A-23062, JUNE 19, 1928, 7 COMP. GEN. 802

A-23062: Jun 19, 1928

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MILEAGE - ROUTE - DEDUCTIONS FOR TRANSPORTATION FURNISHED WHERE THERE ARE ONE OR MORE ROUTES OTHER THAN THE OFFICIAL ROUTE BETWEEN TWO POINTS INVOLVED IN A MILEAGE ACCOUNT WHICH ARE COMPETITIVE AND EQUALIZE WITH THE OFFICIAL ROUTE. THE COST TO THE GOVERNMENT FOR FURNISHING TRANSPORTATION OVER SUCH ROUTE IS THE SAME AS OVER THE OFFICIAL ROUTE. - THE DEDUCTION FOR TRANSPORTATION FURNISHED AN OFFICER OF THE ARMY OVER SUCH COMPETITIVE ROUTE IS THE SAME AS IF THE TRANSPORTATION HAD BEEN FURNISHED OVER THE OFFICIAL ROUTE. 7 COMP. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER FOR $8.13 IN FAVOR OF FIRST LIEUT. IT APPEARS THAT FIRST LIEUTENANT BANFILL WAS FURNISHED TRANSPORTATION FOR SAID TRAVEL FROM SAN ANTONIO.

A-23062, JUNE 19, 1928, 7 COMP. GEN. 802

MILEAGE - ROUTE - DEDUCTIONS FOR TRANSPORTATION FURNISHED WHERE THERE ARE ONE OR MORE ROUTES OTHER THAN THE OFFICIAL ROUTE BETWEEN TWO POINTS INVOLVED IN A MILEAGE ACCOUNT WHICH ARE COMPETITIVE AND EQUALIZE WITH THE OFFICIAL ROUTE--- I.E., THE COST TO THE GOVERNMENT FOR FURNISHING TRANSPORTATION OVER SUCH ROUTE IS THE SAME AS OVER THE OFFICIAL ROUTE--- THE DEDUCTION FOR TRANSPORTATION FURNISHED AN OFFICER OF THE ARMY OVER SUCH COMPETITIVE ROUTE IS THE SAME AS IF THE TRANSPORTATION HAD BEEN FURNISHED OVER THE OFFICIAL ROUTE. 7 COMP. GEN. 498, AMPLIFIED.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, JUNE 19, 1928:

THERE HAS BEEN RECEIVED, THROUGH THE CHIEF OF FINANCE, UNITED STATES ARMY, YOUR LETTER OF MAY 8, 1928, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER FOR $8.13 IN FAVOR OF FIRST LIEUT. CHARLES Y. BANFILL, AIR CORPS, UNITED STATES ARMY, REPRESENTING A BALANCE CLAIMED TO BE DUE THAT OFFICER FOR MILEAGE FOR TRAVEL PERFORMED UNDER PARAGRAPH 1 OF SPECIAL ORDER NO. 72, APRIL 5, 1928, DIRECTING HIM TO PROCEED BY RAIL FROM SAN ANTONIO, TEX., TO WASHINGTON, D.C.

IT APPEARS THAT FIRST LIEUTENANT BANFILL WAS FURNISHED TRANSPORTATION FOR SAID TRAVEL FROM SAN ANTONIO, TEX., TO WASHINGTON, D.C., VIA SOUTHERN PACIFIC TO NEW ORLEANS, LA., LOUISVILLE AND NASHVILLE RAILWAY TO MONTGOMERY, ALA., ATLANTA AND WEST POINT, TO ATLANTA, GA., AND SOUTHERN RAILWAY TO WASHINGTON; THAT THE OFFICIAL ROUTE FROM SAN ANTONIO, TEX., TO WASHINGTON, D.C., IS VIA SOUTHERN PACIFIC TO NEW ORLEANS, LA., THENCE SOUTHERN RAILWAY AND CONNECTIONS VIA CHATTANOOGA AND BRISTOL, TENN., TO WASHINGTON, AND THE DISTANCE 1,689 MILES; THAT ON VOUCHER NO. 6439, APRIL, 1928, ACCOUNT YOU PAID HIM MILEAGE COMPUTED AS FOLLOWS:

TABLE SAN ANTONIO, TEX., TO WASHINGTON, D.C., 1,689 MILES AT 8 CENTS PER MILE ------------------------------------------ $135.12 DEDUCTIONS: MILES

LAND-GRANT ON THE OFFICIAL ROUTE WHICH

WAS NOT COVERED IN THE TRANSPORTATION

FURNISHED --------------------------------- 245 TRANSPORTATION FURNISHED:

SAN ANTONIO TO NEW ORLEANS VIA SOUTHERN

PACIFIC ----------------------------------- 573

NEW ORLEANS TO MONTGOMERY VIA LOUISVILLE AND

NASHVILLE --------------------------------- 318

MONTGOMERY TO ATLANTA VIA ATLANTA AND WEST

POINT ------------------------------------- 175

ATLANTA TO WASHINGTON VIA SOUTHERN -------- 649

1,960 TOTAL DEDUCTIONS--- 1,960 MILES, AT 3 CENTS PER MILE ------ 58.80

AMOUNT PAID ------------------------------------------ 76.32

THIS COMPUTATION WAS ASSUMED TO HAVE BEEN REQUIRED BY DECISION OF FEBRUARY 20, 1928, 7 COMP. GEN. 498. THE OFFICER NOW CLAIMS THAT SINCE HE WAS FURNISHED TRANSPORTATION OVER ONE OF THE ESTABLISHED ROUTES BETWEEN THE TERMINAL POINTS WHICH EQUALIZES WITH THE OFFICIAL ROUTE AND AT THE SAME COST TO THE GOVERNMENT, HE IS ENTITLED TO MILEAGE COMPUTED AS IF HE HAD BEEN FURNISHED TRANSPORTATION OVER THE OFFICIAL ROUTE--- THAT IS, AT 8 CENTS A MILE FOR THE OFFICIAL DISTANCE LESS 3 CENTS A MILE FOR THE SAME DISTANCE FOR TRANSPORTATION FURNISHED, OR $84.45 INSTEAD OF $76.32 RECEIVED.

IN DECISION 7 COMP. GEN. 498, THE QUESTION CONSIDERED WAS THE CHARGE TO BE MADE FOR TRANSPORTATION FURNISHED AN OFFICER FOR CIRCUITOUS TRAVEL. WHILE, BROADLY SPEAKING, ANY TRAVEL FOR MILEAGE PURPOSES OTHER THAN OVER THE ESTABLISHED OFFICIAL ROUTE IS CIRCUITOUS, THE CIRCUITOUS TRAVEL THERE CONSIDERED WAS TRAVEL BETWEEN POINTS NAMED IN THE OFFICER'S ORDERS OVER A ROUTE WORKED OUT BY THE OFFICER TO ENABLE HIM TO VISIT POINTS NOT ON ANY ESTABLISHED OR RECOGNIZED ROUTE BETWEEN THE TERMINAL POINTS. WHERE THERE ARE TWO OR MORE ROUTES BETWEEN THE TWO POINTS INVOLVED IN A MILEAGE ACCOUNT WHICH ARE COMPETITIVE ROUTES, THAT IS, THE COST TO THE PUBLIC AND TO THE GOVERNMENT IS THE SAME, OR THE ROUTE OR ROUTES OTHER THAN THE OFFICIAL ESTABLISHED ROUTE EQUALIZE THEIR CHARGES TO THE GOVERNMENT WITH THE OFFICIAL ROUTE, THE DEDUCTION FOR TRANSPORTATION FURNISHED THE OFFICER OVER SUCH COMPETITIVE ROUTES SHOULD BE FOR THE MILEAGE DISTANCE OVER THE ESTABLISHED OFFICIAL ROUTE. THE COST TO THE GOVERNMENT IS THE SAME OVER SUCH COMPETITIVE ROUTES AND THE GOVERNMENT SECURES THE BENEFITS OF ITS LAND-GRANT RIGHTS THROUGH THE EQUALIZATION AGREEMENTS WHERE THE ROUTE USED IS AN EQUALIZING ROUTE.

THE DECISION OF FEBRUARY 20, 1928, DIRECTS DEDUCTIONS AS REQUIRED BY LAW FOR TRANSPORTATION FURNISHED OVER GENUINELY CIRCUITOUS ROUTES INVOLVING THE PAYMENT OF CHARGES OTHER THAN THOSE REQUIRED OF THE GOVERNMENT OVER THE ESTABLISHED OFFICIAL ROUTE (EITHER GREATER, OR IN SOME CASES LESS WHERE GREATER MILEAGE OF LAND GRANT IS INVOLVED VIA THE CIRCUITOUS ROUTE). UNDER THE DECISIONS THERETOFORE IN EFFECT THE OFFICER, NOT THE GOVERNMENT, RECEIVED THE BENEFIT OF ITS LAND-GRANT RIGHTS FOR CIRCUITOUS TRAVEL OVER LAND-GRANT ROADS AS HE WAS REQUIRED TO PAY ONLY THE ACTUAL INCREASED COST TO THE GOVERNMENT, THE CALCULATION INCLUDING DEDUCTIONS ACCRUING TO THE GOVERNMENT FOR LAND GRANT OVER THE CIRCUITOUS ROUTE. THE LAW IS PLAIN THAT IN SUCH CASES THE DEDUCTION SHOULD BE AT THE RATE OF 3 CENTS PER MILE FOR THE TRANSPORTATION ACTUALLY FURNISHED AND USED. THIS THE DECISION REQUIRED.

THE DECISION IS APPLICABLE TO ALL CASES OF TRAVEL INVOLVING CIRCUITOUS ROUTES OR STOP-OVERS FOR THE OFFICER'S CONVENIENCE AND DOES NOT DEPRIVE OF AN ELECTION OF COMPETITIVE ROUTES COSTING THE GOVERNMENT NO MORE. WHAT IS HERE SAID HAS APPLICATION TO THE SELECTION BY THE OFFICER OF ONE OF TWO OR MORE RECOGNIZED COMPETITIVE AND USUALLY TRAVELED ROUTES AVAILABLE TO THE PUBLIC GENERALLY BETWEEN THE TERMINAL POINTS OF TRAVEL. 7 COMP. DEC. 301.