B-49600, JUNE 14, 1945, 24 COMP. GEN. 881

B-49600, JUNE 14, 1945, 24 COMP. GEN. 881

CONSCIENTIOUS OBJECTORS ON CIVILIAN DUTY - COMPENSATION AND TRAVELING EXPENSES A PERSON ASSIGNED TO A CIVILIAN PUBLIC SERVICE CAMP AS A CONSCIENTIOUS OBJECTOR MAY NOT BE PAID COMPENSATION FOR CONSULTANT SERVICES RENDERED THE GOVERNMENT WHILE ON FURLOUGH FROM THE CAMP, EVEN THOUGH THE SERVICES WERE RENDERED UNDER A CONTRACT ENTERED INTO PRIOR TO HIS INDUCTION AS A CONSCIENTIOUS OBJECTOR. A CONSCIENTIOUS OBJECTOR WHO, WHILE ON FURLOUGH FROM THE CIVILIAN PUBLIC SERVICE CAMP TO WHICH ASSIGNED, PERFORMED TRAVEL ON GOVERNMENT BUSINESS PURSUANT TO COMPETENT ORDERS UNDER A CONTRACT FOR HIS SERVICES AS A CONSULTANT ENTERED INTO PRIOR TO THIS INDUCTION AS A CONSCIENTIOUS OBJECTOR MAY BE PAID OTHERWISE PROPER EXPENSES OF THE TRAVEL SO PERFORMED. 24 COMP. GEN. 645, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO HAZEL Q. SMITH, DEPARTMENT OF COMMERCE, JUNE 14, 1945:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 7, 1945, AS FOLLOWS:

THERE ARE FORWARDED HEREWITH EXPENSE VOUCHER FOR $21.00 AND TIME SHEET FOR THE MONTH OF MARCH FOR $75.00, SUBMITTED BY GEORGE H. WATSON, UNDER CONTRACT NO. CCA-23969, WHICH IS ON FILE IN YOUR OFFICE.

AFTER ENTERING INTO THE CONTRACT, MR. WATSON WAS ASSIGNED TO CIVILIAN PUBLIC SERVICE CAMP NO. 46 AS A CONSCIENTIOUS OBJECTOR AND WAS CALLED FROM THE CAMP FOR THE MEETING FOR WHICH THESE EXPENSES WERE INCURRED.

WHILE I AM AWARE OF YOUR DECISIONS NOS. B-40965 AND B-33825, RELATIVE TO PAYMENTS TO CONSCIENTIOUS OBJECTORS, I DO NOT BELIEVE THAT THEY COVER THIS CASE IN VIEW OF THE FACT THAT THE CONTRACT WAS EXECUTED PRIOR TO HIS INDUCTION.

IT IS THEREFORE RESPECTFULLY REQUESTED THAT YOU ADVISE WHETHER OR NOT THE SALARY AND EXPENSES CAN BE PAID AS CLAIMED. * THE CONTRACT WITH MR. WATSON--- ENTERED INTO NOVEMBER 9, 1944--- PROVIDED FOR THE PERFORMANCE BY THE CONTRACTOR OF CERTAIN WORK AS A TAX CONSULTANT TO THE CIVIL AERONAUTICS BOARD IN WASHINGTON, D.C., OR ELSEWHERE AS DIRECTED, ON MATTERS PERTAINING TO THE TAXATION OF AIR CARRIERS AND IN THE DEVELOPMENT OF RECOMMENDATIONS AS TO MEANS FOR ELIMINATING MULTIPLE TAXATION OF AIR CARRIERS. PROVISION WAS MADE FOR PAYMENT TO THE CONTRACTOR AT THE RATE OF $25 FOR EACH DAY OF ACTUAL EMPLOYMENT NOT LESS THAN EIGHT HOURS, INCLUDING TIME SPENT IN TRAVEL AWAY FROM CHICAGO, ILLINOIS, AND FOR REIMBURSEMENT FOR TRAVEL EXPENSES IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND $6 PER DIEM IN LIEU OF SUBSISTENCE.

THE VOUCHER SUBMITTED COVERS CLAIM OF MR. WATSON FOR $21 PER DIEM AT THE RATE OF $6 INCIDENT TO TRAVEL FROM ELMIRA, NEW YORK, TO WASHINGTON, D.C., AND RETURN, DURING THE PERIOD MARCH 21 TO 25, 1945, FOR WHICH GOVERNMENT TRANSPORTATION REQUESTS WERE UTILIZED. THE TRAVEL WAS PERFORMED UNDER TRAVEL ORDER DATED MARCH 14, 1945, WHICH DIRECTED THE CLAIMANT TO PROCEED FROM CHICAGO, ILLINOIS, TO WASHINGTON, D.C., TO ASSIST THE CIVIL AERONAUTICS BOARD IN DEVELOPING RECOMMENDATIONS FOR ELIMINATING MULTIPLE TAXATION OF AIR CARRIERS. ATTACHED TO THE TRAVEL VOUCHER IS A TIME SHEET PREPARED IN TRIPLICATE COVERING COMPENSATION FOR SERVICE RENDERED BY THE CLAIMANT MARCH 22 TO 24, 1945, INCLUSIVE. WHILE THE TIME SHEET WAS NOT SUBMITTED WITH A PROPERLY PREPARED PAY ROLL VOUCHER IT APPEARS THAT SUFFICIENT INFORMATION IN THE MATTER HAS BEEN PRESENTED TO WARRANT A DECISION UPON THE BASIS OF YOUR REQUEST.

THE APPROPRIATION TITLE SHOWN ON THE TRAVEL VOUCHER IS " SALARIES AND EXPENSES, CIVIL AERONAUTICS BOARD, 1945," AND THE DEPARTMENT OF COMMERCE APPROPRIATION ACT, 1945, 58 STAT. 419, UNDER SUCH HEADING, PROVIDES:

FOR NECESSARY EXPENSES OF THE CIVIL AERONAUTICS BOARD, INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA; TRAVELING EXPENSES * * * TEMPORARY EMPLOYMENT OF * * * CONSULTANTS * * * ON A CONTRACT OR FEE BASIS * * *.

IT APPEARS THAT THE CLAIMANT HERE INVOLVED WAS FURLOUGHED FROM THE CIVILIAN PUBLIC SERVICE CAMP TO PERMIT HIM TO RESPOND TO THE CALL OF THE CIVIL AERONAUTICS BOARD FOR HIM TO ATTEND THE MEETING FOR WHICH THE EXPENSES WERE INCURRED AND THAT HE WAS NOT, DURING THE PERIOD IN QUESTION, ON DETAIL UNDER ASSIGNMENT BY THE DIRECTOR OF SELECTIVE SERVICE--- WHO IS THE OFFICIAL CHARGED WITH THE DUTY AND RESPONSIBILITY OF MAKING THE NECESSARY ASSIGNMENTS OF CONSCIENTIOUS OBJECTORS TO "WORK OF NATIONAL IMPORTANCE UNDER CIVILIAN DIRECTION" AND OF HAVING THE GENERAL SUPERVISION AND CONTROL OVER SUCH WORK UNDER EXECUTIVE ORDER NO. 8675 ISSUED PURSUANT TO THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 885.

IN DECISION OF MARCH 3, 1945, B-47699, 24 COMP. GEN. 645, A COPY OF WHICH IS ENCLOSED, THERE WAS ANSWERED IN THE NEGATIVE THE QUESTION WHETHER A CONSCIENTIOUS OBJECTOR COULD BE PAID COMPENSATION FOR SERVICES RENDERED FOR THE GOVERNMENT UNDER A CIVILIAN EMPLOYMENT DURING FURLOUGH FROM HIS CAMP. THE RULE THERE STATED IS APPLICABLE HERE TO DENY PAYMENT OF COMPENSATION TO MR. WATSON UNDER HIS CONTRACT NOTWITHSTANDING THE FACT THAT THE CONTRACT WAS ENTERED INTO PRIOR TO THE TIME HE WAS INDUCTED AS A CONSCIENTIOUS OBJECTOR. HOWEVER, THAT DECISION GAVE NO CONSIDERATION TO THE ADDITIONAL QUESTION HERE INVOLVED WHETHER TRAVELING EXPENSES INCURRED BY THE CONSCIENTIOUS OBJECTOR AT THE REQUEST OF THE UNITED STATES MAY BE REIMBURSED. THE TRAVEL IN THIS CASE WAS PERFORMED PURSUANT TO A TRAVEL ORDER ISSUED BY WHAT APPEARED TO BE COMPETENT ADMINISTRATIVE AUTHORITY FOR THE PERFORMANCE OF THE GOVERNMENT'S BUSINESS IN ACCORDANCE WITH HIS CONTRACT. IF MR. WATSON HAD TRAVELED AS A CONSCIENTIOUS OBJECTOR ON WORK OF NATIONAL IMPORTANCE, HE WOULD HAVE BEEN FURNISHED TRANSPORTATION IN KIND, OR OTHERWISE, AT THE EXPENSE OF THE GOVERNMENT. THAT IS, HE WOULD NOT HAVE BEEN EXPECTED TO PAY HIS OWN TRAVELING EXPENSES. HENCE, IN THE INSTANT CASE, AS MR. WATSON TRAVELED PURSUANT TO A TRAVEL ORDER ISSUED IN GOOD FAITH UNDER HIS CONTRACT WITH THE CIVIL AERONAUTICS BOARD FOR TRAVEL ON THE BUSINESS OF THE GOVERNMENT, HE MAY NOT NOW BE REQUIRED TO BEAR THE EXPENSE OF SUCH TRAVEL. ACCORDINGLY, THE SUBMITTED VOUCHER FOR TRAVELING EXPENSES, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT.