A-38849, OCTOBER 13, 1931, 11 COMP. GEN. 132

A-38849: Oct 13, 1931

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IS NOT ENTITLED TO REIMBURSEMENT OF ANY EXPENSES INCURRED PRIOR TO REPORTING TO HIS FIRST DUTY STATION. A TELEGRAM WAS SENT TO MR. AS FOLLOWS: WILL YOU ACCEPT IF OFFERED POSITION JUNIOR RADIO OPERATOR SIXTEEN TWENTY ANNUM AIRWAYS DIVISION DEPARTMENT COMMERCE FIRST ASSIGNMENT LOS ANGELES SUBJECT TO LATER TRANSFER ELSEWHERE TRANSPORTATION TO FIRST STATION TO BE AT YOUR EXPENSE WIRE IMMEDIATELY IF ACCEPTABLE AND IF SO HOW SOON YOUR COULD REPORT FOR DUTY. ON THE SAME DATE A SIMILAR TELEGRAM WAS SENT TO RICHARD C. THE TWO EMPLOYEES WERE ADVISED OF THEIR PROBATIONARY APPOINTMENTS AS JUNIOR RADIO OPERATORS EFFECTIVE ON ENTRANCE UPON DUTY. DOCKENDORF IS SAMPLE OF OFFER OF POSITION TO RADIO OPERATORS AIRWAYS DIVISION.

A-38849, OCTOBER 13, 1931, 11 COMP. GEN. 132

TRAVELING EXPENSES - FIRST DUTY STATION - TEMPORARY DUTY EN ROUTE A NEWLY APPOINTED EMPLOYEE REQUIRED TO PERFORM TEMPORARY DUTY AT HIS PLACE OF RESIDENCE BEFORE REPORTING TO HIS FIRST POST OF DUTY, SUCH TEMPORARY DUTY INVOLVING NO ADDITIONAL EXPENSE, IS NOT ENTITLED TO REIMBURSEMENT OF ANY EXPENSES INCURRED PRIOR TO REPORTING TO HIS FIRST DUTY STATION.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 13, 1931:

REQUEST HAS BEEN MADE FOR REVIEW OF THE DISALLOWANCE OF CREDIT IN THE ACCOUNT OF CHARLES E. MOLSTER, DISBURSING CLERK, DEPARTMENT OF COMMERCE, FOR ITEMS OF $6.70 AND $6 PAID TO JOSEPH P. DOCKENDORF AND RICHARD C. CHESMORE, ON VOUCHERS 76734-6394 AND 77373-6587, AS REIMBURSEMENT OF EXPENSES OF TRAVEL AND SUBSISTENCE FROM LOS ANGELES, CALIF., TO ELKO, NEV. AND FROM PORTLAND, EG., TO BUTTE, MONT., RESPECTIVELY, UPON THEIR APPOINTMENTS AS JUNIOR RADIO OPERATORS IN THE LIGHTHOUSE SERVICE.

IT APPEARS THAT ON DECEMBER 22, 1930, A TELEGRAM WAS SENT TO MR. DOCKENDORF AT 2191 WEST TWENTY-SEVENTH STREET, LOS ANGELES, CALIF., AS FOLLOWS:

WILL YOU ACCEPT IF OFFERED POSITION JUNIOR RADIO OPERATOR SIXTEEN TWENTY ANNUM AIRWAYS DIVISION DEPARTMENT COMMERCE FIRST ASSIGNMENT LOS ANGELES SUBJECT TO LATER TRANSFER ELSEWHERE TRANSPORTATION TO FIRST STATION TO BE AT YOUR EXPENSE WIRE IMMEDIATELY IF ACCEPTABLE AND IF SO HOW SOON YOUR COULD REPORT FOR DUTY.

(SIGNED) CHIEF ENGINEER AIRWAYS DIVISION.

ON THE SAME DATE A SIMILAR TELEGRAM WAS SENT TO RICHARD C. CHESMORE AT 692 1/2 LOVEJOY STREET, PORTLAND, OREG., THE FIRST ASSIGNMENT BEING DESIGNATED AT PORTLAND, OREG.

ON JANUARY 9, 1931, THE TWO EMPLOYEES WERE ADVISED OF THEIR PROBATIONARY APPOINTMENTS AS JUNIOR RADIO OPERATORS EFFECTIVE ON ENTRANCE UPON DUTY.

THE RECORDS DISCLOSE THAT THEY ENTERED ON DUTY AT THE PLACES DESIGNATED ON JANUARY 12, 1931, AND THAT MR. DOCKENDORF REMAINED ON DUTY IN LOS ANGELES UNTIL JANUARY 20, WHEN HE DEPARTED FOR HIS POST OF DUTY AT ELKO, NEV., AND THAT MR. CHESMORE REMAINED ON DUTY IN PORTLAND UNTIL JANUARY 22, WHEN HE DEPARTED FOR HIS POST OF DUTY AT BUTTE, MONT.

WITH REFERENCE TO THE APPOINTMENT OF THESE EMPLOYEES THE CHIEF ENGINEER, AIRWAYS DIVISION, BUREAU OF LIGHTHOUSES, HAS MADE THE FOLLOWING STATEMENT:

ATTACHED COPY OF TELEGRAM DECEMBER 22, 1930, TO JOSEPH P. DOCKENDORF IS SAMPLE OF OFFER OF POSITION TO RADIO OPERATORS AIRWAYS DIVISION.

INTENT OF SUCH A MESSAGE IS TO INFORM THE APPLICANT THAT TRANSPORTATION TO FIRST STATION OF DUTY IS WITHOUT EXPENSE TO THE U.S. GOVERNMENT. THE FIRST POINT OF REPORTING IS ALWAYS AN ASSISTANT AIRWAYS TRAFFIC SUPERVISORS' HEADQUARTERS SO THE ASSISTANT AIRWAYS TRAFFIC SUPERVISOR MAY SUPERVISE THE EMPLOYEE AS TO ABILITY, AND IS RESPONSIBLE FOR ALLOWING ONLY CAPABLE OPERATORS TO BE TRANSFERRED.

AFTER ENTERING THE SERVICE, AT THE POINT WHERE HE FIRST REPORTS SUCH AS LOST ANGELES IN THE ABOVE CASE, HE IS PLACED ON DUTY STANDING WATCH AT ONCE. IF HE IS FOUND NOT SUITABLE FOR STANDING WATCH, HE IS SEPARATED DURING HIS PROBATIONARY PERIOD AT THE POINT HE ENTERS THE SERVICE--- LOS ANGELES IN THIS CASE.

WHILE AT THE FIRST POINT, HE MAY APPLY FOR TRANSFER WHERE THERE IS A VACANCY AND IN EVENT OF TRANSFER AT HIS REQUEST, THERE IS NO EXPENSE TO THE GOVERNMENT.

IF THE BUREAU ORDERS TRANSFER FROM THE FIRST POINT, THE TRANSFER HAS BEEN AT GOVERNMENT EXPENSE, BUT THE ASSISTANT AIRWAY TRAFFIC SUPERVISOR HAS INSTRUCTION NOT TO TRANSFER ANY OPERATOR IF HE HAS NOT SHOWN ABILITY TO STAND AN EFFICIENT WATCH. THE ASSISTANT AIRWAY TRAFFIC SUPERVISORS' HEADQUARTERS SERVE AS CLEARING HOUSES FOR RADIO OPERATORS. OBJECT IS TO PREVENT UNDESIRABLE EMPLOYEES FROM BEING RETAINED IN THE SERVICE.

IT IS APPARENT FROM THE FOREGOING THAT THE EMPLOYEES WERE APPOINTED FOR FIELD SERVICE, THEIR ACTUAL POSTS OF DUTY TO BE DESIGNATED UPON THE CONCLUSION OF THEIR PROBATIONARY PERIOD WHEN THEIR ABILITY TO PERFORM THE DUTIES FOR WHICH APPOINTED HAD BEEN DEMONSTRATED TO THE SATISFACTION OF THE ADMINISTRATIVE OFFICIAL. IT IS A WELL-SETTLED RULE THAN AN EMPLOYEE MUST BEAR THE EXPENSES INCURRED IN REPORTING TO THE FIRST POST OF DUTY TO WHICH APPOINTED. WHERE, HOWEVER, AN EMPLOYEE IS DIRECTED TO PERFORM TEMPORARY DUTY WHILE EN ROUTE TO HIS OFFICIAL STATION INCIDENT TO OR CONNECTED WITH THE WORK AT THE REGULAR DUTY STATION HE IS ENTITLED TO THE ADDITIONAL EXPENSES OF TRAVEL AND SUBSISTENCE, IF ANY, CAUSED BY THE DELAY OR DEVIATION FROM THE DIRECT ROUTE BUT THE PERFORMANCE OF SUCH DUTY EN ROUTE DOES NOT OPERATE TO RELIEVE HIM OF THE EXPENSE THAT HE OTHERWISE WOULD HAVE INCURRED IN REPORTING DIRECTLY TO HIS FIRST DUTY STATION AND, CONSEQUENTLY, HE MAY BE REIMBURSED ONLY TO THE EXTENT THAT THE EXPENSES INCURRED ARE IN EXCESS OF THE EXPENSES WHICH WOULD HAVE BEEN INCURRED BY THE EMPLOYEE IN GOING DIRECTLY FROM HIS HOME TO THE PLACE FINALLY FIXED AS HIS POST OF DUTY. SEE 10 COMP. GEN. 184; ID. 222; ID. 415 AND DECISIONS THEREIN CITED.

IN THESE CASES THE TEMPORARY DUTY WAS PERFORMANCE AT THE PLACES OF RESIDENCE OF THE EMPLOYEES AT THE TIME OF THEIR APPOINTMENTS AND THEY WERE PUT TO NO ADDITIONAL EXPENSE BY REASON OF SUCH TEMPORARY DUTY. ACCORDINGLY DISALLOWANCE OF THE ITEMS OF $6.70 AND $6 IS SUSTAINED.

WHAT HAS BEEN SAID WITH RESPECT TO THE LEGALITY OF THE EXPENDITURES BY WAY OF REIMBURSEMENT OF EXPENSES APPLIES AS WELL TO THE USE OF TRANSPORTATION REQUESTS IN CONNECTION WITH THE TRAVEL AND THERE SHOULD BE REFUNDED, ALSO, THE AMOUNTS OF $43.01 AND $35.01 PAID BY THE GOVERNMENT ON THE REQUESTS ISSUED FOR THE TRAVEL OF MR. DOCKENDORF AND MR. CHESMORE, RESPECTIVELY.