A-24307, OCTOBER 1, 1928, 8 COMP. GEN. 157

A-24307: Oct 1, 1928

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IS NOT ENTITLED TO MILEAGE FOR THE TRAVEL PERFORMED. THE ORDERS FOR CONSIDERATION IN CONNECTION WITH THIS TRAVEL ARE AS FOLLOWS: SPECIAL ORDERS. IS RELIEVED FROM DETAIL WITH THE ORGANIZED RESERVES OF THE NINTH CORPS AREA AND FROM ASSIGNMENT AND DUTY WITH THE 412TH FIELD ARTILLERY. EFFECTIVE AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER. WILL PROCEED AT THE PROPER TIME TO FORT SILL. THE NAME OF CAPTAIN WOODBRIDGE IS REMOVED FROM THE DETACHED OFFICERS' LIST. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. AS CERTIFIES THAT THE TRAVEL DIRECTED IS CHARGEABLE TO FD 42 P 5040 A 2-8. IS AMENDED SO AS TO CERTIFY THAT THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND IS CHARGEABLE TO FD 751 P 5043 A 3190-8.

A-24307, OCTOBER 1, 1928, 8 COMP. GEN. 157

MILEAGE - DUTY WITH ORGANIZED RESERVES - ARMY OFFICER AN OFFICER OF THE ARMY RETURNING TO HIS STATION FROM DUTY IN CONNECTION WITH THE ORGANIZED RESERVES SUBSEQUENT TO JUNE 30, 1927, IS NOT ENTITLED TO MILEAGE FOR THE TRAVEL PERFORMED.

DECISION BY ASSISTANT COMPTROLLER GENERAL GINN, OCTOBER 1, 1928:

W. W. WOODBRIDGE REQUESTED REVIEW OF SETTLEMENT NO. 0132117 OF FEBRUARY 14, 1928, DISALLOWING HIS CLAIM FOR MILEAGE FOR TRAVEL IN AUGUST AND SEPTEMBER, 1927, FROM PORTLAND, OREG., TO FORT SILL, OKLA., UPON RELIEF FROM DUTY WITH THE ORGANIZED RESERVES.

THE ORDERS FOR CONSIDERATION IN CONNECTION WITH THIS TRAVEL ARE AS FOLLOWS:

SPECIAL ORDERS, NO. 110, WAR DEPARTMENT, DATED MAY 11, 1927:

3. CAPTAIN WOODROW W. WOODBRIDGE, FIELD ARTILLERY, IS RELIEVED FROM DETAIL WITH THE ORGANIZED RESERVES OF THE NINTH CORPS AREA AND FROM ASSIGNMENT AND DUTY WITH THE 412TH FIELD ARTILLERY, PORTLAND, OREGON, EFFECTIVE AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER, WILL PROCEED AT THE PROPER TIME TO FORT SILL, OKLAHOMA, AND REPORT IN PERSON NOT EARLIER THAN SEPTEMBER 5, NOR LATER THAN SEPTEMBER 10, 1927, TO THE COMMANDANT THE FIELD ARTILLERY SCHOOL FOR DUTY AS STUDENT, 1927-1928 BATTERY OFFICERS' COURSE. THE NAME OF CAPTAIN WOODBRIDGE IS REMOVED FROM THE DETACHED OFFICERS' LIST, EFFECTIVE UPON HIS RELIEF FROM HIS PRESENT DUTIES. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 42 P 5040 A 2-8. (A.G. 210.63, FIELD ARTILLERY SCHOOL, FT. SILL, OKLA.) (5-4 -27).

SPECIAL ORDERS, NO. 195, WAR DEPARTMENT, DATED AUGUST 18, 1927:

28. SO MUCH OF PARAGRAPH 3, SPECIAL ORDERS, NO. 110, WAR DEPARTMENT, MAY 11, 1927, RELATING TO CAPTAIN WOODROW W. WOODBRIDGE, FIELD ARTILLERY, AS CERTIFIES THAT THE TRAVEL DIRECTED IS CHARGEABLE TO FD 42 P 5040 A 2-8, IS AMENDED SO AS TO CERTIFY THAT THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND IS CHARGEABLE TO FD 751 P 5043 A 3190-8. REIMBURSEMENT FOR TRAVEL AND A FLAT PER DIEM OF SIX DOLLARS ($6.00) IN LIEU OF SUBSISTENCE ARE AUTHORIZED. (A.R. 35 4820.) OTHER AUTHORIZED EXPENSES TO AG 200 A-98. (A.G. 210.63, F.A.SCH., FT. SILL, OKLA.) (8-18- 27.

IT APPEARS THAT CLAIMANT LEFT PORTLAND, OREG., ON AUGUST 22, 1927,AND TRAVELED BY AUTOMOBILE TO FORT SILL, OKLA., REPORTING TO THE COMMANDING OFFICER THERE SEPTEMBER 5, 1927, AND THAT BY VOUCHER NO. 470, ACCOUNTS OF MAJOR WATSON FOR NOVEMBER, 1927, HE WAS PAID FOR THE SAID TRAVEL $22, COVERING A PER DIEM OF $6 IN ACCORDANCE WITH PARAGRAPH 20, SECTION 4, A.R. 35-4820. HE STATES THAT HIS CLAIM FOR REIMBURSEMENT FOR GASOLINE, ETC., WAS DISALLOWED BY THE CHIEF OF FINANCE FOR THE REASON THAT HE HAD NO RECEIPTS.

CLAIMANT URGES THAT HE IS ENTITLED TO PAYMENT OF MILEAGE ON THE GROUND THAT THE ORDER OF MAY 11, 1927, IN COMPLIANCE WITH WHICH HE TRAVELED, AUTHORIZED SUCH PAYMENT, AND THAT THE SUBSEQUENT CHANGE BY THE AMENDING ORDER TO THE PER DIEM BASIS WAS NOT RECEIVED BY HIM UNTIL AFTER HIS ARRIVAL AT HIS NEW STATION.

THE ACT OF FEBRUARY 23, 1927, 44 STAT. 1133, MAKING APPROPRIATION FOR THE FISCAL YEAR COMMENCING JULY 1, 1927, UNDER "ORGANIZED RESERVES," SUBHEAD "HEADQUARTERS AND CAMPS," PROVIDES THAT THE FUNDS APPROPRIATED THEREUNDER THE AVAILABLE "FOR THE ACTUAL AND NECESSARY EXPENSES OR PER DIEM IN LIEU THEREOF, AT RATES AUTHORIZED BY LAW, INCURRED BY OFFICERS AND ENLISTED MEN OF THE ARMY TRAVELING ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES.'

THE EFFECT OF THE ABOVE PROVISION OF LAW IS TO DENY ANY RIGHT TO MILEAGE TO AN OFFICER OF THE ARMY FOR TRAVEL PERFORMED AFTER JUNE 30, 1927, IN CONNECTION WITH DUTY WITH THE ORGANIZED RESERVES, AND TO RESTRICT HIS RIGHT TO NECESSARY EXPENSES OR TO A PER DIEM IN LIEU THEREOF, AS PRESCRIBED IN SECTION 12, ACT OF JUNE 10, 1922, 42 STAT. 631.

THE TRAVEL IN RETURNING TO AN ARMY POST FROM DUTY IN CONNECTION WITH THE ORGANIZED RESERVES WAS "IN CONNECTION WITH THE ORGANIZED RESERVES" (DECISION OF AUGUST 1, 1928, A-23704), AND THERE IS NO LEGAL BASIS FOR PAYMENT OF MILEAGE FOR SUCH TRAVEL. THE AMENDING ORDER OF AUGUST 18, 1927, MERELY WAS DECLARATORY OF CLAIMANT'S LEGAL RIGHTS IN CONNECTION WITH HIS TRAVEL, AND DID NOT CHANGE HIS RIGHTS IN ANY WAY.