A-12001, DECEMBER 15, 1925, 5 COMP. GEN. 433

A-12001: Dec 15, 1925

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1925: I HAVE YOUR LETTER OF NOVEMBER 14. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER THEREWITH SUBMITTED. WERE DIRECTED TO PROCEED FROM THEIR HOMES ON AUGUST 27. THE UNITED STATES PROPERTY AND DISBURSING OFFICER WAS DIRECTED TO ISSUE THE NECESSARY TRANSPORTATION REQUESTS COVERING RAIL AND PULLMAN TRANSPORTATION. PARAGRAPH 10 THEREOF PROVIDED FURTHER AS FOLLOWS: THE FOLLOWING OFFICERS AND ENLISTED MEN OF THE TEAM ARE HEREBY AUTHORIZED TO TRAVEL BY AUTOMOBILE FROM THEIR HOME STATIONS TO CAMP PERRY. REIMBURSEMENT WILL BE MADE FOR GASOLINE. REIMBURSEMENT VOUCHERS ACCOMPANIED BY TWO COPIES OF ORDERS AND RECEIPTS FOR THE ABOVE WILL BE SETTLED BY THE DISBURSING OFFICER. NOTATION ON THE VOUCHER SHOWS THAT THE JOURNEY IN QUESTION WAS MADE IN A "WHITE STAFF CAR" CARRYING THE TWO CLAIMANTS AND FOUR OTHERS WHO WERE NOT IN ANY WAY CONNECTED WITH THE RIFLE TEAM.

A-12001, DECEMBER 15, 1925, 5 COMP. GEN. 433

TRAVELING EXPENSES - NATIONAL GUARD MEMBERS PARTICIPATING IN NATIONAL MATCHES MEMBERS OF A NATIONAL GUARD RIFLE TEAM WHO USED A FEDERALLY OWNED AUTOMOBILE, ISSUED TO THE STATE FOR THE TRAINING OF ITS NATIONAL GUARD, TO MAKE A JOURNEY TO A DISTANT POINT OUTSIDE OF THE STATE TO PARTICIPATE IN NATIONAL RIFLE MATCHES MAY NOT BE REIMBURSED FOR EXPENSES INCURRED BY THEM FOR GASOLINE, OIL, STORAGE CHARGES, AND TOLL CHARGES, SUCH USE OF THE AUTOMOBILE NOT BEING CONTEMPLATED NOR AUTHORIZED UNDER THE LAW PROVIDING FOR ITS ISSUE.

COMPTROLLER GENERAL MCCARL TO MAJ. BENJAMIN L. JACOBSON, UNITED STATES ARMY, DECEMBER 15, 1925:

I HAVE YOUR LETTER OF NOVEMBER 14, 1925, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER THEREWITH SUBMITTED, CONSTITUTING THE JOINT CLAIMS OF MAJ. ALBERT T. CALLICOTT, THIRTY-FIRST DIVISION TRAIN, MISSISSIPPI NATIONAL GUARD, AND SERGT. JAMES C. MANNING, ONE HUNDRED AND TWENTY-SECOND MOTOR TRANSPORT COMPANY, MISSISSIPPI NATIONAL GUARD FOR REIMBURSEMENT OF EXPENSES IN THE AMOUNT OF $48.20 INCURRED FROM AUGUST 26 TO 29, 1925, FOR GASOLINE, OIL, STORAGE CHARGES, AND TOLL CHARGES, WHILE TRAVELING FROM SENATOBIA, MISS., TO CAMP PERRY, OHIO, IN A GOVERNMENT- OWNED AUTOMOBILE.

BY SPECIAL ORDERS, NO. 85, HEADQUARTERS MISSISSIPPI NATIONAL GUARD, DATED CAMP MCCLELLAN, ALA., AUGUST 22, 1925, THE MEMBERS OF THE RIFLE TEAM SELECTED TO REPRESENT THE NATIONAL GUARD OF MISSISSIPPI AT THE NATIONAL MATCHES HELD AT CAMP PERRY, OHIO, CONSISTING OF THE TEAM CAPTAIN, TEAM COACH, RANGE OFFICER, 10 SHOOTING MEMBERS AND 2 ALTERNATES, WERE DIRECTED TO PROCEED FROM THEIR HOMES ON AUGUST 27, 1925, THE TRAIN SCHEDULE BEING ARRANGED FOR ALL THE MEMBERS TO ARRIVE AT CAMP PERRY AUGUST 29, 1925, AND UPON COMPLETION OF THE NATIONAL MATCHES TO RETURN TO THEIR HOMES.

THE UNITED STATES PROPERTY AND DISBURSING OFFICER WAS DIRECTED TO ISSUE THE NECESSARY TRANSPORTATION REQUESTS COVERING RAIL AND PULLMAN TRANSPORTATION, AND PARAGRAPH 10 THEREOF PROVIDED FURTHER AS FOLLOWS:

THE FOLLOWING OFFICERS AND ENLISTED MEN OF THE TEAM ARE HEREBY AUTHORIZED TO TRAVEL BY AUTOMOBILE FROM THEIR HOME STATIONS TO CAMP PERRY, OHIO, AND RETURN:

MAJOR A. T. CALLICOTT, 31ST DIV. TRAIN, SENATOBIA, MISS.

CAPTAIN ALLAN MCCLUER, 155TH INFANTRY, JACKSON, MISS.

SERGEANT JAMES C. MANNING, MOTOR TRANSPORT CO. NO. 122, SENATOBIA, MISS.

REIMBURSEMENT WILL BE MADE FOR GASOLINE, OIL, STORAGE CHARGES, AND TOLL CHARGES IN AN AMOUNT NOT EXCEEDING THE COST TO THE GOVERNMENT OF RAILROAD AND AUTHORIZED PULLMAN TRANSPORTATION CHARGES. REIMBURSEMENT VOUCHERS ACCOMPANIED BY TWO COPIES OF ORDERS AND RECEIPTS FOR THE ABOVE WILL BE SETTLED BY THE DISBURSING OFFICER, MILITIA BUREAU, WASHINGTON, D.C.

NOTATION ON THE VOUCHER SHOWS THAT THE JOURNEY IN QUESTION WAS MADE IN A "WHITE STAFF CAR" CARRYING THE TWO CLAIMANTS AND FOUR OTHERS WHO WERE NOT IN ANY WAY CONNECTED WITH THE RIFLE TEAM, AND THE RECEIPTS FOR STORAGE OF THE CAR REFERRED TO IT AS "U.S.A. 201432.'

ALL OF THE ITEMS OF EXPENSE ARE SUPPORTED BY RECEIPTS ISSUED TO MAJ. A. T. CALLICOTT. THE CLAIMS COVER ONLY THE JOURNEY TO CAMP PERRY; THE MANNER IN WHICH THE RETURN JOURNEY WAS MADE AND THE EXPENSES CONNECTED THEREWITH ARE NOT INDICATED.

IT HAS BEEN INFORMALLY ASCERTAINED FROM THE QUARTERMASTER DEPARTMENT OF THE ARMY THAT THE WHITE STAFF CAR HERE IN QUESTION WAS SHIPPED FROM COLUMBUS, OHIO, TO SENATOBIA, MISS., JUNE 20, 1924, FOR USE AT THAT PLACE BY THE MISSISSIPPI NATIONAL GUARD. NATIONAL GUARD REGULATIONS, 1922, PARAGRAPHS 811 AND 812, PROVIDE THAT PROPERTY ISSUED TO THE NATIONAL GUARD REMAINS THE PROPERTY OF THE UNITED STATES AND CAN NOT BE LOANED OR USED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH ISSUED. WHETHER THE USE OF THE AUTOMOBILE IN THE INSTANT CASE FOR THE TRANSPORTATION OF TWO MEMBERS OF THE RIFLE TEAM AND FOUR PERSONS NOT CONNECTED THEREWITH TO A DISTANT POINT OUTSIDE OF THE STATE WAS A PROPER USE OF SUCH GOVERNMENT PROPERTY IS NOT A MATTER FOR DETERMINATION BY THIS OFFICE.

IT IS ASSUMED THE AUTHORITY FOR TRANSPORTATION FOR THE JOURNEY IS BELIEVED TO BE FOUND IN SECTION 97 OF THE NATIONAL DEFENSE ACT, 39 STAT. 207, 4 COMP. GEN. 65. THAT SECTION PROVIDES THAT OFFICERS AND ENLISTED MEN SHALL BE ENTITLED TO---

* * * PAY AND TRANSPORTATION, AND ENLISTED MEN TO SUBSISTENCE IN ADDITION, AT THE SAME RATES AS FOR ENCAMPMENTS OR MANEUVERS FOR FIELD OR COAST-DEFENSE INSTRUCTIONS.

SECTION 94, PROVIDING FOR ENCAMPMENTS, AUTHORIZED---

* * * THE SAME * * * TRANSPORTATION AS OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY ARE OR HEREAFTER MAY BE ENTITLED BY LAW.

THE LATTER AUTHORIZATION APPLIES ONLY TO TRANSPORTATION WITH ORGANIZATIONS ATTENDING ENCAMPMENTS. IT IS TRAVEL WITH TROOPS, AND AUTHORIZES TRANSPORTATION BY THE USUAL MODES OF TRAVEL--- THAT IS, BY RAIL, OR BY MARCHING. IT IS NOT AUTHORITY FOR REIMBURSEMENT OF TRAVELING EXPENSES. 2 COMP. GEN. 420. THIS APPARENTLY IS UNDERSTOOD AND WHAT IS ASKED IS REIMBURSEMENT OF THE COST OF GAS, OIL, STORAGE, AND TOLLS, NOT EXCEEDING THE COST TO THE GOVERNMENT FOR RAIL TRANSPORTATION; AUTHORIZED WHERE AN OFFICER OR EMPLOYEE ENTITLED TO REIMBURSEMENT OF TRAVELING EXPENSES IS PERMITTED TO USE HIS OWN AUTOMOBILE IN LIEU OF TRAVELING BY RAIL. IN THIS CASE IT WAS GOVERNMENT-OWNED CAR AND THE WEAR AND TEAR IN THE COMPARATIVE CASE CONTRIBUTED BY THE TRAVELER, WHERE HE IS PERMITTED TO SELECT THIS MEANS OF TRANSPORTATION, IS BORNE BY THE GOVERNMENT.

THE VOUCHER DOES NOT INDICATE THE APPROPRIATION UNDER WHICH IT IS BELIEVED TO BE PAYABLE; 25 COMP. DEC. 653; PRESUMABLY IT IS "ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD, 1926," CONTAINED IN THE ACT OF FEBRUARY 12, 1925, 43 STAT. 901. THAT ACT, UNDER "ARMY TRANSPORTATION" CONTAINS THE FOLLOWING PROVISION:

NO MONEY APPROPRIATED BY THIS ACT SHALL BE EXPENDED FOR THE HIRE, OPERATION, MAINTENANCE, OR REPAIR OF ANY MOTOR-PROPELLED VEHICLE WHICH SHALL BE EMPLOYED WHOLLY OR IN PART FOR PERSONAL, SOCIAL, OR SIMILAR USE EXCEPT SUCH USE AS IS PRESCRIBED BY ORDER FOR THE TRANSPORTATION OF ARMY PERSONNEL IN CONNECTION WITH THE RECREATIONAL ACTIVITIES OF THE ARMY.

THIS MILITARY PROPERTY BELONGS TO THE UNITED STATES AND WAS ISSUED TO THE STATE OF MISSISSIPPI FOR THE TRAINING OF ITS NATIONAL GUARD; IT WAS USED FOR A JOURNEY TO A DISTANT POINT OUTSIDE OF THE STATE OF MISSISSIPPI BY TWO MEMBERS OF THE NATIONAL GUARD AND FOUR OTHER PERSONS. SUCH USE OF THE EQUIPMENT FURNISHED FOR THE TRAINING OF THE NATIONAL GUARD WAS NOT CONTEMPLATED NOR AUTHORIZED UNDER THE LAW PROVIDING FOR ITS ISSUE, AND REIMBURSEMENT OF THE AMOUNT EXPENDED BY THE OCCUPANTS FOR GASOLINE, OIL, ETC., MAY NOT BE MADE.