A-19720, SEPTEMBER 9, 1927, 7 COMP. GEN. 194

A-19720: Sep 9, 1927

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TRAVELING EXPENSES - TRANSFERS - CIVILIAN EMPLOYEES THE TRANSFER OF A CIVILIAN EMPLOYEE OF THE ORDNANCE DEPARTMENT FROM HIS STATION AT ONE PLACE TO A NEW STATION FOR PERMANENT DUTY IS TANTAMOUNT TO A DISCHARGE AND REAPPOINTMENT AND THE EMPLOYEE IS UNDER THE NECESSITY OF PLACING HIMSELF AT THE NEW DUTY STATION AT HIS OWN EXPENSE. 6 COMP. WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED. THE ORDER AUTHORIZING THE TRANSFER IS AS FOLLOWS: 1. YOU ARE DIRECTED TO PROCEED FROM THE DELAWARE ORDNANCE RESERVE DEPOT. THE TRAVEL DIRECTED IS ABSOLUTELY NECESSARY IN THE MILITARY SERVICE AND IMPRACTICABLE OF POSTPONEMENT WITHOUT DETRIMENT TO THE PUBLIC SERVICE. 3. TRANSPORTATION AND PULLMAN ACCOMMODATIONS WILL BE FURNISHED UPON APPLICATION TO A QUARTERMASTER CORPS REPRESENTATIVE. 4.

A-19720, SEPTEMBER 9, 1927, 7 COMP. GEN. 194

TRAVELING EXPENSES - TRANSFERS - CIVILIAN EMPLOYEES THE TRANSFER OF A CIVILIAN EMPLOYEE OF THE ORDNANCE DEPARTMENT FROM HIS STATION AT ONE PLACE TO A NEW STATION FOR PERMANENT DUTY IS TANTAMOUNT TO A DISCHARGE AND REAPPOINTMENT AND THE EMPLOYEE IS UNDER THE NECESSITY OF PLACING HIMSELF AT THE NEW DUTY STATION AT HIS OWN EXPENSE. 6 COMP. GEN. 377; ID. 602 DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO LIEUT. JAMES W. WALTERS, FINANCE OFFICER, UNITED STATES ARMY, SEPTEMBER 9, 1927:

THERE HAS BEEN RECEIVED BY INDORSEMENT OF AUGUST 26, 1927, FROM THE OFFICE OF THE CHIEF OF FINANCE, YOUR INDORSEMENT OF JULY 13, 1927, SUBMITTING, WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED, VOUCHER IN FAVOR OF FRANK W. MURPHY, JUNIOR SURVEILLANCE INSPECTOR, FOR $4.66 COVERING FRACTIONAL PER DIEM AND TRANSPORTATION EXPENSES INCURRED IN EFFECTING HIS TRANSFER FROM PEDRICKTOWN, N.J., TO NEW BRUNSWICK, N.J., APRIL 30, 1927.

THE ORDER AUTHORIZING THE TRANSFER IS AS FOLLOWS:

1. BY ORDER OF THE CHIEF OF ORDNANCE, YOU ARE DIRECTED TO PROCEED FROM THE DELAWARE ORDNANCE RESERVE DEPOT, PEDRICKTOWN, N.J., TO THE RARITAN ARSENAL, METUCHEN, N.J., FOR THE PURPOSE OF ENTERING UPON PERMANENT DUTY, BEING OFFICIAL BUSINESS PERTAINING TO THE OPERATIONS OF THE ORDINANCE DEPARTMENT.

2. THE TRAVEL DIRECTED IS ABSOLUTELY NECESSARY IN THE MILITARY SERVICE AND IMPRACTICABLE OF POSTPONEMENT WITHOUT DETRIMENT TO THE PUBLIC SERVICE.

3. TRANSPORTATION AND PULLMAN ACCOMMODATIONS WILL BE FURNISHED UPON APPLICATION TO A QUARTERMASTER CORPS REPRESENTATIVE.

4. IN ADDITION TO THE TRANSPORTATION REFERRED TO ABOVE YOU WILL RECEIVE A FLAT PER DIEM ALLOWANCE OF $6 WHILE ENGAGED IN THE PERFORMANCE OF THE TRAVEL HEREIN DIRECTED, ALL IN ACCORDANCE WITH EXISTING REGULATIONS.

5. REIMBURSEMENT OF EXPENSES MENTIONED IN ABOVE PARAGRAPHS WILL BE MADE BY THE FINANCE OFFICER, RARITAN ARSENAL FROM THE APPROPRIATION ARMY TRANSPORTATION 1927 "D," PROCUREMENT AUTHORITY ORD. 5607 P 5006 AND P5056- A-9-7.

6. APPLICATION SHOULD BE MADE TO THE DEPOT QUARTERMASTER FOR THE PACKING AND CRATING OF HOUSEHOLD EFFECTS, IN ACCORDANCE WITH THE ALLOWANCE PROVIDED IN ARMY REGULATIONS 30-960, THE TRANSPORTATION OF WHICH WILL BE PAID FROM THE APPROPRIATION ARMY TRANSPORTATION 1927 "D," PROCUREMENT AUTHORITY ORD 5607 P 4910 A-9-7.

IN FORWARDING THE VOUCHER TO THIS OFFICE THE CHIEF OF FINANCE HAS STATED:

1. IN FORWARDING THIS REQUEST OF THE DISBURSING OFFICER FOR ADVANCE DECISION, IT IS DEEMED PROPER TO STATE THAT, IN THE OPINION OF THIS OFFICE, THE DECISION REPORTED IN 6 COMPTROLLER GENERAL, AT PAGE 377, AND CITED IN THESE PAPERS, IS NOT APPLICABLE TO THE PRESENT CASE, INASMUCH AS THE EMPLOYEE HERE INVOLVED IS A MEMBER OF A GENERAL FIELD SERVICE, WHEREAS THE EMPLOYEE CONCERNING WHOM THE DECISION ABOVE CITED WAS RENDERED WAS NOT SUCH AN EMPLOYEE. AS YOU ARE, NO DOUBT, AWARE, THE ACTIVITIES OF THE ORDINANCE DEPARTMENT OF THE ARMY REQUIRE THE MOVING ABOUT OR CHANGING STATION OF SKILLED CIVILIAN EMPLOYEES OF THE ARSENAL SERVICE FROM PLACE TO PLACE FOR THE PERFORMANCE OF THE SAME CHARACTER OF DUTY, AND EVEN FROM THE UNITED STATES TO THE PHILIPPINE ISLANDS, OR OTHER OF OUR FOREIGN POSSESSIONS. ACCORDINGLY, FOR MANY YEARS THE CIVILIAN EMPLOYEES OF THE CLASS HERE INVOLVED HAVE BEEN REGARDED AS BELONGING TO A SERVICE AS MOBILE AS THE ARMY ITSELF, AND THE ORDERING OF SUCH AN EMPLOYEE FROM ONE STATION TO ANOTHER AT PUBLIC EXPENSE IS DONE ONLY WHEN THE INTERESTS OF THE SERVICE SO REQUIRE.

IT IS A WELL-ESTABLISHED RULE THAT WHEN AN EMPLOYEE IS APPOINTED FOR DUTY AT ONE STATION AND NOT FOR FIELD DUTY GENERALLY AND IS THEREAFTER TRANSFERRED FOR DUTY TO ANOTHER STATION THE SITUATION IS TANTAMOUNT TO A DISCHARGE AND REAPPOINTMENT, AND THE EMPLOYEE IS UNDER THE NECESSITY OF PLACING HIMSELF AT HIS NEW DUTY STATION AT HIS OWN EXPENSE. SEE 6 COMP. GEN. 377, AND CASES THEREIN CITED. IN 6 COMP. GEN. 602, CONDITIONS WERE SET FORTH UNDER WHICH AN EXCEPTION TO THE GENERAL RULE MIGHT BE RECOGNIZED; THAT IS, IF IT BE SHOWN, FIRST, THAT THE SERVICE IS FIELD DUTY AND THAT THE EMPLOYEE IS APPOINTED FOR GENERAL FIELD DUTY AND NOT FOR SERVICE AT A PARTICULAR PLACE OR WITHIN A LIMITED DISTRICT; SECOND, THAT THE APPROPRIATION TO BE CHARGED WITH THE EXPENSE INCURRED IN THE TRAVEL BETWEEN THE TWO STATIONS IS EQUALLY AVAILABLE FOR WORK TO BE PERFORMED AT EITHER STATION; THIRD, THAT THE DUTY REQUIRED OF THE EMPLOYEE AT BOTH THE OLD AND THE NEW STATIONS IS OF THE SAME GENERAL CHARACTER AND SUCH AS TO REQUIRE THE EMPLOYEE TO MOVE FROM PLACE TO PLACE IN THE FIELD FOR ITS PERFORMANCE; FOURTH, THAT THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT OR THE OFFICER AUTHORIZED TO ISSUE THE NECESSARY TRAVEL ORDERS CERTIFIES THAT THE TRANSFER ORIGINATED FROM A GOVERNMENT NEED AND IS NOT FOR THE PERSONAL CONVENIENCE OR DESIRES OF THE EMPLOYEE. ALL OF THE CONDITIONS THUS DESCRIBED ARE NOT MET IN THIS CASE. FOR INSTANCE, THE TRAVEL ORDER STATES THAT THE TRANSFER IS "FOR THE PURPOSE OF ENTERING UPON PERMANENT DUTY" AT THE RARITAN ARSENAL, THUS PRECLUDING ANY PRESUMPTION THAT THE DUTIES TO BE PERFORMED BY REASON OF THE TRANSFER ARE SUCH AS REQUIRE AN EMPLOYEE TO MOVE FROM PLACE TO PLACE FOR THEIR EXECUTION. THIS CASE, THEREFORE, APPEARS TO FALL WITHIN THE GENERAL RULE FIRST ABOVE STATED AND NOT WITHIN THE EXCEPTIONS.