A-15071, A-15072, A-15877, A-15906, JANUARY 7, 1927, 6 COMP. GEN. 443

A-15071,A-15877,A-15906,A-15072: Jan 7, 1927

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TRAVELING EXPENSES - AIR TRAVEL - NAVY OFFICERS OF THE NAVY ARE ENTITLED UNDER SECTION 20 OF THE ACT OF JUNE 10. TO REIMBURSEMENT OF EXPENSES INCURRED WHILE TRAVELING BY AIR ONLY TO THE SAME EXTENT AS IS AUTHORIZED FOR OFFICERS OF THE ARMY. AN OFFICER INCLUDED IN ORDERS FOR THE MOVEMENT IN WHATEVER MANNER OF HIS APPROPRIATE COMMAND IS ON DUTY WITH TROOPS AND IS NOT ENTITLED TO REIMBURSEMENT OF EXPENSES INCURRED IN CONNECTION WITH SUCH MOVEMENT. OFFICERS OF THE NAVY PERFORMING UNDER ORDERS CROSS-COUNTRY FLIGHTS FOR PURPOSES OF TRAINING ARE NOT IN A TRAVEL STATUS AND ARE NOT ENTITLED TO REIMBURSEMENT OF EXPENSES OF SUBSISTENCE INCURRED DURING SUCH FLIGHTS. BY WHICH WERE DISALLOWED THE CLAIMS OF THE RESPECTIVE OFFICERS FOR REIMBURSEMENT OF TRAVELING EXPENSES WHILE PARTICIPATING IN THE EXERCISES AT SAN FRANCISCO.

A-15071, A-15072, A-15877, A-15906, JANUARY 7, 1927, 6 COMP. GEN. 443

TRAVELING EXPENSES - AIR TRAVEL - NAVY OFFICERS OF THE NAVY ARE ENTITLED UNDER SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, AS AMENDED, TO REIMBURSEMENT OF EXPENSES INCURRED WHILE TRAVELING BY AIR ONLY TO THE SAME EXTENT AS IS AUTHORIZED FOR OFFICERS OF THE ARMY. THE ACT OF JULY 11, 1919, 41 STAT. 109, AUTHORIZES REIMBURSEMENT OF EXPENSES OF OFFICERS ON DUTY WITHOUT TROOPS WHEN TRAVELING BY AIR UNDER COMPETENT ORDERS. AN OFFICER INCLUDED IN ORDERS FOR THE MOVEMENT IN WHATEVER MANNER OF HIS APPROPRIATE COMMAND IS ON DUTY WITH TROOPS AND IS NOT ENTITLED TO REIMBURSEMENT OF EXPENSES INCURRED IN CONNECTION WITH SUCH MOVEMENT. OFFICERS OF THE NAVY PERFORMING UNDER ORDERS CROSS-COUNTRY FLIGHTS FOR PURPOSES OF TRAINING ARE NOT IN A TRAVEL STATUS AND ARE NOT ENTITLED TO REIMBURSEMENT OF EXPENSES OF SUBSISTENCE INCURRED DURING SUCH FLIGHTS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JANUARY 7, 1927:

THERE HAS BEEN RECEIVED YOUR FOURTH INDORSEMENT OF JULY 12, 1926, REQUESTING REVIEW OF SETTLEMENTS OF MAY 18, 1926, OF THE CLAIMS OF LIEUT. GERALD F. BOGAN, UNITED STATES NAVY (NO. 056765), AND LIEUT. (JUNIOR GRADE) WILLIAM C. ALLISON, UNITED STATES NAVY (NO. 150722-N), BY WHICH WERE DISALLOWED THE CLAIMS OF THE RESPECTIVE OFFICERS FOR REIMBURSEMENT OF TRAVELING EXPENSES WHILE PARTICIPATING IN THE EXERCISES AT SAN FRANCISCO, CALIF., ON NAVY DAY, OCTOBER 27, 1925, THE DISALLOWANCE HAVING BEEN IN ACCORDANCE WITH DECISION OF FEBRUARY 25, 1926, A-11628, IN THE CASE OF LIEUT. LOGAN C. RAMSEY, UNITED STATES NAVY, AS THE OFFICERS WERE A PART OF THE PERSONNEL OF A NAVY UNIT AND WERE OPERATING AS A PART THEREOF.

THERE SEEMS TO BE A MISAPPREHENSION AS TO THE RIGHTS OF OFFICERS OF THE NAVY DETAILED TO DUTY INVOLVING FLYING, TO REIMBURSEMENT FOR EXPENSES OF TRAVEL BY AIR, UNDER SECTION 20 OF THE ACT OF JUNE 10, 1922. IN YOUR INDORSEMENT FORWARDED WITH THESE CLAIMS YOU REFER TO YOUR INDORSEMENT OF MAY 26, 1926, TRANSMITTING THE REQUEST OF LIEUTENANT RAMSEY FOR A REVIEW OF THE DISALLOWANCE OF HIS CLAIM FOR REIMBURSEMENT OF TRAVELING EXPENSES IN CONNECTION WITH AIR TRAVEL TO POLAND SPRINGS, ME., UNDER ORDERS OF JUNE 20, 1925. YOU TRANSMITTED WITH YOUR INDORSEMENT IN THAT CASE THE CONCLUSIONS OF LIEUTENANT RAMSEY AND THE CHIEF OF THE BUREAU OF AERONAUTICS THAT LIEUTENANT RAMSEY WAS NOT TRAVELING WITH, OR AS A PART OF, A NAVAL AVIATION UNIT AND CONCURRED IN THOSE CONCLUSIONS. THE FACTS SUBMITTED SHOWED SUCH CONCLUSIONS TO HAVE BEEN CORRECT. IN THE CASES OF BOGAN AND ALLISON IT IS AS CLEARLY SHOWN THAT THEY WERE OPERATING WITH AND AS A PART OF A NAVAL UNIT. THE CHARACTER OF CLAIMS FILED BY NAVAL PERSONNEL SUGGESTS THE VIEW OF THE CLAIMANTS TO BE THAT ANY EXPENSE OF SUBSISTENCE INCURRED IN CONNECTION WITH FLYING DUTY IS REIMBURSABLE WITHIN THE LIMITS FIXED. THERE IS NO SUCH SITUATION OR PRACTICE IN THE ARMY, AND THE ARMY STATUTES LEND NO SUPPORT TO THE NAVY VIEW. THE PRACTICE IN THE NAVY PRIOR TO JULY 1, 1922, CAN NOT FORM A BASIS FOR THE VIEW, FOR UNDER THE ACT OF JUNE 30, 1914, 38 STAT. 410, THAT "NO MILEAGE SHALL BE PAID TO ANY OFFICER WHERE GOVERNMENT TRANSPORTATION IS FURNISHED SUCH OFFICER," OFFICERS OF THE NAVY, PRIOR TO JULY 1, 1922, WERE ENTITLED TO NO FORM OF REIMBURSEMENT FOR EXPENSES OF UNREPEATED TRAVEL IN THE UNITED STATES WHEN TRAVELING IN GOVERNMENT OWNED AIRCRAFT. IT IS POSSIBLE THAT PAYMENTS BY DISBURSING OFFICERS OF THE NAVY UNDER THE MISTAKEN VIEW AS TO THE RIGHTS GIVEN UNDER THE ASSIMILATION CONTAINED IN SECTION 20 OF THE ACT OF JUNE 10, 1922, WHICH WERE NOT QUESTIONED IN THE AUDIT OF THEIR ACCOUNTS AND POSSIBLY ALSO SETTLEMENTS OF CLAIMS IN THIS OFFICE SINCE JULY 1, 1922, HAVE BEEN RESPONSIBLE FOR THE VIEW TAKEN.

SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, AS AMENDED BY SECTION 4 OF THE ACT OF MAY 31, 1924, 43 STAT. 251 (FURTHER AMENDED BY SECTION 6 OF THE ACT OF JULY 2, 1926, 44 STAT. 783, BUT THE AMENDMENT IS NOT HERE MATERIAL), PROVIDES:

THAT ALL OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF ALL BRANCHES OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD, WHEN DETAILED TO DUTY INVOLVING FLYING, SHALL RECEIVE THE SAME INCREASE OF THEIR PAY AND THE SAME ALLOWANCE FOR TRAVELING EXPENSES AS ARE NOW AUTHORIZED FOR THE PERFORMANCE OF LIKE DUTIES IN THE ARMY. * * * OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTIONS 92, 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AND OF THE RESERVES OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT CALLED TO ACTIVE DUTY SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHILE ON DUTY REQUIRING THEM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN SUCH FLYING DUTY INVOLVES TRAVEL THEY SHALL ALSO RECEIVE THE SAME ALLOWANCES FOR TRAVELING EXPENSES AS ARE OR HEREAFTER MAY BE AUTHORIZED FOR THE REGULAR ARMY. REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION SHALL BE MADE BY THE PRESIDENT AND SHALL, WHENEVER PRACTICABLE IN HIS JUDGMENT, BE UNIFORM FOR ALL THE SERVICES CONCERNED.

IT IS OBSERVED THAT "THE SAME ALLOWANCE FOR TRAVELING EXPENSES AS ARE NOW AUTHORIZED FOR THE PERFORMANCE OF LIKE DUTIES IN THE ARMY" ARE PROVIDED BY THIS SECTION FOR NAVAL PERSONNEL. THAT ALL MOVEMENT IN AN AIRPLANE IS NOT "TRAVEL" IS APPARENT FROM THE AMENDMENT OF MAY 31, 1924, EXTENDING TO OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD AND OF THE RESERVES ON ACTIVE DUTY 50 PERCENT INCREASE OF PAY FOR FLYING DUTY, WITH THE PROVISION THAT "WHEN SUCH FLYING DUTY INVOLVES TRAVEL THEY SHALL ALSO RECEIVE THE SAME ALLOWANCES FOR TRAVELING EXPENSES," ETC.; THAT IS, THE ALLOWANCES FOR TRAVELING EXPENSES ARE AUTHORIZED ONLY WHEN "TRAVELING," AS THAT TERM IS USED WITH RESPECT TO REIMBURSEMENT OF EXPENSES OR MILEAGE.

THE ACT OF JULY 11, 1919, 41 STAT. 109, PROVIDES:

* * * THAT HEREAFTER ACTUAL AND NECESSARY EXPENSES ONLY, NOT TO EXCEED $8 PER DAY, SHALL BE PAID TO OFFICERS OF THE ARMY AND CONTRACT SURGEONS WHEN TRAVELING BY AIR ON DUTY WITHOUT TROOPS, UNDER COMPETENT ORDERS. * * *

THIS ENACTMENT APPARENTLY MEETS THE HOLDING OF THE FORMER COMPTROLLER OF THE TREASURY, 25 COMP. DEC. 234, QUOTING FROM THE SYLLABUS, THAT:

OFFICERS OF THE ARMY TRAVELING BY AIRPLANE UNDER COMPETENT ORDERS ARE NOT IN A MILEAGE STATUS WITHIN THE MEANING OF THE LAWS GOVERNING SUCH ALLOWANCES.

THE ACT OF JUNE 12, 1906, 34 STAT. 246, AUTHORIZING MILEAGE, THEN IN EFFECT IN THE ARMY, PROVIDED:

* * * HEREAFTER OFFICERS, ACTIVE AND RETIRED, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS * * * SHALL BE PAID SEVEN CENTS PER MILE AND NO MORE. * * *

SUBSTANTIALLY, THEREFORE, THE ENACTMENT OF 1919 SO FAR AS THE CONDITIONS OF PAYMENT ARE CONCERNED IS A REENACTMENT OF THE ARMY MILEAGE LAW THEN IN EFFECT WITH THE INCLUSION OF THE WORDS ,BY AIR," MAKING IT READ "WHEN TRAVELING BY AIR.' ANY MOVEMENT WHICH, WERE IT BY THE ORDINARY OR USUAL MODES OF TRAVEL, WOULD NOT HAVE ENTITLED THE OFFICER TO MILEAGE MAY NOT BE REIMBURSED AS FOR "TRAVEL" BY AIR UNDER THIS STATUTE. THE TERM "STATUS" HAS BEEN UTILIZED FREQUENTLY IN DECISIONS OF THE ACCOUNTING OFFICERS AND IN ADMINISTRATIVE PRACTICE, IN CONJUNCTION WITH THE WORDS "TRAVEL" OR "MILEAGE," TO INDICATE THE SITUATION OF AN OFFICER OR EMPLOYEE ENTITLED TO REIMBURSEMENT OF EXPENSES; FOR EXAMPLE, AN OFFICER OR EMPLOYEE TRAVELING ON PUBLIC BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY UNDER ORDERS IS SAID TO BE IN A "TRAVEL STATUS" AND AN OFFICER OF THE ARMY OR NAVY TRAVELING UNDER ORDERS ENTITLING HIM TO MILEAGE IS SAID TO BE IN A "MILEAGE STATUS; " THAT IS, BEING IN THE STATUS OF ENTITLED TO REIMBURSEMENT FOR TRAVELING EXPENSES OR PAYMENT OF MILEAGE. IT IS ONLY WHEN AN ARMY OFFICER IS IN A TRAVEL STATUS, OR, WERE THE TRAVEL UPON LAND IN THE UNITED STATES INSTEAD OF BY AIR, IN A MILEAGE STATUS, THAT HE IS ENTITLED TO REIMBURSEMENT OF EXPENSES FOR TRAVEL BY AIR UNDER THE ACT OF 1919. AN OFFICER OF THE ARMY IS NOT IN A MILEAGE STATUS WHEN MOVING WITH HIS COMMAND.

PARAGRAPH 1281 OF THE ARMY REGULATIONS, 1913, PROVIDES:

"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; * * *. (SEE TO THE SAME EFFECT A.R. 35 4820, PARAGRAPH 3 (A) NOW IN EFFECT.)

THE CLAIMS OF THE TWO OFFICERS SHOW THAT TELEGRAM OF OCTOBER 23, 1925, WAS ADDRESSED TO THE BUREAU OF NAVIGATION AS FOLLOWS:

0123. THE APPROVAL OF THE BUREAU OF NAVIGATION IS REQUESTED TO ORDER CERTAIN OFFICERS TO TRAVEL BY AIR AND CERTAIN ENLISTED MEN BY AUTOMOBILE TRANSPORTATION WHICH HAS BEEN OTHERWISE ARRANGED FOR, TO ACCORD WITH COMMANDER IN CHIEF BATTLE FLEET ORDERS FOR THE PARTICIPATION OF FIGHTING PLANE SQUADRON ONE IN NAVY DAY ACTIVITIES IN THE VICINITY OF SAN FRANCISCO, AS FOLLOWS: LIEUT. COMMANDER RALPH WOOD, LIEUTS. G. F. BOGAN, T. G. FISHER, M. B. STONESTREET, J. E. DYER, D. RITTENHOUSE, C. C. FERRENZ, E. W. LITCH, F. L. BAKER, W. G. TOMLINSON; LIEUTS. (JUNIOR GRADE) E. L. ADAMS, J. PERRY, W. C. ALLISON, J. V. CARNEY, C. H. LEWIS; AND THE FOLLOWING ENLISTED MEN: BERT STRAND, A.C.C.M.; EMIL ODIN ERICKSON, A.C.R.; GUY JOHNS NORWOOD, A.M.M., FIRST CLASS; WILLIAM EDWARD LEYLAND, A.M.M., FIRST CLASS; WILLIS BOYCE MCLENDON, A.M.M., FIRST CLASS; HUNTER ELLINGTON TURNAGE, A.M.M., SECOND CLASS; ALVIN CHARLES WILSON, A.C.M.M., 1015.

TO WHICH REPLY WAS MADE OCTOBER 24, AS FOLLOWS:

6424. YOUR 0123, 1005, AND 0123, 1145. AUTHORITY HEREBY GRANTED; ISSUE ORDERS TO OFFICERS CONNECTION FLIGHT TO VICINITY SAN FRANCISCO. CLAIMS FOR EXPENSES ACCOMPANIED BY ORIGINAL ORDERS TO BE FORWARDED VIA BUREAU OF NAVIGATION. 1402.

A CERTIFIED COPY OF THE ORDER ISSUED TO LIEUT. COMMANDER RALPH WOOD, UNITED STATES NAVY, OCTOBER 23, 1925, IS AS FOLLOWS:

UNITED STATES FLEET,

AIRCRAFT SQUADRONS BATTLE FLEET,

U.S.S.'LANGLEY," FLAGSHIP,

SAN DIEGO, CALIFORNIA, 23 OCTOBER, 1926. FROM: COMMANDER AIRCRAFT SQUADRONS, BATTLE FLEET. TO: LIEUTENANT COMMANDER RALPH WOOD, U.S. NAVY. SUBJECT: ORDERS.

1. UPON RECEIPT OF THESE ORDERS AND NOT LATER THAN 24 OCTOBER, 1925, YOU WILL PROCEED BY AIR TO THE NAVY YARD, MARE ISLAND, CALIFORNIA, WITH THE SQUADRON UNDER YOUR COMMAND AND REPORT TO THE COMMANDING OFFICER, U.S.S. LANGLEY, AND REPRESENTATIVE OF THE COMMANDANT OF THE TWELFTH NAVAL DISTRICT FOR DUTY. YOU WILL REPORT IN PERSON TO THE COMMANDANT OF THE TWELFTH NAVAL DISTRICT AT SAN FRANCISCO, NOT LATER THAN 11.45, 26 OCTOBER, 1925. YOU WILL MAKE SUCH STOPS EN ROUTE AS ARE REQUIRED FOR GASOLINE AND SERVICING OF THE PLANES UNDER YOUR COMMAND.

2. UPON COMPLETION OF CONFERENCE WITH THE COMMANDANT OF THE TWELFTH NAVAL DISTRICT, PROCEED TO THE NAVY YARD, MARE ISLAND, AND REPORT TO THE COMMANDING OFFICER OF THE U.S.S. LANGLEY FOR BERTHING OF PERSONNEL AND CARE OF MATERIAL AT THAT YARD.

3. UPON COMPLETION OF THE ABOVE DUTY AND WHEN DIRECTED BY THE COMMANDANT OF THE TWELFTH NAVAL DISTRICT, YOU WILL RETURN WITH THE SQUADRON UNDER YOUR COMMAND TO THE BASE AT NORTH ISLAND, SAN DIEGO, CALIFORNIA, WITH AS LITTLE DELAY AS NECESSARY EN ROUTE.

J. M. REEVES.

(FIRST ENDORSEMENT) (12030-P)

20 OCTOBER, 1925. WOOD, R., LT.COMDR., U.S.N.,

DISTRICT STAFF HEADQUARTERS, 12TH NAVAL DISTRICT,

SAN FRANCISCO, CALIFORNIA: FROM: COMMANDANT, 12TH NAVAL DISTRICT AND NAVAL OPERATING BASE. TO: LIEUTENANT COMMANDER RALPH WOOD, U.S.N.

1. REPORTED. PROCEED TO MARE ISLAND IN ACCORDANCE WITH ORDERS AND ARRANGE WITH COMMANDING OFFICER, U.S.S. LANGLEY AS TO FIELD FROM WHICH TO OPERATE OVER NAVY DAY. WHEN FLYING IS COMPLETED NAVY DAY (OCTOBER 27TH) PROCEED TO SAN DIEGO AT DISCRETION.

J. R. DAYTON,

COMMANDANT.

THEREUPON LIEUT. COMMANDER WOOD ISSUED THE FOLLOWING ORDER TO LIEUTENANT BOGAN:

UNITED STATES FLEET,

AIRCRAFT SQUADRONS, BATTLE FLEET,

FIGHTING PLANE, SQUADRON ONE,

SAN DIEGO, CALIF., 24 OCTOBER, 1925. FROM: COMMANDING OFFICER. TO: LIEUTENANT G. F. BOGAN, U.S. NAVY. SUBJECT: ORDERS. REFERENCE: (A) COMAIRONS, BF, LETTER (5218) OF 23 OCTOBER, 1925. ENCLOSURE: (A) COPY OF REFERENCE (A).

1. YOU WILL TAKE CHARGE OF PLANE 1-F-3 AND REPORT TO SQUADRON COMMANDER, VF SQUADRON ONE, FOR DUTY IN CONNECTION WITH FLIGHT OF THIS SQUADRON FROM SAN DIEGO, CALIFORNIA, TO MARE ISLAND, CALIFORNIA, ON 24 OCTOBER, 1925, AND RETURN AS DIRECTED.

RALPH WOOD.

(FIRST ENDORSEMENT)

SAN DIEGO, CALIFORNIA, 24 OCTOBER, 1925. FROM: COMMANDING OFFICER. TO: LIEUTENANT G. F. BOGAN, U.S. NAVY.

1. REPORTED.

2. YOU WILL PROCEED BY AIR IN COMPANY WITH PLANES OF THIS SQUADRON AS PER OPERATIONS ORDER NUMBER 3-25 AND ACCOMPANYING INSTRUCTIONS.

3. YOU WILL ENDORSE THESE ORDERS WITH DATA COVERING SUCH STOPS AS ARE NECESSITATED FOR ANY REASON ON THIS FLIGHT. SHOW TIME AND DATES OF ARRIVALS AND DEPARTURES AT ALL STOPS.

4. SUBMIT THESE ORDERS FOR APPROVAL UPON COMPLETION OF FLIGHT AND RETURN TO THIS STATION.

RALPH WOOD.

THE ORDER TO LIEUT. (JUNIOR GRADE) W. C. ALLISON WAS THE SAME, EXCEPT THAT HE WAS DIRECTED TO TAKE CHARGE OF PLANE NO. 1-F-12. A COPY OF AN "OPERATION ORDER" HAS ALSO BEEN FURNISHED, AS FOLLOWS:

UNITED STATES FLEET,

AIRCRAFT SQUADRONS, BATTLE FLEET,

FIGHTING PLANE SQUADRON ONE,

SAN DIEGO, CALIF., 22 OCTOBER, 1925. OPERATION ORDER NO. 3-1925.

TASK ORGANIZATION

(A) TWELVE PLANES VF SQUADRON ONE, LIEUTENANT COMMANDER R. E. WOOD, U.S.N. 1. OCTOBER TWENTY-SEVENTH IS NAVY DAY.

2. VF SQUADRON ONE WILL PROCEED TO SAN FRANCISCO AREA BY AIR ON TWENTY- FOUR OCTOBER, TO PARTICIPATE IN NAVY DAY ACTIVITIES.

3. FLIGHT TO SAN FRANCISCO WILL BE MADE IN ACCORDANCE WITH EXISTING INSTRUCTIONS AND SUCH AS MAY BE LATER PROMULGATED.

4. DIVISIONS FUEL AS DIRECTED BY FLIGHT INSTRUCTIONS.

G. F. BOGAN,

LIEUTENANT, U.S. NAVY, OPERATIONS OFFICER.

APPROVED: RALPH WOOD,

LIEUTENANT COMMANDER, U.S.N., COMMANDING.

IT APPEARS FROM THESE ORDERS THAT AT LEAST ON OCTOBER 22, 1925, IT HAD BEEN DETERMINED THAT ,TWELVE PLANES VF SQUADRON ONE" UNDER THE COMMAND OF LIEUT. COMMANDER R. F. WOOD, UNITED STATES NAVY, WOULD PARTICIPATE IN THE NAVY DAY EXERCISES; THAT ON OCTOBER 23, 1925, ORDERS WERE ISSUED FROM THE FLAGSHIP OF THE AIRCRAFT SQUADRONS OF THE BATTLE FLEET TO THE COMMANDING OFFICER OF VF SQUADRON ONE, AND THAT HE THEREUPON ISSUED INDIVIDUAL ORDERS TO THE OFFICERS OF HIS COMMAND TO TAKE CHARGE OF PARTICULAR PLANES; AND THAT THE NAVY DEPARTMENT'S APPROVAL WAS REQUESTED TO---

ORDER CERTAIN OFFICERS TO TRAVEL BY AIR * * * TO ACCORD WITH COMMANDER IN CHIEF BATTLE FLEET ORDERS FOR PARTICIPATION OF FIGHTING PLANE SQUADRON ONE IN NAVY DAY ACTIVITIES IN THE VICINITY OF SAN FRANCISCO * * *

ONLY FOR THE PURPOSE OF REIMBURSING EXPENSES TO THE OFFICERS.

OFFICERS INCLUDED IN ORDERS FOR MOVEMENT IN WHATEVER MANNER OF THEIR APPROPRIATE COMMANDS ARE TRAVELING WITH TROOPS. THE ACT OF JULY 11, 1919, DOES NOT AUTHORIZE REIMBURSEMENT OF EXPENSES FOR TRAVEL BY AIR WHEN THE TRAVEL IS WITH TROOPS. LIEUTENANTS BOGAN AND ALLISON WERE INCLUDED IN ORDERS FOR THE MOVEMENT OF THEIR APPROPRIATE COMMANDS. THEY WERE TRAVELING WITH TROOPS. THEY ARE NOT ENTITLED TO REIMBURSEMENT OF ANY FORM OF EXPENSES IN CONNECTION WITH THAT MOVEMENT OF THEIR APPROPRIATE COMMAND. THE LAW AND FACTS ARE SO CLEAR THAT THE MERE RECITATION THEREOF ESTABLISHES THE ENTIRE LACK OF MERIT IN THEIR CLAIMS. THE SETTLEMENTS WERE CORRECT AND ARE SUSTAINED.

AS HAS BEEN SAID, A MISAPPREHENSION EXISTS AMONG AVIATION PERSONNEL OF THE NAVY AS TO THEIR RIGHTS TO REIMBURSEMENT OF EXPENSES IN CONNECTION WITH FLYING, AND IT HAS BEEN DEEMED PROPER TO INCLUDE IN THIS CONSIDERATION OTHER PENDING CASES. LIEUT. (JUNIOR GRADE) W. J. WALKER, UNITED STATES NAVY, AIR STATION, PEARL HARBOR, HAWAII, HAS REQUESTED REVIEW OF SETTLEMENT, CLAIM NO. 160391-N, MAY 17, 1926, IN WHICH THERE WAS DISALLOWED HIS CLAIM FOR REIMBURSEMENT OF EXPENSES AMOUNTING TO $11.50 UNDER THE FOLLOWING ORDER:

U. S. NAVAL AIR STATION,

PEARL HARBOR, T.H., 21 AUGUST, 1925.

PATROL SQUADRON FOURTEEN OPERATION ORDER NO. 2-25.

TASK ORGANIZATIONS (A) SECTION ONE, VP SQUADRON FOURTEEN 14-P-5, LIEUT. (J.G.) W. J. WALKER. 14-P-2, LIEUT. (J.G.) H. J. MCNULTY.

1. REFERENCE (A) COMMANDING OFFICER OF N.A.S. OPERATION ORDER NO. 2 25.

2. SECTION ONE WILL MAKE TRIP TO HILO, HAWAII, TWENTY-TWO AUGUST FOR THE PURPOSE OF CALIBRATING RADIO COMPASS AT HILO RADIO STATION.

3. GAS PLANES TO 325 GALLONS BEFORE LEAVING PEARL HARBOR, AND BE READY IN ALL RESPECTS TO TAKE OFF AT 0600 TWENTY-TWO AUGUST. AFTER ARRIVAL AT HILO GET INTO COMMUNICATION WITH THE NAVAL AUTHORITIES AT THE HILO RADIO STATION AND ARRANGE TO CONDUCT THE REQUIRED TESTS. UPON THE COMPLETION OF THESE TESTS, GAS PLANES TO 300 GALLONS, FROM THE STANDARD OIL COMPANY. POSITION REPORTS WILL BE MADE BY SECTION LEADER EVERY TWENTY MINUTES. CASE OF RADIO FAILURE BY PLANE 5, RADIO GUARD WILL BE TAKEN BY PLANE 2. PLANES WILL RETURN TO PEARL HARBOR, TWENTY THREE AUGUST. IN CASES OF FORCED LANDINGS BY ONE PLANE OF THIS STATION, THE OTHER PLANE WILL STAND- BY UNTIL ASSURED OF SAFETY OF PERSONNEL AND THEN ACT AS CIRCUMSTANCES WARRANT. (X) DURING THE STAY AT HILO, THE PERSONNEL OF THIS SECTION WILL BE QUARTERED AND SUBSISTED ON THE U.S.S. NAVAJO.

F. R. MCDONNELL,

LIEUTENANT, U.S. NAVY, COMMANDING VP-14.

BASED ON THIS OPERATIONS ORDER THE COMMANDING OFFICER AUGUST 21, 1925, ISSUED TO HIM THE FOLLOWING ORDER:

1. IN ACCORDANCE WITH REFERENCE (A) YOU WILL TAKE COMMAND OF PLANE 14-P-5 AND CARRY OUT THIS OPERATION.

2. UPON COMPLETION OF THIS DUTY SUBMIT THESE ORDERS TO THE BUREAU OF NAVIGATION IN ORDER THAT YOU MAY BE REIMBURSED FOR EXPENSES INCURRED.

THE SETTLEMENT FOR THE REASONS HEREIN STATED WAS CORRECT AND ON REVIEW IS SUSTAINED.

LIEUT. (JUNIOR GRADE) JOSEPH C. CRONIN, UNITED STATES NAVY, HAS REQUESTED REVIEW OF SETTLEMENT CLAIM NO. 0138703, MAY 27, 1926, DISALLOWING HIS CLAIM FOR $8 UNDER THE FOLLOWING ORDERS:

U.S. NAVAL AIR STATION,

PENSACOLA, FLORIDA, 25 MARCH, 1926.

"A" OPERATION ORDER NO. 3-26.

TASK ORGANIZATION

(A) PASCAGOULA DETACHMENT--- LIEUT. FORREST P. SHERMAN, U.S. NAVY, OBSERVER; LIEUT. JULIAN B. NOBLE, U.S. NAVY, OBSERVER.

NB-1-LANDPLANE NO. 6386, FORREST P. SHERMAN, U.S. NAVY, PILOT, WITH JAMES E. CUNDY, A.M.M. 1 C, U.S. NAVY, MECHANIC.

NB-1-LANDPLANE NO. 6846, JULIAN B. NOBEL, U.S. NAVY, PILOT, WITH COLLIN M. MANGUM, A.M.M. 1 C, U.S. NAVY, MECHANIC.

JN-4-LANDPLANE NO. 6232, ENSIGN EDWARD REMBERT, U.S. NAVY, STUDENT PILOT, WITH CHARLES C. RAY, A.M.M. 2 C, U.S. NAVY, MECHANIC.

JN-4-LANDPLANE NO. 6233, LT. (J.G.) JOSEPH C. CRONIN, U.S. NAVY, STUDENT PILOT.

JN-4-LANDPLANE NO. 6234, ENSIGN ALFRED C. OLNEY, U.S. NAVY, STUDENT PILOT, WITH OLLIE K. THOMAS, A.M.M. 2 C, U.S. NAVY, MECHANIC.

JN-4-LANDPLANE NO. 6236, LT. (J.G.) EDGAR A. CRUISO, U.S. NAVY, STUDENT PILOT.

1. FLIGHTS WILL BE MADE TO PASCAGOULA, MISSISSIPPI, ON 25 MARCH, 1926, TO CONFORM WITH THE SYLLABUS OF TRAINING REQUIRED BY THE AVIATION TRAINING SCHOOLS, IN CONNECTION WITH THE COURSE IN LANDPLANES.

2. THIS ORGANIZATION WILL PERFORM THIS DUTY.

3. DEPART PENSACOLA, FLORIDA, EIGHT HOURS, TWENTY-FIVE, MARCH, NINETEEN HUNDRED TWENTY-SIX. PROCEED PASCAGOULA, MISSISSIPPI, MOST FAVORABLE LANDPLANE ROUTE AS REQUIRED BY THE SYLLABUS OF TRAINING FOR CROSS-COUNTRY TRAINING FLIGHTS, RETURN PENSACOLA, FLORIDA, MOST FAVORABLE LANDPLANE ROUTE, WHEN REFUELED, WEATHER PERMITTING.

4. SUBSISTENCE AND QUARTERS, GOVERNMENT EXPENSE.

5. ZONE PLUS SIX TIME. REPORT ALL ARRIVALS AND DEPARTURES TO THE COMMANDANT, NAVAL AIR STATION, PENSACOLA, FLORIDA.

J. J. RABY,

CAPTAIN, U.S. NAVY, COMMANDANT.

"B"

U.S. NAVAL AIR STATION

PENSACOLA, FLORIDA, 25 MARCH, 1926. FROM: COMMANDANT. TO: LIEUTENANT (J.G.) JOSEPH C. CRONIN, U.S. NAVY. SUBJECT: TEMPORARY ADDITIONAL DUTY. REFERENCE: (A) OPERATION ORDER NO. 3-26.

1. IN ACCORDANCE WITH REFERENCE (A), YOU ARE HEREBY DETAILED AS COMMANDING OFFICER AND FIRST PILOT OF JN-4-LANDPLANE NO. 6233, AND WILL PROCEED ON TEMPORARY DUTY BY AIR ROUTE TO PASCAGOULA, MISSISSIPPI, IN CARRYING OUT ORDERS CONTAINED IN REFERENCE (A). YOU WILL CARRY THE FOLLOWING PERSONNEL AS PILOTS, MECHANICS, RADIOMEN, ETC., REQUIRED FOR THE PROPER SAFETY OF THE FLIGHT:

NONE.

2. YOU ARE AUTHORIZED TO STOP, EN ROUTE TO AND RETURN FROM PASCOGOULA, MISSISSIPPI, AT SUCH PLACES AS MAY BE NECESSARY FOR REST, FUEL, AND REPAIRS, IF CONSISTENT WITH SAFETY, AND TAKING INTO CONSIDERATION THE OBJECT DESIRED TO BE ATTAINED.

3. THIS IS IN ADDITION TO YOUR PRESENT DUTIES, AND UPON COMPLETION THEREOF YOU WILL RETURN TO NAVAL AIR STATION, PENSACOLA, FLORIDA, AND RESUME YOUR REGULAR DUTIES.

4. KEEP A MEMORANDUM OF EXPENSES INCURRED IN CARRYING OUT THE ABOVE TEMPORARY DUTY, AND SUBMIT CLAIMS FOR EXPENSES IN ACCORDANCE WITH PARAGRAPH 1815, U.S. NAVAL REGULATIONS 1920.

5. THESE ORDERS CONSTITUTE AND INCLUDE YOUR ASSIGNMENT TO DUTY IN A PART OF THE AERONAUTIC ORGANIZATION OF THE NAVY AND YOUR DESIGNATION AS A NAVAL AVIATOR AND YOUR EXISTING DETAIL TO DUTY INVOLVING FLYING IN AIRCRAFT CONTINUE IN EFFECT.

J. J. RABY.

THE ORDERS WERE TO PERFORM A CROSS-COUNTRY FLIGHT FOR THE PURPOSE OF TRAINING. SUCH DUTY, OF COURSE, COULD NOT BE PERFORMED WITHOUT FLYING ACROSS COUNTRY; THE OFFICER WAS NOT IN A TRAVEL STATUS, HOWEVER, BUT IN THE PERFORMANCE OF DUTY POSSIBLE OF PERFORMANCE ONLY BY MOVEMENT. IN 1 COMP. GEN. 461, 462, IT WAS SAID:

THE MILEAGE LAWS DO NOT CONTEMPLATE THAT AN OFFICER OF THE ARMY WILL BE ENTITLED TO MILEAGE FOR ANY AND ALL TRAVEL, AND IT HAS BEEN CONSISTENTLY HELD THAT WHERE TRAVEL IS MERELY INCIDENTAL TO THE PERFORMANCE OF A SPECIFIC, PARAMOUNT MILITARY DUTY THE OFFICER IS NOT IN A TRAVEL STATUS ENTITLING HIM TO MILEAGE. THE ACT OF JUNE 12, 1906, DRAWS THAT DISTINCTION FOR THE GREAT BULK OF THE ARMY BY PROVIDING THAT MILEAGE SHALL BE PAYABLE ONLY FOR TRAVEL "WITHOUT TROOPS.' STAFF OFFICERS, AS WAS THE CLAIMANT, OCCASIONALLY ARE ASSIGNED DUTIES IN THE PERFORMANCE OF WHICH TRAVEL IS MERELY INCIDENTAL; BUT IN THE PERFORMANCE OF SUCH A DUTY THEY ARE NO MORE ENTITLED TO MILEAGE THAN IS AN INFANTRY OFFICER IN COMMAND OF AN ORGANIZATION ON A MARCH.

THE FACTS OF THIS CASE ARE SIMILAR TO THE FACTS IN THE CASE OF LIEUT. MOON, 26 COMP. DEC. 226, AS TO WHICH IT WAS THERE SAID:

"TRAVEL WAS NECESSARY TO PLACE THE OFFICER AT A POINT WHERE THE DUTY COULD BE UNDERTAKEN, AND AFTER THE COMPLETION OF THE DUTY TRAVEL WAS NECESSARY TO ENABLE HIM TO RETURN TO HIS PROPER STATION; BUT IN THE PERFORMANCE OF THE SPECIFIC DUTY ENJOINED BY THE ORDER TRAVEL WAS BUT AN INCIDENT OF THAT DUTY. DURING THAT TIME THE OFFICER WAS NOT IN A TRAVEL STATUS WITHIN THE MEANING OF THE MILEAGE LAW, BUT IN A DUTY STATUS IN THE PERFORMANCE OF A MILITARY DUTY, APPROPRIATE TO HIS RANK AND GRADE, FOR WHICH PRESUMABLY HE WAS SPECIALLY QUALIFIED, AND WHICH COULD BE PERFORMED IN NO OTHER WAY, AND WAS QUITE DISTINCT FROM WHAT MIGHT BE TERMED THE MERE PASSIVE DUTY--- TRAVELING--- PERFORMED BY AN OFFICER PROPERLY IN A MILEAGE STATUS. 19 COMP. DEC. 19. AND SEE ALSO 26 COMP. DEC. 83-84; 25 ID., 234.'

UPON REVIEW THE SETTLEMENT IS SUSTAINED.

IT MAY BE PROPER TO REMARK IN THIS CONNECTION THAT THE APPROPRIATE COMMAND OF AN OFFICER DOES NOT INCLUDE SPECIALLY ORGANIZED EXPEDITIONS FOR AERIAL SURVEYS, REIMBURSEMENT OF EXPENSES OF THE PERSONNEL OF WHICH ARE PROVIDED FOR BY THE ACT OF MARCH 3, 1925, 43 STAT. 1190; 6 COMP. GEN. 252.

THE VARIOUS CLAIMANTS ARE BEING INFORMED THIS DATE DIRECT OF AFFIRMANCE OF SETTLEMENT IN THEIR CASES IN ACCORDANCE WITH THE TERMS OF THIS DECISION.