A-24336, SEPTEMBER 18, 1928, 8 COMP. GEN. 134

A-24336: Sep 18, 1928

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AN ENLISTED MAN IN THE NAVY IS ENTITLED. IT IS NOT MATERIAL TO THE MAN'S RIGHT TO SUCH MONEY ALLOWANCE WHETHER HE TRAVELS IN THE SAME CONVEYANCE WITH OTHER ENLISTED MEN ENTITLED TO THE SAME ALLOWANCE. NOR IS IT MATERIAL WHETHER HE OWNS THE CONVEYANCE IN WHICH THE TRAVEL IS PERFORMED. REQUESTING DECISION AS FOLLOWS: IN THE CASES WHERE TWO OR MORE ENLISTED MEN PERFORM TRAVEL UNDER COMPETENT ORDERS IN THE SAME PRIVATELY OWNED AUTOMOBILE IS EACH MAN ENTITLED TO THE MONEY ALLOWANCE OF THREE CENTS PER MILE AS AUTHORIZED IN THE ACT OF MAY 29. AUTHORIZE REIMBURSEMENT WHERE THE ENLISTED MAN IS PERMITTED TO PERFORM ORDERED TRAVEL BY PRIVATELY OWNED CONVEYANCE IN THE FORM OF A MONEY ALLOWANCE AT 3 CENTS PER MILE OVER THE SHORTEST USUALLY TRAVELED ROUTE.

A-24336, SEPTEMBER 18, 1928, 8 COMP. GEN. 134

MONEY ALLOWANCE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE - NAVY ENLISTED MEN UNDER THE ACT OF MAY 29, 1928, 45 STAT. 975, AN ENLISTED MAN IN THE NAVY IS ENTITLED, FOR PROPERLY AUTHORIZED TRAVEL BY PRIVATELY OWNED CONVEYANCE, TO A MONEY ALLOWANCE OF 3 CENTS PER MILE BY THE SHORTEST USUALLY TRAVELED ROUTE, AND IT IS NOT MATERIAL TO THE MAN'S RIGHT TO SUCH MONEY ALLOWANCE WHETHER HE TRAVELS IN THE SAME CONVEYANCE WITH OTHER ENLISTED MEN ENTITLED TO THE SAME ALLOWANCE; NOR IS IT MATERIAL WHETHER HE OWNS THE CONVEYANCE IN WHICH THE TRAVEL IS PERFORMED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 18, 1928:

THERE HAS BEEN RECEIVED YOUR FIRST INDORSEMENT OF AUGUST 31, 1928, OF LETTER OF THE PAYMASTER GENERAL OF THE NAVY, REQUESTING DECISION AS FOLLOWS:

IN THE CASES WHERE TWO OR MORE ENLISTED MEN PERFORM TRAVEL UNDER COMPETENT ORDERS IN THE SAME PRIVATELY OWNED AUTOMOBILE IS EACH MAN ENTITLED TO THE MONEY ALLOWANCE OF THREE CENTS PER MILE AS AUTHORIZED IN THE ACT OF MAY 29, 1928?

2. THE ACT OF MAY 29, 1928, PROVIDES:

"BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 12 OF THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, AS AMENDED, BE FURTHER AMENDED BY INSERTING BETWEEN THE FIRST AND SECOND PARAGRAPHS THE FOLLOWING:

"INDIVIDUALS BELONGING TO ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING THE NATIONAL GUARD AND THE RESERVES OF SUCH SERVICES, TRAVELING UNDER COMPETENT ORDERS WHICH ENTITLE THEM TO TRANSPORTATION OR TRANSPORTATION AND SUBSISTENCE AS DISTINGUISHED FROM MILEAGE, WHO, UNDER REGULATIONS PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED, TRAVEL BY PRIVATELY OWNED CONVEYANCE SHALL BE ENTITLED, IN LIEU OF TRANSPORTATION BY THE SHORTEST USUALLY TRAVELED ROUTE NOW AUTHORIZED BY LAW TO BE FURNISHED IN KIND, TO A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE FOR THE SAME DISTANCE: PROVIDED, THAT THIS PROVISION SHALL NOT APPLY TO ANY PERSON ENTITLED TO TRAVELING EXPENSES UNDER THE "SUBSISTENCE EXPENSE ACT OF 1926.'"

THIS AMENDMENT (45 STAT. 975) TO SECTION 12 OF THE ACT OF JUNE 10, 1922, AUTHORIZE REIMBURSEMENT WHERE THE ENLISTED MAN IS PERMITTED TO PERFORM ORDERED TRAVEL BY PRIVATELY OWNED CONVEYANCE IN THE FORM OF A MONEY ALLOWANCE AT 3 CENTS PER MILE OVER THE SHORTEST USUALLY TRAVELED ROUTE. THERE IS NO RESTRICTION IN THE AMENDMENT CONCERNING THE COST TO THE INDIVIDUAL OF SUCH TRAVEL, AND IT IS NOT MATERIAL TO THE MAN'S RIGHT TO SUCH MONEY ALLOWANCE WHETHER HE TRAVEL IN THE SAME CONVEYANCE WITH THE OTHER ENLISTED MEN ENTITLED TO THE SAME MONEY ALLOWANCE, OR OTHER PERSONS, NOR WHETHER HE OWNED THE CONVEYANCE IN WHICH THE TRAVEL WAS PERFORMED. WHEN TRAVEL BY PRIVATELY OWNED CONVEYANCE PROPERLY AUTHORIZED ACCORDING TO REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY, HAS BEEN ACCOMPLISHED, THE MAN IS ENTITLED TO THE PRESCRIBED MONEY ALLOWANCE.