B-9814, MAY 8, 1940, 19 COMP. GEN. 910

B-9814, MAY 8, 1940, 19 COMP. GEN. 910

TRANSPORTATION - HOUSEHOLD EFFECTS THE RIGHT OF A CIVILIAN EMPLOYEE TO TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE UPON CHANGE OF PERMANENT STATION IS NOT LOST SOLELY BECAUSE HE IS ON LEAVE WITHOUT PAY FROM HIS CIVILIAN POSITION ON ACTIVE DUTY AS A NAVAL RESERVE OFFICER WITH THE CIVILIAN CONSERVATION CORPS AT THE TIME HIS CIVILIAN UNIT IS MOVED FROM ONE CITY TO ANOTHER.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, MAY 8, 1940:

I HAVE YOUR LETTER OF APRIL 19, 1940, AS FOLLOWS:

A QUESTION HAS ARISEN IN CONNECTION WITH THE PROVISIONS IN THE APPROPRIATION, GENERAL EXPENSES, LIGHTHOUSE SERVICE, COAST GUARD, 1940, FOR TRANSPORTING PERSONAL HOUSEHOLD EFFECTS OF EMPLOYEES ON PERMANENT CHANGE OF STATION. THE MATTER DOES NOT APPEAR TO HAVE BEEN DIRECTLY COVERED BY DECISIONS OF YOUR OFFICE.

DURING THE MONTH OF DECEMBER 1938, PLANS WERE COMPLETED FOR THE REMOVAL OF THE DETROIT, MICHIGAN, RADIO LABORATORY OF THE FORMER LIGHTHOUSE SERVICE FROM THAT CITY TO BALTIMORE, MARYLAND, AND THE ACTUAL TRANSFER OF THIS UNIT TO THE LATTER CITY WAS EFFECTED IN JANUARY 1939. IN CONNECTION WITH THE CHANGE IN LOCATION OF THIS ACTIVITY TRAVEL ORDERS WERE ISSUED TO THE SEVERAL EMPLOYEES INVOLVED TO COVER THEIR PERSONAL TRAVEL TO THE NEW PERMANENT STATION, AND THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF SUCH EMPLOYEES FROM DETROIT TO BALTIMORE WAS AUTHORIZED.

AMONG THE EMPLOYEES AFFECTED BY THE CHANGE MENTIONED IN THE PRECEDING PARAGRAPH WAS LUTHER L. L. DILLEY, EMPLOYED AS RADIO CONSTRUCTOR WITH A SALARY OF $6.00 PER DIEM. BEFORE TRAVEL ORDERS AND AUTHORIZATION FOR TRANSPORTATION OF HOUSEHOLD EFFECTS WERE ISSUED TO THE PERSONNEL INVOLVED, MR. DILLEY, WHO IS AN ENSIGN IN THE U.S. NAVAL RESERVE, RECEIVED ORDERS, WITH HIS CONSENT, FROM HEADQUARTERS, SEVENTH CORPS AREA, U.S. ARMY, TO REPORT BEGINNING JANUARY 1, 1939, TO FORT SNELLING, MINNESOTA, FOR ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS. AFTER FORMAL REFERENCE OF THE MATTER TO YOUR OFFICE AND IN ACCORDANCE WITH THE DECISION OF THE ACTING COMPTROLLER GENERAL DATED MARCH 7, 1939, (B-1508) THIS EMPLOYEE WAS GRANTED LEAVE WITHOUT PAY FOR THE PERIOD OF HIS DETAIL TO SUCH DUTY. ACCORDINGLY, HE WAS NOT ISSUED TRAVEL ORDERS TO BALTIMORE AS WERE THE OTHER PERSONNEL EMPLOYED AT THE DETROIT LABORATORY AND HIS HOUSEHOLD EFFECTS WERE NOT MOVED TO BALTIMORE, BUT WERE LEFT IN STORAGE AT DETROIT.

AT THE COMPLETION OF HIS DETAIL WITH THE CIVILIAN CONSERVATION CORPS MR. DILLEY REPORTED AT HIS OWN EXPENSE TO DUTY AT THE BALTIMORE RADIO LABORATORY AS OF JANUARY 1, 1940, AND HAS SINCE BEEN EMPLOYED AT THAT UNIT. IMMEDIATELY AFTER REPORTING FOR DUTY IN BALTIMORE HE REQUESTED AUTHORITY TO MOVE HIS HOUSEHOLD EFFECTS FROM DETROIT, HIS FORMER STATION, TO BALTIMORE, HIS NEW PERMANENT STATION, AT GOVERNMENT EXPENSE.

THERE IS NO ADMINISTRATIVE OBJECTION TO ISSUING ORDERS FOR THE TRANSPORTATION OF MR. DILLEY'S HOUSEHOLD EFFECTS FROM DETROIT TO BALTIMORE PROVIDED THE EXPENDITURE MAY LEGALLY BE MADE. THE REGULATIONS OF THE FORMER BUREAU OF LIGHTHOUSES WITH RESPECT TO THE TRANSPORTATION OF PERSONAL HOUSEHOLD EFFECTS, WHICH ARE STILL IN FORCE, ARE SET FORTH IN BUREAU OF LIGHTHOUSES CIRCULAR LETTERS 541 AND 655, COPIES OF WHICH ARE ATTACHED.

IN VIEW OF THE CIRCUMSTANCES STATED HEREIN YOUR DECISION IS REQUESTED AS TO THE LEGALITY OF AUTHORIZING THE TRANSPORTATION OF THE HOUSEHOLD GOODS OF THIS EMPLOYEE IN ACCORDANCE WITH HIS REQUEST.

THE ITEM IN THE APPROPRIATION ACT FOR THE CURRENT FISCAL YEAR (ACT OF JUNE 29, 1939, 53 STAT. 913), COVERING TRANSPORTATION OF HOUSEHOLD EFFECTS OF EMPLOYEES OF THE FORMER LIGHTHOUSE SERVICE, READS AS FOLLOWS:

* * * NOT EXCEEDING $3,500 FOR PACKING, CRATING, AND TRANSPORTING PERSONAL HOUSEHOLD EFFECTS OF EMPLOYEES, NOT TO EXCEED SIX THOUSAND POUNDS IN ANY ONE CASE, WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY; * * *

THE REFERRED-TO ADMINISTRATIVE REGULATIONS DO NOT PROVIDE FOR ANY TIME LIMIT WITHIN WHICH A SHIPMENT OF HOUSEHOLD EFFECTS SHOULD BE ACCOMPLISHED WHEN A CHANGE OF PERMANENT STATION OCCURS. IN THE REGULATION, CIRCULAR LETTER NO. 541, THERE APPEARS A PARAGRAPH AS FOLLOWS:

SINCE THE AMOUNT AVAILABLE IS STRICTLY LIMITED, IT IS NECESSARY THAT DISCRIMINATION BE EXERCISED IN THE APPROVAL OF CASES WHERE SUCH TRANSPORTATION WILL BE PROVIDED, AND IT DOES NOT FOLLOW NECESSARILY THAT ALL EMPLOYEES ARE EQUALLY ENTITLED THERETO. THE PROVISION IS PRIMARILY TO FACILITATE THE WORK OF THE SERVICE AND WHERE IMPRACTICABLE TO APPROVE ALL CASES SELECTION MUST BE MADE AS MOST ADVANTAGEOUS TO THE SERVICE, ALL FACTORS BEING CONSIDERED. GENERALLY, HOWEVER, TRANSPORTATION OF HOUSEHOLD EFFECTS WILL BE AUTHORIZED, SO FAR AS FUNDS PERMIT, WHERE THE TRANSFER IS IN THE INTEREST OF THE SERVICE AND NOT AT THE REQUEST OF OR FOR THE CONVENIENCE OF THE EMPLOYEE. WHERE NECESSARY TO EXERCISE DISCRIMINATION PREFERENCE WILL GENERALLY BE GIVEN TO CASES OF TRANSFER NOT INVOLVING PROMOTION.

IN VIEW OF THE EMPLOYEE'S ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS AS AN OFFICER OF THE NAVAL RESERVE, THERE WAS NO NEED FOR THE SHIPMENT OF THE HOUSEHOLD EFFECTS TO HIS NEW STATION AT BALTIMORE, MARYLAND, UNTIL THE TERMINATION OF HIS ACTIVE SERVICE WITH THE CIVILIAN CONSERVATION CORPS AS A RESERVE OFFICER AND RETURN TO DUTY IN HIS CIVILIAN POSITION. NOTHING APPEARS IN THE TERMS OF SECTION 6 OF THE ACT OF JUNE 28, 1937, 50 STAT. 320, AUTHORIZING THE PRESIDENT TO ORDER RESERVE OFFICERS TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS, TO REQUIRE OR AUTHORIZE THE CONCLUSION THAT A CIVILIAN EMPLOYEE LOSES THE RIGHT OR BENEFIT OF HAVING HIS HOUSEHOLD EFFECTS SHIPPED AT GOVERNMENT EXPENSE UPON CHANGE OF PERMANENT STATION SOLELY BECAUSE OF HIS TEMPORARY ABSENCE FROM CIVILIAN DUTY WHILE ON ACTIVE DUTY AS A RESERVE OFFICER WITH THE CIVILIAN CONSERVATION CORPS. 18 COMP. GEN. 923. THE SHIPMENT OF HOUSEHOLD EFFECTS IN THIS CASE REASONABLY MAY BE REGARDED AS INCIDENT TO THE EMPLOYEE'S CHANGE OF PERMANENT STATION. COMPARE 18 COMP. GEN. 408.

ACCORDINGLY, IF IT BE ADMINISTRATIVELY DETERMINED THAT THE SHIPMENT OF HOUSEHOLD EFFECTS IN THIS CASE "IS IN THE INTEREST OF THE SERVICE AND NOT AT THE REQUEST OF OR FOR THE CONVENIENCE OF THE EMPLOYEE" (QUOTING FROM THE REGULATION), PAYMENT OF THE COST OF SUCH SHIPMENT WITHIN THE LIMITATIONS OF THE REGULATIONS AND THE APPROPRIATION IS AUTHORIZED.