A-18943, JUNE 25, 1927, 6 COMP. GEN. 847

A-18943: Jun 25, 1927

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ARE NOT ENTITLED. 1927: THERE IS FOR CONSIDERATION THE INTENTION AND MEANING OF PARAGRAPH 14 OF THE EXECUTIVE ORDER OF MARCH 10. WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS. WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN. SHALL RECEIVE THE SAME INCREASE OF THEIR PAY AND THE SAME ALLOWANCE FOR TRAVELING EXPENSES AS ARE AUTHORIZED FOR THE PERFORMANCE OF LIKE DUTIES IN THE ARMY. THE NUMBER OF OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT WHO MAY BE REQUIRED BY COMPETENT AUTHORITY TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN.

A-18943, JUNE 25, 1927, 6 COMP. GEN. 847

TRAVELING EXPENSES - AIR TRAVEL - ENCAMPMENTS - NATIONAL GUARD OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN FORMING THE PERSONNEL OF ORGANIZATIONS OF THE NATIONAL GUARD MOVING AS SUCH BY AIR TO AND FROM ENCAMPMENTS HELD UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 206, ARE NOT ENTITLED, UNDER PARAGRAPH 14 OF EXECUTIVE ORDER NO. 4610 OF MARCH 10, 1927, TO REIMBURSEMENT OF TRAVELING EXPENSES INCURRED BY REASON OF SUCH TRAVEL.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 25, 1927:

THERE IS FOR CONSIDERATION THE INTENTION AND MEANING OF PARAGRAPH 14 OF THE EXECUTIVE ORDER OF MARCH 10, 1927, NO. 4610, ESTABLISHING REGULATIONS UNDER SECTION 20 OF THE JOINT PAY ACT OF JUNE 10, 1922, AS AMENDED BY SECTION 6 OF THE ACT OF JULY 2, 1926, 44 STAT. 782, CREATING AN AIR COPRS OF THE ARMY, SO FAR AS IT RELATES TO REIMBURSEMENT OF TRAVEL EXPENSES FOR TRAVEL BY AIR OF OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD TRAVELING TO AND FROM ENCAMPMENTS HELD UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT.

SECTION 20, AS AMENDED, PROVIDES:

THAT ALL OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF ALL BRANCHES OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD, WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT, SHALL RECEIVE THE SAME INCREASE OF THEIR PAY AND THE SAME ALLOWANCE FOR TRAVELING EXPENSES AS ARE AUTHORIZED FOR THE PERFORMANCE OF LIKE DUTIES IN THE ARMY. EXCLUSIVE OF THE ARMY AIR CORPS, AND STUDENT AVIATORS AND QUALIFIED AIRCRAFT PILOTS OF THE NAVY, MARINE CORPS, AND COAST GUARD, THE NUMBER OF OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT WHO MAY BE REQUIRED BY COMPETENT AUTHORITY TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT SHALL NOT AT ANY ONE TIME EXCEED 1 PERCENTUM OF THE TOTAL AUTHORIZED COMMISSIONED STRENGTH OF SUCH SERVICE. OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTIONS 92, 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AND OF THE RESERVES OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT CALLED TO ACTIVE DUTY SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT AND WHEN SUCH FLYING INVOLVES TRAVEL THEY SHALL ALSO RECEIVE THE SAME ALLOWANCES FOR TRAVELING EXPENSES AS ARE OR HEREAFTER MAY BE AUTHORIZED FOR THE REGULAR ARMY: PROVIDED, THAT WHEN OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD ARE ENTITLED TO ARMORY DRILL PAY, THE INCREASE OF 50 PERCENTUM THEREOF HEREIN PROVIDED SHALL BE BASED ON THE ENTIRE AMOUNT OF SUCH ARMORY DRILL PAY TO WHICH THEY SHALL BE ENTITLED FOR A CALENDAR MONTH OR FRACTIONAL PART THEREOF, AND THE REQUIRED AERIAL FLIGHTS MAY BE MADE AT ORDERED DRILLS OF AN AIR SERVICE ORGANIZATION, OR AT OTHER TIMES WHEN SO AUTHORIZED BY THE PRESIDENT. REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION SHALL BE MADE BY THE PRESIDENT AND SHALL, WHENEVER PRACTICABLE IN HIS JUDGMENT, BE UNIFORM FOR ALL THE SERVICES CONCERNED.

PARAGRAPH 14 OF THE EXECUTIVE ORDER PROVIDES:

WHEN TRAVELING IN A CONTINUOUS JOURNEY BY AIR ON DUTY WITHOUT TROOPS, UNDER COMPETENT ORDERS, ACTUAL AND NECESSARY EXPENSES, NOT TO EXCEED $8.00 PER DAY, SHALL BE PAID TO OFFICERS, CONTRACT SURGEONS, WARRANT OFFICERS, AND ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, AND THE NATIONAL GUARD. WHEN TRAVELING BY AIR UNDER COMPETENT ORDERS, TO AND FROM ENCAMPMENTS HELD UNDER SECTION 94, NATIONAL DEFENSE ACT, OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD SHALL BE REIMBURSED AS PROVIDED HEREIN.

THE ACT OF JULY 11, 1919, 41 STAT. 109, 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: * * *.

EVER SINCE PAY RIGHTS OR ALLOWANCES HAVE BEEN AUTHORIZED FOR DUTY WITH OR WITHOUT TROOPS ,TRAVELING WITH TROOPS" HAS BEEN REGARDED AS COVERING ALL CASES OF OFFICERS INCLUDED IN ORDERS FOR MOVEMENT IN WHATEVER MANNER OF THEIR APPROPRIATE COMMANDS. SO ALSO PAYMENTS OF TRAVEL EXPENSES, AS SUCH, TO ENLISTED MEN IS AUTHORIZED ONLY FOR TRAVEL UNDER ORDERS WHEN "NOT EMBRACED IN THE MOVEMENT OF TROOPS.' ACT OF APRIL 20, 1918, 40 STAT. 534. UNDER THESE BASIC LAWS IT HAS BEEN HELD THAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF A NATIONAL GUARD ORGANIZATION PRECEDING AS A UNIT BY AIR TO AN ENCAMPMENT ARE NOT IN A TRAVEL STATUS AND ARE NOT ENTITLED TO REIMBURSEMENT OF TRAVEL EXPENSES UNDER THE ACTS OF JULY 11, 1919, OR APRIL 20, 1918. 6 COMP. GEN. 398.

THE LAST SENTENCE OF PARAGRAPH 14 OF THE EXECUTIVE ORDER IS, THEREFORE, NOT UNDERSTOOD AS INTENDING BY "REGULATION" TO GIVE A RIGHT DIRECTLY CONTRARY TO THE SPECIFIC TERMS OF THE LAWS AUTHORIZING PAYMENT OF TRAVEL EXPENSES. THE PURPOSES OF THE CITED SENTENCE APPARENTLY WAS TO PROVIDE FOR PAYMENT OF TRAVEL EXPENSES TO OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD TRAVELING BY AIR ON DUTY WITHOUT TROOPS UNDER COMPETENT ORDERS TO AND FROM ENCAMPMENTS ONLY WHEN ALL THE REQUISITES OF THE STATUTES AUTHORIZING REIMBURSEMENT OF TRAVEL EXPENSES FOR TRAVEL BY SUCH PERSONNEL ARE MET; THAT IS, (1) THE TRAVEL IS BY AIR, (2) IS ON DUTY WITHOUT TROOPS, AND (3) IS UNDER COMPETENT ORDERS. IT WILL NOT BE INTERPRETED AS AUTHORIZING REIMBURSEMENT OF TRAVEL EXPENSES TO OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN FORMING THE PERSONNEL OF ORGANIZATIONS OF THE NATIONAL GUARD MOVING AS SUCH BY AIR TO AND FROM ENCAMPMENTS HELD UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT.