A-91931, FEBRUARY 24, 1938, 17 COMP. GEN. 678

A-91931: Feb 24, 1938

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IS NOT AVAILABLE FOR PAYMENT OF TRAVELING EXPENSES OF THE HUSBAND OF AN APPOINTEE WHO WAS NOT DEPENDENT UPON HIS WIFE FOR SUPPORT AT THE TIME THE TRAVEL WAS PERFORMED. HEADDY: THIS LETTER IS IN REFERENCE TO VOUCHER NO. 175. INASMUCH AS THERE IS NO EVIDENCE WITH THE VOUCHER ESTABLISHING THE FACT THAT PAUL B. HEADDY IS A DEPENDENT MEMBER OF THE IMMEDIATE FAMILY OF THE EMPLOYEE.'. MENTION IS ALSO MADE THAT THE COST OF TRANSPORTATION OF PAUL B. HEADDY IN THE AMOUNT OF $505.55 IS SUBJECT TO THE SAME OBJECTION. HEADDY IS MY HUSBAND. I WAS GIVEN ASSURANCE THROUGH THE BUREAU OF INSULAR AFFAIRS AT THE TIME I ACCEPTED THE POSITION AS PRIVATE SECRETARY TO THE HIGH COMMISSIONER THAT TRANSPORTATION AND EXPENSES FOR MR.

A-91931, FEBRUARY 24, 1938, 17 COMP. GEN. 678

TRAVELING EXPENSES - NONDEPENDENT HUSBAND OF APPOINTEE THE APPROPRIATION FOR THE OFFICE OF THE UNITED STATES HIGH COMMISSIONER TO THE PHILIPPINE ISLANDS MADE BY ACT OF MAY 15, 1936, 49 STAT. 1305, IS NOT AVAILABLE FOR PAYMENT OF TRAVELING EXPENSES OF THE HUSBAND OF AN APPOINTEE WHO WAS NOT DEPENDENT UPON HIS WIFE FOR SUPPORT AT THE TIME THE TRAVEL WAS PERFORMED, NOTWITHSTANDING THE APPROPRIATION PROVIDED FOR "* * * TRAVELING EXPENSES, INCLUDING PERSONS APPOINTED HEREUNDER WITHIN THE UNITED STATES AND THEIR FAMILIES, * * *," THE TRAVEL ORDERS INVOLVED HAVING LIMITED REIMBURSEMENT FOR TRAVELING EXPENSES TO "DEPENDENT MEMBERS" OF THE APPOINTEES' IMMEDIATE FAMILIES.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, FEBRUARY 24, 1938:

REVIEW HAS BEEN REQUESTED OF THE ACTION OF THIS OFFICE IN DISALLOWING CREDIT IN THE ACCOUNTS OF CAPT. A. C. HARDEN, UNITED STATES ARMY, FOR $505.55, REPRESENTING PAYMENT FOR THE TRANSPORTATION OF PAUL B. HEADDY FROM INDIANAPOLIS, IND., TO MANILA, P.I., DURING MARCH AND APRIL 1937 AS A MEMBER OF THE FAMILY OF HIS WIFE, MRS. MARGARET BUCHANAN HEADDY, PRIVATE SECRETARY TO THE UNITED STATES HIGH COMMISSIONER TO THE PHILIPPINE ISLANDS. IN SUPPORT OF THE REQUEST FOR REVIEW THERE HAS BEEN FURNISHED THE FOLLOWING STATEMENT BY MRS. HEADDY:

THIS LETTER IS IN REFERENCE TO VOUCHER NO. 175, MAY 1937 ACCOUNTS OF CAP. A. C. HARDEN, FINANCE DEPARTMENT, ON WHICH CREDIT HAS BEEN WITHHELD IN THE AMOUNT OF $76.43--- "COVERING TRAVELING EXPENSES OF MARGARET BUCHANAN HEADDY, PRIVATE SECRETARY (TO THE UNITED STATES HIGH COMMISSIONER), AND PAUL B. HEADDY, INASMUCH AS THERE IS NO EVIDENCE WITH THE VOUCHER ESTABLISHING THE FACT THAT PAUL B. HEADDY IS A DEPENDENT MEMBER OF THE IMMEDIATE FAMILY OF THE EMPLOYEE.' MENTION IS ALSO MADE THAT THE COST OF TRANSPORTATION OF PAUL B. HEADDY IN THE AMOUNT OF $505.55 IS SUBJECT TO THE SAME OBJECTION.

MR. HEADDY IS MY HUSBAND, AND I WAS GIVEN ASSURANCE THROUGH THE BUREAU OF INSULAR AFFAIRS AT THE TIME I ACCEPTED THE POSITION AS PRIVATE SECRETARY TO THE HIGH COMMISSIONER THAT TRANSPORTATION AND EXPENSES FOR MR. HEADDY WOULD BE TAKEN CARE OF. IT WAS ONLY ON THAT ASSURANCE THAT MY DECISION TO ACCEPT THE POSITION WAS BASED. WITHOUT THAT ASSURANCE, ENTIRELY DIFFERENT ARRANGEMENTS WOULD HAVE BEEN MADE; I.E., I COULD NOT HAVE ACCEPTED THE POSITION, OR AT LEAST WE WOULD OF NECESSITY HAVE HAD TO ARRANGE FOR MUCH CHEAPER TRANSPORTATION BECAUSE OF OUR FINANCIAL SITUATION.

I WAS NOT INFORMED AND DID NOT KNOW UNTIL THIS WEEK, ALMOST EIGHT MONTHS AFTER GIVING MY DECISION TO THE HIGH COMMISSIONER, THAT THE ONLY WAY IN WHICH TRANSPORTATION FOR MR. HEADDY COULD BE SECURED WAS TO SIGN AN AFFIDAVIT THAT HE IS A DEPENDENT MEMBER OF MY FAMILY. THAT WAS NOT A FACT AT THE TIME OF OUR DEPARTURE, NOR IS IT A FACT NOW. MR. HEADDY HAD BEEN SERIOUSLY ILL AND WAS ENTIRELY DEPENDENT UPON ME FOR A PERIOD OF ALMOST SIX MONTHS DURING THE YEAR JUST PRIOR TO OUR LEAVING THE STATES TO COME TO MANILA. IN THAT TIME HE WAS IN THE HOSPITAL FOR A MONTH, AND THE NATURE OF HIS ILLNESS WAS SUCH THAT A PHYSICIAN'S CARE WAS REQUIRED AFTER HE WAS ABLE TO LEAVE THE HOSPITAL. BUT MR. HEADDY IS NOT DEPENDENT UPON ME NOW, AND, AS STATED ABOVE, WAS NOT AT THE TIME OF OUR DEPARTURE FROM THE STATES.

MR. HEADDY'S ILLNESS HAD BEEN A GREAT EXPENSE TO US AND AS A CONSEQUENCE WE WERE DEEPLY IN DEBT, WHICH INDEBTEDNESS HAD NOT BEEN FULLY SETTLED BEFORE COMING TO MANILA. MAKING ARRANGEMENTS FOR LEAVING THE STATES FOR SO LONG A PERIOD ENTAILED FURTHER PERSONAL FINANCIAL EXPENDITURE. ADDITION TO THAT, LIVING EXPENSES HERE IN MANILA ARE MUCH HIGHER THAN HAD BEEN REPRESENTED TO US.

UNDER THE CIRCUMSTANCES IT SEEMS TO ME THAT THE PAYMENT OF THE ABOVE MENTIONED SUSPENDED AMOUNTS BY MR. HEADDY AND ME IS GROSSLY UNFAIR AND AN INJUSTICE. THE SIGNING OF THE AFFIDAVIT SUGGESTED IS QUITE OBVIOUSLY OUT OF THE QUESTION. I AM NOT ASKING FOR MORE THAN ANY INDIVIDUAL WOULD EXPECT FROM AN ORDINARY BUSINESS CONCERN. CONSIDERING ALL OF THE FACTS--- OUR INDEBTEDNESS, AT THE TIME OF MY ACCEPTANCE OF THE POSITION, DUE TO MR. HEADDY'S ILLNESS; THAT I WAS GIVEN ASSURANCE THAT MR. HEADDY'S TRANSPORTATION AND EXPENSES WOULD BE PAID, AND ON THAT ASSURANCE MY DECISION TO ACCEPT THE POSITION WAS BASED--- I FEEL THAT SOME ARRANGEMENT SHOULD BE MADE SO THAT MR. HEADDY AND I WILL NOT HAVE TO PAY THE SUSPENDED AMOUNTS OF $76.43 AND $505.55.

THE APPROPRIATION FOR THE MAINTENANCE OF THE OFFICE OF THE UNITED STATES HIGH COMMISSIONER TO THE PHILIPPINE ISLANDS, ACT OF MAY 15, 1936, 49 STAT. 1305, AMONG OTHER ITEMS, PROVIDES FOR:

* * * TRAVELING EXPENSES, INCLUDING PERSONS APPOINTED HEREUNDER WITHIN THE UNITED STATES AND THEIR FAMILIES, ACTUAL EXPENSES OF TRAVEL AND TRANSPORTATION OF HOUSEHOLD EFFECTS FROM THEIR HOMES IN THE UNITED STATES TO THE PHILIPPINE ISLANDS, * * *

HOWEVER, IN AUTHORIZING THE TRAVEL OF THE VARIOUS APPOINTEES, THE UNITED STATES HIGH COMMISSIONER ISSUED THE FOLLOWING ORDER DATED MARCH 22, 1937:

CHART

SUBJECT: TRAVELING INSTRUCTIONS.

TO: HON. PAUL V. MCNUTT, U.S. HIGH COMMISSIONER.

MR. LEO MELVIN GARDNER, LEGAL ADVISER.

MRS. MARGARET BUCHANAN HEADDY, PRIVATE SECRETARY.

MR. WAYNE COY, ADMINISTRATIVE ASSISTANT.

MRS. EDITH M. KEYES, ASSISTANT CHIEF CLERK AND

SECRETARIAL-STENOGRAPHER.

MISS MARY JO KEENE, CONFIDENTIAL STENOGRAPHER.

MR. FLOYD J. DUBAS, ACCOUNTANT STATISTICIAN.

MR. POSEY W. REEVES, CONFIDENTIAL STENOGRAPHER.

MR. AUBRY KUYKENDALL, CHAUFFEUR.

UNDER AUTHORITY CONTAINED IN PUBLIC, NO. 598, 74TH CONGRESS, TITLE II, MAKING APPROPRIATION FOR THE UNITED STATES HIGH COMMISSIONER TO THE PHILIPPINE ISLANDS FOR THE FISCAL YEAR ENDING JUNE 30, 1937, THE FOLLOWING PERSONS APPOINTED WITHIN THE UNITED STATES, ACCOMPANIED BY DEPENDENT MEMBERS OF THEIR IMMEDIATE FAMILIES, ARE AUTHORIZED TO PROCEED ON OR ABOUT MARCH 29, 1937, FROM THEIR HOMES IN THE UNITED STATES TO MANILA, PHILIPPINE ISLANDS, FOR DUTY IN CONNECTION WITH THE OFFICE OF THE UNITED STATES HIGH COMMISSIONER, PROCEEDING BY RAIL FROM THEIR RESPECTIVE HOMES TO SAN FRANCISCO, CALIFORNIA, AND THENCE TO MANILA USING COMMERCIAL LINER FLYING AMERICAN FLAG.

CHART

HON. PAUL V. MCNUTT, U.S. HIGH COMMISSIONER.

MR. LEO MELVIN GARDNER, LEGAL ADVISER.

MRS. MARGARET BUCHANAN HEADDY, PRIVATE SECRETARY.

MR. WAYNE COY, ADMINISTRATIVE ASSISTANT.

MRS. EDITH M. KEYES, ASSISTANT CHIEF CLERK AND SECRETARIAL STENOGRAPHER.

MISS MARY JO KEENE, CONFIDENTIAL STENOGRAPHER.

MR. FLOYD J. DUBAS, ACCOUNTANT STATISTICIAN.

MR. POSEY W. REEVES, CONFIDENTIAL STENOGRAPHER.

MR. AUBRY KUYKENDALL, CHAUFFEUR.

FOR ALL PERSONS INCLUDED IN THIS ORDER, INCLUDING DEPENDENT MEMBERS OF THEIR IMMEDIATE FAMILIES, THE PROPER DISBURSING OFFICERS ARE AUTHORIZED TO PAY ACTUAL EXPENSES OF TRAVEL AND TRANSPORTATION OF HOUSEHOLD EFFECTS FROM THEIR RESPECTIVE HOMES IN THE UNITED STATES TO THE PHILIPPINE ISLANDS. PROCUREMENT AUTHORITIES AGAINST WHICH THE FOREGOING IS CHARGEABLE ARE:

CHART

TRAVEL ----------------------------------------- IA 3 PL-0600 A 2005 7

PACKING AND CRATING (JOB WORK) ----------------- IA 2 PL-1378 A 2005 7

TRANSPORTATION OF HOUSEHOLD EFFECTS ------------ IA 2 PL-0780 A 2005 7

DRAYAGE, CARTAGE, AND HAULING ------------------ IA 2 PL-0730 A 2005 7

THE TRAVEL DIRECTED IS NECESSARY IN THE PUBLIC SERVICE.

THE APPROPRIATION FOR TRAVEL EXPENSES OF APPOINTEES IS NECESSARILY SUBJECT TO CONTROL BY THE ADMINISTRATIVE HEAD OF THE OFFICE AND NO EMPLOYEE HAS A VESTED RIGHT TO REIMBURSEMENT OF TRAVELING EXPENSES IN EXCESS OF WHAT IS AUTHORIZED IN HIS TRAVEL ORDERS. THE UNITED STATES HIGH COMMISSIONER, ACTING WITHIN HIS DISCRETION, LIMITED REIMBURSEMENT OF TRAVEL EXPENSES TO DEPENDENT MEMBERS OF THE APPOINTEES' IMMEDIATE FAMILIES AND AS MRS. HEADDY HAS STATED THAT HER HUSBAND WAS NOT DEPENDENT UPON HER FOR SUPPORT AT THE TIME THE TRAVEL WAS PERFORMED, THERE IS NO AUTHORITY FOR PAYMENT OF SUCH EXPENSES FROM THE APPROPRIATION IN QUESTION. THEREFORE, UPON REVIEW THE AUDIT ACTION HERETOFORE TAKEN MUST BE, AND IS, SUSTAINED.