A-15661, OCTOBER 7, 1926, 6 COMP. GEN. 244

A-15661: Oct 7, 1926

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AN ARMY OFFICER DETAILED AS INSTRUCTOR TO A NATIONAL GUARD CAMP OF INSTRUCTION MAY NOT BE PAID PER DIEM IN LIEU OF SUBSISTENCE NOTWITHSTANDING THAT SUCH ALLOWANCE MAY HAVE BEEN PRESCRIBED IN HIS ORDERS. THE FOLLOWING-NAMED OFFICERS WILL PROCEED AT THE PROPER TIME FROM THEIR RESPECTIVE STATIONS TO FORT RILEY. UPON COMPLETION OF THIS DUTY WILL RETURN TO THEIR PROPER STATIONS: MAJOR CLARK P. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. IN LIEU OF SUBSISTENCE A FLAT PER DIEM OF $6.00 IS AUTHORIZED IN ACCORDANCE WITH EXISTING LAW AND REGULATIONS. (32) MB 67 P 5065 A 6300-6. WILL BE. INSTRUCTORS AND SERGEANT-INSTRUCTORS WILL. WILL ONLY BE ALLOWED THEIR PRO RATA COST OF SUCH MESS ACCOMMODATIONS IN LIEU OF THE $7 PER DAY FOR OFFICERS AND $6 PER DAY FOR NONCOMMISSIONED OFFICERS.

A-15661, OCTOBER 7, 1926, 6 COMP. GEN. 244

SUBSISTENCE - ARMY OFFICER DETAILED TO NATIONAL GUARD CAMPS OF INSTRUCTION IN VIEW OF THE PROVISION IN PARAGRAPH 4 OF WAR DEPARTMENT CIRCULAR NO. 19 OF APRIL 23, 1925, LIMITING INSTRUCTORS DETAILED TO ENCAMPMENTS OF THE NATIONAL GUARD TO REIMBURSEMENT FOR THE ACTUAL COST OF THEIR PROPORTIONATE SHARE OF THE OFFICERS' OR ENLISTED MEN'S MESSES, AN ARMY OFFICER DETAILED AS INSTRUCTOR TO A NATIONAL GUARD CAMP OF INSTRUCTION MAY NOT BE PAID PER DIEM IN LIEU OF SUBSISTENCE NOTWITHSTANDING THAT SUCH ALLOWANCE MAY HAVE BEEN PRESCRIBED IN HIS ORDERS.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 7, 1926:

CAPT. H. G. COYKENDALL, FINANCE OFFICER, SUBMITS FOR AN ADVANCE DECISION A VOUCHER IN FAVOR OF MAJ. CLARK P. CHANDLER, CAVALRY, FOR PER DIEM OF $6 COVERING SUBSISTENCE WHILE ON DUTY AT A CAMP OF INSTRUCTION, KANSAS NATIONAL GUARD, AT FORT RILEY, KANS., PURSUANT TO THE FOLLOWING ORDER: SPECIAL ORDERS) HEADQUARTERS SEVENTH CORPS AREA,

NO. 94( OMAHA, NEBRASKA, APRIL 23, 1926.

(EXTRACT)

10. THE FOLLOWING-NAMED OFFICERS WILL PROCEED AT THE PROPER TIME FROM THEIR RESPECTIVE STATIONS TO FORT RILEY, KANSAS, REPORTING UPON ARRIVAL TO THE SENIOR INSTRUCTOR, CAMP OF INSTRUCTION, KANSAS NATIONAL GUARD, FOR TEMPORARY DUTY DURING THE PERIOD JUNE 22 TO 25, 1926, AND UPON COMPLETION OF THIS DUTY WILL RETURN TO THEIR PROPER STATIONS:

MAJOR CLARK P. CHANDLER, CAVALRY, TOPEKA, KANSAS.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. IN LIEU OF SUBSISTENCE A FLAT PER DIEM OF $6.00 IS AUTHORIZED IN ACCORDANCE WITH EXISTING LAW AND REGULATIONS. (32) MB 67 P 5065 A 6300-6.

BY COMMAND OF MAJOR GENERAL POORE:

TENNEY ROSS,

COLONEL, GENERAL STAFF,

CHIEF OF STAFF.

THE DOUBT ARISES BECAUSE OF PROVISIONS RESPECTING REIMBURSEMENT OF EXPENSES OF INSTRUCTORS AT ENCAMPMENTS OF THE NATIONAL GUARD IN WAR DEPARTMENT CIRCULAR NO. 19, APRIL 23, 1925, AS FOLLOWS:

1. HEREAFTER OFFICERS OF THE REGULAR ARMY DETAILED TO MAKE THE ANNUAL INSPECTIONS OF THE NATIONAL GUARD REQUIRED BY SECTION 93 OF THE NATIONAL DEFENSE ACT, APPROVED JUNE 3, 1916 * * * AND NONCOMMISSIONED OFFICERS DETAILED TO ACCOMPANY THEM ON SUCH DUTY, AND OFFICERS AND NONCOMMISSIONED OFFICES OF THE REGULAR ARMY DETAILED FOR DUTY WITH THE NATIONAL GUARD, WILL BE, UNDER THE PROVISIONS OF SECTION 67 OF THE SAME ACT, AS AMENDED BY SECTION 3 OF THE ACT OF CONGRESS APPROVED SEPTEMBER 22, 1922 * * * ENTITLED TO THE ACTUAL AND NECESSARY EXPENSES, INCLUDING NOT TO EXCEED $7 PER DAY FOR OFFICERS AND $6 PER DAY FOR NONCOMMISSIONED OFFICERS, FOR SUBSISTENCE IN ADDITION TO COST OF TRANSPORTATION INCURRED BY THEM IN MAKING ANNUAL INSPECTIONS, IN JOINING AT STATE STATIONS FOR DUTY, IN RETURNING TO DUTY AT OTHER STATIONS UPON RELIEF FROM DUTY WITH THE NATIONAL GUARD, ON VISITS OF INSTRUCTION, ON VISITS OF INSPECTION AND INSTRUCTION OF UNITS FOR FEDERAL RECOGNITION, IN CONNECTION WITH CAMPS OF INSTRUCTION, INSPECTING TARGET RANGES, INSPECTIONS OF MATERIAL, FIELD ARTILLERY, COAST ARTILLERY, AND SIGNAL CORPS, AND WHEN CARRYING OUT THE PROVISIONS OF SECTION 75 OF THE NATIONAL DEFENSE ACT. * * *

4. * * * IN CONNECTION WITH ENCAMPMENTS OF THE NATIONAL GUARD, INSTRUCTORS AND SERGEANT-INSTRUCTORS WILL, IF PRACTICABLE ARRANGE TO SUBSIST WITH THE OFFICERS' AND ENLISTED MEN'S MESSES, RESPECTIVELY, OF THE NATIONAL GUARD ORGANIZATION TO WHICH ASSIGNED, AND WILL ONLY BE ALLOWED THEIR PRO RATA COST OF SUCH MESS ACCOMMODATIONS IN LIEU OF THE $7 PER DAY FOR OFFICERS AND $6 PER DAY FOR NONCOMMISSIONED OFFICERS, FILING WITH THE ACCOUNT A MESS RECEIPT THEREFOR. * * *

5. IN LIEU OF REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES, OFFICERS AND NONCOMMISSIONED OFFICERS TRAVELING UNDER THE CONDITIONS STATED IN PARAGRAPH 1 HEREOF MAY, WHEN THEIR ORDERS SO PRESCRIBE, BE ALLOWED A FLAT PER DIEM ALLOWANCE NOT EXCEEDING $6 AND $5, RESPECTIVELY, EXCLUSIVE OF TRANSPORTATION CHARGES. NO PER DIEM ALLOWANCE WILL BE PRESCRIBED IN TRAVEL ORDERS FOR A PERIOD DURING WHICH TRAVEL IS PERFORMED ON A GOVERNMENT VESSEL OR COMMERCIAL LINER NOR FOR INSTRUCTORS ON DUTY IN CONNECTION WITH ENCAMPMENTS. * * *

THE QUESTION THUS IS WHETHER A CAMP OF INSTRUCTION IS WITHIN THE REGULATIONS PROHIBITING A PER DIEM IN LIEU OF SUBSISTENCE TO AN INSTRUCTOR AT AN ENCAMPMENT. "ENCAMPMENT" AS USED IN THE CIRCULAR IS SYNONYMOUS WITH "CAMP; " AN OFFICER ON DUTY AT SUCH A CAMP OF INSTRUCTION WHERE UNITS OF THE NATIONAL GUARD UNDER INSTRUCTION MAINTAIN MESSES IS AS MUCH WITHIN THE PURPOSE OF THE CIRCULAR AND ITS STRICT LANGUAGE AS IF ON DUTY AT AN ENCAMPMENT. REIMBURSEMENT MAY BE MADE ONLY ON THE BASIS OF ACTUAL EXPENSES IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 4 OF CIRCULAR 19, QUOTED ABOVE, AND NOTWITHSTANDING THE PROVISION FOR A PER DIEM IN THE ORDERS, CONTRARY TO THE CIRCULAR. THE VOUCHER MAY NOT BE PAID.