A-27301, JANUARY 24, 1930, 9 COMP. GEN. 315

A-27301: Jan 24, 1930

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HE IS NOT ENTITLED TO MILEAGE UNDER THE PROVISIONS OF THE ACT OF JUNE 12. OF HIS ACCOUNTS WHEREIN CREDIT WAS DISALLOWED IN THE AMOUNT OF $169.28 FOR AMOUNTS PAID SECOND LIEUT. IT APPEARS THAT LIEUTENANT CABELL WAS ON DUTY AT FORT SAM HOUSTON. IS RELIEVED FROM HIS PRESENT ASSIGNMENT TO THAT ORGANIZATION AND FROM FURTHER DUTY AT FORT SAM HOUSTON. TO TAKE EFFECT AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER. WILL PROCEED AT THE PROPER TIME TO SAN FRANCISCO. FOR THE HAWAIIAN DEPARTMENT. * * * LEAVE OF ABSENCE WAS GRANTED LIEUTENANT CABELL BY SPECIAL ORDERS NO. 55. IS GRANTED SECOND LIEUTENANT CHARLES P. LIEUTENANT CABELL WILL COMPLY WITH PARAGRAPH 28. THE OFFICER WAS PLACED ON DETACHED SERVICE BY HIS COMMANDING OFFICER FOR A PERIOD OF TEN DAYS EFFECTIVE APRIL 15.

A-27301, JANUARY 24, 1930, 9 COMP. GEN. 315

MILEAGE - CHANGE OF STATION WHILE ON LEAVE - ARMY OFFICER WHERE AN OFFICER OF THE ARMY DEPARTS FROM HIS STATION WHILE IN A LEAVE STATUS FOR A PROSPECTIVE STATION, AND BY MODIFIED ORDERS RETURNS TO HIS STATION FOR A CONTINUATION OF DUTY THEREAT, HE IS NOT ENTITLED TO MILEAGE UNDER THE PROVISIONS OF THE ACT OF JUNE 12, 1906, 34 STAT. 247.

COMPTROLLER GENERAL MCCARL TO CAPT. J. R. MCNIEL, UNITED STATES ARMY, JANUARY 24, 1930:

THERE HAS BEEN RECEIVED YOUR REQUESTS OF DECEMBER 9 AND 14, 1929, AS CUSTODIAN OF THE RETAINED PAPERS PERTAINING TO THE ACCOUNTS OF CAPTAIN H. G. COYKENDALL, F.D., UNITED STATES ARMY, FOR REVIEW OF SETTLEMENTS K-47988 -W, AND K-50648-W, DATED JULY 26, 1929, AND SEPTEMBER 23, 1929, RESPECTIVELY, OF HIS ACCOUNTS WHEREIN CREDIT WAS DISALLOWED IN THE AMOUNT OF $169.28 FOR AMOUNTS PAID SECOND LIEUT. CHARLES P. CABELL, F.A., UNITED STATES ARMY, ON VOUCHERS 1204 AND 1307, JULY, 1928, AS MILEAGE FROM FORT SAM HOUSTON, TEX., TO PHOENIX, ARIZ., AND RETURN.

IT APPEARS THAT LIEUTENANT CABELL WAS ON DUTY AT FORT SAM HOUSTON, TEX., WHEN HE RECEIVED SPECIAL ORDERS NO. 28, DATED WAR DEPARTMENT, WASHINGTON, FEBRUARY 3, 1928, IN PART AS FOLLOWS:

28. SECOND LIEUTENANT CHARLES P. CABELL, 12TH FIELD ARTILLERY (SECOND DIVISION), IS RELIEVED FROM HIS PRESENT ASSIGNMENT TO THAT ORGANIZATION AND FROM FURTHER DUTY AT FORT SAM HOUSTON, TEXAS, TO TAKE EFFECT AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER, AND WILL PROCEED AT THE PROPER TIME TO SAN FRANCISCO, CALIFORNIA, AND SAIL ON THE TRANSPORT SCHEDULED TO LEAVE THAT PORT ON OR ABOUT JUNE 9, 1928, FOR THE HAWAIIAN DEPARTMENT. * * *

LEAVE OF ABSENCE WAS GRANTED LIEUTENANT CABELL BY SPECIAL ORDERS NO. 55, DATED MARCH 8, 1928, AS FOLLOWS:

11. LEAVE OF ABSENCE FOR ONE (1) MONTH AND NINE (9) DAYS, TO TAKE EFFECT APRIL 25, 1928, IS GRANTED SECOND LIEUTENANT CHARLES P. CABELL, 12TH FIELD ARTILLERY, FORT SAM HOUSTON, TEXAS.

UPON EXPIRATION OF THE LEASE OF ABSENCE, LIEUTENANT CABELL WILL COMPLY WITH PARAGRAPH 28, SPECIAL ORDERS NO. 28, CURRENT SERIES, WAR DEPARTMENT.

UNDER AUTHORITY STATED TO BE CONTAINED IN PARAGRAPH 2-H-3, ARMY REGULATIONS 210-70, THE OFFICER WAS PLACED ON DETACHED SERVICE BY HIS COMMANDING OFFICER FOR A PERIOD OF TEN DAYS EFFECTIVE APRIL 15, 1928, FOR THE PURPOSE OF VISITING DALLAS, TEX.

IT THUS APPEARS THAT ON APRIL 15, 1928, LIEUTENANT CABELL LEFT HIS STATION FOR DETACHED SERVICE FOR 10 DAYS TO BE FOLLOWED BY LEAVE OF ABSENCE FOR THE MONTH AND NINE DAYS TO TAKE EFFECT APRIL 25, 1928, ON THE EXPIRATION OF WHICH LEAVE HE WAS TO COMPLY WITH PARAGRAPH 28, SPECIAL ORDERS NO. 28, AND PROCEED TO SAN FRANCISCO, CALIF., AT THE PROPER TIME TO SAIL ON THE TRANSPORT SCHEDULED TO LEAVE THAT PORT ON JUNE 9, 1928. THE LEAVE GRANTED EFFECTIVE APRIL 25, 1928, WOULD HAVE EXPIRED ONE MONTH AND NINE DAYS THEREAFTER, WHICH FIXES JUNE 3, 1928, AS THE DATE OF EXPIRATION OF LEAVE AND THE DATE HIS ORDERS REQUIRED HIM TO COMMENCE HIS TRAVEL.

IT IS STATED LIEUTENANT CABELL LEFT HIS STATION, FORT SAM HOUSTON, TEX. BY AUTOMOBILE FOR SAN FRANCISCO, CALIF., ABOUT MAY 26, 1928. ON ARRIVAL AT PHOENIX, ARIZ., THE OFFICER WIRED THE ADJUTANT GENERAL OF THE ARMY REQUESTING A CONTINUATION OF LEAVE AND POSTPONEMENT OF SAILING ORDERS, WHICH REQUEST WAS GRANTED BY WAR DEPARTMENT SPECIAL ORDERS NO. 127, DATED MAY 31, 1928. HE SUBSEQUENTLY REQUESTED FURTHER EXTENTION OF LEAVE AND CHANGE OF ORDERS TO ASSIGNMENT TO A TEXAS POST AND ON JUNE 13, 1928, RETURNED TO HIS STATION, FORT SAM HOUSTON, TEX., PURSUANT TO SPECIAL ORDERS 136, DATED WAR DEPARTMENT, WASHINGTON, JUNE 11, 1928, IN PART AS FOLLOWS:

21. SO MUCH OF PARAGRAPH 28, SPECIAL ORDERS NO. 28, WAR DEPARTMENT, FEBRUARY 3, 1928, RELATING TO SECOND LT. CHARLES P. CABELL, FIELD ARTILLERY, WHICH HAS NOT ALREADY BEEN COMPLIED WITH, IS REVOKED. (AG. 210.31.) (6-1-28.)

22. PARAGRAPH 36, SPECIAL ORDERS NO. 127, WAR DEPARTMENT, MAY 31, 1928, RELATING TO SECOND LT. CHARLES P. CABELL, FIELD ARTILLERY, IS REVOKED. (AG. 210.31.) (6-1-28.)

23. SECOND LIEUTENANT CHARLES P. CABELL, FIELD ARTILLERY, NOW AT PHOENIX, ARIZONA, IS ASSIGNED TO FIELD ARTILLERY OF THE SECOND DIVISION, WITH STATION AT FORT SAM HOUSTON, TEXAS. UPON THE EXPIRATION OF SUCH LEAVE OF ABSENCE WHICH MAY BE GRANTED HIM, HE WILL PROCEED TO FORT SAM HOUSTON, TEXAS, AND REPORT IN PERSON TO THE COMMANDING OFFICER FOR ASSIGNMENT TO ORGANIZATION. * * *

YOU STATE IN YOUR REQUEST FOR REVIEW:

THE GENERAL ACCOUNTING OFFICE IN DISALLOWING THE AMOUNT PAID TO LIEUTENANT CABELL STATED THAT ,NO TRAVEL WAS INVOLVED UNDER HIS ORDERS AND HE IS NOT ENTITLED TO MILEAGE.' WHILE IT IS RECOGNIZED THAT AN OFFICER ON LEAVE WHO IS REQUIRED TO RETURN TO HIS STATION, IS NOT ENTITLED TO MILEAGE FOR THE REASON THAT LEAVE IS GRANTED FOR HIS OWN CONVENIENCE, IT HAS BEEN THE PRACTICE SINCE THE PASSAGE OF THE ACT OF JUNE 12, 1906 (34 STAT. 247), TO ALLOW THE PAYMENT OF MILEAGE TO AN OFFICER WHO IS UNDER ORDERS TO CHANGE STATION, GRANTED LEAVE, AND RETURNS TO HIS FORMER STATION UNDER COMPETENT ORDERS. SEE, M.S. COMP. DEC., FEB. 3, 1908. THAT PART OF THE ACT OF JUNE 12, 1906, WHICH RELATES TO THIS SUBJECT IS QUOTED:

"1786. MILEAGE WHERE THE STATION OF AN OFFICER IS CHANGED WHILE ON LEAVE OF ABSENCE.--- * * * AND PROVIDED FURTHER, THAT WHEN THE STATION OF AN OFFICER IS CHANGED WHILE HE IS ON LEAVE OF ABSENCE HE WILL ON JOINING THE NEW STATION BE ENTITLED TO MILEAGE FOR THE DISTANCE TO THE NEW STATION FROM THE PLACE WHERE HE RECEIVED THE ORDER DIRECTING THE CHANGE, PROVIDED THE DISTANCE BE NO GREATER THAN FROM THE OLD TO THE NEW STATION; BUT IF THE DISTANCE BE GREATER HE WILL BE ENTITLED TO MILEAGE FOR A DISTANCE EQUAL TO THAT FROM THE OLD TO THE NEW STATION ONLY; * * * ACT OF JUNE 12, 1906 (34 STAT. 247), MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY.'

THE PROVISIONS OF THE ACT OF JUNE 12, 1906, QUOTED HAS NO APPLICATION TO THE FACTS OF THIS CASE. THERE WAS NO CHANGE IN STATION HERE. THE OFFICER BY HIS MODIFIED ORDERS IN FACT CONTINUING ON DUTY AT THE SAME STATION AND THERE WAS NO OLD OR NEW STATION BETWEEN WHICH THE MILEAGE MAY BE MEASURED. THE DECISION OF FEBRUARY 3, 1908, 44 MS. COMP. DEC. 658, WHICH YOU CITE HAS NOT BEEN FOLLOWED IN LATER DECISIONS COMMENCING WITH 19 COMP. DEC. 418, WHEREIN THE PROVISION IN THE ACT OF JUNE 12, 1906, WAS CONSTRUED TO HAVE REFERENCE TO AN OFFICER ON LEAVE OF ABSENCE FROM A STATION TO WHICH HE IS BOUND TO RETURN ON EXPIRATION OF LEAVE, WHO AT THE TIME OF GOING ON LEAVE IS NOT UNDER ORDERS TO CHANGE STATION, BUT WHO DURING THE PROGRESS OF LEAVE RECEIVES ORDERS TO REPORT TO SOME OTHER STATION AT THE EXPIRATION OF LEAVE AND THAT THE OFFICER ON LEAVE OF ABSENCE HAS NOT ACQUIRED A NEW STATION UNTIL HE REPORTS THERE FOR DUTY AND IS IN THE POSITION OF AN OFFICER WITHOUT AN ACTUAL STATION BUT MERELY WITH ONE IN PROSPECT. THAT DECISION SPECIFICALLY OVERRULED THE DECISION OF FEBRUARY 3, 1908, RELIED ON BY YOU, SO FAR AS IT WAS IN CONFLICT WITH THE RULE THEREIN STATED. SEE THE LAST PARAGRAPH.

THE RULE THAT HAS BEEN ACCEPTED AS CORRECT IS THAT A CHANGE OF ULTIMATE STATION UNDER MODIFIED ORDERS WHILE THE OFFICER IS IN A LEAVE STATUS ENTITLES HIM TO MILEAGE AS IF THE ORIGINAL ORDERS HAD DIRECTED THE TRAVEL. 47 MS. COMP. GEN. 864; 54 ID. 1151; 60 ID. 254; 62 ID. 430; 8 COMP. GEN. 524. AND SEE ELMORE V. UNITED STATES, 61 CT.CLS. 173, AS TO MILEAGE FOR TRAVEL WHILE ON LEAVE.

UNDER THIS RULE THE OFFICER IS ENTITLED TO NO MILEAGE, THE OFFICER HAVING BEEN ORDERED TO THE SAME POST FROM WHICH DETACHED NO TRAVEL WAS INVOLVED UNDER HIS ORDERS AS MODIFIED.

THE TRAVEL FROM FORT SAM HOUSTON, TEX., TO PHOENIX, ARIZ., COMPLETED ON A DATE PRIOR TO THE TIME HIS ORDERS REQUIRED SUCH TRAVEL, AND WHILE IN A LEAVE STATUS, WAS TRAVEL TOWARD HIS NEW STATION, BUT WHEN AN OFFICER TRAVELS TOWARD HIS NEW STATION DURING A PERIOD OF LEAVE AUTHORIZED BEFORE REPORTING TO HIS NEW STATION, SUCH TRAVEL IS PERFORMED BY THE OFFICER AT THE PERIL OF BEARING ANY ADDITIONAL EXPENSE IF HIS ORDERS ARE MODIFIED OR CANCELED BEFORE HE IS REQUIRED TO TRAVEL IN ORDER TO REACH HIS NEW STATION AT THE TIME FIXED IN HIS ORDERS. THE OFFICER'S REASSIGNMENT TO DUTY AT FORT SAM HOUSTON, TEX., AND TRAVEL FROM PHOENIX, ARIZ., TO THAT POST WAS AT HIS REQUEST, AND SUCH REASSIGNMENT TO DUTY AT FORT SAM HOUSTON DOES NOT OBLIGATE THE UNITED STATES TO PAY MILEAGE FOR HIS TRAVELS WHILE ON LEAVE OF ABSENCE. FOR THE REASONS STATED HE WAS NOT ENTITLED TO MILEAGE PAID ON VOUCHER 1307 FOR TRAVEL TO PHOENIX OR TO MILEAGE PAID ON VOUCHER 1204 IN RETURNING TO FORT SAM HOUSTON, THE DISALLOWANCE OF CREDIT IN CAPT. H. G. COYKENDALL'S ACCOUNTS WAS CORRECT, AND UPON REVIEW IS SUSTAINED.