A-24655, OCTOBER 18, 1928, 8 COMP. GEN. 202

A-24655: Oct 18, 1928

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MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE ARMY ARE ENTITLED TO ACTUAL EXPENSES ONLY OR. WHEN TRAVEL IS PERFORMED BY PRIVATELY OWNED CONVEYANCE. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER SUBMITTED THEREWITH IN FAVOR OF SECOND LIEUT. IS. ON THAT DATE EACH OFFICER WILL PROCEED TO SCHOFIELD BARRACKS. IS AUTHORIZED. EACH OFFICER WILL RANK FROM THE DATE SPECIFIED AFTER HIS NAME. EACH OFFICER WILL RETURN TO HIS HOME. UPON WHICH DATE HE WILL STAND RELIEVED FROM FURTHER ACTIVE DUTY. REPORTS WILL BE RENDERED IN ACCORDANCE WITH PARAGRAPHS 31. WILL ALSO BE RENDERED. REQUISITION FOR THE NECESSARY AMMUNITION WILL BE SUBMITTED THROUGH THE OFFICER IN CHARGE OF RESERVE AFFAIRS.

A-24655, OCTOBER 18, 1928, 8 COMP. GEN. 202

MILEAGE - TRAVELING EXPENSES - MEMBERS OF OFFICERS' RESERVE CORPS FOR TRAVEL PERFORMED IN AUGUST, 1928, OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA, UNDER ORDERS FOR TRAINING DUTY OF 15 DAYS OR LESS, MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE ARMY ARE ENTITLED TO ACTUAL EXPENSES ONLY OR, WHEN TRAVEL IS PERFORMED BY PRIVATELY OWNED CONVEYANCE, TO A MONEY ALLOWANCE OF 3 CENTS PER MILE, AS PROVIDED BY SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED BY THE ACT OF MAY 29, 1928, 45 STAT. 975.

COMPTROLLER GENERAL MCCARL TO CAPT. W. H. SUTHERLAND, UNITED STATES ARMY, OCTOBER 18, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 8, 1928, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER SUBMITTED THEREWITH IN FAVOR OF SECOND LIEUT. HOWARD B. SIMPSON, INFANTRY RESERVE, FOR TRAVEL EXPENSES INCURRED BY SAID OFFICER UNDER SPECIAL ORDERS, NO. 191, HAWAIIAN DEPARTMENT, AUGUST 10, 1928, AS FOLLOWS:

12. BY DIRECTION OF THE PRESIDENT AND WITH THE APPROVAL OF THE ADJUTANT GENERAL OF HAWAII AND UNDER AUTHORITY CONTAINED IN PARAGRAPH 6, AR 140-5, EACH OF THE FOLLOWING NAMED RESERVE OFFICERS, IS, WITH HIS CONSENT, ORDERED TO ACTIVE DUTY, EFFECTIVE AUGUST 18, 1928: -

DATE OF RANK

JULY 3, 1928 SECOND LIEUTENANT RICHARD K. LUMP, C-195622,

INFANTRY RESERVE, HONOLULU, T.H. SECOND LIEUTENANT HOWARD B. SIMPSON, C- 216674,

INFANTRY RESERVE, LAHAINA, MAUI, T.H.

AUGUST 18, 1928.

ON THAT DATE EACH OFFICER WILL PROCEED TO SCHOFIELD BARRACKS, T.H., REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER, 298TH INFANTRY, HAWAII, NATIONAL GUARD, FOR DUTY AND TRAINING. RIFLE AND PISTOL FIRING AS OUTLINED IN SECTION 11, TR 150-10 AND PARAGRAPHS 56 TO 63, INCLUSIVE, TR 150-20, RESPECTIVELY, IS AUTHORIZED. EACH OFFICER WILL RANK FROM THE DATE SPECIFIED AFTER HIS NAME. IF NOT SOONER RELIEVED FROM ACTIVE DUTY, EACH OFFICER WILL RETURN TO HIS HOME, SO AS TO ARRIVE THEREAT ON AUGUST 31, 1928, UPON WHICH DATE HE WILL STAND RELIEVED FROM FURTHER ACTIVE DUTY.

REPORTS WILL BE RENDERED IN ACCORDANCE WITH PARAGRAPHS 31, 32, AND 63B (1) AND (2) A, AR 140-5. REPORTS OF RIFLE AND PISTOL FIRING, IF CONDUCTED, WILL ALSO BE RENDERED.

REQUISITION FOR THE NECESSARY AMMUNITION WILL BE SUBMITTED THROUGH THE OFFICER IN CHARGE OF RESERVE AFFAIRS, THESE HEADQUARTERS, AND IS CHARGEABLE TO PROCUREMENT AUTHORITY FD 776 P 4706 A 3190-9.

PAY AND ALLOWANCES ARE CHARGEABLE TO PROCUREMENT AUTHORITY FD 610 P 1515 A 3190-9.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND IS CHARGEABLE TO PROCUREMENT AUTHORITY FD 576 P 5042 A 3190-9.

THE VOUCHER COVERS EXPENSES FOR TRAVEL TO AND FROM SUCH ACTIVE DUTY, PART OF THE TRAVEL BEING BY WATER, FOR WHICH ACTUAL EXPENSES ARE CLAIMED, AND PART BY PRIVATELY OWNED AUTOMOBILE, FOR WHICH 3 CENTS PER MILE IS CLAIMED.

SECTION 37 (A) OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 776, PROVIDES:

* * * A RESERVE OFFICER SHALL NOT BE ENTITLED TO PAY AND ALLOWANCES EXCEPT WHEN ON ACTIVE DUTY. WHEN ON ACTIVE DUTY HE SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY, OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE, AND MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME, BUT SHALL NOT BE ENTITLED TO RETIREMENT OR RETIRED PAY.

THE APPROPRIATION ACT OF MARCH 23, 1928, 45 STAT. 348, PROVIDES:

FOR MILEAGE, REIMBURSEMENT OF ACTUAL TRAVELING EXPENSES, OR PER DIEM ALLOWANCES IN LIEU THEREOF AS AUTHORIZED BY LAW $463,614.

PROVIDED, THAT THE MILEAGE ALLOWANCE TO MEMBERS OF THE OFFICERS' RESERVE CORPS WHEN CALLED INTO ACTIVE SERVICE FOR TRAINING FOR FIFTEEN DAYS OR LESS SHALL NOT EXCEED 4 CENTS PER MILE.

THE LAW THUS PROVIDES THAT OFFICERS OF THE OFFICERS' RESERVE CORPS MAY BE REIMBURSED FOR TRAVEL IN THE FORM OF MILEAGE OR ACTUAL TRAVELING EXPENSES AS AUTHORIZED BY LAW IN SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, FOR OFFICERS OF THE REGULAR ARMY IN LIKE CIRCUMSTANCES, WITH THE EXCEPTION THAT FOR TRAVEL IN THE PERFORMANCE OF ACTUAL SERVICE FOR TRAINING OF 15 DAYS OR LESS THEY ARE ENTITLED TO 4 CENTS A MILE ONLY. THE PROVISO THUS LIMITING THE MILEAGE TO 4 CENTS A MILE DOES NOT AFFECT THE CONDITIONS IN WHICH MILEAGE MAY BE PAID AND MILEAGE AT SUCH RATE IS PAYABLE UNDER THE CONDITIONS PRESCRIBED IN THE MILEAGE LAW FOR OFFICERS OF THE REGULAR ARMY, IN SAID SECTION 12 OF THE ACT OF JUNE 10, 1922, WHICH LIMIT MILEAGE TO TRAVEL WITHIN THE LIMITS OF THE UNITED STATES IN NORTH AMERICA. FOR TRAVEL OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA MEMBERS OF THE OFFICERS' RESERVE CORPS ARE ENTITLED TO ACTUAL EXPENSES ONLY, OR WHEN TRAVEL IS PERFORMED BY PRIVATELY OWNED CONVEYANCE TO A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE OVER THE SHORTEST USUALLY TRAVELED ROUTE AS PROVIDED IN THE AMENDMENT TO SECTION 12 OF THE ACT OF JUNE 10, 1922, BY THE ACT OF MAY 29, 1928, 45 STAT. 975.

THE TRAVEL IN QUESTION BEING OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA, LIEUTENANT SIMPSON IS ENTITLED TO BE REIMBURSED ACTUAL EXPENSES FOR THE TRAVEL PERFORMED BY WATER AND TO 3 CENTS PER MILE FOR THE TRAVEL BY PRIVATELY OWNED AUTOMOBILE.