A-33148, OCTOBER 24, 1930, 10 COMP. GEN. 184

A-33148: Oct 24, 1930

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TRAVELING EXPENSES - DUTY EN ROUTE TO FIRST DUTY STATION WHERE AN EMPLOYEE IS DIRECTED TO REPORT TO WASHINGTON OR ELSEWHERE IN CONNECTION WITH AND INCIDENT TO FIELD WORK. HE IS ENTITLED TO SALARY AND SUBSISTENCE DURING THE PERIOD HE IS PERFORMING SUCH SERVICE AWAY FROM HIS REGULAR POST OF DUTY. HE IS NOT RELIEVED FROM THE OBLIGATION OF BEARING THE EXPENSE OF REPORTING TO HIS REGULAR STATION. SUCH EXPENSE AS THE EMPLOYEE WOULD HAVE BEEN REQUIRED TO BEAR IF NO STOP OVER HAD BEEN MADE TO PERFORM DUTY EN ROUTE. 1930: FURTHER REFERENCE IS MADE TO THE QUESTION OF ALLOWING CREDIT IN THE APRIL. SHOWS THAT ONE OF THE EMPLOYEES NAMED WAS APPOINTED ON JANUARY 13. TOGETHER WITH A NUMBER OF OTHERS ARE SHOWN TO HAVE REPORTED TO WASHINGTON FOR TEMPORARY DUTY ON MARCH 3.

A-33148, OCTOBER 24, 1930, 10 COMP. GEN. 184

TRAVELING EXPENSES - DUTY EN ROUTE TO FIRST DUTY STATION WHERE AN EMPLOYEE IS DIRECTED TO REPORT TO WASHINGTON OR ELSEWHERE IN CONNECTION WITH AND INCIDENT TO FIELD WORK, THE EXACT FIELD STATION TO BE DETERMINED AFTER RECEIVING CERTAIN INSTRUCTIONS, HE IS ENTITLED TO SALARY AND SUBSISTENCE DURING THE PERIOD HE IS PERFORMING SUCH SERVICE AWAY FROM HIS REGULAR POST OF DUTY, BUT HE IS NOT RELIEVED FROM THE OBLIGATION OF BEARING THE EXPENSE OF REPORTING TO HIS REGULAR STATION; I.E., SUCH EXPENSE AS THE EMPLOYEE WOULD HAVE BEEN REQUIRED TO BEAR IF NO STOP OVER HAD BEEN MADE TO PERFORM DUTY EN ROUTE.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, OCTOBER 24, 1930:

FURTHER REFERENCE IS MADE TO THE QUESTION OF ALLOWING CREDIT IN THE APRIL, 1930, ACCOUNT OF R. D. ALLISON, DISBURSING CLERK, DEPARTMENT OF JUSTICE, FOR PAYMENTS MADE ON 16 TRAVEL EXPENSE VOUCHERS OF SPECIAL AGENTS AND ACCOUNTANTS OF THE BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE, AS FOLLOWS: NO. 18207, GEORGE J. GROSS, SPECIAL AGENT ------- --------------- - $13.90 NO. 18213, JOHN C. HILL, SPECIAL AGENT ------- ------------------ - 4.85 NO. 18293, EMIL SMITH, SPECIAL ACCOUNTANT - ---------------------- 4.30 NO. 18294, L. D. SOCEY, SPECIAL AGENT -- ------------------------- 10.90 NO. 18418, W. E. PONDER, SPECIAL ACCOUNTANT ---------------------- 9.10 NO. 18421, R. C. REED, SPECIAL AGENT ----------------------------- 5.10 NO. 18479, MONT CLAIR SPEAR, SPECIAL AGENT ----------------------- 3.45 NO. 18612, HAL D. PRAY, SPECIAL AGENT ---------------------------- 14.25 NO. 18690, CARROLL M. REDFORD, SPECIAL AGENT --------------------- 4.65 NO. 18710, C. F. HOUGH, SPECIAL ACCOUNTANT ----------------------- 4.00 NO. 18773, A. A. MAY, SPECIAL AGENT ------------------------------ 13.69 NO. 18831, JAMES F. HYNES, SPECIAL ACCOUNTANT ------------------ - 3.50 NO. 18832, L. C. TAYLOR, SPECIAL AGENT ---------------------- ---- 4.45 NO. 18954, W. J. DEVEREUX, SPECIAL AGENT ----------------- ------- 9.65 NO. 19086, WILLIAM F. MULLIN, SPECIAL AGENT ----------- ---------- 5.30 NO. 19241, ADOLPH F. HOLM, SPECIAL AGENT ----------- ------------- 15.02

THE BUREAU OF INVESTIGATION FIELD PAY ROLL FOR MARCH, 1930, VOUCHER NO. 17535, SHOWS THAT ONE OF THE EMPLOYEES NAMED WAS APPOINTED ON JANUARY 13, 1930, AND THE OTHERS ON FEBRUARY 17, 1930, ALL AT THE SAME SALARY, AND THESE APPOINTEES, TOGETHER WITH A NUMBER OF OTHERS ARE SHOWN TO HAVE REPORTED TO WASHINGTON FOR TEMPORARY DUTY ON MARCH 3, 1930. THE 16 APPOINTEES WHOSE TRAVEL VOUCHERS ARE UNDER CONSIDERATION ARE SHOWN TO HAVE BEEN ORDERED TO FIELD DUTY STATIONS ABOUT THREE WEEKS AFTER REPORTING AT WASHINGTON, ALL LEAVING AT ABOUT THE SAME TIME.

THE DIRECTOR, BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE, REPORTED IN THIS CONNECTION UNDER DATE OF OCTOBER 7, 1930, AS FOLLOWS:

WITH RESPECT TO THE SECOND REQUEST CONTAINED IN THE LAST PARAGRAPH OF THE COMPTROLLER GENERAL'S COMMUNICATION, YOU ARE ADVISED THAT THE APPOINTEES IN QUESTION, UPON TAKING THE OATH OF OFFICE AND REPORTING FOR DUTY, WERE DETAILED TO ATTEND A TRAINING COURSE CONDUCTED BY THE BUREAU OF INVESTIGATION IN WASHINGTON. THIS COURSE COVERS INSTRUCTION IN THE ADMINISTRATIVE PROCEDURE OF THE BUREAU OF INVESTIGATION, WHICH INCLUDES A THOROUGH DISCUSSION OF THE ORGANIZATION OF THE BUREAU, ITS FUNCTIONS, ITS RULES AS TO PERSONAL CONDUCT, INVESTIGATIVE REPORT WRITING, THE FILING SYSTEM AND THE PROPER SUBMISSION OF EXPENSE ACCOUNTS. THE APPOINTEES ARE ALSO GIVEN DETAILED INSTRUCTIONS CONCERNING THE VARIOUS FEDERAL STATUTES OVER WHICH THE BUREAU HAS INVESTIGATIVE JURISDICTION. THEY ARE REQUIRED TO DO CONSIDERABLE RESEARCH WORK AND TO ANALYZE THE ELEMENTS NECESSARY TO PROVE IN ORDER TO ESTABLISH A VIOLATION UNDER EACH OF THE FEDERAL STATUTES COVERED. THEY ARE REQUIRED TO STUDY IN DETAIL THE PRINCIPAL AND PERTINENT DECISIONS AS TO THE LAW UNDER EACH STATUTE. LECTURES ARE GIVEN TO THE APPOINTEES CONCERNING THE ELEMENTS WHICH THEY MUST PROVE AND PROPERLY REPORT IN THEIR INVESTIGATIONS AS TO EACH SEPARATE STATUTE INVOLVED. THEY ARE GIVEN DETAILED PRACTICAL SUGGESTIONS AS TO THE SOURCES OF INFORMATION, METHODS TO BE PURSUED AND STEPS TO BE TAKEN IN ACTUALLY COLLECTING THE NECESSARY AND PERTINENT EVIDENCE CONCERNING EACH OF THESE VIOLATIONS. LECTURES ON THE RULES OF EVIDENCE IN THE FEDERAL COURTS ARE DELIVERED AND APPOINTEES RECEIVE FROM EXPERTS INSTRUCTIONS AND INFORMATION CONCERNING FINGERPRINT DOCUMENTS AND BALLISTICS IDENTIFICATION. UPON COMPLETION OF THE SCHOOL OF INSTRUCTION, EACH OF THE APPOINTEES IS GIVEN TRAVEL ORDERS TO PROCEED TO A BUREAU FIELD OFFICE FOR ACTUAL ASSIGNMENT.

IN CONNECTION WITH THE FOREGOING, YOU ARE ADVISED THAT THE BUREAU OF INVESTIGATION CONSIDERS THE TRAINING COURSE FOR APPOINTEES ABSOLUTELY ESSENTIAL IN ORDER TO QUALIFY THEM FOR THE INVESTIGATIVE DUTIES REQUIRED OF SPECIAL AGENTS AND SPECIAL ACCOUNTANTS IN THIS SERVICE. IT IS SUBMITTED THAT SUCH TRAINING SHOULD BE CONSIDERED AS OFFICIAL DUTY, SINCE THE INSTRUCTION IS A NECESSARY PREREQUISITE TO THE PROPER PERFORMANCE OF INVESTIGATIVE WORK. THE TRAINING AFFORDED RENDERS DETAILED INSTRUCTION IN THE FIELD TO APPOINTEES UNNECESSARY AND REPRESENTS A SAVING TO THE GOVERNMENT.

THERE APPEARS TO BE NO DOUBT THAT THESE EMPLOYEES WERE APPOINTED SOLELY FOR FIELD SERVICE, THE ACTUAL POST OF DUTY OF EACH TO BE DETERMINED AFTER RECEIVING INSTRUCTIONS IN WASHINGTON. IT IS A WELL SETTLED RULE THAT AN EMPLOYEE MUST BEAR THE EXPENSE INCURRED IN REPORTING TO THE FIRST POST OF DUTY TO WHICH APPOINTED. IT HAS BEEN HELD, HOWEVER, THAT WHEN AN EMPLOYEE IS DIRECTED TO PERFORM CERTAIN DUTY IN WASHINGTON OR ELSEWHERE IN CONNECTION WITH AND INCIDENT TO THE WORK AT THE REGULAR DUTY STATION TO WHICH APPOINTED, HE IS ENTITLED TO SALARY AND SUBSISTENCE DURING THE PERIOD PERFORMING SUCH SERVICE AWAY FROM HIS REGULAR POST OF DUTY AND TO THE NECESSARY AND PROPER ADDITIONAL TRAVEL EXPENSES, IF ANY, CAUSED SOLELY BY DEVIATION OR STOP OVER TO PERFORM OFFICIAL DUTY, BUT THAT THE PERFORMANCE OF SUCH DUTY EN ROUTE DOES NOT OPERATE TO RELIEVE SUCH PERSON OF THE OBLIGATION TO BEAR THE EXPENSE OF REPORTING AT THE REGULAR DESIGNATED POST OF DUTY. THAT IS TO SAY, SUCH EXPENSES AS THE EMPLOYEE WOULD HAVE BEEN REQUIRED TO BEAR IF NO STOP-OVER HAD BEEN MADE TO PERFORM TEMPORARY DUTY EN ROUTE, AS IN THE INSTANT CASES, MUST BE BORNE BY THE EMPLOYEE. SEE A 11338, MARCH 8, 1926; A-27194, MAY 25, 1929; 1 COMP. GEN. 426; 7 ID. 114, 203; 9 ID. 233, 359. THE ACCOUNTS WILL BE ADJUSTED ACCORDINGLY.