B-37096, NOVEMBER 5, 1943, 23 COMP. GEN. 342

B-37096, NOVEMBER 5, 1943, 23 COMP. GEN. 342

TRAVELING EXPENSES - TRANSFERS - TEMPORARY STATION LATER MADE NEW STATION - DELAYED RECEIPT OF NOTICE WHERE AN EMPLOYEE, WHILE AT A TEMPORARY DUTY STATION, WAS PERMANENTLY TRANSFERRED TO THAT STATION BUT NOTICE OF THE TRANSFER WAS NOT RECEIVED BY HIM UNTIL HE RETURNED TO HIS OLD STATION INCIDENT TO HIS ORIGINAL ORDERS, HIS CHANGE OF STATION WAS NOT EFFECTIVE UNTIL HE RETURNED TO THE NEW PERMANENT STATION, AND, THEREFORE, HE IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE WHILE AT THE TEMPORARY STATION SUBSEQUENTLY MADE PERMANENT, AND TO TRAVELING EXPENSES IN CONNECTION WITH TRAVEL THEREFROM TO HIS OLD STATION AND RETURN.

COMPTROLLER GENERAL WARREN TO MAJ. W. K. BOND, U. S. ARMY, NOVEMBER 5, 1943:

BY FIRST INDORSEMENT DATED SEPTEMBER 16, 1943, THE FISCAL DIRECTOR, ARMY SERVICE FORCES, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF AUGUST 14, 1943, AS FOLLOWS:

HEREWITH CLAIM OF ALEXANDER L. MCKINNEY, CIVILIAN EMPLOYEE FOR PER DIEM AND REIMBURSEMENT OF EXPENSES INCIDENT TO OFFICIAL TRAVEL.

PAYMENT CANNOT BE MADE BY THIS OFFICE DUE TO DOUBT AS TO VALIDITY OF ORDERS AND AS TO SUFFICIENCY OF AFFIDAVITS.

THE UNDERSIGNED IS DISBURSING OFFICER AT HOLABIRD ORDNANCE DEPOT, BALTIMORE, MARYLAND AND HAS BEEN PRESENTED THE ATTACHED VOUCHERS FOR PAYMENT.

THE INFORMATION FURNISHED WITH THE VOUCHERS SHOWS THAT ALEXANDER L. MCKINNEY, CIVILIAN EMPLOYEE, WITH PERMANENT STATION AT HOLABIRD ORDNANCE DEPOT, BALTIMORE, MARYLAND, ARRIVED AT DETROIT, MICHIGAN, ON APRIL 12, 1943, FOR APPROXIMATELY 30 DAYS' TEMPORARY DUTY UNDER SPECIAL ORDERS NO. 88, DATED APRIL 8, 1943, WHICH AUTHORIZED A PER DIEM OF $6 WHILE TRAVELING AND WHILE ON TEMPORARY DUTY AT DETROIT, AND RETURN TO BALTIMORE UPON COMPLETION OF THE TEMPORARY DUTY UNLESS OTHERWISE DIRECTED. HE REMAINED ON DUTY AT DETROIT UNTIL MAY 11, 1943, ON WHICH DATE HE ARRIVED BACK AT HOLABIRD ORDNANCE DEPOT, BALTIMORE, MARYLAND--- THE TEMPORARY DUTY AT DETROIT HAVING BEEN COMPLETED. ON APRIL 21, 1943, SPECIAL ORDERS NO. 101, WERE ISSUED AMENDING SPECIAL ORDERS NO. 88, DATED APRIL 8, 1943, BY EXTENDING THE PERIOD FOR TEMPORARY DUTY AT DETROIT UNTIL THE CLOSE OF BUSINESS ON MAY 15, 1943, AND MAKING THE TEMPORARY DUTY AT DETROIT A PERMANENT CHANGE OF STATION EFFECTIVE MAY 16, 1943. ON MAY 13 AND 14, 1943, THE EMPLOYEE TRAVELED IN HIS AUTOMOBILE FROM BALTIMORE TO DETROIT UNDER SPECIAL ORDERS NO. 122, DATED MAY 13, 1943, WHICH AUTHORIZED MILEAGE AT THREE CENTS PER MILE AND $6 PER DIEM FOR THE TRAVEL.

WHILE THE VOUCHERS FORWARDED WITH YOUR LETTER ARE NOT APPROVED FOR ANY AMOUNT, AND THE QUESTION FOR ADVANCE DECISION IS NOT STATED SPECIFICALLY (SEE 22 COMP. GEN. 588), IT IS UNDERSTOOD FROM THE CORRESPONDENCE FURNISHED WITH THE FILE THAT THE MATTER IN DOUBT IS WHETHER THE EMPLOYEE'S PERMANENT TRANSFER OF DUTY STATION FROM BALTIMORE, MARYLAND, TO DETROIT, MICHIGAN, WAS EFFECTIVE ON APRIL 21, 1943, THE DATE THE TRANSFER ORDERS ( SPECIAL ORDERS NO. 101) WERE ISSUED, OR ON MAY 11, 1943, THE DATE THE ORDERS WERE RECEIVED BY THE EMPLOYEE.

IT IS STATED IN LETTER DATED JUNE 25, 1943, FROM COLONEL G. W. VAUGHN, TANK-AUTOMOTIVE CENTER, DETROIT, MICHIGAN, TO THE COMMANDING GENERAL AT HOLABIRD ORDNANCE DEPOT, BALTIMORE, MARYLAND, THAT WHEN THE EMPLOYEE APPLIED, APPARENTLY AT BALTIMORE, FOR HIS PER DIEM COVERING THE PERIOD OF TIME HE WAS IN DETROIT, HE WAS TOLD THAT HE WOULD NOT BE PAID FOR THE PERIOD FROM APRIL 21, THE DATE OF SPECIAL ORDERS NO. 101, TRANSFERRING HIM PERMANENTLY TO DETROIT, TO MAY 11, 1943, THE DATE HE RETURNED TO HOLABIRD ORDNANCE DEPOT AT BALTIMORE, MARYLAND; AND THAT HE WOULD HAVE TO PAY FOR THE TRANSPORTATION PROCURED ON TRANSPORTATION REQUESTS FOR THE RETURN TRIP FROM DETROIT TO BALTIMORE, AND THAT HE WOULD BE CHARGED WITH PER DIEM ALREADY PAID HIM FOR APRIL 21 TO 27, 1943. THE REASON GIVEN FOR THAT ACTION IS THAT THE FINANCE DEPARTMENT CONSIDERED HIM PERMANENTLY TRANSFERRED TO TANK-AUTOMOTIVE CENTER AT DETROIT AS OF THE DATE OF SPECIAL ORDERS NO. 101, DIRECTING HIS PERMANENT TRANSFER TO BE EFFECTIVE MAY 16, 1943.

THE EMPLOYEE HAS FURNISHED A CERTIFICATE STATING HE DID NOT RECEIVE SPECIAL ORDERS NO. 101, DATED APRIL 21, 1943, UNTIL AFTER HE ARRIVED AT HOLABIRD ORDNANCE DEPT ON MAY 11, 1943, AND THAT THIS WAS THE FIRST DATE HE KNEW THESE ORDERS WERE IN EXISTENCE. SAID STATEMENT IS SUBSTANTIATED BY PHOTOSTATIC COPIES OF AN ENVELOPE BEARING THE RETURN ADDRESS OF THE HOLABIRD ORDNANCE DEPOT, BALTIMORE, MARYLAND, ADDRESSED TO MR. ALEXANDER L. MCKINNEY, DETROIT, MICHIGAN, AND POSTMARKED AT BALTIMORE ON APRIL 22, 1943, WHICH SHOWS A STAMP " REASON FOR NON DELIVERY.' IT APPEARS THAT THE EMPLOYEE ACTED IN GOOD FAITH WHEN HE RETURNED TO BALTIMORE, HIS OLD PERMANENT STATION, ON MAY 11, 1943, UNDER HIS ORDERS OF APRIL 8, 1943, AND NO REASON IS APPARENT WHY HIS CERTIFICATE SHOULD NOT BE ACCEPTED.

IT UNIFORMLY HAS BEEN HELD THAT WHEN A CIVILIAN EMPLOYEE IS PERMANENTLY TRANSFERRED TO A PLACE AT WHICH HE ALREADY IS ON DUTY UNDER COMPETENT ORDERS, THE TRANSFER IS EFFECTIVE UPON THE DATE HE RECEIVES NOTICE THEREOF. DECISIONS OF MARCH 16, 1942, B-23939; AND JULY 22, 1942, B- 26965. BUT IF AN EMPLOYEE IS TRANSFERRED TO A PLACE WHERE HE IS NOT ON TEMPORARY DUTY, HIS POST OF DUTY CHANGES ON THE DATE HE ACTUALLY ARRIVES AT THE NEW STATION. 5 COMP. GEN. 337; ID. 874.

IN THE PRESENT CASE THE EMPLOYEE RECEIVED HIS TRANSFER ORDERS, SPECIAL ORDERS NO. 101, DATED APRIL 21, 1943, AT BALTIMORE, HIS OLD PERMANENT STATION, AND NOT WHILE HE WAS ON TEMPORARY DUTY AT DETROIT. IT APPEARS, THEREFORE, THAT THE CHANGE OF DUTY STATION WAS EFFECTIVE ON MAY 14, 1943, THE DATE HE ARRIVED AT THE NEW PERMANENT STATION UNDER SPECIAL ORDERS NO. 122, DATED MAY 13, 1943. ACCORDINGLY, HE IS ENTITLED TO PER DIEM WHILE HE WAS IN DETROIT FROM 8:10 A.M. ON APRIL 12, TO 5:10 P.M. ON MAY 10, 1943; TO PER DIEM FROM 5:11 P.M. ON MAY 10, 1943, TO 12 NOON ON MAY 11, AND TRAVEL EXPENSES INCURRED IN RETURNING TO BALTIMORE ON THAT DATE; AND TO PER DIEM AND TRAVELING EXPENSES INCURRED ON MAY 13 AND 14, 1943, IN TRAVELING TO THE NEW PERMANENT STATION.

THE VOUCHER MAY BE PAID IN THE PROPER AMOUNT DETERMINED IN ACCORDANCE WITH THE ABOVE.