A-14100, A-15356, OCTOBER 7, 1926, 6 COMP. GEN. 240

A-14100,A-15356: Oct 7, 1926

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HE IS ACCORDINGLY NOT ENTITLED TO MILEAGE BUT MAY BE REIMBURSED FOR THE ACTUAL EXPENSES OF TRANSPORTATION. MILEAGE FROM SAN FRANCISCO TO WASHINGTON WAS DISALLOWED BECAUSE TRAVEL WAS PERFORMED WITH TROOPS. IT IS STATED IN YOUR SUBMISSIONS THAT THE PRIMARY PURPOSE OF THE BUREAU OF NAVIGATION IN ISSUING THE ORDERS IN QUESTION WAS DETACHMENT OF THESE OFFICERS FROM PERMANENT DUTY ON THESE VESSELS AND ASSIGNMENT TO OTHER PERMANENT DUTY. THAT ADDITIONAL DUTY ACCOMPANYING THE DETAIL OF INVALIDED MEN FROM SAN FRANCISCO TO WASHINGTON WAS FOR THE PURPOSE OF ELIMINATING EXPENSES WHICH WOULD HAVE BEEN INVOLVED IN SENDING AN OFFICER ON DUTY AT SAN FRANCISO WITH SUCH DETAIL AND RETURNING HIM TO HIS PERMANENT DUTY STATION.

A-14100, A-15356, OCTOBER 7, 1926, 6 COMP. GEN. 240

MILEAGE - TRAVEL WITHOUT TROOPS - NAVY IN VIEW OF THE LONG-CONTINUED USE OF THE EXPRESSION "TRAVELING WITHOUT TROOPS" IN THE ARMY, THE ARMY REGULATIONS FURNISH A PROPER DEFINITION OF THAT TERM WHEN APPLIED TO OTHER SERVICES BY SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631. ACCORDINGLY A NAVAL OFFICER WHEN TRAVELING UNDER ORDERS WITH 10 OR MORE HOSPITAL ATTENDANTS AND GUARDS CONVEYING A NUMBER OF INSANE PATIENTS TO A NAVAL HOSPITAL, CAN NOT BE CONSIDERED AS TRAVELING WITHOUT TROOPS NOTWITHSTANDING THE JOURNEY ALSO INVOLVES A CHANGE OF STATION FOR THE OFFICER, AND HE IS ACCORDINGLY NOT ENTITLED TO MILEAGE BUT MAY BE REIMBURSED FOR THE ACTUAL EXPENSES OF TRANSPORTATION, INCLUDING PULLMAN CHARGES AND ANY TRANSFER CHARGES EN ROUTE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, OCTOBER 7, 1926:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF DISALLOWANCE IN THE DISBURSING ACCOUNT OF LIEUT. B. L. LANKFORD, (S.C.), UNITED STATES NAVY, FOR THE SECOND QUARTER, 1926, OF PAYMENTS OF MILEAGE TO LIEUT. COMMANDER ROBERT G. DAVIS (M.C.), UNITED STATES NAVY, AND LIEUT. (J.G.) JAMES E. ROOT (M.C.), UNITED STATES NAVY, FOR TRAVEL PERFORMED FROM SAN FRANCISCO, CALIF., TO WASHINGTON, D.C., UNDER ORDERS WHICH DETACHED THESE OFFICERS FROM DUTY ON BOARD THE U.S.S. AROOSTOOK AND THE U.S.S. MARYLAND, RESPECTIVELY, AND DIRECTED THEM TO REPORT TO THE COMMANDANT TWELFTH NAVAL DISTRICT FOR TEMPORARY DUTY IN CONNECTION WITH THE TRANSFER OF A DRAFT OF INSANE PATIENTS FROM THE STATE HOSPITAL FOR THE INSANE AT NAPA, CALIF., TO THE UNITED STATES NAVAL HOSPITAL AT WASHINGTON, AND UPON COMPLETION OF SUCH TEMPORARY DUTY LIEUTENANT COMMANDER DAVIS, TO DUTY IN THE BUREAU OF MEDICINE AND SURGERY AT WASHINGTON, D.C., AND LIEUTENANT ROOT TO PROCEED TO NEW YORK, N.Y., AND REPORT FOR DUTY AT THE UNITED STATES NAVAL HOSPITAL. MILEAGE FROM SAN FRANCISCO TO WASHINGTON WAS DISALLOWED BECAUSE TRAVEL WAS PERFORMED WITH TROOPS.

IT IS STATED IN YOUR SUBMISSIONS THAT THE PRIMARY PURPOSE OF THE BUREAU OF NAVIGATION IN ISSUING THE ORDERS IN QUESTION WAS DETACHMENT OF THESE OFFICERS FROM PERMANENT DUTY ON THESE VESSELS AND ASSIGNMENT TO OTHER PERMANENT DUTY, AND THAT ADDITIONAL DUTY ACCOMPANYING THE DETAIL OF INVALIDED MEN FROM SAN FRANCISCO TO WASHINGTON WAS FOR THE PURPOSE OF ELIMINATING EXPENSES WHICH WOULD HAVE BEEN INVOLVED IN SENDING AN OFFICER ON DUTY AT SAN FRANCISO WITH SUCH DETAIL AND RETURNING HIM TO HIS PERMANENT DUTY STATION; THAT THE OFFICERS WERE IN AN ACTUAL TRAVEL STATUS INVOLVING A PERMANENT CHANGE OF DUTY STATIONS, AND THAT ASSIGNMENT TO ADDITIONAL DUTY WAS BUT INCIDENTAL TO THE PRIMARY PURPOSE OF THE ORDERS.

IN LETTER OF AUGUST 11, 1926, RELATIVE TO THE NUMBER OF PATIENTS AND ATTENDANTS COMPOSING THE DRAFT OF MEN TRANSFERRED UNDER SAID ORDERS,THE CHIEF OF THE BUREAU OF NAVIGATION MADE THE FOLLOWING STATEMENT:

1. IN REPLY TO REFERENCE THE COMPTROLLER GENERAL IS ADVISED THAT THE RECORDS OF THE BUREAU INDICATE THAT TRANSPORTATION REQUESTS N 69809-10-11- 12 WERE ISSUED TO COVER TRAVEL OF OFFICERS, ATTENDANTS, GUARDS, AND PATIENTS TRANSFERRED FROM THE WEST COAST TO WASHINGTON, D.C.

2. THERE WERE TWO MEDICAL OFFICERS IN CHARGE, ROBERT G. DAVIS, LT. COMDR. (M.C.), U.S.N., AND JAMES E. ROOT, JR., LIEUT. (J.G.) (M.C.), U.S.N. THERE WERE FOURTEEN HOSPITAL CORPS ATTENDANTS, NINE MARINE GUARDS, AND THIRTY-SEVEN PATIENTS--- ONE OFFICER AND THIRTY-SIX ENLISTED MEN.

3. REQUEST N-69809 COVERED ONE TICKET FOR LIEUT. COMDR. DAVIS; REQUEST N -69810 ONE TICKET FOR LIEUTENANT ROOT; REQUEST N-69811 TRANSPORTATION FOR SIXTY ATTENDANTS, GUARDS, AND PATIENTS. TRANSPORTATION REQUEST N-69812 COVERED PULLMAN ACCOMMODATIONS FOR FIFTY-THREE MEN.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AUTHORIZED MILEAGE TO OFFICERS "WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS.' THE ACT OF JUNE 12, 1906, 34 STAT. 246, WHICH GOVERNED MILEAGE OF ARMY OFFICERS PRIOR TO THE ACT OF JUNE 10, 1922, PROVIDED:

* * * THAT HEREAFTER OFFICERS, ACTIVE AND RETIRED, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, * * * SHALL BE PAID SEVEN CENTS PER MILE AND NO MORE; * * *. THE SECRETARY OF WAR MAY DETERMINE WHAT SHALL CONSTITUTE TRAVEL AND DUTY WITHOUT TROOPS WITHIN THE MEANING OF THE LAWS GOVERNING THE PAYMENT OF MILEAGE AND COMMUTATION OF QUARTERS TO OFFICERS OF THE ARMY. * * *

THE ACT OF 1906 IS IDENTICAL WITH THE ACT OF 1922 WITH RESPECT TO THE REQUIREMENT THAT RIGHT TO MILEAGE ACCRUES ONLY WHEN THE TRAVEL IS WITHOUT TROOPS. THE LAW AUTHORIZES THE SECRETARY OF WAR TO DETERMINE WHAT SHALL CONSTITUTE TRAVEL WITHOUT TROOPS. IN SO FAR AS OTHER SERVICES THAN THE ARMY ARE CONCERNED, WHETHER THE TRAVEL IS WITHOUT TROOPS IS A MATTER TO BE DETERMINED FROM THE FACTS IN ANY PARTICULAR CASE.

IT HAD BEEN HELD, 7 COMP. DEC. 164, THAT AN OFFICER OF THE ARMY WHO IS TRAVELING ON DUTY UNDER ORDERS WITH ONE OR MORE ENLISTED MEN WAS NOT ENTITLED TO MILEAGE UNDER THE ANNUAL APPROPRIATION THEREFOR FOR THE ARMY WHICH WAS LIMITED TO OFFICERS TRAVELING ON DUTY WITHOUT TROOPS. THE CONGRESS THEREUPON, BY THE ACT OF MARCH 2, 1901, 31 STAT. 901, CONFERRED UPON THE SECRETARY OF WAR AUTHORITY TO DETERMINE WHAT SHOULD CONSTITUTE TRAVEL AND DUTY WITH TROOPS, SUBSTANTIALLY AS IN THE LATER ACT OF 1906, QUOTED. THE PHRASE HAVING LONG BEEN USED IN THE ARMY, THE DEPARTMENTAL CONSTRUCTIONS THEREOF UNDER THE ACTS OF 1901 AND 1906 ARE APPROPRIATELY FOR APPLICATION TO OFFICERS OF OTHER SERVICES UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, NOT, OF COURSE, AS A REGULATION BUT AS A DEFINITION OF THE TERM "WITHOUT TROOPS.'

PARAGRAPH 128L OF ARMY REGULATIONS, 1919, PROVIDES:

1281. (CHANGED BY C.A.R. NO. 53.) "TRAVELING WITH TROOPS" WILL BE REGARDED AS COVERING ALL CASES OF OFFICERS INCLUDED (A) IN ORDERS FOR MOVEMENT, IN WHATEVER MANNER, OF THEIR APPROPRIATE COMMANDS; (B) IN ORDERS FOR MOVEMENT OF DETACHMENTS, ESCORTS, OR STORES, WHICH PROCEED BY MARCHES OR BY TRANSPORTATION BELONGING TO OR ESPECIALLY HIRED FOR THE PURPOSE BY THE UNITED STATES, THE IDEA THAT IN MARCHES THE OFFICERS SHOULD MOVE AS TO DO THE TROOPS AND THAT WHERE TRANSPORTATION IS SPECIALLY DEVOTED TO THE MOVEMENT IT IS SUFFICIENT FOR ALL INCLUDED THEREIN; OR (C) IN ORDERS DIRECTING OFFICERS TO ACCOMPANY TROOPS. BUT THE TERM WILL NOT BE REGARDED AS COVERING CASES OF OFFICERS INCLUDED IN THE MOVEMENT BY RAILROAD, STAGE, OR LIKE ESTABLISHED LINES OF CONVEYANCES, OF DETACHMENTS OF LESS THAN 10 ARMED OR UNARMED MEN, SUCH AS GUARDS AND NURSES FOR DISABLED OR INSANE OFFICERS OR SOLDIERS, AND ESCORTS FOR INSPECTORS, QUARTERMASTERS, AND OTHERS, OR THE PUBLIC FUNDS OR PROPERTY IN THEIR CHARGE; OR AS COVERING TRAVEL BY OFFICERS WITH RECRUITING PARTIES OF LESS THAN 10 MEN, WHEN IT IS NECESSARY TO BE ABSENT FROM THEIR REGULAR STATION FOR MORE THAN 24 HOURS, WHETHER THE TRAVEL BE PERFORMED BY SUCH ESTABLISHED LINES OF CONVEYANCES OR BY TRANSPORTATION BELONGING TO OR SPECIALLY HIRED FOR THE PURPOSE BY THE UNITED STATES. (C.A.R. NO. 89, JUNE 16, 1919.)

UNDER THE PROVISIONS OF LAW THE MATERIAL FACTS ARE WHETHER THE TRAVEL IS PERFORMED WITH TROOPS, AND IT MATTERS NOT THAT THE PRIMARY OBJECT OF THE OFFICER'S ORDERS IS TO EFFECT A PERMANENT CHANGE OF STATION IN THE INTEREST OF ECONOMICAL ADMINISTRATION. SO FAR AS THE OFFICER'S RIGHT TO MILEAGE IS CONCERNED, THE FACTS MATERIAL THERETO ARE WHETHER THE TRAVEL AS ACTUALLY PERFORMED CONSTITUTES TRAVEL "WITHOUT TROOPS" WITHIN THE INTENT OF THE MILEAGE LAW.

IN THIS CASE THE FACTS SHOW THAT THESE OFFICERS WERE ORDERED TO TEMPORARY DUTY IN CONNECTION WITH THE CONVEYANCE OF A DRAFT OF 14 HOSPITAL CORPS ATTENDANTS, 9 MARINE GUARDS, AND 37 PATIENTS FROM NAPA, CALIF., TO WASHINGTON, D.C. CLEARLY THE DETACHMENT OF 14 HOSPITAL ATTENDANTS AND 9 MARINE GUARDS WITH WHOM THESE OFFICERS TRAVELED FROM SAN FRANCISCO, CALIF., TO WASHINGTON, D.C., CONSTITUTED TROOPS WITHIN THE MEANING OF SECTION 12 OF THE ACT OF JUNE 10, 1922, AND THEREFORE LIEUTENANT COMMANDER DAVIS AND LIEUTENANT (J.G.) ROOT ARE NOT ENTITLED TO MILEAGE FOR SAID TRAVEL. 25 COMP. DEC. 819; 26 ID. 159; 27 ID. 502. THEY ARE, HOWEVER, ENTITLED TO THE TRANSPORTATION FURNISHED AND TO REIMBURSEMENT OF COST OF PULLMAN NOT EXCEEDING COST TO GOVERNMENT AND ANY TRANSFERS EN ROUTE UPON SUBMISSION OF EVIDENCE OF PAYMENT FOR SUCH SERVICE. OTHERWISE THE SETTLEMENT MUST BE SUSTAINED.