B-44803, DECEMBER 21, 1944, 24 COMP. GEN. 472

B-44803: Dec 21, 1944

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ARE NOT AVAILABLE FOR THE EXPENSES INCURRED BY AN EMPLOYEE IN TRAVELING FROM HIS FOREIGN POST OF DUTY TO HIS LOCAL DRAFT BOARD IN THE UNITED STATES FOR INDUCTION UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 AND BACK TO HIS FOREIGN POST UPON REJECTION FOR MILITARY SERVICE. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF JAMES S. THE QUESTION FOR DETERMINATION IS WHETHER UNDER THE CIRCUMSTANCES SHOWN PAYMENT ON THE VOUCHER IS AUTHORIZED FROM APPROPRIATED FUNDS AVAILABLE TO THE FOREIGN ECONOMIC ADMINISTRATION. APPROPRIATING FUNDS FOR SALARIES AND EXPENSES OF THE BOARD OF ECONOMIC WARFARE (WHICH WERE TRANSFERRED AND MADE AVAILABLE TO THE FOREIGN ECONOMIC ADMINISTRATION BY THE PROVISIONS OF EXECUTIVE ORDER NO. 9380.

B-44803, DECEMBER 21, 1944, 24 COMP. GEN. 472

TRAVELING EXPENSES - EMPLOYEE REPORTING TO LOCAL DRAFT BOARD FROM FOREIGN STATION APPROPRIATED FUNDS AVAILABLE FOR TRAVELING EXPENSES OF EMPLOYEES ASSIGNED TO DUTY IN A FOREIGN COUNTRY, INCLUDING EXPENSES OF TRAVEL TO THE FIRST POST OF DUTY AND RETURN TO THE UNITED STATES, ARE NOT AVAILABLE FOR THE EXPENSES INCURRED BY AN EMPLOYEE IN TRAVELING FROM HIS FOREIGN POST OF DUTY TO HIS LOCAL DRAFT BOARD IN THE UNITED STATES FOR INDUCTION UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 AND BACK TO HIS FOREIGN POST UPON REJECTION FOR MILITARY SERVICE, SUCH TRAVEL BEING INCIDENT TO THE EMPLOYEE'S PERSONAL OBLIGATION AS A CITIZEN RATHER THAN AS AN EMPLOYEE OF THE UNITED STATES.

ASSISTANT COMPTROLLER GENERAL YATES TO L. L. VALENTINE, FOREIGN ECONOMIC ADMINISTRATION, DECEMBER 21, 1944:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 23, 1944, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF JAMES S. GREGG, SENIOR ADMINISTRATIVE ASSISTANT, EMPLOYED BY THE FOREIGN ECONOMIC ADMINISTRATION, FOR TRAVEL EXPENSES INCURRED IN PERFORMING TRAVEL FROM HIS OFFICIAL STATION, MEXICO D.F., MEXICO, TO SINTON, TEXAS, FOR THE PURPOSE OF REPORTING TO HIS LOCAL DRAFT BOARD FOR INDUCTION UNDER THE SELECTIVE TRAINING AND SERVICE ACT AND RETURN TO HIS STATION UPON REJECTION FOR MILITARY SERVICE.

FROM THE RECORD PRESENTED IT APPEARS THAT MR. GREGG, WHILE AT HIS STATION IN MEXICO CITY, RECEIVED NOTIFICATION FROM HIS LOCAL DRAFT BOARD AT SINTON, TEXAS, TO REPORT FOR INDUCTION THEREAT ON JANUARY 12, 1944. DEPARTED FROM MEXICO CITY ON JANUARY 2, 1944, PROCEEDING TO SINTON IN COMPLIANCE THEREWITH AND UPON EXAMINATION AND RECEIPT OF NOTICE OF REJECTION AND PERMISSION TO LEAVE THE UNITED STATES, RETURNED TO HIS POST OF DUTY AT MEXICO CITY ON JANUARY 31, 1944. THE SUBMITTED VOUCHER IN THE AMOUNT OF $201.51 REPRESENTS MR. GREGG'S CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED FOR TRANSPORTATION BY RAIL, BUS, PULLMAN CHARGES, AND FOR PER DIEM AT THE RATE OF $5 IN LIEU OF SUBSISTENCE DURING THE PERIOD JANUARY 2 TO 30, 1944. THE QUESTION FOR DETERMINATION IS WHETHER UNDER THE CIRCUMSTANCES SHOWN PAYMENT ON THE VOUCHER IS AUTHORIZED FROM APPROPRIATED FUNDS AVAILABLE TO THE FOREIGN ECONOMIC ADMINISTRATION.

TITLE I OF THE NATIONAL WAR AGENCIES APPROPRIATION ACT 1944, APPROVED JULY 12, 1943, 57 STAT. 522, APPROPRIATING FUNDS FOR SALARIES AND EXPENSES OF THE BOARD OF ECONOMIC WARFARE (WHICH WERE TRANSFERRED AND MADE AVAILABLE TO THE FOREIGN ECONOMIC ADMINISTRATION BY THE PROVISIONS OF EXECUTIVE ORDER NO. 9380, SEPTEMBER 25, 1943) PROVIDES FOR TRAVEL EXPENSES AS FOLLOWS:

* * * TRAVEL EXPENSES * * * INCLUDING * * * (4) EXPENSES OUTSIDE THE UNITED STATES WITHOUT REGARD TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED (5 U.S.C. 821), AND SECTION 901 OF THE ACT OF JUNE 29, 1936 (46 U.S.C. 1241), AND (5) WHEN SPECIFICALLY AUTHORIZED OR APPROVED BY THE EXECUTIVE DIRECTOR OF THE BOARD OR SUCH OTHER OFFICIAL AS HE MAY DESIGNATE FOR THE PURPOSE, EXPENSES OF EMPLOYEES OF THE BOARD, INCLUDING THE TRANSPORTATION OF THEIR EFFECTS (IN ACCORDANCE WITH THE ACT OF OCTOBER 10, 1940), TO THEIR FIRST POST OF DUTY IN A FOREIGN COUNTRY, OR WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, AND RETURN TO THE UNITED STATES * * *.

IN DECISION OF APRIL 11, 1944, 23 COMP. GEN 864, TO WHICH YOU REFER IN YOUR LETTER, IT WAS HELD THAT THE FUNDS PROVIDED IN THE QUOTED PROVISIONS OF THE APPROPRIATION ACT FOR THE PAYMENT OF TRAVELING EXPENSES OF EMPLOYEES OF THE FOREIGN ECONOMIC ADMINISTRATION, INCLUDING EXPENSES OF TRAVEL PERFORMED IN RETURNING FROM A FOREIGN COUNTRY TO THE UNITED STATES, MAY NOT BE REGARDED AS AVAILABLE FOR TRAVEL NOT PERFORMED ON OFFICIAL BUSINESS BUT FOR PERSONAL REASONS.

THE DUTY OF REPORTING TO A LOCAL DRAFT BOARD FOR INDUCTION INTO THE MILITARY SERVICE IS A PERSONAL OBLIGATION OF ALL CITIZENS OF DRAFT AGE REGARDLESS OF WHETHER OR NOT THEY ARE EMPLOYEES OF THE UNITED STATES. IF, BECAUSE OF THE NATURE OF HIS EMPLOYMENT, A FEDERAL EMPLOYEE'S DUTIES ARE FOR PERFORMANCE AWAY FROM THE LOCATION OF THE LOCAL DRAFT BOARD AT WHICH HE IS REGISTERED, THE REPORTING TO THE DRAFT BOARD IS HIS PERSONAL OBLIGATION AS A CITIZEN, RATHER THAN AS AN EMPLOYEE OF THE UNITED STATES, THE TRAVEL INVOLVED HAVING NO RELATION TO THE DUTIES IN CONNECTION WITH WHICH HIS TRAVELING EXPENSES ARE PAID--- WHEN TRAVELING ON OFFICIAL BUSINESS--- FROM APPROPRIATED FUNDS PROVIDED FOR THE PARTICULAR AGENCY IN WHICH EMPLOYED. ACCORDINGLY, IT MUST BE HELD THAT THE FUNDS AVAILABLE FOR TRAVEL EXPENSES OF EMPLOYEES OF THE FOREIGN ECONOMIC ADMINISTRATION ASSIGNED TO DUTY IN A FOREIGN COUNTRY MAY NOT BE CHARGED WITH THE COST OF THEIR TRAVEL EXPENSES INCIDENT TO RETURN TO THE UNITED STATES FOR INDUCTION INTO THE ARMED SERVICES AND THAT PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.

THE FOREGOING MAKES UNNECESSARY ANY ANSWERS TO THE ADDITIONAL QUESTIONS PRESENTED IN YOUR SUBMISSION.