A-14597, JULY 31, 1926, 6 COMP. GEN. 92

A-14597, JULY 31, 1926, 6 COMP. GEN. 92

TRAVELING EXPENSES - TRANSFERS BETWEEN DUTY STATIONS CHANGES IN HEADQUARTERS OF EMPLOYEES OF THE VETERANS' BUREAU, OTHER THAN PHYSICIANS, DENTISTS, AND NURSES EXCEPTED BY THE PROVISION IN THE ACT OF APRIL 22, 1926, 44 STAT. 319, UNDER CIRCUMSTANCES CONSTITUTING A DISCHARGE AND REAPPOINTMENT DO NOT ENTITLE SUCH EMPLOYEES TO REIMBURSEMENT OF TRAVELING EXPENSES, IT BEING THE DUTY OF THE EMPLOYEES GENERALLY TO PLACE THEMSELVES AT THEIR OWN EXPENSE AT THEIR FIRST DUTY STATION UNDER EACH APPOINTMENT.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, JULY 31, 1926:

I HAVE YOUR LETTER OF JULY 8, 1926, AS FOLLOWS:

THERE IS AN UNCERTAINTY EXISTING IN THIS BUREAU AS TO THE SCOPE OF APPLICATION THAT IS INTENDED TO OBTAIN IN CONNECTION WITH YOUR DECISION, A -14597, DATED JUNE 25, 1926. IT WOULD APPEAR THAT A FAILURE HAS BEEN MADE TO PLACE BEFORE YOU ALL FACTS AND SURROUNDING CIRCUMSTANCES IN THE CASE OF MISS ADELAIDE CURELY.

BRIEFLY THE FACTS ARE AS FOLLOWS:

THE UNITED STATES VETERANS' HOSPITAL AT ASPINWALL, PENNSYLVANIA, WAS OFFICIALLY OPENED FOR THE RECEPTION OF PATIENTS ON OCTOBER 15, 1925, AND IT BECAME NECESSARY TO STAFF THAT INSTITUTION. WHILE MANY OF THE EMPLOYEES, AND ESPECIALLY THOSE HOLDING NONTECHNICAL POSITIONS, WERE AVAILABLE LOCALLY, IT WAS NECESSARY TO HAVE AT LEAST A NUCLEUS PERSONNEL FAMILIAR WITH BUREAU PROCEDURE AND GOVERNMENTAL OPERATIONS IN GENERAL, TO FORM THE BASIS OF THE ORGANIZATION. A MERE DETAIL OF EMPLOYEES FOR A SHORT PERIOD OF TIME WOULD NOT BE SUFFICIENT TO ALLOW THEIR TRAINING OF OTHERS WITHIN A REASONABLE TIME; SO IT BECAME NECESSARY TO TRANSFER TRAINED PERSONNEL FROM STATIONS ALREADY OPERATING TO THIS NEW HOSPITAL UNIT.

A GREAT MANY OF THE EMPLOYEES OF THIS BUREAU ARE OF A PROFESSIONAL OR QUASI PROFESSIONAL GRADE, REQUIRING PARTICULAR EDUCATION AND SPECIAL EXPERIENCE. MUCH OF THE EXPERIENCE ESSENTIAL CAN ONLY BE OBTAINED IN THE VETERANS' BUREAU, AND WOULD NOT BE POSSESSED EXCEPT BY AN EMPLOYEE WHO HAD WORKED IN THE BUREAU FOR A CONSIDERABLE PERIOD. FOR THIS REASON I HAVE CONSIDERED EMPLOYEES HAVING THE ABOVE-MENTIONED QUALIFICATIONS, AND COMING WITHIN THE DESCRIPTION AS OUTLINED, AS BEING IN THE FIELD SERVICE GENERALLY AND SUBJECT TO ORDER OF THE DIRECTOR ACCORDING TO THE NEEDS OF THE SERVICE. IN FACT, SO DRASTICALLY HAS THE RULE BEEN APPLIED THAT AN EMPLOYEE MUST SUBORDINATE PERSONAL DESIRES FOR A PARTICULAR GEOGRAPHICAL LOCATION TO THE NEEDS OF THE SERVICE, THAT IN MANY CASES THE BUREAU HAS RESORTED TO OFFERING THE ALTERNATIVE OF DISMISSAL.

ANOTHER POINT WORTHY OF CONSIDERATION IS THE FACT THAT CERTAIN STATIONS OF THE BUREAU ARE CONSIDERED FROM THE EMPLOYEES' PERSONAL STANDPOINT TO BE UNDESIRABLE, SO THAT IT HAS BEEN ARRANGED TO PROVIDE CERTAIN TOURS OF DUTY PERIODICALLY TO THESE LESS DESIRABLE STATIONS.

THE VERY NATURE OF THE WORK OF THIS BUREAU HAS NECESSITATED THE DECENTRALIZATION OF BY FAR THE GREATER PART OF ITS FUNCTIONS TO THE FIELD, SO THAT THE PRINCIPAL DUTIES TO BE CARRIED ON IN WASHINGTON ARE THOSE OF FIELD CONTROL AND FIELD PLANNING. THIS MAKES IT ESSENTIAL THAT THERE BE A CERTAIN INTERCHANGE OF PERSONNEL BETWEEN THE CENTRAL OFFICE AND THE FIELD STATIONS, IN ORDER THAT THE FIELD PROBLEMS MAY BE FRESH IN THE MINDS OF THOSE OPERATING IN CENTRAL OFFICE AND THAT THE CENTRAL OFFICE POLICIES BE FRESH IN THE MINDS OF THOSE FUNCTIONING IN THE FIELD.

IT SEEMS THEREFORE THAT THE BUREAU, AT LEAST THOSE PERSONS ENGAGED UPON TECHNICAL WORK, MIGHT BE CONSIDERED AS IN THE FIELD SERVICE GENERALLY, AND THEREFORE COME WITHIN THE PROVISION OF THE NEXT TO LAST PARAGRAPH OF YOUR DECISION. HOWEVER, I WANT TO BE SURE THAT YOUR DECISION IS SUSCEPTIBLE IN YOUR MIND TO THE INTERPRETATION THAT I HAVE PLACED UPON IT, AND I WOULD THEREFORE RESPECTFULLY REQUEST YOUR FURTHER ADVICES AS TO YOUR VIEWS.

THE FACT THAT IT MAY BE FOUND NECESSARY OR DESIRABLE TO TRANSFER EMPLOYEES FROM ONE DUTY STATION TO ANOTHER FROM TIME TO TIME DOES NOT NECESSARILY CONSTITUTE THE APPOINTMENTS OF SUCH EMPLOYEES' APPOINTMENTS "FOR FIELD SERVICE GENERALLY," SUCH AS WOULD ENTITLE THEM TO REIMBURSEMENT OF EXPENSES INCURRED IN TRAVELING BETWEEN STATIONS. IF EMPLOYEES ARE APPOINTED FOR DUTY AT A PARTICULAR PLACE OR WITHIN A PARTICULAR DISTRICT THEIR DESIGNATED HEADQUARTERS OR DUTY STATION IS THAT PLACE OR THAT DISTRICT AND WHEN IT BECOMES NECESSARY TO MOVE OR TRANSFER THEM FOR DUTY (OTHER THAN TEMPORARY) AT ANOTHER PLACE OR WITHIN ANOTHER DISTRICT, AND PARTICULARLY WHERE, AS IN THE CASE OF MISS CURLEY, A NEW APPOINTMENT IS GIVEN AND A NEW OATH OF OFFICE IS REQUIRED, THE TRANSFER CONSTITUTES IN FACT A DISCHARGE AND APPOINTMENT TO A NEW POSITION, AND THE EMPLOYEES MUST PLACE THEMSELVES AT THEIR NEW DUTY STATION AT THEIR OWN EXPENSE. 5 COMP. GEN. 468. THE TRAVEL ORDERS ISSUED TO MISS CURLEY INDICATED THAT SHE HAD BEEN APPOINTED FOR DUTY AT THE UNITED STATES VETERANS' HOSPITAL AT PHILADELPHIA, PA., AND THAT HER RELIEF FROM DUTY AT THAT PLACE AND ASSIGNMENT TO DUTY AT ASPINWALL, PA., "SUBJECT TO TAKING THE OATH OF OFFICE," WAS IN FACT A NEW APPOINTMENT FOR DUTY AT A DIFFERENT PLACE. THERE ARE NO FACTS STATED IN YOUR PRESENT SUBMISSION THAT WARRANT ANY CHANGE IN THIS CONCLUSION.

YOUR SUBMISSION SUGGESTS BROADLY THAT THE VETERANS' BUREAU BE CONSIDERED A FIELD SERVICE WITH THE RIGHT TO TRANSFER OR ASSIGN OR DETAIL AT THE EXPENSE OF THE UNITED STATES ANY OF THE EMPLOYEES TO ANY PLACE WHERE THE BUREAU MAINTAINS AN OFFICE, HOSPITAL, OR OTHER AGENCY. THIS PROPOSITION MUST BE NEGATIVED. POSITIONS IN THE GOVERNMENT SERVICE WHICH MAY BE CLASSED AS FIELD SERVICE POSITIONS UNDER WHICH THE HOLDER OF THE POSITION MAY BE PLACED ANYWHERE AT THE EXPENSE OF THE UNITED STATES. THE GENERAL RULE IS THAT AN EMPLOYEE, WHETHER ORIGINALLY APPOINTED OR ALREADY IN THE SERVICE OF THE GOVERNMENT, APPOINTED FOR DUTY AT ANOTHER PLACE, MUST PLACE HIMSELF THERE AT HIS OWN EXPENSE. ONLY THOSE EMPLOYED FOR AND ACTUALLY ENGAGED UPON FIELD WORK AND WHOSE EMPLOYMENT AND DUTIES CLEARLY CONTEMPLATE SERVICE IN DIFFERENT PLACES AS THE NEEDS MAY REQUIRE, MAY LAWFULLY BE SHIFTED FROM PLACE TO PLACE IN SUCH WORK AT THE EXPENSE OF THE UNITED STATES. IT IS NOT A MATTER OF ADMINISTRATIVE CONVENIENCE OR DISCRETION BUT IS NECESSARILY CONTROLLED BY THE CHARACTER OF THE DUTIES AND THE TERMS OF THE EMPLOYMENT. THE RECORDS SHOW THAT IN THE SERVICE OF THE VETERANS' BUREAU A LIBRARIAN, AN ASSISTANT LIBRARIAN, A PAINTER'S HELPER, AN ASSISTANT PROPERTY CUSTODIAN, A BUSINESS EXECUTIVE, AND A TEACHER IN COMMERCIAL ART WERE AMONG THOSE TRANSFERRED FROM ONE PLACE TO ANOTHER AT THE EXPENSE OF THE UNITED STATES. THIS CLASS OF EMPLOYEES MAY NOT GENERALLY BE CONSIDERED AS IN A FIELD SERVICE. LIKEWISE, EMPLOYEES CONNECTED WITH A PARTICULAR OFFICE AT A PARTICULAR PLACE SUCH AS REGIONAL DIRECTORS, ATTORNEYS, OR CLAIMS EXAMINERS ARE OF THE ADMINISTRATIVE CLASS AND IF THEY DESIRE APPOINTMENT AT ANOTHER PLACE IT IS AN APPOINTMENT TO A NEW POSITION IN WHATEVER CAPACITY AT SUCH OTHER PLACE, REQUIRING THAT SUCH EMPLOYEE PUT HIMSELF AT THE NEW PLACE OF EMPLOYMENT AT HIS OWN EXPENSE AND NOT AT THE EXPENSE OF THE UNITED STATES.

THERE IS A QUESTION WHETHER MEDICAL OFFICERS AND NURSES MAY PROPERLY BE CLASSED AS IN A FIELD SERVICE. HAVING REGARD TO THE FACT THAT SUCH SERVICE IS USUALLY IN HOSPITALS ESTABLISHED AT PARTICULAR PLACES AND IS NOT A SERVICE OF A MOVING KIND LIKE MILITARY SERVICE, IT WOULD SEEM DOUBTFUL THAT SUCH CLASSES SHOULD BE TREATED AS SUBJECT TO ASSIGNMENT TO DUTY AT ANY PLACE IN THE FIELD ENTITLING TRAVEL TO BE PAID AT THE EXPENSE OF THE UNITED STATES. HOWEVER, IN VIEW OF THE PROVISION IN THE ACT OF APRIL 22, 1926, 44 STAT. 319, TO THE EFFECT THAT "PHYSICIANS,DENTISTS, AND NURSES OF THE MEDICAL SERVICE OF THE UNITED STATES VETERANS' BUREAU" WHEN "TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, MAY BE ALLOWED," UNDER CERTAIN CONDITIONS AND SUBJECT TO CERTAIN LIMITATIONS, EXPENSES INCIDENT TO THE TRANSPORTATION OF THEIR EFFECTS, NO FURTHER QUESTION AS TO THIS MEDICAL CLASS WILL BE RAISED. AS TO THE OTHER CLASS I AM CONSTRAINED TO THE VIEW THAT THE TRANSFERS, DETAILS, OR ASSIGNMENTS IN THE SENSE OF A CHANGE OF POSITION AT THE EXPENSE OF THE UNITED STATES THAT HAS HERETOFORE MAINTAINED, SHOULD BE DISCONTINUED. CREDITS IN THE ACCOUNTS WILL BE ALLOWED, INCLUDING THE ITEM AS TO MISS CURLEY, IN ACCORDANCE HEREWITH. OTHERWISE THE DECISION OF JUNE 25, 1926, 5 COMP. GEN. 1025, IS AFFIRMED.