXINGTON, KENTUCKY BETWEEN THE DATES OF 11-12 SEPTEMBER 1945. DEPENDENTS WERE ABOARD SHIP WHEN NOTIFIED THAT TRAVEL ORDERS HAD BEEN CANCELED DUE TO RETURN OF SOLDIER TO THE UNITED STATES FOR DISCHARGE. SO MUCH OF TRAVEL AUTHORIZATION AS PERTAINED TO DEPENDENTS IN THIS CASE WAS RESCINDED UNDER DATE OF 21 SEPTEMBER 1945, COPIES ATTACHED.

3. WHEN TRANSFERRED OVERSEAS SOLDIER WAS REIMBURSED FOR TRAVEL OF HIS DEPENDENTS FROM DENVER, COLORADO, LAST OLD PERMANENT STATION,TO LEXINGTON, KENTUCKY.

TRAVEL AUTHORIZATION OF DEPENDENTS DATED JULY 12, 1945, ISSUED BY THE ADJUTANT GENERAL BY ORDERS OF THE SECRETARY OF WAR, PROVIDED, IN MATERIAL PART, THAT:

1. WHEN NOTIFIED BY THE COMMANDER OF ONE OF THE PORTS LISTED ABOVE, THE FOLLOWING NAMED DEPENDENTS ARE AUTHORIZED TO PROCEED BY WATER TRANSPORTATION FROM SUCH PORT TO AN OVERSEAS DESTINATION FOR THE PURPOSE OF RESIDENCE:

CHART NAME OF DEPENDENT AND ADDRESS SHIPMENT INDIVIDUAL IN MILITARY AT WHICH THEY MAY BE CONTACTED AGE NUMBER SERVICE UPON WHOM

DEPENDENT

* * * * * * * " MRS. EDITH R. SOUTHWOOD. 2 BRENT E. SOUTHWOOD (SON) 2 35265294 ALBERT E. SOUTHWOOD (SON) 7 MOS.

111 LEADER AVENUE, LEXINGTON,

KENTUCKY.

5. TRANSPORTATION FROM DEPENDENTS' PLACE OF RESIDENCE TO THE PORT OF EMBARKATION WILL BE IN ACCORDANCE WITH EXISTING LAW AND MUST BE ARRANGED FOR BY THE DEPENDENT. GOVERNMENT TRANSPORTATION REQUESTS WILL NOT BE FURNISHED. THE ONE-MOVE RESTRICTION IMPOSED BY PARAGRAPH 8A (1) (B), AR 55-120 AND PARAGRAPH 9A, AR 35-4880 WILL NOT APPLY IN THIS CASE. CLAIM FOR REIMBURSEMENT, IF AUTHORIZED, MAY BE SUBMITTED TO THE FINANCE OFFICER, UNITED STATES ARMY, DEPENDENT TRAVEL BRANCH, WASHINGTON 25, D.C. SUBSISTENCE WHILE TRAVELING ON ARMY OR NAVY TRANSPORT WILL BE AT TRAVELER'S EXPENSE.

IT APPEARS THAT PURSUANT TO THE ABOVE-QUOTED TRAVEL AUTHORIZATION THE DEPENDENTS OF STAFF SERGEANT SOUTHWOOD WERE DIRECTED BY TELEGRAM DATED SEPTEMBER 2, 1945, TO REPORT ON SEPTEMBER 10, 1945, AT THE NEW ORLEANS PORT OF EMBARKATION FOR WATER TRANSPORTATION TO AN OVERSEAS DESTINATION; THAT HAVING REPORTED AS DIRECTED, SAID DEPENDENTS WERE ABOARD SHIP WHEN MRS. SOUTHWOOD WAS NOTIFIED VERBALLY THAT THE TRAVEL AUTHORIZATION HAD BEEN CANCELLED DUE TO THE RETURN OF STAFF SERGEANT SOUTHWOOD TO THE UNITED STATES FOR DISCHARGE; THAT THEREUPON SAID DEPENDENTS RETURNED TO LEXINGTON BETWEEN THE DATES OF SEPTEMBER 11 AND 12, 1945--- WHERE FORMAL NOTICE DATED SEPTEMBER 21, 1945, CANCELLING THE TRAVEL AUTHORIZATION OF JULY 12, 1945, WAS RECEIVED--- AND THAT THE ENLISTED MAN CONCERNED WAS DISCHARGED AT FORT KNOX, KENTUCKY, ON NOVEMBER 6, 1945. IT FURTHER APPEARS THAT LEXINGTON IS THE SAID ENLISTED MAN'S HOME, AND THAT HE WAS REIMBURSED THE COST OF TRAVEL PERFORMED BY HIS DEPENDENTS TO THAT CITY FROM DENVER, COLORADO, IN DECEMBER, 1944, INCIDENT TO ORDERS TRANSFERRING HIM TO DUTY OVERSEAS.

THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE UPON ORDERS TO MAKE A PERMANENT CHANGE OF STATION, INCLUDING THE CHANGE FROM HOME TO FIRST STATION AND LAST STATION TO HOME IN THE CASE OF RETIRED AND RESERVE PERSONNEL, WAS PROVIDED FOR BY PARAGRAPH 5 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366. FURTHER PROVISION FOR THE TRANSPORTATION OF SUCH DEPENDENTS IS CONTAINED IN SECTION 4 (B) OF THE WARTIME ACT OF JUNE 5, 1942, 56 STAT. 315, WHICH PROVIDES THAT:

(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, AND HOUSEHOLD EFFECTS WHICH ARE AUTHORIZED TO BE MOVED AT GOVERNMENT EXPENSE, 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 AND HOUSEHOLD EFFECTS MOVED ON AND AFTER DECEMBER 8, 1941.

THE TRANSPORTATION OF DEPENDENTS TO OVERSEAS STATIONS WAS PROHIBITED UNTIL FURTHER NOTICE BY IMMEDIATE ACTION LETTER FROM THE ADJUTANT GENERAL'S OFFICE DATED JUNE 7, 1941. WHILE THE OVERSEAS STATION TO WHICH THE DEPENDENTS HERE INVOLVED WERE TO BE TRANSPORTED IS NOT SHOWN, IT APPEARS THAT PRIOR TO THE ISSUANCE OF THE TRAVEL AUTHORIZATION OF JULY 12, 1945, THE RESTRICTION ON TRAVEL OF DEPENDENTS TO OVERSEAS STATIONS HAD BEEN REMOVED AS TO THE BAHAMAS, THE CARIBBEAN DEFENSE COMMAND, BRAZIL, AND BERMUDA BY WAR DEPARTMENT CIRCULARS NOS. 125 AND 203 OF APRIL 25, 1945 AND JULY 6, 1945, RESPECTIVELY, AND THEREFORE, IT IS ASSUMED THAT SAID TRAVEL AUTHORIZATION CONTEMPLATED TRAVEL TO ONE OF THOSE POINTS. IF THAT BE A FACT, THE EFFECT OF THE TRAVEL AUTHORIZATION WAS TO PERMIT DEPENDENTS TO BE TRANSPORTED AT PUBLIC EXPENSE FROM PREVIOUSLY SELECTED POINTS TO DUTY STATIONS TO WHICH PERSONNEL NAMED THEREIN WERE ASSIGNED AT WHICH RESTRICTIONS CONCERNING THE PRESENCE OF DEPENDENTS NO LONGER APPLIED.

SINCE THE DEPENDENTS OF STAFF SERGEANT SOUTHWOOD WERE TRANSPORTED AT PUBLIC EXPENSE TO A DESIGNATED PLACE, I.E., LEXINGTON, KENTUCKY, WHEN HE WAS ORDERED TO A RESTRICTED STATION, HE IS ENTITLED UNDER THE ABOVE QUOTED PROVISIONS OF THE ACT OF JUNE 5, 1942, TO REIMBURSEMENT OF THE COST OF THEIR SUBSEQUENT TRAVEL FROM THAT POINT TO NEW ORLEANS, LOUISIANA, PURSUANT TO AUTHORITY PERMITTING THEM TO JOIN HIM AT AN UNRESTRICTED STATION. SEE 24 COMP. GEN. 91. CF. 24 ID. 911; B-58107 OF JUNE 28, 1946, AND B-57918 OF THE SAME DATE, 25 COMP. GEN. 915. FURTHER, INASMUCH AS THE DEPENDENTS WERE PREVENTED FROM COMPLETING TRAVEL TO THE UNRESTRICTED OVERSEAS STATION DUE TO THE FACT THAT THE ENLISTED MAN WAS BEING RETURNED TO THE UNITED STATES FOR THE PURPOSE OF BEING DISCHARGED, AND LEXINGTON APPARENTLY IS HIS HOME AND THEREFORE THE PLACE TO WHICH HIS DEPENDENTS WOULD HAVE BEEN TRANSPORTED INCIDENT TO HIS RETURN AND DISCHARGE HAD TRAVEL TO THE UNRESTRICTED STATION BEEN COMPLETED, AND ON THE ASSUMPTION THAT HIS PORT OF DEBARKATION WAS NEW ORLEANS OR, IF NOT, A PORT FROM WHICH AT LEAST AN EQUAL DISTANCE OF LAND TRAVEL WITHIN THE CONTINENTAL UNITED STATES WAS REQUIRED IN EFFECTING HIS DISCHARGE, HE IS ALSO ENTITLED, UNDER THE PROVISIONS OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, TO REIMBURSEMENT OF THE COST OF TRANSPORTATION OF HIS DEPENDENTS FROM NEW ORLEANS, LOUISIANA, TO LEXINGTON, KENTUCKY.

ON THE ABOVE BASIS, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.