A-21580, FEBRUARY 16, 1928, 7 COMP. GEN. 490

A-21580: Feb 16, 1928

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MILEAGE - ARMY OFFICER TAKEN ILL WHILE TRAVELING BY AIR AN OFFICER OF THE ARMY WHO WAS TAKEN ILL WHILE TRAVELING UNDER COMPETENT ORDERS BY AIRPLANE AND WHO ENTERED A HOSPITAL AWAY FROM HIS PERMANENT DUTY STATION IS ENTITLED TO MILEAGE FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF FIRST LIEUT. IT APPEARS THAT LIEUTENANT SMITH'S PERMANENT DUTY STATION WAS FORT SAM HOUSTON. HE WAS PROCEEDING FROM FORT SAM HOUSTON TO WRIGHT FIELD. HE WAS TAKEN ILL AND ENTERED THE HOSPITAL AT FORT THOMAS. STATED THAT LIEUTENANT SMITH WAS "NOW IN HOSPITAL. WHERE CLAIMANT WAS TAKEN ILL. WAS NOT FOR THE PURPOSE OF UNDERGOING MEDICAL TREATMENT.

A-21580, FEBRUARY 16, 1928, 7 COMP. GEN. 490

MILEAGE - ARMY OFFICER TAKEN ILL WHILE TRAVELING BY AIR AN OFFICER OF THE ARMY WHO WAS TAKEN ILL WHILE TRAVELING UNDER COMPETENT ORDERS BY AIRPLANE AND WHO ENTERED A HOSPITAL AWAY FROM HIS PERMANENT DUTY STATION IS ENTITLED TO MILEAGE FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS, AFTER RECOVERY FROM HIS ILLNESS, FROM THE HOSPITAL TO HIS PROPER STATION.

COMPTROLLER GENERAL MCCARL TO CAPT. H. G. COYKENDALL, UNITED STATES ARMY, FEBRUARY 16, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 18, 1928, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF FIRST LIEUT. JUNIUS A. SMITH, AIR CORPS, UNITED STATES ARMY, FOR MILEAGE FROM FORT THOMAS, KY., TO FORT SAM HOUSTON, TEX., FOR JOURNEY COMMENCED OCTOBER 29, 1927, AND COMPLETED OCTOBER 31, 1927.

IT APPEARS THAT LIEUTENANT SMITH'S PERMANENT DUTY STATION WAS FORT SAM HOUSTON, TEX. IN OBEDIENCE TO SPECIAL ORDERS NO. 109, HEADQUARTERS SECOND DIVISION AND FORT SAM HOUSTON, DATED OCTOBER 3, 1927, HE WAS PROCEEDING FROM FORT SAM HOUSTON TO WRIGHT FIELD, OHIO, FOR TEMPORARY DUTY IN CONNECTION WITH THE DEDICATION, OCTOBER 12, 1927, OF WRIGHT FIELD. UPON ARRIVAL AT CINCINNATI, OHIO, HE WAS TAKEN ILL AND ENTERED THE HOSPITAL AT FORT THOMAS, KY., FOR MEDICAL TREATMENT. SPECIAL ORDERS NO. 243, HEADQUARTERS, FORT THOMAS, KY., DATED OCTOBER 28, 1927, STATED THAT LIEUTENANT SMITH WAS "NOW IN HOSPITAL, CASUALLY AT THIS STATION," AND DIRECTED HIM TO PROCEED WITHOUT DELAY TO FORT SAM HOUSTON, REPORTING UPON ARRIVAL THEREAT TO HIS COMMANDING OFFICER FOR DUTY.

ARMY REGULATIONS 35-4830, PARAGRAPH 2-F, CITED BY YOU, HAS NO APPLICATION TO THIS CASE. THE TRAVEL TO CINCINNATI, OHIO, WHERE CLAIMANT WAS TAKEN ILL, WAS NOT FOR THE PURPOSE OF UNDERGOING MEDICAL TREATMENT, AND THE ORDERS OF OCTOBER 28, 1927, UNDER WHICH THE TRAVEL HERE IN QUESTION WAS PERFORMED, CONSTITUTED A MODIFICATION OF THE UNCOMPLETED PORTION OF HIS PRIOR ORDERS CHANGING THE MODE OF TRAVEL FROM BY AIR TO TRAVEL IN A MILEAGE STATUS.

THE TRAVEL HAVING BEEN PERFORMED UNDER COMPETENT ORDERS, WITHOUT TROOPS, IN A DUTY STATUS, THE PAYMENT OF MILEAGE, LESS DEDUCTIONS FOR TRANSPORTATION FURNISHED, IS AUTHORIZED.