A-16315, NOVEMBER 27, 1926, 6 COMP. GEN. 365

A-16315: Nov 27, 1926

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REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER IN FAVOR OF JOHN H. CANDIDATES WILL PROCEED FROM THEIR LEGAL RESIDENCE TO MADISON BARRACKS. UPON COMPLETION OF THIS DUTY THEY WILL RETURN TO THEIR HOMES: CHART MAIN LEGAL RESIDENCE COUNTY STATE COURSE HOWATT. THE FINANCE DEPARTMENT WILL REIMBURSE THESE CANDIDATES UPON THEIR ARRIVAL AT CAMP. THE QUARTERMASTER CORPS WILL FURNISH TRANSPORTATION IN KIND FROM THEIR LEGAL RESIDENCE AS SHOWN ABOVE TO MADISON BARRACKS. THE TRAVEL DIRECTED IS NECESSARY IN THE PUBLIC SERVICE. (354.1 CMTC) BY COMMAND OF MAJOR GENERAL SUMMERALL. IT APPEARS THAT PURSUANT TO SAID ORDERS RAILROAD TICKETS AND TRANSPORTATION REQUESTS WERE FURNISHED HOWATT FOR THE ROUND TRIP.

A-16315, NOVEMBER 27, 1926, 6 COMP. GEN. 365

TRANSPORTATION EXPENSES - C.M.T.C. CANDIDATES WHERE ORDERS ISSUED TO A CITIZENS' MILITARY TRAINING CAMP CANDIDATE, DIRECTING HIM TO PROCEED FROM HIS LEGAL RESIDENCE TO A CAMP FOR TRAINING, SPECIFIED THAT TRANSPORTATION WOULD BE FURNISHED, SUCH CANDIDATE MAY NOT BE REIMBURSED THE VALUE OF THE RAILROAD TICKET AND GOVERNMENT TRANSPORTATION REQUEST ISSUED TO HIM BUT WHICH HE DID NOT USE IN PERFORMING THE TRAVEL.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, NOVEMBER 27, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 10, 1926, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER IN FAVOR OF JOHN H. HOWATT, JR., FOR $20.12, COVERING THE VALUE OF UNUSED RAILROAD TICKET AND A GOVERNMENT TRANSPORTATION REQUEST ISSUED TO HIM IN ACCORDANCE WITH S.O. 153, HEADQUARTERS SECOND CORPS AREA, GOVERNORS ISLAND, N.Y., ON JULY 2, 1926, AS FOLLOWS:

27. PURSUANT TO INSTRUCTIONS CONTAINED IN PARAGRAPH 27, A.R. 350 2200, 1926, THE FOLLOWING NAMED C.M.T.C. CANDIDATES WILL PROCEED FROM THEIR LEGAL RESIDENCE TO MADISON BARRACKS, NEW YORK, SO AS TO ARRIVE AT THAT PLACE ON AUGUST 6, 1926, REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER, CITIZENS' MILITARY TRAINING CAMPS, FOR DUTY AS CANDIDATES AT THAT PLACE. UPON COMPLETION OF THIS DUTY THEY WILL RETURN TO THEIR HOMES:

CHART

MAIN LEGAL RESIDENCE COUNTY STATE COURSE HOWATT, JOHN H., JR. -- FLUSHING ---------- QUEENS---NEW YORK---BLUE.

THE FINANCE DEPARTMENT WILL REIMBURSE THESE CANDIDATES UPON THEIR ARRIVAL AT CAMP, AT MADISON BARRACKS, NEW YORK, FOR THE ACTUAL COST OF MEALS EN ROUTE, NOT TO EXCEED THREE DOLLARS ($3.00) PER DAY FOR THE NUMBER OF DAYS ACTUALLY AND UNAVOIDABLY CONSUMED IN TRAVEL FROM THEIR LEGAL RESIDENCE AS SHOWN ABOVE TO MADISON BARRACKS, NEW YORK, AND RETURN TO THEIR HOMES, CHARGEABLE TO PROCUREMENT AUTHORITY FD 922 P 5056 A 920-7.

THE QUARTERMASTER CORPS WILL FURNISH TRANSPORTATION IN KIND FROM THEIR LEGAL RESIDENCE AS SHOWN ABOVE TO MADISON BARRACKS, NEW YORK, AND RETURN TO THEIR HOMES, CHARGEABLE TO PROCUREMENT AUTHORITY FD 922 P 5009 A 920- 7.

THE TRAVEL DIRECTED IS NECESSARY IN THE PUBLIC SERVICE. (354.1 CMTC)

BY COMMAND OF MAJOR GENERAL SUMMERALL.

IT APPEARS THAT PURSUANT TO SAID ORDERS RAILROAD TICKETS AND TRANSPORTATION REQUESTS WERE FURNISHED HOWATT FOR THE ROUND TRIP, BUT THAT FOR PERSONAL REASONS HE ELECTED NOT TO USE SAME AND HAS RETURNED THEM WITH REQUEST THAT HE BE REIMBURSED FOR COST OF THE TRAVEL INVOLVED AND PERFORMED IN THE AMOUNT OF WHAT IT WOULD HAVE COST THE GOVERNMENT IF HE HAD USED THE TRANSPORTATION REQUEST AND TICKETS SO FURNISHED.

SECTION 47D OF THE ACT OF JUNE 4, 1920, 41 STAT. 779, AMENDING SECTION 34 OF THE NATIONAL DEFENSE ACT, PROVIDES TWO METHODS OF FURNISHING CANDIDATES FOR TRAINING TRANSPORTATION TO TRAINING CAMPS AND RETURN AS FOLLOWS:

SEC. 47D. TRAINING CAMPS.--- THE SECRETARY OF WAR IS HEREBY AUTHORIZED * * * TO FURNISH AT THE EXPENSE OF THE UNITED STATES * * * TRANSPORTATION BY THE MOST USUAL AND DIRECT ROUTE WITHIN SUCH LIMITS AS TO TERRITORY AS THE SECRETARY OF WAR MAY PRESCRIBE, OR IN LIEU OF FURNISHING SUCH TRANSPORTATION AND SUBSISTENCE TO PAY THEM TRAVEL ALLOWANCES AT THE RATE OF 5 CENTS PER MILE FOR THE DISTANCE BY THE SHORTEST USUALLY TRAVELED ROUTE FROM THE PLACES FROM WHICH THEY ARE AUTHORIZED TO PROCEED TO THE CAMP, AND FOR THE RETURN TRAVEL THERETO, AND TO MAKE THE PAYMENT OF TRAVEL ALLOWANCES FOR THE RETURN JOURNEY IN ADVANCE OF THE ACTUAL PERFORMANCE OF THE SAME * * *.

THIS PROVISION OF LAW DOES NOT GIVE TO THE MEMBER ORDERED TO PERFORM TRAVEL RIGHT TO REFUSE TO ACCEPT TRANSPORTATION IN KIND AND CLAIM REIMBURSEMENT IN THE FORM OR MILEAGE OR OTHERWISE. HOWATT'S ORDERS PRESCRIBED TRANSPORTATION IN KIND AND DUE PROVISION HAVING BEEN MADE FOR FURNISHING SAME, THE GOVERNMENT'S OBLIGATION UNDER THE LAW WAS FULLY MET. HAVING REFUSED TO ACCEPT TRANSPORTATION TENDERED HIM, HE ACQUIRED NO RIGHT TO ANY FORM OF REIMBURSEMENT FOR COST OF THE TRAVEL INVOLVED. 26 COMP. DEC. 386; DECISION A-10261, SEPTEMBER 15, 1925, SWEATT CASE; A-12748, JULY 20, 1926, DANKEL CASE.

TRANSPORTATION WAS TENDERED HOWATT PURSUANT TO HIS ORDERS AND AS PROVIDED BY THE LAW UNDER WHICH HE WAS ENTITLED TO TRANSPORTATION AT THE EXPENSE OF THE GOVERNMENT. HIS FAILURE TO UTILIZE THE TRANSPORTATION SO FURNISHED GIVES HIM NO RIGHT TO AN AMOUNT OF MONEY EQUAL TO THE COST TO THE GOVERNMENT HAD HE UTILIZED IT. YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER.