B-147663, JUL. 23, 1962

B-147663, JUL. 23, 1962

TO ADMINISTRATOR, VETERANS ADMINISTRATION:

THIS REFERS TO THE LETTER OF MAY 24, 1962, FROM THE ASSOCIATE DIRECTOR, INFORMATION SERVICE, VETERANS ADMINISTRATION, CONCERNING THE TRAVEL AND TRANSPORTATION EXPENSES OF MR. HAROLD V. BANKS IN TRANSFERRING FROM THE DEPARTMENT OF THE AIR FORCE, OGDEN, UTAH, FOR DUTY WITH THE VETERANS ADMINISTRATION, WASHINGTON, D.C., IN NOVEMBER 1960.

BY GENERAL ACCOUNTING OFFICE NOTICE OF EXCEPTIONS NOS. 200644 AND 200645 DATED APRIL 26, 1962, EXCEPTIONS WERE TAKEN IN THE NOVEMBER 1960 AND JUNE 1961 ACCOUNTS OF J. F. CANNON, DISBURSING OFFICER IN THE AMOUNTS OF $185.60 AND $1,168.89, COVERING MR. BANKS' TRAVELING EXPENSES AND TRANSPORTATION OF HOUSEHOLD EFFECTS, RESPECTIVELY, AND WERE STATED FOR THE REASON THAT THE TRANSFER WAS MADE NOT ONLY FOR THE BENEFIT OF THE EMPLOYEE BUT WAS MADE AT HIS REQUEST AS EVIDENCED BY THE FACTS.

IN LETTER OF MAY 24, 1962, THE ASSOCIATE DIRECTOR SAYS THAT AT THE TIME MR. BANKS WAS SEEKING EMPLOYMENT WITH THE VETERANS ADMINISTRATION HE WAS ALSO SEEKING EMPLOYMENT WITH OTHER FEDERAL AGENCIES AND IN ORDER TO GET BACK INTO HIS CAREER FIELD OF INFORMATION HE WOULD HAVE ACCEPTED A POSITION ANY PLACE IN THE WORLD. THE ASSOCIATE DIRECTOR, ALSO SAYS THAT MR. BANKS WAS HIRED BECAUSE IT WOULD PRIMARILY BENEFIT THE GOVERNMENT; THAT THE FACT THAT HE DESIRED AND PREFERRED THE WASHINGTON AREA FOR PERSONAL REASONS HAD ABSOLUTELY NO BEARING ON THE DECISION TO OFFER HIM THE JOB; AND THAT IT MIGHT HAVE BEEN AN INDUCEMENT (EMPLOYMENT IN THE WASHINGTON AREA) FOR HIM TO TAKE THE JOB, BUT UNDER THE CIRCUMSTANCES, HE WOULD HAVE TAKEN A JOB ANYWHERE IN THE WORLD AS INDICATED IN AN APPLICATION FOR EMPLOYMENT WITH THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, WASHINGTON, D.D.

SECTION 1 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AUTHORIZING THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF EMPLOYEES TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER PROVIDES IN PART AS FOLLOWS:

"THAT * * * ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM * * * ONE DEPARTMENT TO ANOTHER, FOR PERMANENT DUTY, SHALL EXCEPT AS OTHERWISE PROVIDED HEREIN * * * BE ALLOWED * * * THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY * * * AND THE EXPENSES OF TRANSPORTATION * * * OF HIS HOUSEHOLD GOODS * * * THAT NO PART OF SUCH EXPENSES * * * SHALL BE ALLOWED OR PAID * * * WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE OR AT HIS REQUEST * * *.'

UNDER THE ABOVE-QUOTED STATUTE AN EMPLOYEE IS ENTITLED TO TRAVEL AND TRANSPORTATION EXPENSES WHEN TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER FOR PERMANENT DUTY WHEN A DETERMINATION IS MADE BY THE PROPER OFFICIAL THAT THE TRANSFER IS "IN THE INTEREST OF THE GOVERNMENT" EXCEPT IN THOSE CASES "WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE OR AT HIS REQUEST.'

THE RECORD SHOWS THAT WHILE MR. BANKS WAS EMPLOYED BY THE DEPARTMENT OF THE AIR FORCE AT OGDEN, UTAH, HE WROTE A LETTER DATED DECEMBER 30, 1959, TO A VETERANS ADMINISTRATION INFORMATION SERVICE REPRESENTATIVE IN THE DALLAS, TEXAS, REGIONAL OFFICE, SOLICITING A POSITION WITH THE VETERANS ADMINISTRATION INFORMATION SERVICE. EVEN AFTER MR. BANKS WAS NOTIFIED THAT A POSITION WAS NOT AVAILABLE AT THAT TIME BY SUBSEQUENT CORRESPONDENCE AND CONTACTS HE PURSUED THE MATTER FURTHER. FOR PERSONAL REASONS HE REQUESTED THAT HE BE ASSIGNED TO WASHINGTON, D.C. THERE IS ON FILE A MEMORANDUM DATED MAY 3, 1960, WHICH APPARENTLY WAS PLACED IN MR. BANKS' PERSONNEL FILE AFTER HIS VISIT TO THE OFFICE OF THE DIRECTOR, INFORMATION SERVICE, AND READS IN PART AS FOLLOWS:

"CDR. HAROLD V. BANKS - JOB APPLICANT

"1. BANKS DROPPED IN MY OFF. YSTDY. HIS SON JUST BEEN ACCEPTED AT ANNAPOLIS, AND BANKS WANTS TO LOCATE IN WASH. (HE INTERESTED ONLY IN JOB IN VACO.)

"3. NOW AT TOP OF GS-11, BUT HAS BEEN GS-13 FOR 5-YRS. (WOULD COME TO VACO AT GS-12.) (WOULD BE AVLBL WITHIN 30-DAYS.)

"6. CHK. CORRESPONDENCE RE BANKS APPLYING FOR JOB IN JNO. POLLY CORRESPONDENCE FOR JAN. -60.

MOREOVER, ON JUNE 20, 1960, MR. BANKS WROTE TO THE DIRECTOR, INFORMATION SERVICE AND STATED THAT:

"I AM SURE THAT IN YOUR SEARCH FOR THE PROPER MAN YOU WOULD NEVER FIND ANYONE WHO WANTS TO COME TO WASHINGTON AS BADLY AS I DO. MY SON HAS DEPARTED TO ENTER ANNAPOLIS ON JULY 5; MY WIFE, ONCE WE GET ESTABLISHED IN VIRGINIA OR MARYLAND, HAS EXCELLENT PROSPECTS OF GOING TO WORK FOR A TEXAS CONGRESSMAN.'

ON SEPTEMBER 7, 1960, MR. BANKS AGAIN WROTE THE VETERANS ADMINISTRATION STATING:

"WITH MRS. BANKS, MY SON AND MY DAUGHTER ALREADY PERMANENTLY DOMICILED IN THE WASHINGTON AREA, YOU MAY WELL UNDERSTAND MY DESIRE TO JOIN THEM AS QUICKLY AS YOUR REORGANIZATION CAN BE IMPLEMENTED.'

FROM THE FOREGOING WE BELIEVE IT IS EVIDENT THAT MR. BANKS VIGOROUSLY PURSUED HIS APPOINTMENT TO THE POSITION WITH THE VETERANS ADMINISTRATION IN WASHINGTON, D.C. BY MEANS OF A TRANSFER FROM HIS POSITION WITH THE AIR FORCE IN OGDEN, UTAH. WHILE MR. BANKS' TRANSFER DOUBTLESS WAS IN THE INTEREST OF THE GOVERNMENT TO SOME EXTENT, THE RECORD IS IRREFUTABLE THAT SUCH TRANSFER WAS ALSO IN THE INTEREST OF THE EMPLOYEE AND WAS MADE AND INITIATED "AT HIS REQUEST.'

IN VIEW OF THE FOREGOING WE FIND NO BASIS FOR REMOVING THE EXCEPTIONS TO THE PAYMENTS ON THE VOUCHERS HERE INVOLVED.