B-132085, FEB. 4, 1958
Highlights
OUR ACTION WAS BASED ON THE PREMISE THAT TRAVELING EXPENSES INCURRED IN CONNECTION WITH MEETING AND ESCORTING DEPENDENTS TO AN EMPLOYEE'S HEADQUARTERS ARE CONSIDERED PERSONAL AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AUTHORIZED REIMBURSEMENT ONLY OF THOSE TRAVELING EXPENSES CONFINED TO THE TRANSACTING OF OFFICIAL BUSINESS. THE ASSISTANT SECRETARY OF THE AIR FORCE SAYS THAT IN THE REQUEST FOR OUR ADVANCE DECISION IT WAS SHOWN BY THE FINANCE OFFICER THAT THE ORDER ISSUING HEADQUARTERS HAD RELIED ON THE REQUEST OF HEADQUARTERS. THIS PROCEDURE PROVIDES: "AN ESCORT TO ACCOMPANY THE ALIENS FROM THE PORT OF THEIR FINAL DESTINATION IS DESIRABLE ALTHOUGH NOT MANDATORY. THE DEPARTMENT OF THE ARMY WILL CONTACT THE SPONSORING DEPARTMENTS AS SOON AS THE ETA OF EACH SHIPMENT IS DETERMINED AND WHEN ESCORTS ARE TO BE PROVIDED WILL INSTRUCT THE APPROPRIATE DEPARTMENT TO HAVE THE ESCORT REPORT TO THE RECEPTION CENTER.
B-132085, FEB. 4, 1958
TO THE SECRETARY OF THE AIR FORCE:
ON DECEMBER 10, 1957, THE ASSISTANT SECRETARY OF THE AIR FORCE REQUESTED THAT WE RECONSIDER OUR DECISION OF JULY 5, 1957, B-132085, TO CAPTAIN M. N. PARKER, FINANCE OFFICER, DEPARTMENT OF THE AIR FORCE CONCERNING TRAVEL PERFORMED BY A CONTRACT EMPLOYEE INCIDENT TO ESCORTING HIS DEPENDENTS FROM NEW YORK, NEW YORK, TO HOLLOMAN AIR FORCE BASE, NEW MEXICO.
IN THAT DECISION WE HELD, ON THE BASIS OF THE INFORMATION PRESENTED, THAT PAYMENT OF MR. KARL ERBSKORN'S CLAIM FOR MILEAGE AND PER DIEM IN LIEU OF SUBSISTENCE IN CONNECTION WITH TRAVEL FROM HOLLOMAN AIR FORCE BASE, NEW MEXICO, TO NEW YORK, NEW YORK, AND RETURN BETWEEN NOVEMBER 7,1956, AND NOVEMBER 12, 1956, FOR THE PURPOSE OF MEETING HIS FAMILY IN NEW YORK CITY AND ESCORTING THEM TO HOLLOMAN AIR FORCE BASE COULD NOT BE PAID BY THE GOVERNMENT. OUR ACTION WAS BASED ON THE PREMISE THAT TRAVELING EXPENSES INCURRED IN CONNECTION WITH MEETING AND ESCORTING DEPENDENTS TO AN EMPLOYEE'S HEADQUARTERS ARE CONSIDERED PERSONAL AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AUTHORIZED REIMBURSEMENT ONLY OF THOSE TRAVELING EXPENSES CONFINED TO THE TRANSACTING OF OFFICIAL BUSINESS.
THE ASSISTANT SECRETARY OF THE AIR FORCE SAYS THAT IN THE REQUEST FOR OUR ADVANCE DECISION IT WAS SHOWN BY THE FINANCE OFFICER THAT THE ORDER ISSUING HEADQUARTERS HAD RELIED ON THE REQUEST OF HEADQUARTERS, UNITED STATES AIR FORCE AND PARAGRAPH 46 OF THE STANDARDIZED OPERATING PROCEDURE FOR THE JOINT INTELLIGENCE OBJECTIVES AGENCY OF THE JOINT CHIEFS OF STAFF. THIS PROCEDURE PROVIDES: "AN ESCORT TO ACCOMPANY THE ALIENS FROM THE PORT OF THEIR FINAL DESTINATION IS DESIRABLE ALTHOUGH NOT MANDATORY. THE DEPARTMENT OF THE ARMY WILL CONTACT THE SPONSORING DEPARTMENTS AS SOON AS THE ETA OF EACH SHIPMENT IS DETERMINED AND WHEN ESCORTS ARE TO BE PROVIDED WILL INSTRUCT THE APPROPRIATE DEPARTMENT TO HAVE THE ESCORT REPORT TO THE RECEPTION CENTER, HOTEL ALAMAC, ROOM 215, BROADWAY AT 71ST STREET, NEW YORK CITY, ONE DAY PRIOR TO THE ETA FOR INSTRUCTIONS.' FURTHER, IT IS SAID THAT THE ORDER ISSUING AGENCY HAD RECEIVED A MESSAGE FROM HEADQUARTERS, UNITED STATES AIR FORCE, DATED DECEMBER 5, 1956, WHICH STATED IN PART THAT: "IT IS THE OPINION OF THIS HEADQUARTERS AND JIOA THAT THE PROVIDING OF AN ESCORT FOR ALIEN SPECIALISTS AND THEIR DEPENDENTS AND THE TRAVEL INVOLVED IS CONSIDERED OFFICIAL AIR FORCE BUSINESS.'
THE ASSISTANT SECRETARY OF THE AIR FORCE FURTHER SAYS THAT THE ORIGINAL LETTER REQUESTING OUR ADVANCE DECISION DID NOT POINT OUT THAT MR. ERBSKORN'S TEMPORARY DUTY IN NEW YORK CITY WAS NOT ORDERED FOR PERSONAL REASONS. COMMITMENTS WERE MADE BY REPRESENTATIVES OF THE DEPARTMENT OF THE ARMY, WHICH IS THE EXECUTIVE AGENCY FOR THE JOINT INTELLIGENCE OBJECTIVES AGENCY PROGRAM, TO SCIENTISTS AT THE TIME THEY WERE HIRED IN GERMANY THAT THEY AND THEIR DEPENDENTS WOULD BE PROVIDED ESCORTS FOR TRAVEL TO PLACES OF EMPLOYMENT IN THE UNITED STATES AS REQUIRED. REQUIREMENT FOR THE DEPENDENTS OF MR. ERBSKORN WAS ESTABLISHED AT THE HEADQUARTERS, UNITED STATES AIR FORCE LEVEL BECAUSE OF THE PREVIOUS COMMITMENT, THE INABILITY OF THE DEPENDENTS TO SPEAK ENGLISH, AND THEIR LACK OF FAMILIARITY WITH THIS COUNTRY. THE REQUEST FOR PROVIDING AN ESCORT WAS PASSED THROUGH OFFICIAL CHANNELS TO THE HOLLOMAN AIR DEVELOPMENT CENTER. BECAUSE MR. ERBSKORN WAS TEMPORARILY FREE FROM DUTY REQUIRING HIS PRESENCE AT HOLLOMAN AIR FORCE BASE AND BECAUSE HE SPEAKS ENGLISH FLUENTLY AND IS FAMILIAR WITH NEW YORK CITY, THE HOTEL ALAMAC RECEPTION CENTER, AND TRAVEL CONDITIONS, HE WAS DESIGNATED TO ESCORT HIS DEPENDENTS. OTHERWISE ANOTHER EMPLOYEE OF THE HOLLOMAN AIR DEVELOPMENT CENTER WITH SIMILAR QUALIFICATIONS WOULD HAVE BEEN ORDERED TO TRAVEL TO NEW YORK TO ACT AS AN ESCORT.
IN VIEW OF THE COMMITMENTS REFERRED TO, WHICH, HOWEVER, DO NOT APPEAR TO HAVE BEEN INCLUDED IN THE WRITTEN AGREEMENTS WITH THE AFFECTED PERSONNEL, WE WILL INTERPOSE NO OBJECTION TO PAYMENT OF THE EXPENSES CLAIMED IN THE INSTANT CASE OR IN ANY CASE IN WHICH THERE EXISTS A SIMILAR COMMITMENT. HOWEVER, WE REQUEST TO BE INFORMED OF THE STATUTORY AUTHORITY RELIED UPON TO PROVIDE ESCORT SERVICE OF THIS NATURE AT GOVERNMENT EXPENSE BEFORE FURTHER COMMITMENTS ARE MADE. WE WOULD APPRECIATE AN EARLY REPLY IN THIS REGARD.
THE VOUCHER WHICH WAS RETAINED IN OUR OFFICE IS RETURNED HEREWITH AND MAY BE PAID, IF OTHERWISE PROPER.