A-10242, AUGUST 28, 1925, 5 COMP. GEN. 151

A-10242: Aug 28, 1925

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IS NOT APPLICABLE TO PAYMENT OF TRAVELING EXPENSES OF AN OFFICER OF THE ARMY DETAILED TO DUTY WITH THE FOREST SERVICE IN CONNECTION WITH AN AIRPLANE PATROL TO PREVENT AND SUPPRESS FOREST FIRES. SUCH OFFICER IS ENTITLED TO THE SAME TRAVEL ALLOWANCES THAT HE WOULD BE ENTITLED TO FOR TRAVEL IN CONNECTION WITH MILITARY DUTY. REQUESTING DECISION WHETHER YOU HAVE AUTHORITY TO PAY A VOUCHER. WHILE HE WAS ON DUTY IN THE UNITED STATES FOREST SERVICE IN CONNECTION WITH AN AIRPLANE PATROL FOR THE PURPOSE OF PREVENTING AND SUPPRESSING FOREST FIRES ON NATIONAL FORESTS. THE WAR DEPARTMENT HAS LOANED TO THE DEPARTMENT OF AGRICULTURE AIRPLANES AND HAS DETAILED AN OFFICER OF THE AIR SERVICE OF THE ARMY TO HAVE CHARGE OF THE FLYING OPERATIONS.

A-10242, AUGUST 28, 1925, 5 COMP. GEN. 151

TRAVELING EXPENSES - ARMY OFFICERS ON AERIAL DUTY WITH THE FOREST SERVICE SECTION 5 OF THE ACT OF MARCH 3, 1925, 43 STAT. 1190, PRESCRIBING PER DIEM RATES TO MILITARY AND NAVAL OFFICERS AND ENLISTED MEN WHEN ENGAGED ON AERIAL SURVEYS, IS NOT APPLICABLE TO PAYMENT OF TRAVELING EXPENSES OF AN OFFICER OF THE ARMY DETAILED TO DUTY WITH THE FOREST SERVICE IN CONNECTION WITH AN AIRPLANE PATROL TO PREVENT AND SUPPRESS FOREST FIRES. SUCH OFFICER IS ENTITLED TO THE SAME TRAVEL ALLOWANCES THAT HE WOULD BE ENTITLED TO FOR TRAVEL IN CONNECTION WITH MILITARY DUTY.

COMPTROLLER GENERAL MCCARL TO A. W. SMITH, DISBURSING AGENT, DEPARTMENT OF AGRICULTURE, AUGUST 28, 1925:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 17, 1925, REQUESTING DECISION WHETHER YOU HAVE AUTHORITY TO PAY A VOUCHER, SUBMITTED BY YOU,STATED IN THE AMOUNT OF $103 IN FAVOR OF LIEUT. LLOYD BARNETT (A.S.), UNITED STATES ARMY, COVERING REIMBURSEMENT FOR TRAVELING EXPENSES INCURRED BY HIM OVER THE PERIOD JULY 1 TO 15, 1925, WHILE HE WAS ON DUTY IN THE UNITED STATES FOREST SERVICE IN CONNECTION WITH AN AIRPLANE PATROL FOR THE PURPOSE OF PREVENTING AND SUPPRESSING FOREST FIRES ON NATIONAL FORESTS.

THE ACT OF FEBRUARY 10, 1925, 43 STAT. 835, PROVIDING FUNDS FOR ANAIRPLANE PATROL, READS AS FOLLOWS:

FOR COOPERATION WITH THE WAR DEPARTMENT IN THE MAINTENANCE AND OPERATION OF AN AIRPLANE PATROL TO PREVENT AND SUPPRESS FOREST FIRES ON NATIONAL FORESTS AND ADJACENT LANDS, $50,000: PROVIDED, THAT NO PART OF THIS APPROPRIATION SHALL BE USED FOR THE PURCHASE OF LAND OR AIRPLANES; * * *

IT APPEARS THAT BY ARRANGEMENT BETWEEN THE WAR DEPARTMENT AND THE DEPARTMENT OF AGRICULTURE FOR COOPERATION IN FOREST-FIRE PATROL AND PREVENTION, MADE PURSUANT TO THE ABOVE ACT, THE WAR DEPARTMENT HAS LOANED TO THE DEPARTMENT OF AGRICULTURE AIRPLANES AND HAS DETAILED AN OFFICER OF THE AIR SERVICE OF THE ARMY TO HAVE CHARGE OF THE FLYING OPERATIONS, THE TRAVELING EXPENSES OF SUCH OFFICER TO BE PAID DIRECTLY BY THE DEPARTMENT OF AGRICULTURE. IN PURSUANCE OF THESE ARRANGEMENTS BY S.O. 131, HEADQUARTERS NINTH CORPS AREA, DATED JUNE 13, 1925, LIEUTENANT BARNETT WAS DETAILED TO ASSIST THE DEPARTMENT OF AGRICULTURE AND PLACED IN CHARGE OF THE FLYING OPERATIONS OF THE AIRPLANE FOREST FIRE PATROL.

BY LETTER OF THE DISTRICT FORESTER, DATED JUNE 29, 1925, HE WAS REQUESTED

TO PROCEED BY AIR ON OR AFTER JULY 1, 1925, FROM SAN FRANCISCO TO SACRAMENTO, CALIFORNIA; EUGENE, OREGON; AND VANCOUVER AND SPOKANE, WASHINGTON, TO ORGANIZE PATROL BASES AT THOSE PLACES. UPON COMPLETION OF THIS WORK YOU ARE REQUESTED TO PROCEED BY AIR TO GLENDALE, CALIFORNIA, TO COMPLETE THE ORGANIZATION OF A PATROL BASE AT THAT POINT. UPON COMPLETION OF THIS WORK YOU SHOULD PROCEED BY AIR TO CRISSY FIELD, WHERE YOU ARE TO SECURE YOUR AUTOMOBILE, WHICH CAN BE USED TO EXCELLENT ADVANTAGE ON OFFICIAL WORK DURING THE SEASON TO PROCEED OVERLAND TO EUGENE TO ESTABLISH YOUR TEMPORARY STATION AT THAT PLACE.

LIEUTENANT BARNETT SUBMITS FOR PAYMENT A VOUCHER STATING TRAVEL PERFORMED AS FOLLOWS:

TABLE JULY 1. LEFT SAN FRANCISCO 7.35 A.M., ARRIVED IN EUGENE,

OREGON, 11.20 A.M. --------------------------------- $7.00

2. LEFT EUGENE, OREGON, 8.00 A.M., ARRIVED IN VANCOUVER,

WASHINGTON, 9.35 A.M.; LEFT VANCOUVER, WASHINGTON,

2.35 P.M., ARRIVED SPOKANE, WASHINGTON, 6.35 A.M. - 7.00

5. LEFT SPOKANE, WASHINGTON, 9.55 A.M., ARRIVED

VANCOUVER, WASHINGTON, 2.10 P.M.; LEFT VANCOUVER,

WASHINGTON, 4.45 P.M., ARRIVED EUGENE, OREGON,

6.00 P.M. ----------------------------------------- 21.00

6. LEFT EUGENE, OREGON, 3.15 P.M., ARRIVED

SACRAMENTO, CALIFORNIA, 6.45 P.M. ----------------- 7.00

7. LEFT SACRAMENTO, CALIFORNIA, 9.30 A.M., ARRIVED SAN

FRANCISCO 10.15 A.M. ------------------------------ 7.00

8. LEFT SAN FRANCISCO 8.25 A.M., ARRIVED LOS ANGELES

11.35 A.M. ---------------------------------------- 7.00

9. LEFT LOS ANGELES 11.15 A.M., ARRIVED IN SAN

FRANCISCO 2.50 P. M. ------------------------------ 7.00

11. LEFT SAN FRANCISO 9.00 A.M., ARRIVED GARBERVILLE,

CALIFORNIA, 8.00 A.M. ------------------------------ 14.00

12. LEFT GARBERVILLE, CALIFORNIA, 7.15 A.M., ARRIVED

PATRICK'S CREEK, CALIFORNIA, 6.30 P.M. ------------ 7.00

13. LEFT PATRICK'S CREEK, CALIFORNIA, 7.40 A.M., ARRIVED

EUGENE, ORGEON, 6.30 P.M. ------------------------- 7.00

14. AT TEMPORARY HEADQUARTERS, EUGENE, ORGEON ---------- 6.00

15. AT TEMPORARY HEADQUARTERS, EUGENE, ORGEON ---------- 6.00

ALL TRIPS JULY 1 TO 9, INC., BY AIRPLANE; JULY 11

TO 13 BY AUTO. ---------

TOTAL ------------------------------------------ 103.00

THE VOUCHER HAS BEEN SUBMITTED BY YOU AND CLAIMS TRAVELING EXPENSES OF THE OFFICER ON THE BASIS PROVIDED BY SECTION 5 OF THE ACT OF MARCH 3, 1925, 43 STAT. 1190, AUTHORIZING THE CONSTRUCTION, REPAIR, AND PRESERVATION OF CERTAIN PUBLIC WORKS ON RIVERS AND HARBORS AND FOR OTHER PURPOSES, AND WHICH READS:

SEC. 5. TO COVER ACTUAL ADDITIONAL EXPENSES TO WHICH FLIERS ARE SUBJECTED WHEN MAKING AERIAL SURVEYS, HEREAFTER A PER DIEM OF $7 IN LIEU OF OTHER TRAVEL ALLOWANCES SHALL BE PAID TO OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE ARMY, NAVY, AND MARINE CORPS FOR THE ACTUAL TIME CONSUMED WHILE TRAVELING BY AIR, UNDER COMPETENT ORDERS, IN CONNECTION WITH AERIAL SURVEYS OF RIVERS AND HARBORS, OR OTHER GOVERNMENTAL PROJECTS, AND A PER DIEM OF $6 FOR THE ACTUAL TIME CONSUMED IN MAKING SUCH AERIAL SURVEYS, TO BE PAID FROM APPROPRIATIONS AVAILABLE FOR THE PARTICULAR IMPROVEMENT OR PROJECT FOR WHICH THE SURVEY IS BEING MADE: PROVIDED, THAT NOT MORE THAN ONE OF THE PER DIEM ALLOWANCES AUTHORIZED IN THIS SECTION SHALL BE PAID FOR ANY ONE DAY.

HEREAFTER, WHEN IN THE OPINION OF THE SECRETARY OF WAR THE CHANGES OF A STATION OF AN OFFICER OF THE CORPS OF ENGINEERS IS PRIMARILY IN THE INTEREST OF RIVER AND HARBOR IMPROVEMENT, THE MILEAGE AND OTHER ALLOWANCES TO WHICH HE MAY BE ENTITLED INCIDENT TO SUCH CHANGE OF STATION MAY BE PAID FROM APPROPRIATIONS FOR SUCH IMPROVEMENTS.

THE LEGALITY OF THE PAYMENT PROPOSED IN THE VOUCHER SUBMITTED DEPENDS UPON WHETHER THE ACT OF MARCH 3, 1925, IS APPLICABLE TO COVER THE CASE OF LIEUTENANT BARNETT; THAT IS, WHETHER TRAVEL IN CONNECTION WITH AN AIRPLANE PATROL TO PREVENT AND SUPPRESS FOREST FIRES CAN BE HELD TO BE TRAVEL FOR THE PURPOSE OF MAKING AERIAL SURVEYS IN CONNECTION WITH RIVERS AND HARBORS OR OTHER GOVERNMENTAL PROJECTS, TO BE PAYABLE "FROM APPROPRIATIONS AVAILABLE FOR THE PARTICULAR IMPROVEMENT OR PROJECT FOR WHICH THE SURVEY IS BEING MADE" WITHIN THE MEANING OF SAID ACT.

THE JOURNEYS PERFORMED BY LIEUTENANT BARNETT BY AIRPLANE AND BY AUTOMOBILE ARE SHOWN TO HAVE BEEN FOR THE PURPOSE OF ESTABLISHING AND ORGANIZING FLYING BASES AT THE DESIGNATED PLACES TO WHICH HE WAS INSTRUCTED TO TRAVEL, AND TO ENABLE HIM TO TRANSACT OTHER BUSINESS CONNECTED WITH THE ESTABLISHMENT AND THE ADMINISTRATION OF THE AIRPLANE FIRE PATROL. EVIDENTLY SUCH TRAVEL WAS NOT TRAVEL FOR THE PURPOSE OF OR IN CONNECTION WITH AN AERIAL SURVEY, NOR IS THE ADOPTION OF AN AIRPLANE PATROL IN CONNECTION WITH THE DETECTION AND SUPPRESSION OF FOREST FIRES TO BE CONSIDERED AS A "PROJECT" WITHIN THE MEANING OF THAT TERM AS USED IN THE ACT OF MARCH 3, 1925. THAT ENACTMENT REFERS TO PROJECTS OF AN ENGINEERING CHARACTER, AND THE TERM "SURVEYS" AS USED THEREIN EVIDENTLY REFERRED TO SUCH SURVEYS AS ARE NECESSARY TO CARRY OUT PROJECTS OF SUCH KIND.

THERE APPEARS TO BE NO AUTHORITY FOR RECOGNIZING THAT AN ARMY OFFICER ON DETAIL WITH THE FOREST SERVICE IN CONNECTION WITH AIRPLANE PATROLS UNDER THE STATUTE PROVIDING FOR COOPERATION FOR THIS PURPOSE BETWEEN THE DEPARTMENTS OF AGRICULTURE AND WAR, AND APPROPRIATING FUNDS THEREFOR ACQUIRES ANY ADDITIONAL RIGHTS WITH RESPECT TO PAYMENT OF TRAVELING EXPENSES WHILE ON SUCH DETAIL, SUCH OFFICER BEING BEING ENTITLED TO PAYMENT OF TRAVELING EXPENSES UNDER THE APPROPRIATION FOR THE AIRPLANE PATROL ON THE BASIS OF THE LAWS AND REGULATIONS APPLICABLE TO TRAVEL IN CONNECTION WITH DUTY IN THE ARMY. 2 COMP. GEN. 72, 374, AND 635. ON THE BASIS OF TRAVEL IN THE ARMY, LIEUTENANT BARNETT IS ENTITLED TO REIMBURSEMENT FOR HIS ACTUAL EXPENSES NOT IN EXCESS OF $8 PER DAY WHILE TRAVELING BY AIR UNDER COMPETENT ORDERS (SEE AS TO LIMITATION 2 COMP. GEN. 287); WHEN TRAVELING UNDER COMPETENT ORDERS BY HIS OWN AUTOMOBILE HE IS ENTITLED TO MILEAGE SUBJECT TO LAND GRANT DEDUCTION IF ANY INVOLVED IN THE TRAVEL BY THE OFFICIAL ROUTE; HE WOULD NOT BE ENTITLED TO REIMBURSEMENT FOR COST OF SUBSISTENCE AT HIS TEMPORARY HEADQUARTERS NOR WHEN A STOP FOR DUTY ON AN AUTHORIZED AIR JOURNEY EXCEEDS 72 HOURS. 3. COMP. GEN. 401; 4 COMP. GEN. 541.