B-55900, MAY 2, 1946, 25 COMP. GEN. 742

B-55900, MAY 2, 1946, 25 COMP. GEN. 742

TRANSPORTATION OF HOUSEHOLD EFFECTS - SHIPMENT IN ANTICIPATION OF RESTORATION UPON EXPIRATION OF MILITARY TERMINAL LEAVE AN EMPLOYEE WHO, PRIOR TO ACTUAL RESTORATION TO DUTY AFTER MILITARY SERVICE BUT IN ANTICIPATION OF RESTORATION AT A NEW OFFICIAL STATION UPON THE EXPIRATION OF HIS MILITARY TERMINAL LEAVE, AND WITH KNOWLEDGE OF AN AUTHORIZATION FOR SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM HIS OLD STATION TO THE NEW EFFECTIVE ON THE DATE OF HIS RESTORATION, SHIPPED HIS HOUSEHOLD EFFECTS TO THE NEW STATION IS ENTITLED, UPON ACTUAL RESTORATION THEREAT, TO REIMBURSEMENT OF OTHERWISE PROPER EXPENSES OF SUCH SHIPMENTS. 23 COMP. GEN. 32, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO BEN A. GUDERIAN, DEPARTMENT OF AGRICULTURE MAY 2, 1946:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 29, 1946, AS FOLLOWS:

THE ATTACHED BUREAU VOUCHER NO. 11493 IN FAVOR OF TALLMADGE HAMILTON, JR., IN THE AMOUNT OF $126.69 COVERING THE MOVEMENT OF HOUSEHOLD GOODS INCIDENT TO A TRANSFER OF OFFICIAL HEADQUARTERS HAS BEEN PRESENTED TO ME FOR CERTIFICATION.

AT THE TIME OF MR. HAMILTON'S ENTRANCE INTO THE ARMED FORCES HE WAS AN EMPLOYEE HE REGIONAL OFFICE OF THE SOIL CONSERVATION SERVICE LOCATED AT SPOKANE, WASHINGTON. DURING THE TIME HE WAS IN THE ARMED FORCES THE REGIONAL OFFICE WAS MOVED FROM SPOKANE, WASHINGTON, TO PORTLAND, OREGON, BUT HIS OFFICIAL HEADQUARTERS REMAINED AT SPOKANE, WASHINGTON.

DURING THE FIRST WEEK OF SEPTEMBER 1945, MR. HAMILTON VISITED THE REGIONAL OFFICE AT PORTLAND, OREGON; ADVISING THE CHIEF, REGIONAL PERSONNEL MANAGEMENT DIVISION, THAT HE HAD BEEN RELEASED FROM ACTIVE DUTY AND PLACED ON TERMINAL LEAVE FROM THE ARMED FORCES. HE ALSO MADE APPLICATION FOR REEMPLOYMENT WITH THE SOIL CONSERVATION SERVICE.

MR. HAMILTON MET TWO OF THE STATUTORY REQUIREMENTS (DESIGNATED AS (2) AND (3) IN THE STATUTE) OF SECTION 8 (B) OF THE SELECTIVE TRAINING AND SERVICE ACT. IN LIEU OF THE STATUTORY REQUIREMENT DESIGNATED AS (1)HE FURNISHED SPECIAL ORDERS FROM THE ARMY WHICH SHOW, IN ADDITION TO OTHER PERTINENT INFORMATION, THE DATE HE IS TO BE PLACED ON TERMINAL LEAVE, THE NUMBER OF DAYS LEAVE DUE HIM AND THE DATE HE IS TO BE DISCHARGED OR REVERT TO AN INACTIVE OR NATIONAL GUARD STATUS. THESE ORDERS DO NOT STATE WHETHER THE SERVICE WAS HONORABLE OR OTHERWISE. ON THE BASIS OF THIS AND THE FACT THAT, HE POSSESSED REEMPLOYMENT RIGHTS WITH THE SERVICE, HE WAS ADVISED BY THE CHIEF, REGIONAL PERSONNEL MANAGEMENT DIVISION, THAT HE WOULD BE RESTORED TO DUTY ON JANUARY 7, 1946, THE FIRST WORK DAY FOLLOWING THE EXPIRATION OF HIS TERMINAL LEAVE FROM THE ARMED FORCES. UPON THE REQUEST OF THE PERSONNEL MANAGEMENT DIVISION, AUTHORIZATION NO. 7-228-46 WAS ISSUED ON OCTOBER 30, 1945, AUTHORIZING THE TRANSFER OF OFFICIAL HEADQUARTERS FROM SPOKANE, WASHINGTON TO PORTLAND, OREGON, EFFECTIVE ON JANUARY 7, 1946. THE MOVEMENT OF HIS HOUSEHOLD GOODS BETWEEN THESE POINTS WAS ALSO INCLUDED IN THIS AUTHORIZATION, A COPY OF WHICH IS MADE A PART OF THE ATTACHED VOUCHER.

ON NOVEMBER 21, 1945, MR. HAMILTON HAD HIS HOUSEHOLD GOODS MOVED FROM SPOKANE, WASHINGTON, TO PORTLAND, OREGON, AND MADE PAYMENT TO THE MOVING COMPANY. THE RATE CHARGED IS IN ACCORDANCE WITH THE LOW BID RECEIVED AS A RESULT OF INVITATION TO BID NO. 7-1298 ISSUED BY OUR REGIONAL ADMINISTRATIVE SERVICES DIVISION. HE IS NOW CLAIMING REIMBURSEMENT FOR THESE EXPENSES. YOUR ATTENTION IS DIRECTED TO THE STATEMENT OF FACTS APPEARING IN THE BODY OF THIS VOUCHER.

IN YOUR DECISION B-35527, DATED JULY 16, 1943, (23 COMP. GEN. 32) COVERING A SOMEWHAT SIMILAR CASE IT WAS HELD THAT THE "EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE" WITHIN THE MEANING OF THE REGULATION, WOULD BE THE DATE THE TRANSFER OF THE EMPLOYEE IS CONSUMMATED BY HIS ENTRANCE UPON DUTY AT HIS NEW HEADQUARTERS, UPON HIS REEMPLOYMENT IN A CIVILIAN POSITION WITHIN 40 DAYS AFTER HONORABLE DISCHARGE FROM THE MILITARY SERVICE IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED BY STATUTE. IN THE SYNOPSIS OF THIS DECISION IT IS STATED THAT A CIVILIAN EMPLOYEE WHOSE OFFICIAL STATION WAS CHANGED BY A PAPER TRANSFER WHILE HE WAS ON ACTIVE MILITARY DUTY MAY NOT, UPON REEMPLOYMENT IN HIS CIVILIAN POSITION AND ENTRANCE ON DUTY AT THE NEW STATION, BE REIMBURSED FOR EXPENSES INCURRED IN TRANSPORTING HIS HOUSEHOLD GOODS TO THE NEW STATION PRIOR TO SUCH REEMPLOYMENT AND ENTRANCE ON DUTY. IN VIEW OF THIS DECISION NO CONTRACT WAS AWARDED IN CONNECTION WITH BID INVITATION NO. 7-1298.

SINCE MR. HAMILTON WAS NOT ON ACTIVE MILITARY DUTY BUT ON TERMINAL LEAVE FROM THE ARMED FORCES AT THE TIME HIS HOUSEHOLD GOODS WERE MOVED, THERE IS A QUESTION IN MY MIND WHETHER THE ABOVE REFERENCED DECISION WOULD BE APPLICABLE IN THIS CASE. THEREFORE, IT WOULD BE APPRECIATED IF YOU WOULD ADVISE ME WHETHER I MAY LEGALLY CERTIFY THIS VOUCHER FOR PAYMENT.

FOR YOUR INFORMATION, MR. HAMILTON RECEIVED AN HONORABLE DISCHARGE AT THE EXPIRATION OF HIS TERMINAL LEAVE AND A COPY OF SUCH HAS BEEN FURNISHED THE BUREAU.

THE DECISION OF JULY 16, 1943, B-35527 (23 COMP. GEN. 32), REFERRED TO IN YOUR LETTER, RELATES TO CHANGE IN OFFICIAL STATION AUTHORIZED IN ABSENTIA WHILE THE EMPLOYEE WAS IN ACTIVE MILITARY SERVICE, AND IN THAT CASE IT PROPERLY WAS HELD THAT "THERE IS NO REASONABLE BASIS FOR APPLYING THE LAW AND REGULATION TO AUTHORIZE THE TRANSPORTATION OF HOUSEHOLD GOODS, INCIDENT TO A PAPER TRANSFER OF OFFICIAL STATIONS MADE SOLELY FOR THE PURPOSE OF THE ADMINISTRATIVE RECORD OF AN EMPLOYEE WHO HAS LEFT HIS CIVILIAN POSITION AND HAS ENTERED THE ACTIVE MILITARY SERVICE.'

IN THE INSTANT CASE, HOWEVER, THE ORDER ISSUED ON OCTOBER 30, 1945, AUTHORIZING THE TRANSFER OF OFFICIAL HEADQUARTERS FROM SPOKANE, WASHINGTON, TO PORTLAND, OREGON, WAS NOT A MERE PAPER TRANSACTION BUT CONTEMPLATED THE ACTUAL TRANSFER OF MR. HAMILTON ON OR AFTER ITS EFFECTIVE DATE, JANUARY 7, 1946. EXCEPT FOR THE DUAL COMPENSATION STATUTES THEN APPLICABLE THE EFFECTIVE DATE OF THE TRANSFER DOUBTLESS WOULD HAVE BEEN ACCELERATED. SEE PUBLIC LAW 226, APPROVED NOVEMBER 21, 1945, 59 STAT. 584. WHILE IT IS TRUE THAT THE EMPLOYEE TRANSPORTED HIS HOUSEHOLD EFFECTS ON NOVEMBER 21, 1945, PRIOR TO HIS ACTUAL RESTORATION TO THE ROLLS AND PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER, HE WAS IN FACT RESTORED TO DUTY ON JANUARY 7, 1946, AND ON THAT DATE BECAME ENTITLED TO HAVE HIS HOUSEHOLD EFFECTS TRANSPORTED TO HIS NEW STATION AT GOVERNMENT EXPENSE WITHIN THE PRESCRIBED TIME LIMITATION, ETC. ACCORDINGLY, THE EMPLOYEE HAVING SHIPPED HIS HOUSEHOLD GOODS IN ANTICIPATION OF HIS RESTORATION AND WITH KNOWLEDGE OF THE AUTHORIZATION FOR SUCH SHIPMENT EFFECTIVE ON THE DATE HE WAS TO BE RESTORED, AND THE SHIPMENT OF HIS HOUSEHOLD EFFECTS HAVING A DEFINITE RELATION TO HIS TRANSFER OF STATION, THE VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT. CF. 24 COMP. GEN. 558.