B-53543, DECEMBER 21, 1945, 25 COMP. GEN. 461

B-53543, DECEMBER 21, 1945, 25 COMP. GEN. 461

TRAVELING EXPENSES - RECALL TO OLD STATION PRIOR TO COMPLETION OF TRAVEL TO NEW STATION AN AMENDATORY TRAVEL ORDER DIRECTING AN EMPLOYEE, WHO WAS AT A TEMPORARY DUTY STATION UNDER ORDERS AUTHORIZING TEMPORARY DUTY EN ROUTE TO HIS NEW STATION, TO RETURN TO HIS FORMER HEADQUARTERS FOR FURTHER DUTY AND THENCE TO THE NEW STATION MAY BE CONSTRUED ONLY AS A SUSPENSION OR CANCELLATION OF THE PREVIOUS TRANSFER ORDER, SO THAT THE OLD STATION CONTINUED TO BE HIS OFFICIAL STATION WHEREAT NO PER DIEM IN LIEU OF SUBSISTENCE OR OTHER TRAVELING EXPENSES ARE PAYABLE; BUT, TO THE EXTENT OTHERWISE AUTHORIZED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, TRAVELING EXPENSES, ETC., MAY BE PAID FOR TEMPORARY DUTY AWAY FROM SUCH OFFICIAL STATION UNDER THE ORIGINAL ORDERS.

COMPTROLLER GENERAL WARREN TO R. MCCARTHY, DEPARTMENT OF COMMERCE, DECEMBER 21, 1945:

BY LETTER OF OCTOBER 30, 1945, FROM THE CIVIL AERONAUTICS ADMINISTRATION, THERE WAS FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF OCTOBER 19, 1945, AS FOLLOWS.

THE ENCLOSED VOUCHER IN FAVOR OF MR. FRANK E. SHIVERS, COMMUNICATIONS LIAISON OFFICER, IN THE AMOUNT OF $300.28 IS FORWARDED FOR YOUR OPINION AS TO LEGALITY OF PAYMENT. PAYMENTS TO DATE HAVE BEEN MADE TO MR. SHIVERS FOR THE PERIOD NOVEMBER 18, 1944 TO MAY 15, 1945 ON D.O. VOUCHER NOS. 21- 10313, 21-10762, AND 20-15663; DATES PAID FEBRUARY 28, 1945, MARCH 10, 1945 AND JUNE 30, 1945, RESPECTIVELY.

ENCLOSED IS A COPY OF TRAVEL ORDER 945-101 DIRECTING MR. SHIVERS TO TRAVEL FROM SEATTLE, WASHINGTON, TO HONOLULU, T.H. VIA SANTA MONICA, CALIFORNIA FOR THE PURPOSE OF CHANGING OFFICIAL HEADQUARTERS AND PERFORMANCE OF OFFICIAL DUTIES IN SANTA MONICA, CALIFORNIA. THE FACTS ARE AS FOLLOWS:

MR. SHIVERS DEPARTED SEATTLE, WASHINGTON NOVEMBER 18, 1944 TO EFFECT HIS CHANGE OF HEADQUARTERS AND, AS DIRECTED, STOPPED AT SANTA MONICA, CALIFORNIA TO RECRUIT AND TRAIN PERSONNEL FOR ASSIGNMENTS IN THE NINTH REGION ( HONOLULU, T.H.). HE REMAINED IN SANTA MONICA AND VICINITY UNTIL APRIL 12, 1945, AT WHICH TIME HE DEPARTED FOR SEATTLE, WASHINGTON IN ACCORDANCE WITH INSTRUCTIONS FROM THE REGIONAL ADMINISTRATOR OF THE HONOLULU OFFICE, AS PROVIDED IN ATTACHED COPY OF TRAVEL ORDER NO. 945- 101.1.

WHEN MR. SHIVERS DEPARTED FROM SEATTLE ON NOVEMBER 18, 1944, TO ALL INTENTS AND PURPOSES HONOLULU WOULD BE HIS HEADQUARTERS. IN ACCORDANCE WITH HIS CHANGE OF HEADQUARTERS AT THAT TIME, MR. SHIVERS GAVE UP HIS HOME AND HAD HIS FURNITURE PREPARED FOR SUBSEQUENT SHIPMENT TO HONOLULU. HOWEVER, DUE TO RESTRICTIONS ON SHIPPING TO THE HAWAIIAN ISLANDS AT THAT TIME, THE ACTUAL SHIPMENT OF HOUSEHOLD GOODS WAS NOT MADE.

IT IS INTENDED TO SUMMARIZE THE ELEMENTS INVOLVED IN CONNECTION WITH MR. SHIVER'S OFFICIAL CHANGE OF HEADQUARTERS AND TO POINT OUT THAT HIS INTERRUPTED TRAVEL IN CONNECTION WITH HIS OFFICIAL CHANGE OF HEADQUARTERS, WITH DEVIATION TO OTHER POINTS AS DIRECTED, WAS DUE TO A SITUATION CREATED BY URGENT DEMANDS IN THE DISCHARGE OF CAA'S RESPONSIBILITY IN CONNECTION WITH MILITARY OPERATIONS. IN THE REVIEW OF THE VARIOUS DECISIONS OF YOUR OFFICE, IN ENDEAVORING TO ARRIVE AT A CONCLUSION, COGNIZANCE IS TAKEN OF 10 COMP. GEN. 469, 16 COMP. GEN. 732 AND 19 COMP. GEN. 347, WHEREIN IT IS HELD THAT IT IS NOT WITHIN THE AUTHORITY VESTED IN THE HEAD OF A DEPARTMENT OR OTHER ADMINISTRATIVE OFFICIAL CHARGED WITH THE DUTY OF DESIGNATING POSTS OF DUTY OF GOVERNMENT EMPLOYEES TO DESIGNATE AN EMPLOYEE'S OFFICIAL HEADQUARTERS FOR THE PURPOSE OF ALLOWING PER DIEM, WHERE SUCH POINT IS NOT IN FACT THE POINT WHERE THE EMPLOYEE IS NOT REQUIRED TO SPEND MOST OF HIS TIME IN THE PERFORMANCE OF HIS ASSIGNED DUTIES. IT DOES NOT APPEAR THAT THE ABOVE-MENTIONED DECISIONS ARE APPLICABLE WHEN VIEWED IN THE LIGHT OF THE CIRCUMSTANCES AS RELATED HEREIN, SINCE IN THIS INSTANCE HONOLULU IS FOR ALL INTENTS AND PURPOSES HIS OFFICIAL HEADQUARTERS AND HIS ARRIVAL IN HONOLULU HAS MERELY BEEN POSTPONED.

F. E. SHIVERS, EMPLOYED IN THE SEVENTH REGION TRAINING CENTER AT SEATTLE, WAS SELECTED BY THE NINTH REGION FOR THE POSITION OF REGIONAL COMMUNICATIONS LIAISON OFFICER IN THE NINTH REGION, ARRIVING IN SANTA MONICA, CALIFORNIA FOR TEMPORARY RECRUITMENT DETAIL PRIOR TO COMPLETION OF HIS PERMANENT TRANSFER TO HONOLULU. ( ATTACHMENT NO. 1.) THE PERSONNEL SITUATION IN THE NINTH REGION AT THIS TIME HAD REACHED A MOST CRITICAL STAGE, WITH THE LIKELIHOOD THAT UNLESS IMMEDIATE CORRECTIVE ACTION WAS TAKEN NINTH REGION FACILITIES WOULD NO LONGER BE ABLE TO ASSUME THE WORK- LOAD PLACED ON THEM BY THE MILITARY SERVICES IN CONNECTION WITH THE WAR EFFORT.

MR. SHIVERS REPORTED AT SANTA MONICA ON NOVEMBER 22, 1944 WITH THE DEFINITE INTENTION OF PROCEEDING TO HONOLULU FOR PERMANENT ASSIGNMENT THERE UPON COMPLETION OF THE SANTA MONICA RECRUITMENT AND TRAINING WORK. (SEE ATTACHMENT NO. 2.)

THE CRITICAL LABOR SHORTAGE IN THE LOS ANGELES AREA WAS NOT CONDUCIVE TO SATISFACTORY RECRUITMENT OF TRAINEES AND IT WAS WITH DIFFICULTY THAT MR. SHIVERS MUSTERED A CLASS OF FIVE TRAINEES. THIS OFFICE WAS NOT OPTIMISTIC OVER THE PROSPECTS FOR RECRUITMENT IN THE WEST COAST AREA AND CONSIDERED THAT THIS PLAN MIGHT FAIL ENTIRELY AND IT WOULD BE NECESSARY TO FOREGO SUCH RECRUITMENT AND UTILIZE MR. SHIVER'S SERVICE FOR INTENSIVE RECRUITMENT AND TRAINING AT HONOLULU. ( SEE ATTACHMENT NO. 3, PARAGRAPH 5.)

BY LETTER OF MARCH 1, 1945, THE OFFICE OF THE DIRECTOR OF FEDERAL AIRWAYS OF THIS ADMINISTRATION WAS INFORMED OF UNSATISFACTORY RECRUITMENT AND TRAINING PROSPECTS AT SANTA MONICA, WITH THE ADVICE THAT THIS OFFICE WAS CONSIDERING DETAIL OF MR. SHIVERS TO KANSAS CITY FOR AN ATTEMPT AT RECRUITMENT AND TRAINING THERE. ( SEE ATTACHMENT NO. 4, AND NO. 5.) THIS OFFICE DEEMED IT DESIRABLE AT THAT TIME, HOWEVER, TO COMPLETE THE TRANSFER OF MR. SHIVERS TO HONOLULU PRIOR TO ANY OTHER DUTY ASSIGNMENTS, AND ARRANGEMENTS WERE MADE WITH LOCAL MILITARY OFFICES FOR A SURFACE PRIORITY FOR HIM TO ENTER THE TERRITORY OF HAWAII. (SEE ATTACHMENTS NO. 6 AND NO. 7.)

THE WASHINGTON OFFICE ADVISED BY DISPATCH IN REPLY TO HONOLULU LETTER OF MARCH 1, 1945, THAT AN EFFORT WAS BEING MADE TO OBTAIN 18 TRAINEE POSITIONS AND SUGGESTED MR. SHIVERS ARRANGE FOR TRAINING THE FUTURE INCUMBENTS OF THESE POSITIONS AT THE SEATTLE TRAINING CENTER, SINCE ALL OTHER TRAINING CENTERS WERE BEING DISCONTINUED DUE TO SHORTAGE OF FUNDS. THE SELECTION OF SEATTLE AS A LOCATION FOR TRAINING PURPOSES WAS QUESTIONED BY THIS OFFICE BUT DUE TO THE CLOSING OF OTHER TRAINING CENTERS, IT WAS APPARENTLY THE ONLY ALTERNATIVE AVAILABLE. (SEE ATTACHMENTS NO. 8, NO. 9 AND NO. 10.)

OUR URGENT NEED FOR ADDITIONAL PERSONNEL REQUIRED THAT WE PROCEED WITH TRAINING ARRANGEMENTS AT SEATTLE AT THE EARLIEST PRACTICABLE DATE, INASMUCH AS THIS APPEARED TO BE OUR ONLY POSSIBILITY FOR MAINLAND RECRUITMENT. MR. SHIVERS WAS DIRECTED TO PROCEED THERE FOR THIS PURPOSE. THIS OFFICE STILL CONSIDERED IT DESIRABLE TO COMPLETE MR. SHIVERS' TRANSFER PRIOR TO ASSUMPTION OF ANY FURTHER DUTIES, AND EARLY IN MARCH ATTEMPTED TO GAIN MILITARY APPROVAL OF AIRPLANE TRANSPORTATION FOR MR. SHIVERS FROM SAN FRANCISCO TO HAWAII WITHOUT SUCCESS. THE COMMANDING GENERAL'S OFFICE INFORMED OUR REPRESENTATIVE THAT THE BACKLOG OF HIGH PRIORITY MILITARY TRAVEL AT SAN FRANCISCO DID NOT PERMIT SUCH APPROVAL. IN VIEW OF THE LONG DELAYS INCURRED IN SURFACE TRAVEL AND OUR URGENT NEED FOR PERSONNEL, MR. SHIVERS WAS INSTRUCTED TO PROCEED DIRECTLY TO SEATTLE FOR FURTHER TRAINING WORK THERE, ALTHOUGH WE WOULD HAVE MUCH PREFERRED HE FIRST COMPLETE HIS TRANSFER TO HONOLULU WHERE HE COULD HAVE BETTER FAMILIARIZED HIMSELF WITH CONDITIONS PECULIAR TO THIS AREA AND IMPROVED HIS QUALIFICATIONS FOR HAWAIIAN RECRUITMENT AND TRAINING. THIS OFFICE WAS DUBIOUS OF RECRUITMENT PROSPECTS AT SEATTLE BUT SAW NO REASON TO QUESTION THE INFORMATION CONTAINED IN SEATTLE DISPATCH OF APRIL 20 ADVISING OF RECRUITMENT CONDITIONS THERE. (SEE ATTACHMENTS NO. 11 AND NO. 12.)

MR. SHIVERS WAS SUCCESSFUL IN OBTAINING A FULL CLASS OF TRAINEES, THE LAST OF WHOM WILL BE GRADUATED AND TRANSFERRED TO HONOLULU APPROXIMATELY DECEMBER 1, 1945. MR. SHIVERS HAS BEEN INSTRUCTED TO PROCEED TO HONOLULU UPON COMPLETION OF HIS WORK AT SEATTLE AND IS EXPECTED HERE APPROXIMATELY DECEMBER 15, 1945.

WE AGAIN DESIRE TO STRESS THE HEAVY RESPONSIBILITIES PLACED ON NINTH REGION FACILITIES IN CONNECTION WITH THE WAR EFFORT, AND WHILE THIS EMPLOYEE'S TRAVEL IS NOT IN ACCORDANCE WITH NORMAL PRACTICE, IT WAS DICTATED BY THE URGENT NECESSITIES OF WAR.

(A) IN VIEW OF THE ABOVE AND INASMUCH AS MR. SHIVERS'S ARRIVAL IN HONOLULU HAS BEEN POSTPONED, AND SINCE HONOLULU IS THE ONLY POINT THAT CAN BE CALLED HIS HEADQUARTERS, MAY PAYMENT OF PER DIEM WHILE IN SEATTLE, IN ACCORDANCE WITH ADMINISTRATIVE REGULATIONS WHICH PERMIT $6.00 FOR THE FIRST 30 DAYS, $5.00 FOR THE NEXT 30 DAYS, $3.00 FOR THE NEXT 30 DAYS, AND NONE THEREAFTER AT ANY ONE POINT, BE MADE BY THIS OFFICE?

FROM THE FACTS STATED IN YOUR SUBMISSION, IT APPEARS THAT THERE WAS A BONA FIDE INTENTION TO EFFECT A CHANGE OF HEADQUARTERS OF THIS EMPLOYEE FROM SEATTLE, WASHINGTON, TO HONOLULU, AND THAT TRAVEL ORDER NO. 945-101 OF OCTOBER 31, 1944, WAS APPROVED BY THE REGIONAL ADMINISTRATOR TO ACCOMPLISH THAT PURPOSE, BUT SAID ORDER REQUIRED TEMPORARY DUTY AT SANTA MONICA, CALIFORNIA, BEFORE PROCEEDING TO HONOLULU. WHILE IT IS NOT SHOWN THAT AUTHORITY TO ISSUE TRANSFER ORDERS HAD BEEN DELEGATED BY THE SECRETARY OF COMMERCE TO THE REGIONAL ADMINISTRATOR, IT IS ASSUMED FOR THE PURPOSE OF THIS CASE THAT AUTHORITY HAD BEEN SO DELEGATED TO HIM IN ACCORDANCE WITH AUTHORIZATION IN THE DEPARTMENT OF COMMERCE APPROPRIATION ACT FOR 1945 APPROVED JUNE 28, 1944, 58 STAT. 424. HOWEVER, BEFORE SUCH TRANSFER WAS CONSUMMATED, THE EMPLOYEE WAS DIRECTED BY AMENDATORY ORDER NO. 945-101.1 OF MARCH 30, 1945, TO RETURN TO HIS FORMER HEADQUARTERS AT SEATTLE FOR THE PERFORMANCE OF FURTHER DUTY AT THAT PLACE, THENCE "TO HONOLULU, T.H. VIA INTERMEDIATE AND OTHER POINTS.' IN THE CIRCUMSTANCES, THE ORDER DIRECTING HIS RETURN TO SEATTLE MAY BE CONSTRUED ONLY AS A SUSPENSION OR CANCELLATION OF HIS PREVIOUS ORDER FOR TRANSFER OF HEADQUARTERS, IN WHICH EVENT SEATTLE CONTINUED TO BE HIS OFFICIAL HEADQUARTERS AND NO PER DIEM IN LIEU OF SUBSISTENCE MAY BE PAID TO HIM WHILE ON DUTY AT SEATTLE. AS HIS ORDERS OTHERWISE PROPERLY DIRECTED THE PERFORMANCE OF TEMPORARY DUTY WHILE AWAY FROM SEATTLE, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT FOR THE ITEMS CLAIMED FOR MILEAGE, TRAVEL EXPENSES, AND PER DIEM IN LIEU OF SUBSISTENCE, TO THE EXTENT AUTHORIZED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR THE TIME SPENT ON TEMPORARY DUTY AWAY FROM SEATTLE UNDER THE ORDERS INVOLVED BUT NOT FOR ANY PER DIEM IN LIEU OF SUBSISTENCE OR OTHER TRAVEL EXPENSES FOR THE TIME SPENT AT SEATTLE.