A-16659, DECEMBER 28, 1926, 6 COMP. GEN. 419

A-16659: Dec 28, 1926

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A MIDSHIPMAN IS ENTITLED TO MILEAGE AT 5 CENTS PER MILE FOR TRAVEL PERFORMED DURING SAID FISCAL YEAR OVER THE SHORTEST USUALLY TRAVELED ROUTE FOR THE SEA AND LAND TRAVEL INVOLVED IN PROCEEDING FROM HIS HOME. WHERE TRANSPORTATION IS FURNISHED ON AN ARMY TRANSPORT 3 CENTS PER MILE SHOULD BE DEDUCTED. WAS MADE OVERLAND AT HIS OWN EXPENSE. ADVISED THAT THERE WAS NO COST FOR TRANSPORTATION. ON THE ABOVE FACTS YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER OR NOT JOSE V. ANDRADA IS ENTITLED TO MILEAGE FOR TRAVEL PERFORMED FROM MANILA. IN THIS CONNECTION ATTENTION IS INVITED TO DECISION OF THE COMPTROLLER OF THE TREASURY. WHEREIN IT WAS HELD THAT UNDER THE ACT OF JULY 11. " A MIDSHIPMAN IS ENTITLED TO MILEAGE AT THE RATE OF 5 CENTS PER MILE FOR BOTH SEA AND LAND TRAVEL INVOLVED IN PROCEEDING FROM HIS HOME TO THE NAVAL ACADEMY FOR EXAMINATION AND APPOINTMENT.

A-16659, DECEMBER 28, 1926, 6 COMP. GEN. 419

MILEAGE - MIDSHIPMEN OF THE NAVAL ACADEMY UNDER PROVISION IN THE ACT OF MAY 21, 1926, 44 STAT. 595, MAKING APPROPRIATION FOR THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1927, A MIDSHIPMAN IS ENTITLED TO MILEAGE AT 5 CENTS PER MILE FOR TRAVEL PERFORMED DURING SAID FISCAL YEAR OVER THE SHORTEST USUALLY TRAVELED ROUTE FOR THE SEA AND LAND TRAVEL INVOLVED IN PROCEEDING FROM HIS HOME, TO THE NAVAL ACADEMY FOR EXAMINATION AND APPOINTMENT, LESS THE COST OF ANY SUBSISTENCE AND TRANSPORTATION FURNISHED HIM BY THE GOVERNMENT. WHERE TRANSPORTATION IS FURNISHED ON AN ARMY TRANSPORT 3 CENTS PER MILE SHOULD BE DEDUCTED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, DECEMBER 28, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 13, 1926, REQUESTING DECISION AS FOLLOWS:

JOSE V. ANDRADA, A FILIPINO, PERFORMED TRAVEL FROM MANILA, P.I., TO ANNAPOLIS, MD., FOR ADMISSION TO THE NAVAL ACADEMY AS A MIDSHIPMAN. PROCEEDED FROM MANILA, P.I., TO SAN FRANCISCO, CALIF., ABOARD THE U.S.A.T. SOMME WITH A TOTAL EXPENSE FOR SUBSISTENCE ON THAT VESSEL OF $35, FOR WHICH HE DID NOT RECEIVE A RECEIPT. THE TRAVEL FROM SAN FRANCISCO, CALIF., TO ANNAPOLIS, MD., WAS MADE OVERLAND AT HIS OWN EXPENSE. THE QUARTERMASTER GENERAL, U.S. ARMY, ON OCTOBER 4, 1926, ADVISED THAT THERE WAS NO COST FOR TRANSPORTATION, EXCLUSIVE OF SUBSISTENCE, IN THE CASE OF JOSE V. ANDRADA AND THAT HE TRAVELED ON THE U.S.A.T. SOMME IN TROOP QUARTERS WITH SECOND-CLASS MESS AND DECK PRIVILEGES.

THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR 1927, APPROVED MAY 21, 1926, UNDER THE APPROPRIATION "TRANSPORTATION, BUREAU OF NAVIGATION," PROVIDES AS FOLLOWS:

"* * * FOR MILEAGE, AT 5 CENTS PER MILE, TO MIDSHIPMEN ENTERING THE NAVAL ACADEMY WHILE PROCEEDING FROM THEIR HOMES TO THE NAVAL ACADEMY FOR EXAMINATION AND APPOINTMENT AS MIDSHIPMEN * * *.'

ON THE ABOVE FACTS YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER OR NOT JOSE V. ANDRADA IS ENTITLED TO MILEAGE FOR TRAVEL PERFORMED FROM MANILA, P.I., TO SAN FRANCISCO, CALIF., ON THE U.S.A.T. SOMME.

IN THIS CONNECTION ATTENTION IS INVITED TO DECISION OF THE COMPTROLLER OF THE TREASURY, DATED NOVEMBER 7, 1919, 26 COMP. DEC. 365, WHEREIN IT WAS HELD THAT UNDER THE ACT OF JULY 11, 1919, CONTAINING SIMILAR LANGUAGE UNDER THE APPROPRIATION "PAY, MISCELLANEOUS," A MIDSHIPMAN IS ENTITLED TO MILEAGE AT THE RATE OF 5 CENTS PER MILE FOR BOTH SEA AND LAND TRAVEL INVOLVED IN PROCEEDING FROM HIS HOME TO THE NAVAL ACADEMY FOR EXAMINATION AND APPOINTMENT.

BEGINNING WITH THE ACT OF JULY 11, 1919, 41 STAT. 131, MAKING APPROPRIATION FOR THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1920, THE NAVAL APPROPRIATIONS EACH YEAR HAVE PROVIDED FUNDS FOR MILEAGE AT 5 CENTS PER MILE TO MIDSHIPMEN FOR TRAVEL FROM THEIR HOMES TO THE NAVAL ACADEMY FOR EXAMINATION AND APPOINTMENT AS MIDSHIPMEN. THAT PROVISION ENTITLES A MIDSHIPMAN TO MILEAGE OVER THE SHORTEST USUALLY TRAVELED ROUTE FROM HIS HOME TO THE NAVAL ACADEMY FOR BOTH SEA AND LAND TRAVEL INVOLVED, LESS ANY COST TO THE GOVERNMENT FOR SUBSISTENCE AND TRANSPORTATION FURNISHED. 26 COMP. DEC. 365; 2 COMP. GEN. 654.

IT IS NOT WITHIN THE INTENT OF THE STATUTES TO ALLOW 5 CENTS PER MILE REGARDLESS OF TRANSPORTATION FURNISHED. THE 5 CENTS IS TO COVER ALL COST, AND IF TRANSPORTATION IS FURNISHED IN KIND, THE VALUE THEREOF SHOULD BE DEDUCTED FROM THE MILEAGE OTHERWISE DUE. IT IS NOT APPARENT THAT THE AMOUNT PAID BY ANDRADA FOR SUBSISTENCE REPRESENTS THE EXACT COST THEREOF, BUT RATHER A FIXED CHARGE THEREFOR BASED ON A REASONABLE VALUE. THE SAME RULE SHOULD BE APPLIED TO THE TRANSPORTATION FURNISHED. ALTHOUGH, AS DETERMINED FROM OFFICIAL RECORDS, THERE MAY HAVE BEEN NO APPARENT COST TO THE GOVERNMENT FOR ANDRADA'S TRANSPORTATION, A REASONABLE VALUE MAY BE SUBSTITUTED THEREFOR. IN THE CASE OF OFFICERS TRAVELING IN A MILEAGE STATUS THE LAW FIXES A VALUE OF 3 CENTS PER MILE ON TRANSPORTATION FURNISHED BY THE GOVERNMENT WHETHER FURNISHED COMMERCIALLY OR ON GOVERNMENT TRANSPORT. MOORE V. UNITED STATES, 58 CT.CLS. 475. SUCH ARBITRARY VALUE IS BASED ON AN AVERAGE OR REASONABLE VALUE. THAT VALUE MAY BE ACCEPTED AS THE BEST EVIDENCE FOR DETERMINING THE REASONABLE VALUE OF THE TRANSPORTATION FURNISHED BY THE GOVERNMENT IN THIS CASE.

ACCORDINGLY YOU ARE ADVISED THAT UNDER SAID PROVISION IN THE APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1927, JOSE V. ANDRADA IS ENTITLED TO MILEAGE AT 5 CENTS PER MILE OVER THE SHORTEST USUALLY TRAVELED ROUTE FROM HIS HOME IN MANILA, P.I., TO THE NAVAL ACADEMY AT ANNAPOLIS, MD., LESS 3 CENTS PER MILE FOR TRANSPORTATION FURNISHED HIM BY THE GOVERNMENT WHILE PROCEEDING ON THE ARMY TRANSPORT ..END :