B-22084, DECEMBER 19, 1941, 21 COMP. GEN. 591

B-22084: Dec 19, 1941

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1941: I HAVE YOUR LETTER OF NOVEMBER 22. WHOSE PERMANENT STATION WAS THE CINCINNATI ORDNANCE DISTRICT OFFICE AT CINCINNATI. IS ENCLOSED HEREWITH. YOUR DECISION IS REQUESTED AS TO WHETHER THIS INSPECTOR IS TO BE CONSIDERED AS HAVING BEEN IN A TRAVEL STATUS. IT IS THE PRACTICE OF THE ORDNANCE DISTRICT OFFICES TO PREPARE TRAVEL ORDERS SIMILAR TO THE ONE ENCLOSED HEREWITH FOR EMPLOYEES ENGAGED UPON INSPECTION WORK WHEN THEY ARE ASSIGNED FOR TEMPORARY DUTY AT A PLANT UNDER THE JURISDICTION OF A PARTICULAR DISTRICT OFFICE. WHEN SUCH PLANT IS LOCATED A SUFFICIENT DISTANCE FROM THE PARTICULAR DISTRICT OFFICE TO MAKE IT IMPRACTICABLE FOR THE EMPLOYEE TO REACH THE PLANT FROM THE DISTRICT OFFICE TO PERFORM HIS DAILY WORK.

B-22084, DECEMBER 19, 1941, 21 COMP. GEN. 591

PREPARATION AND TRANSPORTATION OF REMAINS - CIVILIAN EMPLOYEES DYING AT TEMPORARY DUTY STATION A CIVILIAN EMPLOYEE WHO DIED AT A PLACE TO WHICH HE HAD BEEN ORDERED FOR "TEMPORARY DUTY" UNDER ORDERS PRECLUDING THE PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE MAY BE CONSIDERED AS HAVING BEEN IN A "TRAVEL STATUS" AT THE TIME OF HIS DEATH WITHIN THE MEANING OF THE ACT OF JULY 8, 1940, WHICH AUTHORIZES THE PREPARATION AND TRANSPORTATION OF THE REMAINS OF CIVILIAN PERSONNEL AT GOVERNMENT EXPENSE WHEN DEATH OCCURS WHILE IN A TRAVEL STATUS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, DECEMBER 19, 1941:

I HAVE YOUR LETTER OF NOVEMBER 22, 1941, AS FOLLOWS:

MR. HARMON D. NUTTING, ASSOCIATE INSPECTOR OF ORDNANCE MATERIAL, WHOSE PERMANENT STATION WAS THE CINCINNATI ORDNANCE DISTRICT OFFICE AT CINCINNATI, OHIO, DIED AT MUNCIE, INDIANA, WHILE ASSIGNED THERE ON TEMPORARY DUTY WITHOUT PER DIEM. A COPY OF PARAGRAPH 9, SPECIAL ORDER NO. 214, ASSIGNING HIM TO THIS DUTY, IS ENCLOSED HEREWITH. YOUR DECISION IS REQUESTED AS TO WHETHER THIS INSPECTOR IS TO BE CONSIDERED AS HAVING BEEN IN A TRAVEL STATUS, IN WHICH CASE IT WOULD BE IN ORDER TO PAY, IN ACCORDANCE WITH WAR DEPARTMENT BULLETIN NO. 30, DATED OCTOBER 30, 1940, FOR PREPARATION AND TRANSPORTATION OF THE REMAINS TO HIS HOME OR OFFICIAL STATION.

FOR YOUR INFORMATION, IT IS THE PRACTICE OF THE ORDNANCE DISTRICT OFFICES TO PREPARE TRAVEL ORDERS SIMILAR TO THE ONE ENCLOSED HEREWITH FOR EMPLOYEES ENGAGED UPON INSPECTION WORK WHEN THEY ARE ASSIGNED FOR TEMPORARY DUTY AT A PLANT UNDER THE JURISDICTION OF A PARTICULAR DISTRICT OFFICE, WHEN SUCH PLANT IS LOCATED A SUFFICIENT DISTANCE FROM THE PARTICULAR DISTRICT OFFICE TO MAKE IT IMPRACTICABLE FOR THE EMPLOYEE TO REACH THE PLANT FROM THE DISTRICT OFFICE TO PERFORM HIS DAILY WORK. IT IS THE POLICY OF THE DISTRICT OFFICES WHEN ASSIGNING SUCH EMPLOYEES TO TEMPORARY DUTY TO WORD THE TRAVEL ORDER TO ALLOW PER DIEM IN LIEU OF SUBSISTENCE ONLY WHILE ACTUALLY TRAVELING. THIS ACTION IS TAKEN TO OBVIATE A QUESTION ARISING CONCERNING THE DATE WHEN IT MIGHT BE DETERMINED THE TEMPORARY DUTY STATION SHOULD BE CONSIDERED THE OFFICIAL DUTY STATION, IN CASE THE EMPLOYEE IS TO REMAIN AT THE SITE OF THE PLANT INDEFINITELY AND THERE WOULD, THEREFORE, BE REASON TO EFFECT HIS TRANSFER RATHER THAN TO CONTINUE HIM ON A TEMPORARY DUTY ASSIGNMENT.

THE REFERRED-TO SPECIAL ORDER NO. 214 IS DATED SEPTEMBER 16, 1941, AND READS AS FOLLOWS:

9. PURSUANT TO AUTHORITY CONTAINED IN ORDNANCE DEPARTMENT ORDER NO. 179, WAR DEPARTMENT, OFFICE, CHIEF OF ORDNANCE, WASHINGTON, D.C., DATED JULY 14, 1941, THE FOLLOWING NAMED EMPLOYEE/S) OF THE CINCINNATI ORDNANCE DISTRICT IS (ARE) DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 16, 1941, FROM CINCINNATI, OHIO, TO THE CITY INDICATED ABOVE NAMED ON TEMPORARY DUTY AND OFFICIAL BUSINESS IN CONNECTION WITH THE MANUFACTURE OF ORDNANCE MATERIAL: TO: MUNCIE, INDIANA. NAME: HARMON D. NUTTING. TITLE: ASSISTANT INSPECTOR, ORDNANCE

MATERIAL.

WALTER B. HEWITT. ASSOCIATE INSPECTOR, ORDNANCE

MATERIAL. IN LIEU OF SUBSISTENCE WHILE ACTUALLY TRAVELING FROM CINCINNATI, OHIO TO MUNCIE, INDIANA, THE FINANCE DEPARTMENT WILL PAY MR. NUTTING AND MR. HEWITT $5.00 PER DIEM IN ACCORDANCE WITH EXISTING LAW AND REGULATIONS CHARGEABLE TO: (294) FD 1466 P 11-06 A 10410-2 TRAVEL OF THE ARMY, 1942. MR. HEWITT IS AUTHORIZED TO USE A PERSONALLY OWNED AUTOMOBILE FOR THE TRAVEL DIRECTED AND WILL BE REIMBURSED AT THE RATE OF 3 CENTS PER MILE, IT HAVING BEEN ADMINISTRATIVELY DETERMINED IN ADVANCE THAT THE ALLOWANCE AT THAT RATE WILL BE MORE ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT THAN TRAVEL BY COMMON CARRIER. THE TRAVEL DIRECTED IS NECESSARY IN THE PUBLIC SERVICE.

THE ACT OF JULY 8, 1940, 54 STAT. 743, PROVIDES AS FOLLOWS:

THAT IN CASE ANY CIVILIAN OFFICER OR EMPLOYEE OF THE UNITED STATES DIES (1) WHILE IN A TRAVEL STATUS AWAY FROM HIS OFFICIAL STATION IN THE UNITED STATES OR (2) WHILE PERFORMING OFFICIAL DUTIES IN A TERRITORY OR POSSESSION OF THE UNITED STATES OR IN A FOREIGN COUNTRY OR IN TRANSIT THERETO OR THEREFROM, THE HEAD OF THE DEPARTMENT, INDEPENDENT ESTABLISHMENT, AGENCY, OR FEDERALLY OWNED OR CONTROLLED CORPORATION, HEREINAFTER CALLED DEPARTMENT, IN THE SERVICE OF WHICH SUCH OFFICER OR EMPLOYEE WAS ENGAGED, IS HEREBY AUTHORIZED, UNDER REGULATIONS TO BE PRESCRIBED BY THE PRESIDENT AND EXCEPT AS OTHERWISE PROVIDED BY LAW, TO PAY FROM THE APPROPRIATION AVAILABLE FOR THE ACTIVITY IN WHICH HE WAS ENGAGED---

(A) IN CASE OF THE DEATH OF THE OFFICER OR EMPLOYEE IN SUCH TRAVEL STATUS IN THE UNITED STATES, OR IN THE CASE OF THE DEATH OF THE OFFICER OR EMPLOYEE WHILE PERFORMING OFFICIAL DUTIES IN A TERRITORY OR POSSESSION OF THE UNITED STATES OR IN A FOREIGN COUNTRY OR IN TRANSIT THERETO OR THEREFROM, THE EXPENSES OF PREPARING AND TRANSPORTING THE REMAINS OF SUCH OFFICER OR EMPLOYEE TO HIS HOME OR OFFICIAL STATION OR SUCH OTHER PLACE AS THE HEAD OF THE DEPARTMENT CONCERNED SHALL DETERMINE TO BE THE APPROPRIATE PLACE OF INTERMENT.

(A) IN CASE OF THE DEATH OF THE OFFICER OR EMPLOYEE WHILE PERFORMING OFFICIAL DUTIES IN A TERRITORY OR POSSESSION OF THE UNITED STATES OR IN A FOREIGN COUNTRY OR IN TRANSIT THERETO OR THEREFROM, THE EXPENSES OF PREPARING AND TRANSPORTING THE REMAINS OF SUCH OFFICER OR EMPLOYEE TO HIS HOME OR OFFICIAL STATION OR SUCH OTHER PLACE AS THE HEAD OF THE DEPARTMENT CONCERNED SHALL DETERMINE TO BE THE APPROPRIATE PLACE OF INTERMENT.

(B) IN CASE OF THE DEATH OF THE OFFICER OR EMPLOYEE WHILE PERFORMING OFFICIAL DUTIES IN A TERRITORY OR POSSESSION OF THE UNITED STATES OR IN A FOREIGN COUNTRY OR IN TRANSIT THERETO OR THEREFROM, THE TRANSPORTATION EXPENSES OF HIS DEPENDENTS, INCLUDING EXPENSES INCURRED IN PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY TO HIS FORMER HOME OR SUCH OTHER PLACE AS THE HEAD OF THE DEPARTMENT SHALL DETERMINE.

SEC. 2. THE BENEFITS OF SECTION 1 OF THIS ACT SHALL NOT BE DENIED IN ANY CASE ON THE GROUND THAT THE DECEASED WAS TEMPORARILY ABSENT FROM DUTY WHEN DEATH OCCURRED.

SEC. 3. THIS ACT SHALL BECOME EFFECTIVE SIXTY DAYS AFTER ITS ENACTMENT.

PURSUANT TO THE ABOVE-QUOTED STATUTE THE PRESIDENT, BY EXECUTIVE ORDER NO. 8557 DATED SEPTEMBER 30, 1940, ISSUED REGULATIONS, IN PERTINENT PART, AS FOLLOWS: PART II. PREPARATION AND TRANSPORTATION OF THE REMAINS OF

EMPLOYEES DYING WHILE IN A TRAVEL STATUS AWAY FROM THEIR

OFFICIAL STATION AND WITHIN THE CONTINENTAL LIMITS OF THE

UNITED STATES

SECTION 2. WHEN AN EMPLOYEE DIES WHILE TRAVELING ON OFFICIAL BUSINESS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES, THE HEAD OF THE DEPARTMENT CONCERNED SHALL PAY THE EXPENSES OF PREPARING THE REMAINS OF THE DECEDENT AND OF TRANSPORTING THE REMAINS TO THE HOME OR OFFICIAL STATION OF THE DECEDENT OR TO SUCH OTHER PLACE AS THE HEAD OF THE DEPARTMENT MAY DESIGNATE AS THE APPROPRIATE PLACE OF INTERMENT, PROVIDED THAT IN NO CASE SHALL THE EXPENSES PAYABLE BE GREATER THAN THE AMOUNT WHICH WOULD HAVE BEEN PAYABLE HAD THE PLACE OF INTERMENT BEEN THE HOME OR OFFICIAL STATION, WHICHEVER SHALL BE MORE DISTANT.

SECTION 3. PREPARATION OF REMAINS.--- THE COSTS OF PREPARATION OF REMAINS ALLOWABLE UNDER SECTION 2 OF THESE REGULATIONS SHALL INCLUDE COSTS OF EMBALMING, CREMATION, NECESSARY CLOTHING, AND CASKET. THE TOTAL AMOUNT ALLOWED FOR SUCH PREPARATION SHALL NOT EXCEED $100.

SECTION 4. TRANSPORTATION OF REMAINS.--- THE COSTS OF TRANSPORTATION OF REMAINS ALLOWABLE UNDER SECTION 2 OF THESE REGULATIONS SHALL INCLUDE THE COSTS OF REMOVAL OF THE REMAINS FROM THE PLACE WHERE DEATH OCCURRED TO AN UNDERTAKING ESTABLISHMENT, PROCUREMENT OF BURIAL AND SHIPPING PERMITS, FURNISHING AN OUTSIDE CASE FOR SHIPMENT (INCLUDING, WHEN NECESSARY, THE SEALING OF SUCH SHIPPING CASE), REMOVAL TO A COMMON CARRIER, TRANSPORTING THE BODY BY COMMON CARRIER, AND ONE REMOVAL AT THE PLACE OF INTERMENT FROM THE COMMON CARRIER TO AN UNDERTAKING ESTABLISHMENT OR OTHER PLACE OF IMMEDIATE DELIVERY. INSTEAD OF CONVEYANCE BY COMMON CARRIER, REMOVAL OF THE REMAINS OVERLAND BY HEARSE (INCLUDING FERRY CHARGES, BRIDGE TOLLS, AND SIMILAR ITEMS) MAY BE ALLOWED, PROVIDED THAT THE TOTAL CHARGES FOR TRANSPORTATION SHALL NOT EXCEED THE TOTAL COSTS OF TRANSPORTATION HAD CONVEYANCE BEEN MADE BY COMMON CARRIER. IF CONVEYANCE IS BY HEARSE, NO ALLOWANCE SHALL BE MADE FOR AN OUTSIDE SHIPPING CASE.

SECTION 14. DEATH DURING PERIOD OF ABSENCE FROM DUTY.--- WHEN AN EMPLOYEE DIES WHILE TEMPORARILY ABSENT FROM DUTY DURING A PERIOD OF TRAVEL ON OFFICIAL BUSINESS OR DURING THE PERIOD OF HIS ASSIGNMENT TO A POST OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, THE PROVISIONS OF THESE REGULATIONS SHALL APPLY, EXCEPT THAT THE AMOUNT ALLOWED FOR THE TRANSPORTATION OF THE REMAINS TO THE PLACE OF INTERMENT SHALL NOT EXCEED THE AMOUNT WHICH WOULD HAVE BEEN ALLOWABLE HAD DEATH OCCURRED AT THE POINT FROM WHICH THE DECEDENT DEPARTED ON SUCH TEMPORARY ABSENCE.

IT WILL BE NOTED THAT SECTION 14, SUPRA, PROVIDES THAT THE REGULATIONS SHALL APPLY "WHEN AN EMPLOYEE DIES WHILE TEMPORARILY ABSENT FROM DUTY DURING A PERIOD OF TRAVEL ON OFFICIAL BUSINESS.' THE TRAVEL ORDER IN THIS CASE DESCRIBES THE DUTY TO WHICH ASSIGNED AS "TEMPORARY," WHICH IS A TERM GENERALLY USED TO DESCRIBE DUTY TO BE PERFORMED WHILE IN A TRAVEL STATUS. THE FACT THAT THE TRAVEL ORDER PRECLUDES PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE WHILE AT THE PLACE OF TEMPORARY DUTY IS NOT CONTROLLING INSOFAR AS THE QUESTION HERE INVOLVED IS CONCERNED. THE TERMS,"TEMPORARY DUTY," AND "TRAVEL STATUS," FREQUENTLY ARE USED SYNONYMOUSLY.

AS IT WOULD APPEAR FROM YOUR SUBMISSION THAT, WHEN THE TRAVEL ORDERS WERE ISSUED TO THE EMPLOYEE INVOLVED, THERE WAS NO ADMINISTRATIVE INTENTION THAT THE EMPLOYEE SHOULD REMAIN INDEFINITELY OR PERMANENTLY AT MUNCIE AND- -- THE LENGTH OF HIS STAY AT THAT PLACE PRIOR TO HIS DEATH NOT BEING SUFFICIENT TO WARRANT ANY DIFFERENT CONCLUSION--- THE DECEASED EMPLOYEE MAY BE CONSIDERED AS HAVING BEEN IN A TRAVEL STATUS AT THE TIME OF HIS DEATH. ACCORDINGLY, THE COST OF PREPARATION AND TRANSPORTATION OF HIS REMAINS TO HIS HOME OR OFFICIAL STATION MAY BE AT GOVERNMENT EXPENSE, IF OTHERWISE WITHIN THE TERMS OF THE STATUTE AND THE PRESIDENT'S REGULATIONS, SUPRA. ..END :