A-18027, AUGUST 30, 1927, 7 COMP. GEN. 159

A-18027: Aug 30, 1927

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS INCONSISTENT WITH. 1927: THERE ARE FOR CONSIDERATION CERTAIN QUESTIONS ARISING IN THE ACCOUNTS OF DISBURSING OFFICERS RELATIVE TO TRAVEL EXPENSES OF ENLISTED MEN OF THE ARMY AUTHORIZED BY SECTION 67 OF THE NATIONAL DEFENSE ACT OF JUNE 3. THIS PROVISION WAS REENACTED IN THE AMENDMENT OF THIS SECTION BY THE ACT OF SEPTEMBER 22. THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED. THESE REGULATIONS SHALL BE UNIFORM FOR ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. * * * REGULATIONS UNDER THIS PROVISION WERE PRESCRIBED BY EXECUTIVE ORDER DATED JUNE 19. PROVIDING THE ALLOWANCES FOR MEN ON DUTY WHERE QUARTERS OR RATIONS IN KIND ARE NOT FURNISHED AND FOR MEN TRAVELING ON DUTY WHERE COOKED OR TRAVEL RATIONS ARE NOT FURNISHED.

A-18027, AUGUST 30, 1927, 7 COMP. GEN. 159

TRAVELING EXPENSES - ARMY ENLISTED MEN THE ACT OF APRIL 20, 1918, 40 STAT. 534, PROVIDING FOR REIMBURSEMENT OF ACTUAL TRAVELING EXPENSES OF ENLISTED MEN OF THE ARMY OR A FLAT PER DIEM IN LIEU THEREOF UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF WAR, IS INCONSISTENT WITH, AND THEREFORE REPEALED BY, SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, PROVIDING FOR MONETARY ALLOWANCES IN LIEU OF QUARTERS AND RATIONS TO ENLISTED MEN NOT FURNISHED QUARTERS OR RATIONS IN KIND, THE VALUE DEPENDING ON THE DIFFERENT CONDITIONS OF DUTY AND NOT TO EXCEED $4 PER DAY, UNDER REGULATIONS TO BE PRESCRIBED BY THE PRESIDENT AND TO BE UNIFORM FOR ALL THE SERVICES MENTIONED IN THE TITLE OF THE ACT OF JUNE 10, 1922.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 30, 1927:

THERE ARE FOR CONSIDERATION CERTAIN QUESTIONS ARISING IN THE ACCOUNTS OF DISBURSING OFFICERS RELATIVE TO TRAVEL EXPENSES OF ENLISTED MEN OF THE ARMY AUTHORIZED BY SECTION 67 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1034, AND THE ACT OF APRIL 20, 1918, 40 STAT. 534, AND MONETARY ALLOWANCES IN LIEU OF RATIONS AND QUARTERS FOR THE ENLISTED MEN OF ALL THE SERVICES MENTIONED IN THE TITLE OF THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, PROVIDED IN SECTION 11 OF THAT ACT, 42 STAT. 630, AND THE REGULATIONS MADE IN PURSUANCE THEREOF.

SECTION 67 OF THE NATIONAL DEFENSE ACT, 39 STAT. 199, PROVIDED THAT THE SUM ANNUALLY APPROPRIATED FOR THE SUPPORT OF THE NATIONAL GUARD SHALL BE AVAILABLE UNDER SUCH RULES AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR FOR THE ACTUAL AND NECESSARY EXPENSES INCURRED BY OFFICERS AND ENLISTED MEN OF THE REGULAR ARMY WHEN TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD. THIS PROVISION WAS REENACTED IN THE AMENDMENT OF THIS SECTION BY THE ACT OF SEPTEMBER 22, 1922.

THE ACT OF APRIL 20, 1918, 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.

SECTION 11 OF THE ACT OF JUNE 10, 1922, PROVIDES:

* * * TO EACH ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE, THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED, AND SHALL NOT EXCEED $4 PER DAY. THESE REGULATIONS SHALL BE UNIFORM FOR ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. * * *

REGULATIONS UNDER THIS PROVISION WERE PRESCRIBED BY EXECUTIVE ORDER DATED JUNE 19, 1922, PROVIDING THE ALLOWANCES FOR MEN ON DUTY WHERE QUARTERS OR RATIONS IN KIND ARE NOT FURNISHED AND FOR MEN TRAVELING ON DUTY WHERE COOKED OR TRAVEL RATIONS ARE NOT FURNISHED.

PROPOSED WAR DEPARTMENT REGULATIONS ON THE SUBJECT "REIMBURSEMENT OF TRAVELING EXPENSES OF ENLISTED MEN" WERE SUBMITTED TO THIS OFFICE RESPECTING WHETHER THE RATES PRESCRIBED THEREIN FOR REIMBURSEMENT OF TRAVEL EXPENSES AND PER DIEM ALLOWANCE IN LIEU THEREOF WERE LEGAL, AND WHETHER THE REGULATIONS WERE IN CONFORMITY WITH EXISTING STATUTES, AND THIS OFFICE SAID, UNDER DATE OF JULY 10, 1924, A-1887, THAT NO OBJECTIONS WERE PERCEIVED TO THE PROMULGATION OF THE AMENDED REGULATIONS, IT NOT BEING THEN QUESTIONED WHETHER THE ACT OF APRIL 20, 1918, IN SO FAR AS IT PROVIDED FOR TRAVEL EXPENSES, WAS CONSISTENT WITH SECTION 11 OF THE ACT OF JUNE 10, 1922. THESE REGULATIONS, NO. 35-4540, WERE PROMULGATED DECEMBER 15, 1924, AND HAVE BEEN SUPERSEDED BY AN ISSUE OF AUGUST 30, 1926, WHICH PROVIDE FOR THE REIMBURSEMENT OF TRAVEL EXPENSES UNDER THE FOLLOWING HEADS:

TRAVEL ON DUTY IN CONNECTION WITH THE NATIONAL GUARD.

TRAVEL BY AIR, AND OTHER TRAVEL.

SECTION 67 OF THE NATIONAL DEFENSE ACT APPEARS TO BE A SPECIAL PROVISION AUTHORIZING THE REIMBURSEMENT OF TRAVEL EXPENSES INCURRED BY ENLISTED MEN WHEN TRAVELING ON A PARTICULAR DUTY, THAT IN CONNECTION WITH THE NATIONAL GUARD, AND AS SUCH WAS NOT AFFECTED BY THE GENERAL PROVISIONS FOR SUBSISTENCE AND RENTAL ALLOWANCES MADE BY SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630. THAT IT WAS NOT INTENDED TO BE SO REPEALED IS CONFIRMED BY THE FACT OF THE REENACTMENT OF THE SAME PROVISIONS IN THE AMENDMENT OF THAT SECTION BY THE LATER ACT OF SEPTEMBER 22, 1922.

THE RIGHT OF ENLISTED MEN OF THE ARMY ON FLYING DUTY TO ACTUAL EXPENSES FOR TRAVEL BY AIR UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF WAR, PREVIOUSLY AUTHORIZED UNDER THE GENERAL TERMS OF THE ACT OF APRIL 20, 1918, WAS CONTINUED, BUT UNDER REGULATIONS TO BE PRESCRIBED BY THE PRESIDENT, AND AS SO CONTINUED, WAS EXTENDED TO THE ENLISTED MEN OF THE NAVY, MARINE CORPS, AND COAST GUARD DETAILED TO DUTY INVOLVING FLYING BY SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, 633, 2 COMP. GEN. 185.

UNDER THE HEAD OF "OTHER TRAVEL" THE 1926 REGULATIONS PROVIDE UNDER AUTHORITY OF THE ACT OF APRIL 20, 1918, FOR REIMBURSEMENT TO ENLISTED MEN OF THE ARMY GENERALLY OF TRAVEL EXPENSES WITHIN A MAXIMUM RATE IN EXCESS OF THE RATES PROVIDED IN THE EXECUTIVE ORDER OF JUNE 19, 1922, ISSUED IN PURSUANCE OF SECTION 11 OF THE ACT OF JUNE 10, 1922.

THE QUESTION THUS ARISES WHETHER THE PROVISIONS OF THE ACT OF APRIL 20, 1918, AUTHORIZING REIMBURSEMENT OF TRAVEL EXPENSES OR A FLAT PER DIEM IN LIEU THEREOF TO ENLISTED MEN OF THE ARMY UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF WAR IS INCONSISTENT WITH SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, WHICH MAKES GENERAL PROVISION FOR SUBSISTENCE AND RENTAL ALLOWANCES, AND THEREFORE REPEALED BY SECTION 22 OF SAID ACT, 42 STAT. 633, WHICH PROVIDES THAT ,ALL LAWS AND PARTS OF LAWS WHICH ARE INCONSISTENT HEREWITH OR IN CONFLICT WITH THE PROVISIONS HEREOF ARE HEREBY REPEALED. * * *"

IN THE COMMENTS ON THE JOINT SERVICE PAY BILL, H.R. 10972, IN REGARD TO SECTION 11 THEREOF, WHICH BECAME SECTION 11 OF THE ACT OF JUNE 10, 1922, IT WAS SAID:

TO ENLISTED MEN NOT FURNISHED QUARTERS OR RATIONS IN KIND, THERE ARE NOW ALLOWED VARYING AMOUNTS FOR SUBSISTENCE, OR FOR SUBSISTENCE AND ROOM. EXCEPTIONAL CASES, WHERE THESE MEN TRAVEL FROM PLACE TO PLACE FOR SHORT PERIODS, INCURRING EXPENSES FOR TRANSIENT ACCOMMODATIONS AT HOTELS, MEALS, ETC., AN AMOUNT EQUAL TO $4 PER DAY IS ALLOWED. IN THE GREAT MAJORITY OF CASES THESE AMOUNTS ARE MUCH SMALLER. THIS BILL ESTABLISHES, UNDER THE DIRECTION OF THE PRESIDENT, UNIFORM REGULATIONS FOR ALL SERVICES. (SEE HOUSE COMMITTEE ON READJUSTMENT SERVICE PAY HEARINGS, P. 31, 67TH CONGRESS, 2D SESSION.)

IT THUS APPEARS THAT SECTION 11 OF THE ACT OF JUNE 10, 1922, WAS DESIGNED TO COVER ALL SITUATIONS, INCLUDING TRAVEL, NOT OTHERWISE SPECIFICALLY PROVIDED FOR, WHERE ENLISTED MEN OF ALL THE SERVICES MENTIONED IN THE ACT WERE NOT FURNISHED QUARTERS OR RATIONS. THE ALLOWANCES THEREIN PROVIDED FOR ENLISTED MEN GENERALLY ARE EXCLUSIVE OF ANY OTHER TRAVEL ALLOWANCE OR REIMBURSEMENT OF TRAVEL EXPENSES. TO REIMBURSE ACTUAL EXPENSES TO ENLISTED MEN OF THE ARMY GENERALLY UNDER CERTAIN CONDITIONS IN LIEU OF THE ALLOWANCES PRESCRIBED FOR THE ENLISTED MEN OF ALL THE SERVICES INCLUDED IN SAID SECTION 11, DESTROYS THAT UNIFORMITY SOUGHT TO BE ACCOMPLISHED BY SECTION 11.

IT IS HELD THAT THE PROVISIONS OF THE ACT OF APRIL 20, 1918, AS APPLYING TO TRAVEL EXPENSES OR PER DIEM IN LIEU THEREOF OF ENLISTED MEN OF THE ARMY GENERALLY ARE INCONSISTENT WITH THE OBJECTS AND PURPOSES OF SECTION 11 OF THE ACT OF JUNE 10, 1922, AND TO THE EXTENT OF THE INCONSISTENCY THE FORMER MUST BE HELD TO HAVE BEEN REPEALED. IT FOLLOWS THAT THE REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR PROVIDING FOR THE PAYMENT OF TRAVEL EXPENSES TO ENLISTED MEN OF THE ARMY FOR TRAVEL OTHER THAN AIR TRAVEL AND TRAVEL IN CONNECTION WITH THE NATIONAL GUARD OR TRAVEL OTHERWISE SPECIFICALLY PROVIDED FOR BY LAW ARE NOT IN CONFORMITY WITH LAW.

THE EXECUTIVE ORDER OF JUNE 19, 1922, NO. 3694, ISSUED IN PURSUANCE OF SECTION 11 OF THE ACT OF JUNE 10, 1922, PROVIDES:

UNDER AUTHORITY OF THE ACT OF CONGRESS APPROVED JUNE 10, 1922, THE FOLLOWING ALLOWANCES FOR QUARTERS AND SUBSISTENCE FOR ENLISTED MEN, WHO ARE NOT FURNISHED QUARTERS OR RATIONS IN KIND, ARE ANNOUNCED AND MADE APPLICABLE TO THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE.

TABLE

TABLE I

I. MEN ON DUTY WHERE QUARTERS OR RATIONS IN KIND ARE NOT FURNISHED WILL BE GRANTED DAILY ALLOWANCES AS FOLLOWS:

NO GOVERNMENT GOVERNMENT

MESSING MESSING

FACILITIES FACILITIES

FURNISHED FURNISHED A. GENERAL:

(A) SUBSISTENCE ------------------- $1.20 $1.00

(B) QUARTERS ---------------------- .75 .75 B. SPECIAL--- ALASKA, EUROPE, AND SOUTH

AMERICA:

(A) SUBSISTENCE ------------------- 2.10 1.90

(B) QUARTERS ---------------------- 1.00 1.00

NOTE.--- 1. UPON ARRIVAL AT OR DEPARTURE FROM A STATION WHERE ALLOWANCES FOR SUBSISTENCE ARE PAID, SAME WILL BE COMPUTED AS FOLLOWS: THE DAY TO BEGIN AT MIDNIGHT; FOR 18 HOURS OR MORE AT THE STATION, ONE WHOLE DAY; FOR 12 HOURS OR OVER, BUT LESS THAN 18 HOURS AT THE STATION, TWO-THIRDS OF ONE DAY; FOR 6 HOURS OR OVER, BUT LESS THAN 12 HOURS AT THE STATION, ONE-THIRD OF ONE DAY. NO ALLOWANCE FOR SUBSISTENCE WILL BE PAID FOR THE DAY ON WHICH A MAN ARRIVES AT A STATION AFTER SIX O-CLOCK P.M.

2. IN DETERMINING THE ALLOWANCE FOR QUARTERS A FRACTIONAL PART OF A DAY WILL BE COMPUTED AS A WHOLE DAY, THE DAY TO BEGIN AT MIDNIGHT.

TABLE

TABLE II

II. MEN TRAVELING ON DUTY WHERE COOKED OR TRAVEL RATIONS ARE NOT FURNISHED FOR THE JOURNEY WILL BE GRANTED DAILY ALLOWANCES AS FOLLOWS:

TRAVEL STATUS INVOLVING DETENTION

TRAVEL STATUS DETENTION OF

DETENTION OF 7 DAYS OR OVER,

LESS THAN 7 BUT NOT MORE

DAYS THAN 30 DAYS A. SLEEPING-CAR, STATEROOM

ACCOMMODATIONS OR OTHER

QUARTERS FURNISHED:

(A) SUBSISTENCE ---- $2.25 $1.65 $1.40 B. NO SLEEPING-CAR,

STATEROOM ACCOMMODATIONS

OR OTHER QUARTERS

FURNISHED:

(A) SUBSISTENCE ---- 2.25 1.65 1.40

(B) QUARTERS ------- 1.50 1.00 .75 C. SPECIAL--- ALASKA, EUROPE,

AND SOUTH AMERICA:

(A) SUBSISTENCE ---- 2.50 2.50 2.10

(B) QUARTERS (IF NOT

FURNISHED BY THE

GOVERNMENT) ---- 1.50 1.00 1.00

NOTE.--- 1. WHEN IN TRAVEL STATUS ALLOWANCES FOR SUBSISTENCE WILL BE COMPUTED AS FOLLOWS FOR THE DAY OF DEPARTURE FROM AND ARRIVAL AT STATION:THE DAY TO BEGIN AT MIDNIGHT; FOR 18 HOURS OR MORE IN TRAVEL STATUS, ONE WHOLE DAY; FOR 12 HOURS OR OVER, BUT LESS THAN 18 HOURS IN TRAVEL STATUS, TWO-THIRDS OF ONE DAY; FOR LESS THAN 12 HOURS IN TRAVEL STATUS, ONE-THIRD OF ONE DAY; NO ALLOWANCE WILL BE PAID FOR THE FIRST DAY OF A JOURNEY WHICH BEGINS AFTER SIX O-CLOCK P.M.

2. IN DETERMINING THE ALLOWANCE FOR QUARTERS A FRACTIONAL PART OF A DAY WILL BE COMPUTED AS A WHOLE DAY, THE DAY TO BEGIN AT MIDNIGHT. ALLOWANCE WILL BE PAID FOR THE FIRST DAY OF A JOURNEY WHICH BEGINS AFTER SIX O-CLOCK P.M.

3. MEN ABSENT UNDER ORDERS FROM THEIR REGULAR STATIONS UPON DUTY WHICH INVOLVES TRAVEL AND ALSO TEMPORARY DETENTIONS DURING THE JOURNEY WILL BE DEEMED TO BE TRAVELING UNDER ORDERS DURING THE ENTIRE PERIOD OF SUCH ABSENCE. ALLOWANCES FOR THE PERIODS SPENT IN ACTUAL TRAVEL WILL BE COMPUTED AS ON A "TRAVEL STATUS" BASIS. ALLOWANCES FOR THE PERIODS OF DETENTION WILL BE AS INDICATED IN TABLE II. IF THE PERIOD OF DETENTION IS MORE THAN 31 DAYS THE ALLOWANCE PRESCRIBED IN TABLE I WILL GOVERN.

THE TRAVEL REGULATIONS ISSUED BY THE SEVERAL SERVICES CONTAINING DETAILED INSTRUCTIONS TO CARRY OUT THE EXECUTIVE ORDER ARE IN SOME RESPECTS NOT IN ACCORDANCE WITH THE EXECUTIVE ORDER AND ALSO DIFFER FROM EACH OTHER. FOR EXAMPLE, ARMY REGULATION 34-4520 (8-C) PROVIDES IN THE CASE OF AN ENLISTED MAN TRAVELING ON RECRUITING DUTY, THAT DETENTIONS IN THE VARIOUS TOWNS HE VISITS IN THE PERFORMANCE OF HIS DUTY WILL BE DISREGARDED AND HE WILL BE PAID, FOR THE ENTIRE DURATION OF SUCH AN ABSENCE, THE ALLOWANCE FOR A TRAVEL STATUS NOT INVOLVING DETENTION, AND IN PARAGRAPH 212 OF INSTRUCTIONS FOR RECRUITING OFFICERS OF UNITED STATES NAVY IT IS PROVIDED THAT UNDER SIMILAR CIRCUMSTANCES THE ENLISTED MAN IS ENTITLED TO THE ALLOWANCE OF $3.75 PER DAY AS IN A TRAVEL STATUS, PROVIDED THE TIME SPENT CONTINUOUSLY IN ONE TOWN DOES NOT EXCEED 72 HOURS.

THE REGULATIONS OR INSTRUCTIONS ABOVE REFERRED TO ARE CLEARLY CONTRARY TO THE EXECUTIVE ORDER. A PROVISION SIMILAR TO THE ARMY PROVISION WAS CONTAINED IN ARTICLES 14-96 OF THE MARINE CORPS MANUAL, BUT WAS RESCINDED BY CHANGES NO. 1, APRIL 1, 1927.

THE FOLLOWING QUESTIONS HAVE ARISEN IN THE AUDIT REQUIRING A CONSTRUCTION OF THE EXECUTIVE ORDER IN ITS APPLICATION TO CERTAIN SITUATIONS: 1. WHAT ARE THE ALLOWANCES FOR TRAVEL FOR A FRACTIONAL PART OF A DAY, WHEN A MAN DEPARTS FROM HIS STATION IN THE MORNING AND RETURNS IN THE EVENING OF THE SAME DAY, NO ALLOWANCES IN KIND BEING FURNISHED EITHER AT THE STATION OR WHILE IN A TRAVEL STATUS?

IN DETERMINING THE ALLOWANCE FOR QUARTERS A FRACTIONAL PART OF A DAY IS COMPUTED AS A WHOLE DAY. UNDER THE CIRCUMSTANCES STATED THE MAN IS IN RECEIPT OF QUARTERS ALLOWANCE AT HIS STATION. THE ALLOWANCE FOR QUARTERS AS IN A TRAVEL STATUS IS THEREFORE NOT AUTHORIZED.

IN COMPUTING THE SUBSISTENCE ALLOWANCE THE MAN IS ENTITLED TO THE ALLOWANCE THEREFOR UNDER TABLE I ACCORDING TO THE NUMBER OF HOURS AT HIS STATION, AND UNDER TABLE II, AS IN TRAVEL STATUS, ACCORDING TO THE NUMBER OF HOURS HE WAS ABSENT EXCEPT FOR SHORT ABSENCES BETWEEN USUAL MEAL HOURS. SEE DECISION OF AUGUST 7, 1925, A-10084. FOR EXAMPLE, WHERE A MAN DEPARTS FROM HIS STATION AT 8 A.M. AND RETURNS AT 10 P.M., THUS BEING AT HIS STATION 10 HOURS AND ABSENT 14, HE WOULD BE ENTITLED UNDER TABLE I FOR QUARTERS FOR ONE DAY AND FOR SUBSISTENCE ONE-THIRD OF A DAY, AND UNDER TABLE II FOR SUBSISTENCE TWO-THIRDS OF A DAY.

2. WHAT IS THE BASIS FOR COMPUTING THE ALLOWANCES FOR THE DAY OF DEPARTURE FROM A STATION ON THE FIRST DAY OF A JOURNEY, AND FOR THE DAY OF ARRIVAL AT STATION ON THE COMPLETION OF A JOURNEY, NO ALLOWANCES IN KIND BEING FURNISHED EITHER AT THE STATION OR WHILE IN A TRAVEL STATUS?

THE SUBSISTENCE ALLOWANCE SHOULD BE COMPUTED IN ACCORDANCE WITH THE NUMBER OF HOURS THE MAN IS IN A TRAVEL AND IN A NONTRAVEL STATUS AS STATED UNDER THE PRECEDING QUESTION, EXCEPT WHERE THE DEPARTURE FROM THE STATION IS AFTER 6 O-CLOCK P.M., THE FULL STATION SUBSISTENCE ALLOWANCE FOR THAT DAY IS PAYABLE, AND WHEN THE ARRIVAL AT THE STATION IS AFTER 6 O-CLOCK P.M. THE FULL TRAVEL SUBSISTENCE ALLOWANCE IS PAYABLE AS PROVIDED IN THE EXECUTIVE ORDER.

AS TO THE QUARTERS ALLOWANCE, NOTE 2 UNDER TABLE I PROVIDES:

IN DETERMINING THE ALLOWANCE FOR QUARTERS A FRACTIONAL PART OF A DAY WILL BE COMPUTED AS A WHOLE DAY, THE DAY TO BEGIN AT MIDNIGHT.

NOTE 2 UNDER TABLE II PROVIDES THE SAME, AND IN ADDITION:

* * * NO ALLOWANCE WILL BE PAID FOR THE FIRST DAY OF A JOURNEY WHICH BEGINS AFTER SIX O-CLOCK P.M.

THE EXECUTIVE ORDER IS SILENT ON THIS QUESTION, EXCEPT AS TO THE PROVISION THAT NO QUARTERS ALLOWANCE AS IN A TRAVEL STATUS WILL BE PAID FOR THE FIRST DAY OF A JOURNEY WHICH BEGINS AFTER 6 O-CLOCK P.M.

ARMY REGULATIONS 35-1340, PARAGRAPH 14, SEEMS TO DIVIDE THE TOTAL PER DIEM ALLOWANCE, SUBSISTENCE, AND QUARTERS, IN ACCORDANCE WITH THE HOUR OF ARRIVAL AT AND DEPARTURE FROM THE STATION. I FIND NO SPECIFIC REGULATION OF THE NAVY IN REGARD TO THE MATTER, BUT UNDERSTAND THE PRACTICE IS TO ALLOW THE STATION ALLOWANCE FOR QUARTERS FOR THE DAY OF ARRIVAL AT THE STATION. IT HAS BEEN THE PRACTICE FOR YEARS, BASED ON 7 COMP. DEC. 338, TO CONSIDER THE COST OF LODGING IN CLAIMS FOR REIMBURSEMENT OF TRAVEL EXPENSES AS PERTAINING TO THE DAY IN WHICH THE NIGHT BEGAN FOR WHICH THE LODGING WAS PROCURED.

UNDER THE CIRCUMSTANCES, AND IN THE ABSENCE OF A MORE SPECIFIC REGULATION ON THE SUBJECT, IT IS CONCLUDED THAT FOR THE FIRST DAY OF A JOURNEY, IF THE DEPARTURE IS PRIOR TO 6 O-CLOCK P.M., THE TRAVEL QUARTERS ALLOWANCE MAY BE ALLOWED AND IF THE DEPARTURE IS AFTER 6 O CLOCK P.M. NO ALLOWANCE MAY BE MADE, AS PROVIDED IN THE ORDER. FOR THE DAY OF ARRIVAL AT STATION, THE STATION ALLOWANCE FOR QUARTERS MAY BE ALLOWED.

3. WHAT IS THE BASIS OF COMPUTATION FOR THE DAY ON WHICH THE CHANGE IS MADE FROM AN ACTUAL TRAVEL TO A DETENTION STATUS AND FROM A DETENTION TO AN ACTUAL TRAVEL STATUS, NO ALLOWANCES IN KIND BEING FURNISHED?

APPARENTLY THE WORD "STATION," AS USED IN NOTE 1 UNDER TABLE II, REFERS TO THE REGULAR PLACE OF DUTY OF THE ENLISTED MAN AND DOES NOT INCLUDE THE PLACE OF DETENTION. THE DIVISION OF THE SUBSISTENCE ALLOWANCE FOR ONE DAY AS THEREIN PROVIDED DOES NOT APPLY TO THE PLACE OF DETENTION.

THE EXECUTIVE ORDER IS SILENT ON THIS QUESTION. IN THE ABSENCE OF A SPECIFIC REGULATION IN REGARD TO THE MATTER, THE DAY OF THE CHANGE WILL BE CONSIDERED A DAY OF ACTUAL TRAVEL.

4. WHAT IS THE BASIS OF COMPUTATION FOR DETENTION PERIODS, NO ALLOWANCES IN KIND BEING FURNISHED?

THE INTENT OF THE EXECUTIVE ORDER IS TO PROVIDE FOR THE ADDITIONAL EXPENSE INCIDENT TO SHORT STOPS. ACCORDINGLY THE RATE FOR DETENTION FOR LESS THAN 7 DAYS SHOULD BE ALLOWED FOR THE FIRST 6 DAYS, THE RATE FOR DETENTION FOR 7 AND NOT MORE THAN 31 DAYS DURING THAT PERIOD, AND THE RATE FOR OVER 31 DAYS' DETENTION FOR THE PERIOD IN EXCESS OF 31 DAYS. FOR EXAMPLE, IF THERE IS DETENTION OF 45 DAYS, PAYMENT AT THE FIRST-NAMED RATE SHOULD BE MADE FOR THE FIRST 6 DAYS, AT THE SECOND NAMED RATE FOR THE SEVENTH TO THE THIRTY-FIRST DAY, BOTH INCLUSIVE, AND AT THE THIRD-NAMED RATE FOR THE BALANCE OF THE DETENTION PERIOD.

THIS DECISION WILL BE APPLIED IN THE AUDIT TO ALL SUCH PAYMENTS MADE FOR PERIODS BEGINNING OCTOBER 1, 1927. SUCH PAYMENTS MADE FOR PERIODS PRIOR TO THAT DATE IN ACCORDANCE WITH THE REGULATIONS AND INSTRUCTIONS ISSUED BY THE DIFFERENT DEPARTMENTS CONCERNED WILL BE PASSED IN THE AUDIT IF OTHERWISE CORRECT.