A-14597, JUNE 25, 1926, 5 COMP. GEN. 1025

A-14597, JUNE 25, 1926, 5 COMP. GEN. 1025

TRAVELING EXPENSES - EMPLOYEE OF VETERANS' BUREAU TRANSFERRED FROM ONE POSITION TO ANOTHER AN EMPLOYEE OF THE VETERANS' BUREAU WHO WAS RELIEVED FROM DUTY AT ONE STATION AND ASSIGNED TO SIMILAR DUTY AT ANOTHER STATION, AS A MATTER OF BUREAU ADMINISTRATION, IS IN THE SAME STATUS AS AN EMPLOYEE SEPARATED FROM THE SERVICE AND REAPPOINTED, AND IS NOT ENTITLED TO REIMBURSEMENT OF TRAVELING EXPENSES INCURRED IN MAKING THE TRANSFER.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 25, 1926:

THERE IS FOR CONSIDERATION THE QUESTION AS TO WHETHER EMPLOYEES OF THE VETERANS' BUREAU WHO HAVE BEEN RELIEVED FROM DUTY AT ONE STATION AND ASSIGNED TO DUTY AT ANOTHER STATION, AS A MATTER OF BUREAU ADMINISTRATION, MAY BE ALLOWED TRAVELING EXPENSES, INCLUDING SUBSISTENCE, OR PER DIEM IN LIEU THEREOF, AS THE CASE MAY BE, WHILE MAKING THE TRANSFER.

AMONG THE NUMEROUS CASES UNDER CONSIDERATION IS THAT OF A PAYMENT MADE BY WILLIAM H. HOLMES, DISBURSING CLERK, VETERANS' BUREAU, TO MISS ADELAIDE CURLEY, STAFF NURSE, AS REIMBURSEMENT OF EXPENSES INCURRED IN GOING FROM PHILADELPHIA TO ASPINWALL, PA., OCTOBER 19 AND 20, 1925.

ATTACHED TO THE VOUCHER IS A TRAVEL ORDER WHICH READS:

YOU ARE RELIEVED FROM DUTY IN U.S. VETERANS' HOSPITAL NO. 49, PHILADELPHIA, PENNSYLVANIA, AND DIRECTED TO PROCEED ON OCTOBER 15, 1925, OR AS SOON THEREAFTER AS POSSIBLE, TO U.S. VETERANS' HOSPITAL NO. 103, ASPINWALL, PENNSYLVANIA, REPORTING ON ARRIVAL TO THE MEDICAL OFFICER IN CHARGE FOR THE PURPOSE OF ASSIGNMENT TO DUTY. PLEASE ADVISE DATE OF DEPARTURE AND ARRIVAL.

YOUR USUAL AND NECESSARY TRANSPORTATION EXPENSES AND $4.00 PER DIEM IN LIEU OF SUBSISTENCE WILL BE ALLOWED.

YOU ARE TRANSFERRED TO HOSPITAL NO. 103, ASPINWALL, PENNSYLVANIA, SUBJECT TO TAKING THE OATH OF OFFICE, AS A PERMANENT TRAINED NURSE (STAFF NURSE), AT $1,710 PER ANNUM, EFFECTIVE OCTOBER 16, 1925. (HOSP.)

IN SUPPORT OF THIS AND SIMILAR CLAIMS IN PROCESS OF SETTLEMENT, THE DIRECTOR, UNITED STATES VETERANS' BUREAU, STATES:

THE TRAVEL PERFORMED BY MISS CURLEY, AS WELL AS THE TRAVEL PERFORMED BY BUREAU EMPLOYEES IN ALL SIMILAR CASES SUSPENDED IN SETTLEMENT NO. M 18680- V, WAS DIRECTED AS A MATTER OF BUREAU ADMINISTRATION. THE ACCOUNTS WERE AUDITED AND DULY CERTIFIED AND APPROVED AS PROPERLY ALLOWABLE IN THE DISCHARGE OF OFFICIAL DUTIES OF THE EMPLOYEES INVOLVED. IT APPEARS, THEREFORE, THAT THE ADMINISTRATIVE AUTHORITY CONFERRED ON THE DIRECTOR UNDER SECTION V OF THE WAR VETERANS' ACT HAS BEEN LIMITED SOMEWHAT BY SUSPENSIONS OF THIS NATURE, AND AS NO DOUBT IS EXPRESSED BY YOUR OFFICE AS TO THESE CLAIMS BEING WITHIN THE LAW, THE NECESSITY FOR FURTHER INFORMATION CONCERNING THE PAYMENTS MADE IS NOT APPARENT.

IT IS THE POLICY OF THE BUREAU TO AUTHORIZE NO TRAVEL THAT IS NOT NECESSARY IN THE INTEREST OF THE UNITED STATES, AND IF THE CERTIFICATE ON FORM 3228, PUBLIC VOUCHER FOR REIMBURSEMENT OF TRAVEL EXPENSES, APPROVED BY THE COMPTROLLER GENERAL ON NOVEMBER 25, 1921, IS NOT SUFFICIENT TO AUTHORIZE PAYMENT OF SUCH ACCOUNTS, STEPS WILL BE TAKEN BY THE BUREAU TO AMEND THE CERTIFICATE TO CONFORM TO THE ACCOUNTING REQUIREMENTS OF THE GENERAL ACCOUNTING OFFICE.

IT IS REQUESTED, THEREFORE, THAT THE ABOVE CITED AS WELL AS ALL SIMILAR SUSPENSIONS BE RECONSIDERED BY YOUR OFFICE WITH A VIEW TO REMOVAL THEREOF IN SUBSEQUENT SETTLEMENTS OF ACCOUNTS OF THE DISBURSING OFFICER INVOLVED.

THE BUREAU'S TRAVEL REGULATIONS, 1923, PAGE 73, INVITE ATTENTION TO THE FOLLOWING PROVISIONS OF THE LAW GOVERNING REIMBURSEMENT OF TRAVELING EXPENSES:

PROVIDED, THAT HEREAFTER ONLY ACTUAL TRAVELING EXPENSES SHALL BE ALLOWED TO ANY PERSON HOLDING EMPLOYMENT OR APPOINTMENT UNDER THE UNITED STATES, EXCEPT MARSHALS, DISTRICT ATTORNEYS, AND CLERKS OF THE COURTS OF THE UNITED STATES AND THEIR DEPUTIES; AND ALL ALLOWANCES FOR MILEAGES AND TRANSPORTATION IN EXCESS OF THE AMOUNT ACTUALLY PAID, EXCEPT AS ABOVE EXCEPTED, ARE HEREBY DECLARED ILLEGAL; AND NO CREDIT SHALL BE ALLOWED TO ANY OF THE DISBURSING OFFICERS OF THE UNITED STATES FOR PAYMENT OR ALLOWANCES IN VIOLATION OF THIS PROVISION. (ACT MARCH 3, 1875, 18 STAT. 452.)

ON AND AFTER JULY FIRST, NINETEEN HUNDRED AND FOURTEEN, UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, NO OFFICER OR EMPLOYEE OF THE UNITED STATES SHALL BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY OUTSIDE OF THE DISTRICT OF COLUMBIA AND AWAY FROM HIS DESIGNATED POST OF DUTY, NOR ANY SUM FOR SUCH EXPENSES ACTUALLY INCURRED IN EXCESS OF $5 PER DAY; NOR SHALL ANY ALLOWANCE OR REIMBURSEMENT FOR SUBSISTENCE BE PAID TO ANY OFFICER OR EMPLOYEE IN ANY BRANCH OF THE PUBLIC SERVICE OF THE UNITED STATES IN THE DISTRICT OF COLUMBIA UNLESS ABSENT FROM HIS DESIGNATED POST OF DUTY OUTSIDE OF THE DISTRICT OF COLUMBIA AND THEN ONLY FOR THE PERIOD OF TIME ACTUALLY ENGAGED IN THE DISCHARGE OF OFFICIAL DUTIES. (ACT APRIL 6, 1914, 38 STAT. 318.)

THAT THE HEADS OF EXECUTIVE DEPARTMENTS AND OTHER GOVERNMENT ESTABLISHMENTS ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCES NOT EXCEEDING $4 IN LIEU OF SUBSISTENCE TO PERSONS ENGAGED IN FIELD WORK OR TRAVELING ON OFFICIAL BUSINESS OUTSIDE OF THE DISTRICT OF COLUMBIA AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY WHEN NOT OTHERWISE FIXED BY LAW. (SEC. 13, ACT AUGUST 1, 1914, 38 STAT. 680.) (V.B. GENERAL ORDER 18, AUGUST 23, 1921.)

THE ACTS AUTHORIZING PAYMENT OF TRAVEL EXPENSES HAVE REFERENCE ONLY TO OFFICERS OR EMPLOYEES WHO ARE IN A TRAVEL STATUS--- THAT IS, AWAY FROM THEIR OFFICIAL STATIONS ON OFFICIAL BUSINESS. SEE 5 COMP. GEN. 468. DOES NOT APPEAR THAT THE TRAVEL FROM PHILADELPHIA TO ASPINWALL WAS ON OFFICIAL BUSINESS. THE EMPLOYEE WAS RELIEVED FROM DUTY IN THE POSITION AT PHILADELPHIA AND WAS GIVEN A NEW POSITION AT ASPINWALL, THIS BEING EVIDENCED BY THE FACT THAT A NEW OATH WAS TAKEN.

IT IS URGED IN FAVOR OF ALLOWANCE THAT THE TRANSFER WAS A MATTER OF ADMINISTRATIVE AUTHORITY CONFERRED ON THE DIRECTOR BY SECTION 5 OF THE ACT OF JUNE 7, 1924, 43 STAT. 608. IN THIS CONNECTION IT MIGHT BE STATED THAT THE ACT REFERRED TO GRANTS TO THE DIRECTOR NO GREATER POWER OR AUTHORITY WITH RESPECT TO THE APPOINTMENT OF EMPLOYEES, FIXING THEIR RESPECTIVE DUTY STATIONS, TRANSFERS, DISMISSALS, OR REAPPOINTMENTS THAN IS ORDINARILY VESTED IN THE HEAD OF A DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT. SEE 5 COMP. GEN. 400.

THE FACT THAT THE EMPLOYEE IN THIS INSTANCE WAS ASKED OR DRAFTED TO ACCEPT A SIMILAR POSITION AT ANOTHER PLACE, AND THE ORDER PURPORTED TO AUTHORIZE THE TRANSFER AT GOVERNMENT EXPENSE, DOES NOT CHANGE HER STATUS WITH RESPECT TO TRAVEL WHICH IS BASED SOLELY UPON ABSENCE ON OFFICIAL BUSINESS AWAY FROM DESIGNATED POST OF DUTY. A CHANGE IN POST OF DUTY OF AN EMPLOYEE UNDER CIRCUMSTANCES AS HEREIN SET FORTH CONSTITUTES A SEPARATION AND REAPPOINTMENT, AND DOES NOT ENTITLE SUCH PERSON TO TRAVELING EXPENSES, IT BEING THE DUTY OF EMPLOYEES GENERALLY TO PLACE THEMSELVES, AT THEIR OWN EXPENSE, AT THEIR FIRST DUTY STATION UNDER EACH APPOINTMENT. SEE A-13568, DATED APRIL 3, 1926; A-14293, DATED MAY 27, 1926; AND A-14329, DATED MAY 29, 1926.

CASES SUCH AS ARE HERE UNDER CONSIDERATION ARE TO BE DISTINGUISHED FROM CASES OF EMPLOYEES APPOINTED FOR FIELD SERVICE GENERALLY AND WHO MAY BE MOVED ABOUT FROM ONE STATION OR HEADQUARTERS TO ANOTHER AS THE NEEDS OF THE SERVICE FOR WHICH APPOINTED MAY REQUIRE.

THE UNSETTLED ACCOUNTS INVOLVING PAYMENTS FOR TRAVELING EXPENSES OF EMPLOYEES TRANSFERRED FROM ONE POSITION TO ANOTHER, AS WAS MISS CURLEY, WILL BE ADJUSTED AND SETTLED IN ACCORDANCE WITH THIS DECISION.