B-81351, DECEMBER 15, 1948, 28 COMP. GEN. 363

B-81351, DECEMBER 15, 1948, 28 COMP. GEN. 363

TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS - TRANSFER FROM TEMPORARY DUTY STATION TO PERMANENT DUTY STATION EMPLOYEES WHO WERE APPOINTED AND ASSIGNED FOR A PERIOD OF INSTRUCTION AND TRAINING AT A TEMPORARY DUTY STATION, WITH THE UNDERSTANDING THAT THEY WOULD BE TRANSFERRED AT A LATER DATE TO A PERMANENT DUTY STATION, ARE NOT ENTITLED, UNDER SECTON 1 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, AUTHORIZING ALLOWANCE OF THE EXPENSES OF TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ON A TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, TO SUCH TRANSPORTATION EXPENSES IN CONNECTION WITH A TRANSFER FROM THE TEMPORARY DUTY STATION FOR TRAINING TO THE PERMANENT DUTY STATION.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, DECEMBER 15, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 2, 1948, IN WHICH YOU REQUEST A REVIEW AND REMOVAL, IF POSSIBLE, OF EXCEPTIONS TAKEN BY THIS OFFICE TO PAYMENTS MADE BY LIEUTENANT (JG) C. W. IRELAND TO CIVILIAN TECHNICIANS, EMPLOYED IN THE MAINTENANCE AND OPERATION OF THE AIKEN RELAY CALCULATOR, FOR EXPENSE OF TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM CAMBRIDGE, MASSACHUSETTS, TO DAHLGREN, VIRGINIA. ALSO, IN THE EVENT THE SUSPENSIONS BE REMOVED, YOU REQUEST ,APPROVAL * * * FOR MAKING SIMILAR PAYMENTS TO ROBERT W. ROSE, WHOSE CLAIM WAS RECEIVED SUBSEQUENT TO RECEIPT OF NOTICES OF EXCEPTION.'

WITH YOUR LETTER THERE WERE TRANSMITTED LETTER DATED SEPTEMBER 3, 1948, FROM THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, AND COPIES OF FOUR NOTICES OF EXCEPTION WHICH HAVE BEEN ISSUED AGAINST VOUCHERS 582, 585, 586, AND 588, MARCH 1948 ACCOUNT OF LIEUTENANT IRELAND. THOSE VOUCHERS COVER PAYMENTS MADE TO FREDERICK G. MILLER AND ARTHUR W. KILROY FOR THE TRANSPORTATION OF THEIR DEPENDENTS AND HOUSEHOLD EFFECTS FROM CAMBRIDGE TO DAHLGREN, UNDER ORDERS DATED MARCH 1, 1948, READING IN PERTINENT PART AS FOLLOWS:

1. * * * YOU ARE HEREBY AUTHORIZED TO PROCEED ON OR ABOUT 10 MARCH 1948 FROM YOUR TEMPORARY DUTY STATION AT HARVARD UNIVERSITY, CAMBRIDGE, MASSACHUSETTS, TO THE U.S. NAVAL PROVING GROUND, DAHLGREN, VIRGINIA * *

2. * * * YOU WILL BE FURTHER REIMBURSED * * * FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS AND TRANSPORTATION OF YOUR DEPENDENTS.

THE EXCEPTIONS WERE TAKEN UPON THE GROUND THAT THE TRANSPORTATION AT GOVERNMENT EXPENSE OF THE DEPENDENTS AND HOUSEHOLD EFFECTS OF THE EMPLOYEES WAS NOT AUTHORIZED BY EXISTING LAW, UNDER ORDERS TO PROCEED FROM THE TEMPORARY STATION AT CAMBRIDGE TO THE OFFICIAL STATION AT DAHLGREN, IN CONNECTION WITH THE INSTALLATION OF A RELAY CALCULATOR AT THAT PLACE. THOSE EXCEPTIONS ARE REPRESENTATIVE OF OTHER EXCEPTIONS TAKEN TO SIMILAR PAYMENTS.

IN EXPLANATION OF THE QUESTIONED PAYMENTS IT IS STATED IN BUREAU OF SUPPLIES AND ACCOUNTS' LETTER OF SEPTEMBER 3, 1948, THAT THE AIKEN RELAY CALCULATOR WAS DESIGNED AND CONSTRUCTED BY HARVARD UNIVERSITY; THAT HIGHLY SPECIALIZED TRAINING AND INDOCTRINATION WERE ESSENTIAL FOR PERSONNEL WHO WOULD OPERATE THE AIKEN RELAY CALCULATOR AFTER IT WAS INSTALLED AT THE NAVAL PROVING GROUND; THAT QUALIFIED PERSONNEL RESIDING IN THE BOSTON AREA WERE RECRUITED FROM AMONG THOSE WHO HAD BEEN EMPLOYED BY PROFESSOR AIKEN IN CONNECTION WITH THE CONSTRUCTION OF THE CALCULATOR; THAT IT WAS CLEARLY UNDERSTOOD BY ALL PARTIES CONCERNED THAT THE PERSONNEL, UPON APPOINTMENT, WOULD PERFORM THEIR DUTIES AT CAMBRIDGE, MASSACHUSETTS, AND THAT AT A LATER DATE THEY WOULD BE TRANSFERRED TO THE NAVAL PROVING GROUND, DAHLGREN, VIRGINIA; THAT THE EMPLOYEES WERE INFORMED THAT, UPON TRANSFER TO DAHLGREN, THEY WOULD BE ENTITLED TO TRANSPORTATION OF THEIR DEPENDENTS AND SHIPMENT OF HOUSEHOLD EFFECTS AT THE EXPENSE OF THE GOVERNMENT; AND THAT, IN ACCORDANCE WITH THE UNDERSTANDING OF THE PARTIES, ORDERS TO FIRST DUTY, AFTER APPOINTMENT, SHOULD HAVE DESIGNATED CAMBRIDGE AS THE FIRST DUTY STATION, AND, AT THE TIME OF TRANSFER TO DAHLGREN, APPROPRIATE ORDERS SHOULD HAVE BEEN ISSUED EFFECTING SUCH TRANSFER UNDER THE PROVISIONS OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 79TH CONGRESS.

SECTION 1 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 806, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

* * * ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER * * * FOR PERMANENT DUTY, SHALL * * * WHEN AUTHORIZED, IN THE ORDER DIRECTING THE TRAVEL * * * BE ALLOWED AND PAID FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY * * * AND THE EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS * * *.

AS TO THE CONTENTION THAT CAMBRIDGE SHOULD HAVE BEEN DESIGNATED IN ORDERS DIRECTING FIRST DUTY FOR THE CONCERNED EMPLOYEES AS THE FIRST DUTY STATION, YOU ARE ADVISED THAT, FOR THE EXPENSES IN QUESTION TO BE ALLOWABLE, IT MUST BE SHOWN THAT CAMBRIDGE WAS THE PERMANENT DUTY STATION OF THE EMPLOYEES WHEN ORDERED TO DAHLGREN. THE WORDS,"TRANSFERRED FROM ONE OFFICIAL STATIONS TO ANOTHER * * * FOR PERMANENT DUTY," AS USED IN THE ACT OF AUGUST 2, 1946, SUPRA, RELATE TO A CHANGE IN THE PERMANENT DUTY STATION OF THE EMPLOYEE. THE STATEMENTS MADE IN THE LETTER FROM THE BUREAU OF SUPPLIES AN ACCOUNTS SHOW THAT THE EMPLOYEES WERE APPOINTED FOR PERMANENT DUTY AT DAHLGREN, VIRGINIA, WERE FIRST ORDERED TO HARVARD UNIVERSITY FOR A PERIOD OF INSTRUCTION AND TRAINING, AND WERE ADVISED, UPON APPOINTMENT, THAT THEY WOULD BE TRANSFERRED AT A LATER DATE TO DAHLGREN. UNDER SUCH CIRCUMSTANCES CAMBRIDGE LEGALLY MAY NOT BE CONSIDERED AS THE FIRST PERMANENT DUTY STATION OF THE EMPLOYEES. THE ONLY AUTHORITY FOR THE TRANSPORTATION EXPENSES OF NEW APPOINTEES, THEIR DEPENDENTS, ETC., IS CONTAINED IN SECTION 7 OF SAID PUBLIC LAW 600, 60 STAT. 808, BUT IT RELATES ONLY TO CASES OF APPOINTMENTS TO PLACES OUTSIDE THE CONTINENTAL UNITED STATES-- WHICH IS NOT THE CASE HERE.

IN THE LIGHT OF THE FOREGOING, I HAVE NO ALTERNATIVE BUT TO SUSTAIN THE AUDIT ACTION IN RESPECT OF THE QUESTIONED EXPENDITURES; AND IT FOLLOWS THAT THE CLAIM OF ROBERT W. ROSE INVOLVING SIMILAR EXPENDITURES MAY NOT BE APPROVED.

IT MAY BE WELL TO POINT OUT THAT EVEN THOUGH THE QUESTIONED EXPENDITURES IN RESPECT OF TRANSPORTING HOUSEHOLD EFFECTS WERE OTHERWISE FOR CONSIDERING AS EXPENSES CONNECTED WITH THE TRANSFERS OF PERMANENT STATIONS, THE CLAIMS FOR THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF MESSR. MILLER AND KILROY LEGALLY COULD NOT BE CONSIDERED UPON AN ACTUAL EXPENSE BASIS BECAUSE THE ACT OF AUGUST 2, 1046, AND EXECUTIVE ORDERS 9805, DATED NOVEMBER 25, 1946, AND 9933, DATED FEBRUARY 27, 1948, PROVIDE FOR PAYMENT OF SUCH EXPENDITURES ONLY UPON A COMMUTED BASIS.