B-61223, NOVEMBER 5, 1946, 26 COMP. GEN. 297

B-61223: Nov 5, 1946

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PROVIDED THE EMPLOYEES WOULD HAVE BEEN ENTITLED TO SUCH TRANSPORTATION HAD THEY CONTINUED IN THE AGENCY IN WHICH THEY PREVIOUSLY WERE EMPLOYED. 1946: I HAVE YOUR LETTER OF OCTOBER 10. PROVISION IS ALSO MADE IN THE PAY READJUSTMENT ACT OF 1942. IT IS INDICATED FROM YOUR DECISIONS OF OCTOBER 18. TRANSPORTATION OF DEPENDENTS OF CIVILIAN EMPLOYEES OF THE WAR DEPARTMENT AND NAVY DEPARTMENT TO THE DUTY STATION ABROAD AND THE RETURN TRANSPORTATION OF SUCH DEPENDENTS AT THE TIME THE EMPLOYMENT CONTRACT IS COMPLETED IS AUTHORIZED WHERE SUCH EMPLOYEES WERE SENT OVERSEAS UNDER CONTRACT WITH OTHER GOVERNMENT AGENCIES OR WITH A GOVERNMENT CONTRACTOR (SUCH CONTRACTS PROVIDING FOR RETURN TRANSPORTATION TO THE UNITED STATES) OR WERE MILITARY OR NAVAL PERSONNEL DEMOBILIZED ABROAD IN ORDER TO ACCEPT SUCH CIVILIAN EMPLOYMENT.

B-61223, NOVEMBER 5, 1946, 26 COMP. GEN. 297

TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS TO OVERSEAS STATION - PERSONS RECRUITED OVERSEAS FROM OTHER AGENCIES UNDER THE PROVISIONS OF SECTION 7 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, MAKING APPROPRIATIONS AVAILABLE FOR THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF NEW APPOINTEES TO PLACE OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, TRANSPORTATION OF THE FAMILIES AND HOUSEHOLD EFFECTS OF VETERANS' ADMINISTRATION EMPLOYEES RECRUITED OVERSEAS BY TRANSFER FROM OTHER AGENCIES OR BY APPOINTMENT UPON DISCHARGE OVERSEAS FROM THE MILITARY OR NAVAL FORCES MAY BE AUTHORIZED TO THE DUTY STATION ABROAD, PROVIDED THE EMPLOYEES WOULD HAVE BEEN ENTITLED TO SUCH TRANSPORTATION HAD THEY CONTINUED IN THE AGENCY IN WHICH THEY PREVIOUSLY WERE EMPLOYED, ENLISTED OR COMMISSIONED.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, NOVEMBER 5, 1946:

I HAVE YOUR LETTER OF OCTOBER 10, 1946, AS FOLLOWS:

A QUESTION HAS ARISEN AS TO THE AUTHORITY FOR PAYMENT OF TRANSPORTATION EXPENSES FROM POINTS WITHIN THE UNITED STATES TO MANILA, PHILIPPINE ISLANDS, OF DEPENDENTS AND HOUSEHOLD GOODS AND PERSONAL EFFECTS OF PERSONS RECRUITED BY THE VETERANS' ADMINISTRATION IN THE PHILIPPINE ISLANDS FOR DUTY AT MANILA EITHER (1) BY TRANSFER FROM THE WAR OR NAVY DEPARTMENT, OR OTHER GOVERNMENT AGENCY, ON DUTY IN THE PHILIPPINES, OR (2) APPOINTMENT OF MILITARY PERSONNEL DISCHARGED IN THAT AREA FOR THE PURPOSE OF ACCEPTING EMPLOYMENT BY THE VETERANS' ADMINISTRATION AT MANILA, IN LIEU OF BEING RETURNED TO THE UNITED STATES FOR DEMOBILIZATION.

UNDER THE ACT OF JUNE 5, 1942 (56 STAT. 314, TITLE 50, U.S.C. APP., SECS. 763, 764), AS AMENDED, AUTHORITY EXISTS FOR TRANSPORTATION, UNDER CERTAIN CIRCUMSTANCES, OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MILITARY PERSONNEL AND CIVILIAN EMPLOYEES OF THE WAR DEPARTMENT APPOINTED OR TRANSFERRED FOR DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, OR IN ALASKA. SIMILAR AUTHORITY EXISTS WITH RESPECT TO CIVILIAN EMPLOYEES AND NAVAL PERSONNEL OF THE NAVAL ESTABLISHMENT UNDER THE ACT OF APRIL 9, 1943 (57 STAT. 61, TITLE 34, U.S.C., SEC. 602), AND THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1946 ( PUBLIC LAW 492, 79TH CONGRESS, JULY 8, 1946). PROVISION IS ALSO MADE IN THE PAY READJUSTMENT ACT OF 1942, AS AMENDED ( TITLE 37, U.S.C., SEC. 112), FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MILITARY PERSONNEL IN CERTAIN GRADES ORDERED TO MAKE A PERMANENT CHANGE IN STATION WHICH INCLUDES CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME IN CONNECTION WITH RETIREMENT, RELIEF FROM ACTIVE DUTY OR TRANSFER TO A RESERVE COMPONENT.

IT IS INDICATED FROM YOUR DECISIONS OF OCTOBER 18, 1943 (B-37105, 23 COMP. GEN. 280), JANUARY 3, 1946 (B-54669), AND MARCH 26, 1946 (B 54669), THAT UNDER THE ACTS OF JUNE 5, 1942 AND APRIL 9, 1943, SUPRA, AND NAVAL APPROPRIATION ACTS, TRANSPORTATION OF DEPENDENTS OF CIVILIAN EMPLOYEES OF THE WAR DEPARTMENT AND NAVY DEPARTMENT TO THE DUTY STATION ABROAD AND THE RETURN TRANSPORTATION OF SUCH DEPENDENTS AT THE TIME THE EMPLOYMENT CONTRACT IS COMPLETED IS AUTHORIZED WHERE SUCH EMPLOYEES WERE SENT OVERSEAS UNDER CONTRACT WITH OTHER GOVERNMENT AGENCIES OR WITH A GOVERNMENT CONTRACTOR (SUCH CONTRACTS PROVIDING FOR RETURN TRANSPORTATION TO THE UNITED STATES) OR WERE MILITARY OR NAVAL PERSONNEL DEMOBILIZED ABROAD IN ORDER TO ACCEPT SUCH CIVILIAN EMPLOYMENT, PROVIDED (1) THEY TRAVELED TO THE FOREIGN POST AT THE EXPENSE OF THE UNITED STATES, EITHER MEDIATELY OR IMMEDIATELY, (2) THEY TRAVELED WITH THE UNDERSTANDING THEY WOULD BE RETURNED AFTER THE COMPLETION OF THEIR ASSIGNMENT FOR WORK IN OR ON A GOVERNMENT ACTIVITY, AND (3) UPON RELIEF FROM SUCH ASSIGNMENT ON A WAR DEPARTMENT (OR NAVY DEPARTMENT) ACTIVITY, REQUEST TO BE RETURNED. WOULD LIKEWISE APPEAR THAT, IF AUTHORITY EXISTED FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF SUCH MILITARY OR NAVAL PERSONNEL OR CIVILIANS AT THE TIME THEY WERE ORIGINALLY ASSIGNED TO DUTY OVERSEAS, SUCH MILITARY OR NAVAL PERSONNEL OR CIVILIANS, UPON ENTERING INTO A CONTRACT OF EMPLOYMENT WITH THE WAR OR NAVY DEPARTMENTS, WOULD BE ENTITLED TO TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS UNDER THE ACTS AFOREMENTIONED, PARTICULARLY WHERE THEIR RIGHT TO HAVE SUCH DEPENDENTS AND/OR HOUSEHOLD EFFECTS WAS TEMPORARILY SUSPENDED, THROUGH NO FAULT ON THEIR PART, DUE TO RESTRICTIONS IMPOSED BY IMMEDIATE ACTION LETTER FROM THE ADJUTANT GENERAL'S OFFICE DATED JUNE 7, 1941. THESE RESTRICTIONS ON TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS TO OVERSEAS STATIONS UNDER THE JURISDICTION OF ARMY FORCES PACIFIC WERE ONLY RECENTLY REMOVED (AFTER MAY 1, 1946) BY WAR DEPARTMENT CIRCULAR NO. 391-IV, DECEMBER 29, 1945, AS AMENDED BY CIRCULAR NO. 101-V, APRIL 4, 1946. SEE ALSO CIRCULAR NO. 98, MARCH 30, 1946.

AN EQUITABLE SOLUTION OF THE QUESTION PRESENTED IS ESSENTIAL IN CONNECTION WITH THE RECRUITMENT PROGRAM OF THE VETERANS' ADMINISTRATION IN THE PHILIPPINE ISLANDS. WITH THE OPENING ON APRIL 18, 1945 OF A VETERANS' ADMINISTRATION OFFICE AT MANILA, FOLLOWING CESSATION OF HOSTILITIES IN THAT AREA, IT WAS FOUND TO BE MORE ADVANTAGEOUS TO RECRUIT PERSONNEL IN THE PHILIPPINES FOR DUTY THAN TO MAKE APPOINTMENTS IN CENTRAL OFFICE AND TRANSFER TO THE PHILIPPINES. SOME APPOINTMENTS MADE IN THE PHILIPPINES WERE EFFECTED THROUGH TRANSFERS OF CIVILIAN EMPLOYEES OF THE WAR DEPARTMENT ON DUTY THERE, OTHERS THROUGH ORIGINAL APPOINTMENTS OF MILITARY PERSONNEL WHO ACCEPTED THEIR DISCHARGES IN THAT AREA FOR THE PURPOSE OF ACCEPTING EMPLOYMENT IN THE MANILA OFFICE. IF THESE CIVILIAN EMPLOYEES AND MILITARY PERSONNEL HAD BEEN RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE, EMPLOYED HERE BY THE VETERANS' ADMINISTRATION, AND THEN LATER TRANSFERRED TO THE MANILA OFFICE FOR PERMANENT DUTY, IT WOULD HAVE BEEN POSSIBLE UNDER THE ACT OF OCTOBER 10, 1940 ( TITLE 5, U.S.C., SEC. 73C-1), PRIOR TO ITS REPEAL BY SECTION 2, PUBLIC LAW 600, 79TH CONGRESS, AUGUST 2, 1946, TO HAVE PAID THE TRANSPORTATION EXPENSES OF SUCH EMPLOYEES, AND THEIR DEPENDENTS AND HOUSEHOLD EFFECTS FROM POINTS WITHIN THE UNITED STATES TO THE PHILIPPINES. THIS, HOWEVER, WOULD HAVE RESULTED IN DUPLICATE EXPENSE TO THE GOVERNMENT TO THE EXTENT OF THE TRANSPORTATION OF SUCH CIVILIAN EMPLOYEES AND MILITARY PERSONNEL.

THE ACT OF AUGUST 2, 1946, SUPRA ( PUBLIC LAW 600, 79TH CONGRESS), IN SECTION 7, PROVIDES THAT APPROPRIATIONS FOR THE DEPARTMENTS, WITH CERTAIN EXCEPTIONS, SHALL BE AVAILABLE, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, FOR EXPENSES OF TRAVEL OF NEW APPOINTEES, EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES, AND EXPENSES OF TRANSPORTATION OF THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, AND FOR SUCH EXPENSES ON RETURN OF EMPLOYEES FROM THEIR POSTS OF DUTY OUTSIDE CONTINENTAL UNITED STATES TO THE PLACES OF THEIR ACTUAL RESIDENCE AT TIME OF ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES, ON CONDITION THAT SUCH NEW APPOINTEES SHALL REMAIN IN GOVERNMENT SERVICE FOR ONE YEAR. SECTION 1 OF THE ACT PROVIDES FOR THE PAYMENT OF SUCH TRANSPORTATION EXPENSES IN THE CASE OF TRANSFER OF THE EMPLOYEE FROM ONE DEPARTMENT TO ANOTHER BUT WITH THE RESTRICTION THAT NO EXPENSES ARE PAYABLE IN ANY CASE WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE AND BENEFIT OF THE EMPLOYEE OR AT HIS REQUEST, AND WITH THE FURTHER PROVISO THAT THE ALLOWANCES AUTHORIZED THEREUNDER SHALL NOT BE APPLICABLE TO CIVILIAN EMPLOYEES OF THE WAR DEPARTMENT AND THEIR DEPENDENTS WHEN TRANSFERRED UNDER THE PROVISIONS OF SECTION 3, ACT OF JUNE 5, 1942, REFERRED TO ABOVE.

THE PRESIDENTIAL REGULATIONS PROMULGATED TO EFFECTUATE THE PROVISIONS OF PUBLIC LAW 600, 79TH CONGRESS, BY EXECUTIVE ORDER NO. 9778, DATED SEPTEMBER 10, 1946, HAVE BEEN NOTED. HOWEVER, FURTHER CLARIFICATION OF THE AUTHORITY FOR TRANSPORTATION FROM POINTS WITHIN THE UNITED STATES TO THE PHILIPPINE ISLANDS OF DEPENDENTS AND HOUSEHOLD EFFECTS OF PERSONNEL RECRUITED THERE BY THE VETERANS ADMINISTRATION FOR DUTY AT MANILA, PRIOR TO JULY 4, 1946, DATE OF INDEPENDENCE OF THE PHILIPPINES, AND ON OR AFTER THAT DATE, UNDER ANY OF THE ACTS AFOREMENTIONED, IS ESSENTIAL TO A PROPER DETERMINATION OF CERTAIN QUESTIONS WHICH HAVE ARISEN IN THE FOLLOWING CLASSES OF CASES:

1. CIVILIAN EMPLOYEES OF THE WAR DEPARTMENT STATIONED IN THE PHILIPPINES, BY TRANSFER FROM THE WAR DEPARTMENT TO THE VETERANS ADMINISTRATION.

2. CIVILIAN EMPLOYEES OF THE NAVY DEPARTMENT STATIONED IN THE PHILIPPINES, BY TRANSFER FROM THE NAVY DEPARTMENT TO THE VETERANS ADMINISTRATION.

3. CIVILIAN EMPLOYEES OF ANY OTHER FEDERAL GOVERNMENT AGENCY STATIONED IN THE PHILIPPINES WHO MAY HAVE BEEN ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS UNDER LAWS GOVERNING THEIR INITIAL ASSIGNMENT TO DUTY IN THE PHILIPPINES, BY TRANSFER FROM SUCH AGENCY TO THE VETERANS ADMINISTRATION.

4. MILITARY PERSONNEL DISCHARGED IN THE PHILIPPINES AND APPOINTED BY THE VETERANS' ADMINISTRATION FOR DUTY AT MANILA, PHILIPPINE ISLANDS.

5. IT IS PREREQUISITE, UNDER ANY OF THE ACTS AFOREMENTIONED, THAT TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD EFFECTS SHALL HAVE BEEN AUTHORIZED AT THE TIME OF THE INITIAL APPOINTMENT OR ASSIGNMENT TO DUTY OF THE CIVILIAN EMPLOYEE OR MILITARY PERSONNEL TO HIS POST OF DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, OR MAY SUCH TRANSPORTATION BE AUTHORIZED AT ANY TIME DURING THE CONTRACT OF EMPLOYMENT OR SERVICE PROVIDED THE PERSON EMPLOYED, WHEN ORIGINALLY ASSIGNED TO DUTY OVERSEAS WAS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AND HOUSEHOLD EFFECTS TO HIS PLACE OF DUTY OVERSEAS?

6. IF THE PERSON RECRUITED BY THE VETERANS' ADMINISTRATION FOR EMPLOYMENT AT MANILA, PHILIPPINE ISLANDS, IS ENTITLED TO TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD EFFECTS UNDER ANY OF THE ACTS AFOREMENTIONED, IS THERE AUTHORITY FOR PAYMENT OF SUCH EXPENSES OUT OF VETERANS' ADMINISTRATION APPROPRIATIONS SUBJECT TO REIMBURSEMENT FROM THE APPROPRIATIONS OF THE DEPARTMENT CHARGEABLE THEREWITH?

IN YOUR CONSIDERATION OF THE ABOVE QUESTIONS, IT IS DESIRED TO EMPHASIZE THE FACT THAT SINCE TRANSPORTATION TO THE PHILIPPINES OF DEPENDENTS AND HOUSEHOLD EFFECTS OF CIVILIAN EMPLOYEES AND OF MILITARY PERSONNEL, WITH CERTAIN EXCEPTIONS, WAS PROHIBITED PRIOR TO MAY 1, 1946, IF ANY CHANGE IN THE STATUS OF SUCH CIVILIAN EMPLOYEES OR MILITARY PERSONNEL DURING THE PERIOD THEIR RIGHTS THERETO WERE SUSPENDED BY REASON OF THIS PROHIBITION, OR WITHIN A REASONABLE TIME THEREAFTER, IS ALLOWED TO AFFECT THEIR RIGHTS, THE APPOINTMENTS MADE BY THE VETERANS' ADMINISTRATION FOR DUTY AT MANILA, PHILIPPINE ISLANDS, WILL RESULT IN HARDSHIP TO SUCH CIVILIAN EMPLOYEES AND MILITARY PERSONNEL ALTHOUGH THEY WERE EFFECTED AT SUBSTANTIAL SAVINGS TO THE UNITED STATES GOVERNMENT.

YOUR DECISION OF SEPTEMBER 19, 1946 AND THE RESUBMISSION THEREON DATED SEPTEMBER 26, 1946 MAY HAVE A BEARING ON THE QUESTION HERE SUBMITTED.

AS THERE ARE NUMEROUS CASES PENDING IN WHICH THIS QUESTION HAS ARISEN, AN EARLY REPLY WILL BE APPRECIATED.

SECTION 7 OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 60 STAT. 808, PROVIDES AS FOLLOWS:

THE APPROPRIATIONS FOR THE DEPARTMENTS SHALL BE AVAILABLE, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, FOR EXPENSES OF TRAVEL OF NEW APPOINTEES, EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND EXPENSES OF TRANSPORTATION OF THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, AND FOR SUCH EXPENSES ON RETURN OF EMPLOYEES FROM THEIR POSTS OF DUTY OUTSIDE CONTINENTAL UNITED STATES TO THE PLACES OF THEIR ACTUAL RESIDENCE AT TIME OF ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES: PROVIDED, THAT SUCH EXPENSES SHALL NOT BE ALLOWED NEW APPOINTEES UNLESS AND UNTIL THE PERSON SELECTED FOR APPOINTMENT SHALL AGREE IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR THE TWELVE MONTHS FOLLOWING HIS APPOINTMENT, UNLESS SEPARATED FOR REASONS BEYOND HIS CONTROL. IN CASE OF A VIOLATION OF SUCH AGREEMENT ANY MONEYS EXPENDED BY THE UNITED STATES ON ACCOUNT OF SUCH TRAVEL AND TRANSPORTATION SHALL BE CONSIDERED AS A DEBT DUE BY THE INDIVIDUAL CONCERNED TO THE UNITED STATES. THIS SECTION SHALL NOT APPLY TO APPROPRIATIONS FOR THE FOREIGN SERVICE, STATE DEPARTMENT.

IN THE REFERRED-TO DECISIONS OF OCTOBER 18, 1943, 23 COMP. GEN. 280, JANUARY 3, 1946, 25 ID. 480, AND MARCH 26, 1946, 25 ID. 673, TO THE SECRETARY OF WAR AND TO THE SECRETARY OF THE NAVY, IT WAS HELD THAT THE APPLICATION OF THE SOMEWHAT SIMILAR STATUTES THERE INVOLVED WAS NOT LIMITED TO CASES WHERE THE ORIGINAL TRANSPORTATION TO DUTY STATION OUTSIDE THE UNITED STATES WAS UNDER THE SAID STATUTES BUT THAT, IRRESPECTIVE OF THEIR PRIOR AFFILIATION, IF, AT THE TIME OF THEIR EMPLOYMENT, THE GOVERNMENT WAS OBLIGATED TO RETURN THEM TO THE UNITED STATES, THEY MIGHT BE FURNISHED RETURN TRANSPORTATION TO THIS COUNTRY UPON TERMINATION OF THEIR EMPLOYMENT WITH THE DEPARTMENT, AT ITS EXPENSE. THAT IS TO SAY, WHILE THE STATUTORY PROVISION FOR THE RETURN TRANSPORTATION WAS COUPLED WITH AUTHORITY TO PAY THE COST OF TRANSPORTATION FOR THE OUTWARD JOURNEY, IN ORDER TO LIMIT THE RIGHT OF RETURN TO THOSE PERSONS WHO WENT OUT AT GOVERNMENT EXPENSE WITH CONTEMPLATION OF RETURN UPON COMPLETION OF THE INVOLVED PROJECT, IT WAS NOT CONSIDERED MATERIAL TO THAT PURPOSE WHETHER THE EMPLOYEE WHO WAS BEING RETURNED ORIGINALLY WAS TAKEN TO THE WORK SITE UNDER THE PARTICULAR STATUTORY PROVISION, AND THAT,"SINCE NO SUCH APPARENTLY PURPOSELESS LIMITATION WAS EXPRESSLY STATED," IT WOULD NOT BE IMPLIED. THE LAST-MENTIONED DECISIONS (25 COMP. GEN. 480, 673) HELD, ALSO, THAT THE NAVY DEPARTMENT COULD TRANSPORT TO A FOREIGN STATION THE DEPENDENTS OF AN EMPLOYEE WHO WAS TRANSFERRED TO THE NAVY DEPARTMENT FROM SOME OTHER FEDERAL AGENCY IN A FOREIGN COUNTRY WITHOUT HIS FIRST RETURNING TO THE UNITED STATES. SINCE THE NATURE OF THE AUTHORIZATION CONTEMPLATED BY THE SEVERAL ACTS AFFECTING THE WAR AND NAVY DEPARTMENTS DOES NOT DIFFER IN ANY ESSENTIAL RESPECT FROM THAT CONTAINED IN SECTION 7 OF THE ACT OF AUGUST 2, 1946, NO REASON IS APPARENT WHY THE RATIONALE OF THE REFERRED-TO DECISIONS IN THAT CONNECTION SHOULD NOT APPLY WITH EQUAL FORCE TO THE PRESENT MATTER. ACCORDINGLY, IN THE LIGHT OF THE FACTUAL CIRCUMSTANCES PRESENTED, IN CASES WHERE THE INVOLVED TRANSFER IS MADE PRIMARILY FOR THE BENEFIT OR CONVENIENCE OF THE GOVERNMENT (EXCEPT WHERE SUCH ACTION IS FORECLOSED BY SPECIFIC STATUTORY OR REGULATORY INHIBITION ENACTED OR PROMULGATED IN THAT CONNECTION), THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO THE TRANSPORTATION OF THE IMMEDIATE FAMILIES AND EFFECTS OF EMPLOYEES REFERRED TO IN YOUR LETTER FROM THE UNITED STATES TO THE PHILIPPINE ISLANDS AT THE EXPENSE OF THE VETERANS' ADMINISTRATION, THE SAME AS IN THE CASE OF NEW APPOINTEES OTHERWISE ENTITLED TO THE BENEFITS OF THE PROVISIONS OF SECTION 7 OF THE STATUTE, SUPRA, AND SUBJECT TO THE LIMITATIONS THEREIN PRESCRIBED, IF, AT THE TIME OF THEIR EMPLOYMENT (OR THEREAFTER, THEY WOULD HAVE BEEN ENTITLED TO SUCH TRANSPORTATION HAD THEY CONTINUED IN THE AGENCY IN WHICH EMPLOYED, ENLISTED, OR COMMISSIONED. COURSE, THERE WOULD BE NO AUTHORITY TO CHARGE THE EXPENSES OF TRANSPORTING THE FAMILIES AND EFFECTS OF THE INVOLVED EMPLOYEES TO APPROPRIATIONS OF OTHER DEPARTMENTS AFTER THEIR TRANSFER TO THE VETERANS' ADMINISTRATION.