A-16078, DECEMBER 11, 1926, 6 COMP. GEN. 398

A-16078: Dec 11, 1926

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NATIONAL GUARD - TRAVEL BY AIR TO ENCAMPMENTS OFFICERS AND ENLISTED MEN OF A NATIONAL GUARD ORGANIZATION PROCEEDING AS A UNIT BY AIR TO AN ENCAMPMENT ARE NOT IN A TRAVEL STATUS AND ARE NOT ENTITLED TO REIMBURSEMENT OF TRAVELING EXPENSES. REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAID VOUCHERS. PARAGRAPH 4 DIRECTED THAT "AIRCRAFT OF THIS SQUADRON WILL BE FLOWN TO MAXWELL FIELD.'. SPECIAL ORDER NO. 2 WAS ISSUED BY CAPT. ARE HEREBY AUTHORIZED TO PROCEED VIA AIR TO MAXWELL FIELD. WERE DELAYED DUE TO FORCED LANDINGS. THE VOUCHERS SUBMITTED ARE STATED AS FOR REIMBURSEMENT FOR EXPENSES OF MEALS. PAYMENT IS PROPOSED TO BE MADE UNDER AUTHORITY CONTAINED IN PARAGRAPH 5 OF EXECUTIVE ORDER OF SEPTEMBER 14.

A-16078, DECEMBER 11, 1926, 6 COMP. GEN. 398

NATIONAL GUARD - TRAVEL BY AIR TO ENCAMPMENTS OFFICERS AND ENLISTED MEN OF A NATIONAL GUARD ORGANIZATION PROCEEDING AS A UNIT BY AIR TO AN ENCAMPMENT ARE NOT IN A TRAVEL STATUS AND ARE NOT ENTITLED TO REIMBURSEMENT OF TRAVELING EXPENSES.

COMPTROLLER GENERAL MCCARL TO NAT H. DYE, UNITED STATES PROPERTY AND DISBURSING OFFICER, TENNESSEE NATIONAL GUARD, DECEMBER 11, 1926:

THERE HAS BEEN RECEIVED YOUR SECOND INDORSEMENT DATED OCTOBER 18, 1926, TRANSMITTING 14 VOUCHERS STATED IN FAVOR OF CERTAIN OFFICERS AND ENLISTED MEN OF THE TENNESSEE NATIONAL GUARD FOR REIMBURSEMENT OF TRAVEL EXPENSES WHILE PROCEEDING TO CAMP OF INSTRUCTIONS, AND REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAID VOUCHERS.

IT APPEARS FROM THE EVIDENCE SUBMITTED WITH THE VOUCHERS THAT BY GENERAL ORDER NO. 9, HEADQUARTERS, TENNESSEE NATIONAL GUARD, DATED AUGUST 7, 1926, THE ADJUTANT GENERAL OF TENNESSEE, BY ORDER OF THE GOVERNOR, UNDER AUTHORITY CONTAINED IN LETTER FROM THE WAR DEPARTMENT, MILITIA BUREAU, RESERVATION NO. 5, OF JUNE 12, 1926, AND FIRST INDORSEMENT, HEADQUARTERS, FOURTH CORPS AREA, ATLANTA, GA., MAY 14, 1926, AUTHORIZED THE ONE HUNDRED AND FIFTH OBSERVATION SQUADRON AND ONE HUNDRED AND SIXTY-FIFTH PHOTO SECTION, TENNESSEE NATIONAL GUARD, TO PROCEED ON AUGUST 15, 1926, VIA THE LOUISVILLE AND NASHVILLE RAILROAD TO MAXWELL FIELD, MONTGOMERY, ALA., FOR ATTENDANCE AT A 15 DAY CAMP OF INSTRUCTIONS FOR THE PERIOD FROM AUGUST 15 TO 29, 1926, INCLUSIVE, AND UPON COMPLETION OF THAT DUTY TO RETURN TO THEIR PROPER STATIONS AT NASHVILLE, TENN.

PARAGRAPH 7 OF SAID GENERAL ORDER DIRECTED ORGANIZATION COMMANDERS TO SUBMIT REQUISITIONS FOR TRANSPORTATION REQUESTS AND GOVERNMENT BILLS OF LADING SHOWING THE EXACT NUMBER OF MEN TO BE CARRIED AND THE WEIGHTS OF FREIGHT; PARAGRAPH 8 ADVISED THAT THE QUARTERMASTER CORPS WOULD FURNISH NECESSARY TRANSPORTATION ACCOMMODATIONS AND COMMUTATION OF SUBSISTENCE AT NOT TO EXCEED $0.40 PER MEAL FOR EACH MEAL ACTUALLY CONSUMED PER MAN WHILE TRAVELING TO CAMP, PAYABLE UPON PRESENTATION OF PROPER RECEIPTS TO THE UNITED STATES PROPERTY AND DISBURSING OFFICER; AND PARAGRAPH 4 DIRECTED THAT "AIRCRAFT OF THIS SQUADRON WILL BE FLOWN TO MAXWELL FIELD.'

UNDER DATE OF AUGUST 14, 1926, SPECIAL ORDER NO. 2 WAS ISSUED BY CAPT. RICHARD D. GLEAVES, .S., TENNESSEE NATIONAL GUARD, OPERATIONS OFFICER, BY ORDER OF MAJOR BENNETT, READING AS FOLLOWS:

1. IN COMPLIANCE WITH GENERAL ORDER NO. 9, A.G.O. TENN. AND W.D.M.E. RESERVATION NO. 5, DATED JUNE 12, 1926, THE FOLLOWING NAMED OFFICERS AND ENLISTED MEN OF THE 105TH OBSN.SPDN. AND 165TH PHOTO SEC. A.S. TENN. N.G. ARE HEREBY AUTHORIZED TO PROCEED VIA AIR TO MAXWELL FIELD, MONTGOMERY, ALA., FOR THE 15-DAY CAMP, STARTING AUG. 15 TO 29, 1926.

2. OFFICERS AS PILOTS, CAPTS. WILLIAMS, FOX; 1ST LTS. DOUGLAS, HARTSFIELD, OUTLAW, MEADOW, MCCONNELL; 2ND LTS. WOOLARD, MCFARLAND; ENLISTED MEN, STAFF SGT. STOKES, MORROW, ISAAC; TECH. SGT. BROOKS; CPL. IRBY; STAFF SGT. BARR; SGT. WILSON; PVT. 1ST CL. BROWN.

IN PROCEEDING BY AIR UNDER SAID ORDER ALL OF THE OFFICERS AND ENLISTED MEN MENTIONED THEREIN, WITH THE EXCEPTION OF SECOND LIEUTENANT WOOLARD, STAFF SERGEANT STOKES, AND TECHNICAL SERGEANT BROOKS, WERE DELAYED DUE TO FORCED LANDINGS, BAD WEATHER, ETC., FOR FROM ONE TO THREE DAYS, AND THE VOUCHERS SUBMITTED ARE STATED AS FOR REIMBURSEMENT FOR EXPENSES OF MEALS, LODGINGS, ETC., INCURRED DURING THE PERIOD SO DELAYED.

PAYMENT IS PROPOSED TO BE MADE UNDER AUTHORITY CONTAINED IN PARAGRAPH 5 OF EXECUTIVE ORDER OF SEPTEMBER 14, 1925, PUBLISHED IN MILITIA BUREAU CIRCULAR NO. 46, DATED OCTOBER 12, 1925, WHICH READS AS FOLLOWS:

OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD WHILE ON DUTY REQUIRING THEM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS SHALL, WHEN SUCH FLYING DUTY INVOLVES TRAVEL, RECEIVE THE SAME ALLOWANCES FOR TRAVELING EXPENSES AS ARE OR HEREAFTER MAY BE AUTHORIZED FOR THE REGULAR ARMY. SUCH ALLOWANCES SHALL BE PAID ONLY WHEN THE TRAVEL IS AUTHORIZED BY THE SECRETARY OF WAR AND PERFORMED UNDER COMPETENT ORDERS.

THE EXECUTIVE ORDER WAS BASED ON THE AMENDMENT OF SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, 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. 782), AUTHORIZING INCREASED PAY FOR OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD PARTICIPATING IN FLIGHTS AND PROVIDED THAT---

WHEN SUCH FLYING DUTY INVOLVES TRAVEL THAY SHALL ALSO RECEIVE THE SAME ALLOWANCES FOR TRAVELING EXPENSES AS ARE OR HEREAFTER MAY BE AUTHORIZED FOR THE REGULAR ARMY. * * *

THE AUTHORITY FOR REIMBURSING EXPENSES OF OFFICERS OF THE ARMY WHEN TRAVELING BY AIR IS CONTAINED IN THE ACT OF JULY 11, 1919, 41 STAT. 109, WHICH 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.

THE AUTHORITY FOR REIMBURSEMENT OF TRAVELING EXPENSES OF ENLISTED MEN OF THE ARMY IS THE ACT OF APRIL 20, 1918, 40 STAT. 534, WHICH PROVIDES:

THAT HEREAFTER UNDER SUCH REGULATIONS AND WITHIN SUCH MAXIMUM RATES AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR ENLISTED MEN MAY BE REIMBURSED FOR ACTUAL EXPENSES OF TRAVEL, INCLUDING SUBSISTENCE AND LODGING, INCURRED WHILE TRAVELING UNDER COMPETENT ORDERS AND NOT EMBRACED IN THE MOVEMENT OF TROOPS, OR THEY MAY BE PAID A FLAT PER DIEM THEREFOR IN LIEU OF SUCH REIMBURSEMENT.

TO BE ENTITLED TO REIMBURSEMENT UNDER THESE STATUTES, TRAVEL OF OFFICERS BY AIR MUST BE WITHOUT TROOPS UNDER COMPETENT ORDERS, I.E., AN ORDER COMPETENT TO ENTITLE THE OFFICER TO REIMBURSEMENT OF EXPENSES. ENLISTED MAN MAY NOT BE REIMBURSED FOR EXPENSES OF TRAVEL WHEN HIS "TRAVEL" IS ,EMBRACED IN THE MOVEMENT OF TROOPS.' IN THIS CASE ORGANIZATIONS WERE DIRECTED TO MOVE FROM THEIR HOME STATIONS TO AN ENCAMPMENT--- IT WAS THE MOVEMENT OF A UNIT; THE ENLISTED MEN WERE EMBRACED IN THE MOVEMENT OF TROOPS, AND OFFICERS WHEN TRAVELING WITH AND AS A PART OF THEIR ORGANIZATIONS ON CHANGE OF STATION ARE NOT IN A TRAVEL STATUS UNDER THE ACT OF JULY 11, 1919.