DECEMBER 9, 1921, 1 COMP. GEN. 309

DECEMBER 9, 1921, 1 COMP. GEN. 309

TRANSPORTATION OF DEPENDENTS OF NAVAL OFFICERS A NAVAL OFFICER DETACHED FROM DUTY ABROAD AND ORDERED TO DUTY IN THE UNITED STATES, AND WHO PROCEEDS WITH HIS WIFE VIA A COMMERCIAL LINER IN LIEU OF AN AVAILABLE ARMY TRANSPORT, IS ENTITLED TO REIMBURSEMENT OF THE EXPENSES OF HIMSELF AND WIFE TO THE EXTENT ONLY THAT WOULD HAVE BEEN INCURRED HAD THEY TRAVELED BY THE TRANSPORT.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 9, 1921:

CAPT. CHESTER WELLS, UNITED STATES NAVY, APPLIED SEPTEMBER 29, 1921, FOR REVISION OF THE ACTION OF THE AUDITOR FOR THE NAVY DEPARTMENT IN DISALLOWING BY SETTLEMENT NO. 8531, DATED JUNE 28, 1921, HIS CLAIM FOR REIMBURSEMENT OF EXPENSES OF TRAVEL OF HIMSELF AND WIFE FROM MADRID, SPAIN, TO WASHINGTON, D.C., UNDER ORDERS OF MAY 1, 1920.

UNDER ORDERS OF MAY 1, 1920, CAPT. WELLS WAS, UPON THE REPORTING OF HIS RELIEF, TO CONSIDER HIMSELF DETACHED FROM DUTY AS NAVAL ATTACHE, AMERICAN EMBASSY, MADRID, SPAIN, AND WAS TO PROCEED TO WASHINGTON, D.C., AND REPORT TO THE CHIEF OF NAVAL OPERATIONS FOR DUTY. HE WAS RELIEVED FROM DUTY MAY 22, 1920, AND LEFT MADRID THAT DAY. HE TRAVELED BY WAY OF BORDEAUX AND PARIS, FRANCE, AND LONDON, ENGLAND, SAILING FROM LIVERPOOL, ENGLAND, JUNE 2, 1920, ON THE R.M.S. CELTIC. HE ARRIVED IN NEW YORK, JUNE 11, 1920, AND WASHINGTON, D.C., JUNE 12, 1920.

THE AUDITOR SETTLED THE CLAIM AND FOUND $110.66 DUE THE UNITED STATES BY CHARGING CAPT. WELLS WITH SOME OF THE ITEMS PAID HIM BY COMMANDER C. G. MAYO, (S.C.) UNITED STATES NAVY, ON VOUCHER 179, FIRST QUARTER 1921, BASING THE SETTLEMENT ON A HOLDING THAT CAPT. WELLS SHOULD HAVE MADE THE WATER TRAVEL BY THE U.S.A.T. POCAHONTAS FROM ANTWERP, BELGIUM, TO NEW YORK INSTEAD OF BY THE R.M.S. CELTIC FROM LIVERPOOL.

THAT TRANSPORTATION WAS AVAILABLE AND WOULD HAVE BEEN ASSIGNED HAD APPLICATION BEEN MADE THEREFOR IS SHOWN BY A REPORT MADE BY THE PORT COMMANDER AT ANTWERP, WHO STATES:

U.S.A.T. POCAHONTAS WAS THE FIRST BOAT WHICH SAILED FROM ANTWERP FOR NEW YORK SUBSEQUENT TO MAY 26TH, 1920--- SAILED ON JUNE 4, 1920. ACCOMMODATIONS WOULD HAVE BEEN AVAILABLE FOR CAPTAIN WELLS, U.S.N., AND WIFE ON THIS BOAT HAD HE APPLIED, AS THE POCAHONTAS HAD A TOTAL OF ONE HUNDRED AND ONE (101) FIRST-CLASS PASSENGERS, WITH A CAPACITY FOR 219.

THE COMPTROLLER OF THE TREASURY, REFERRING TO THE ACT OF MARCH 2, 1907, 34 STAT., 1170, REPEATEDLY AFFIRMED THE ACTION OF THE AUDITOR FOR THE NAVY DEPARTMENT IN SETTLEMENTS BASED ON ALLOWING OFFICERS OF THE NAVY REIMBURSEMENT ONLY FOR WHAT WOULD HAVE BEEN THE COST TO THE GOVERNMENT AS EXPENSES OF TRAVEL HAD THE OFFICER PROCEEDED BY THE SHORTEST USUALLY TRAVELED ROUTES INSTEAD OF THE ROUTE SELECTED, OR HAD USED THE GOVERNMENT TRANSPORT SERVICE INSTEAD OF COMMERCIAL LINES. SEE 72 MS., 658, FEBRUARY 6, 1915; 72 ID., 1194, MARCH 9, 1915; 76 ID., 1300, MARCH 30, 1916.

THIS OFFICE IS ADVISED THAT THE COST OF FIRST-CLASS RAILROAD AND SLEEPING CAR ACCOMMODATIONS FROM MADRID, SPAIN, TO ANTWERP, BELGIUM, VIA PARIS, FRANCE, IN MAY, 1920, WAS AS FOLLOWS: FIRST-CLASS FARE FROM MADRID TO SPANISH BORDER -------- 90.70 PESETAS. SLEEPING CAR ACCOMMODATIONS ------ --------------------- 38.25 DO. FIRST-CLASS FARE FROM SPANISH BORDER TO PARIS ---------173.55 FRANCS. SLEEPING CAR ACCOMMODATIONS --------------- ------------102.50 DO. RAILROAD FARE, PARIS TO ANTWERP ------------------- ---- 73.25 DO. SLEEPING CAR ACCOMMODATIONS, PARIS TO BRUSSELS -------- 45.65 DO.

THESE RATES MADE A TOTAL OF 128.95 PESETAS WHICH AT THE RATE OF 0.1685 EQUAL $21.72, AND A TOTAL OF 394.95 FRANCS WHICH AT THE RATE OF 0.1600 EQUAL $63.19, A GRAND TOTAL FOR RAILROAD ACCOMMODATIONS OF $84.91.

TO THIS ARE ADDED THE FOLLOWING EXPENSE CLAIMS:

TABLE MAY 22. TRANSFER OF BAGGAGE AT MADRID -------------------- $1.25

TIPS TO PORTER ON TRAIN -------------------------- .50 MAY 23. BREAKFAST AND TIP EN ROUTE ON TRAIN -------------- 1.00

LUNCHEON AND TIP EN ROUTE ON TRAIN --------------- 1.00

DINNER AND TIP EN ROUTE ON TRAIN ----------------- 2.00

LODGING AT HOTEL, BORDEAUX ----------------------- 1.00 MAY 24. TRANSFER OF BAGGAGE AT BORDEAUX ------------------ 1.25

BREAKFAST AND TIP AT BORDEAUX -------------------- 1.25

TIPS TO PORTER ON TRAIN -------------------------- .50

LUNCH AND TIP EN ROUTE --------------------------- 1.25

DINNER AND TIP EN ROUTE -------------------------- 1.25

LODGING IN PARIS --------------------------------- 1.25

TRANSFER OF BAGGAGE AT PARIS --------------------- 1.25 MAY 25. BREAKFAST AND TIP AT PARIS ----------------------- 1.25

LUNCH AND TIP ------------------------------------ 1.25

DINNER AND TIP ----------------------------------- 1.25

LODGING ------------------------------------------ 1.25 MAY 26. BREAKFAST AND TIP -------------------------------- .75

TRANSFER OF BAGGAGE, LEAVING PARIS --------------- 1.25

21.75

FROM DATE OF LEAVING PARIS TO DATE OF SAILING FROM LIVERPOOL CLAIM WAS MADE FOR EXPENSES OF LODGING, SUBSISTENCE, AND TIPS AT THE RATE OF $5 PER DAY. AN ALLOWANCE AT THIS RATE FROM 9 A.M., MAY 26, TO 9 A.M., JUNE 4, FOR NINE DAYS, WOULD EQUAL $45, AND WITH AN ALLOWANCE OF $2.50FOR TRANSFER OF BAGGAGE IN ANTWERP THE TOTAL OF $47.50 IS COMPUTED.

SUBSISTENCE COST ON THE U.S.A.T. POCAHONTAS AT $1.75 FOR THE 13 DAYS OF THE VOYAGE TO NEW YORK WOULD AMOUNT TO $22.75.

AN ESTIMATE OF ACTUAL COST TO THE GOVERNMENT COMPILED FROM THE ABOVE FIGURES WOULD AMOUNT TO $176.91. COMMANDER C. G. MAYO (S.C.), PAID APPELLANT $332.09, MAKING AN OVERPAYMENT OF $155.18.

THE CLAIM FOR REIMBURSEMENT OF EXPENSES FOR MRS. WELLS IS FILED UNDER THE ACT OF MAY 18, 1920, 41 STAT., 604, WHICH AUTHORIZES THE FURNISHING OF TRANSPORTATION IN KIND TO THE WIFE OF AN OFFICER WHO IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION.

THE COMPTROLLER OF THE TREASURY IN PASSING UPON THE ACT OF MAY 18, 1920, HELD IN 27 COMP. DEC., 63-76, THAT WHERE AN OFFICER WITHOUT KNOWLEDGE OF THE PROVISIONS OF THE ACT OF MAY 18, 1920, TRANSPORTS A WIFE AT HIS OWN EXPENSE WITHOUT HAVING APPLIED FOR TRANSPORTATION IN KIND FOR HER, HE IS ENTITLED TO REIMBURSEMENT FOR WHAT IT WOULD HAVE COST THE GOVERNMENT TO FURNISH THE TRANSPORTATION.

IN 27 COMP. DEC., 731, THE COMPTROLLER OF THE TREASURY HELD, QUOTING FROM THE SYLLABUS:

THE LIMIT OF COST OF THE TRANSPORTATION OF DEPENDENTS OF NAVAL OFFICERS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, UNDER SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT., 604, IS THE COST OF THE TICKET, AND NO TRANSPORTATION OF PERSONAL BAGGAGE IS AUTHORIZED IN CONNECTION THEREWITH EXCEPT THAT WHICH MAY BE COVERED BY THE TICKET FURNISHED ON TRANSPORTATION REQUEST.

WHAT IS STATED IN THIS SYLLABUS IN REFERENCE TO PERSONAL BAGGAGE HAS EQUAL APPLICATION TO COST OF MEALS EN ROUTE FOR WHICH REIMBURSEMENT WOULD BE AUTHORIZED.

THE ACT OF MAY 18, 1920, 41 STAT., 604, CONTAINS THIS PROVISO:

THAT TRANSPORTATION SUPPLIED THE WIFE * * * OF SUCH OFFICER, TO OR FROM STATIONS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT IF SUCH TRANSPORTATION IS AVAILABLE.

PRIOR TO THE ENACTMENT OF THE ACT OF MAY 18, 1920, NO LAWS WERE IN EXISTENCE AUTHORIZING THE FURNISHING OF TRANSPORTATION FOR AN OFFICER'S WIFE, EXCEPT AS WERE PROVIDED IN THE ACTS OF JUNE 12, 1906, 34 STAT., 254, AND MARCH 2, 1907, 34 STAT., 1170.

IN THE MATTER OF TRAVEL TO AND FROM THE CONTINENTAL LIMITS OF THE UNITED STATES THE ACT OF MAY 18, 1920, GRANTS NO RIGHTS TO TRANSPORTATION FOR AN OFFICER'S WIFE NOT PREVIOUSLY AUTHORIZED WHEN THE USE OF GOVERNMENT TRANSPORTS ARE AVAILABLE.

CAPTAIN WELLS MUST BE PRESUMED TO HAVE HAD KNOWLEDGE THAT THE GOVERNMENT WAS MAINTAINING TRANSPORT SERVICE BETWEEN THE UNITED STATES AND EUROPEAN PORTS AS WELL AS KNOWING OF HIS RIGHTS, EXISTENT PRIOR TO THE ACT OF MAY 18, 1920, TO APPLY FOR AND, IF AVAILABLE, BE FURNISHED TRANSPORTATION FOR MRS. WELLS ON SHIPS OF THIS SERVICE.

WITH IT AN ESTABLISHED FACT THAT TRANSPORTATION WAS AVAILABLE FOR THE SEA TRAVEL TO NEW YORK, CAPTAIN WELLS CAN SECURE NO MORE IN THE WAY OF REIMBURSEMENT FOR EXPENSES OF HIS WIFE THAN WOULD HAVE COST THE GOVERNMENT HAD TRANSPORTATION BEEN FURNISHED HER AS AUTHORIZED BY THE ACT OF MAY 18, 1920. HE IS, THEREFORE, NOT ENTITLED TO ANY REIMBURSEMENT FOR COST OF TRANSPORTATION ON THE R.M.S. CELTIC, FOR THE REASON THAT THERE WOULD NOT HAVE BEEN ANY COSTS HAD PASSAGE BEEN TAKEN ON THE ARMY TRANSPORT.

ACCORDINGLY, CAPTAIN WELLS WILL BE ALLOWED ON ACCOUNT OF EXPENSES FOR MRS. WELLS ONLY WHAT WOULD HAVE BEEN THE COST TO THE GOVERNMENT FOR RAILROAD AND SLEEPING-CAR ACCOMMODATIONS FROM MADRID, SPAIN, TO ANTWERP, BELGIUM, OR $84.91, WHICH AMOUNT WILL FURTHER REDUCE THE AMOUNT DUE THE UNITED STATES ON HIS PERSONAL ACCOUNT TO $70.27.

UPON THIS REVISION THE ACTION OF THE AUDITOR FOR THE NAVY DEPARTMENT IN CERTIFYING THAT THERE IS DUE THE UNITED STATES $110.66 IS MODIFIED, IN THAT A DIFFERENCE OF $70.27 ONLY IS FOUND SO DUE.