A-28964, OCTOBER 18, 1929, 9 COMP. GEN. 163

A-28964: Oct 18, 1929

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WHEREIN CREDIT WAS DISALLOWED FOR PAYMENT COVERED BY VOUCHER 421. * * * WILL PROCEED BY AIR TO SHREVEPORT. UPON COMPLETION OF THIS DUTY LIEUTENANT SMITH * * * WILL RETURN TO THEIR PROPER STATION. ARE CHARGEABLE TO PROCUREMENT AUTHORITY AC 1 P 5073 A80-9. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. IT IS STATED. DUE TO UNFAVORABLE WEATHER CONDITIONS HE WAS DELAYED IN THE PERFORMANCE OF THE DUTY ENJOINED UNTIL JANUARY 25. M. SHREVEPORT BEING THE PLACE AT WHICH THE DUTY WAS TO BE PERFORMED WAS. HIS TEMPORARY DUTY STATION AT WHICH PLACE HE WAS DELAYED IN THE PERFORMANCE OF THE DUTY ASSIGNED BECAUSE OF UNFAVORABLE WEATHER CONDITIONS. IT WAS STATED: INABILITY TO PERFORM A DUTY ASSIGNED AT A TEMPORARY STATION BECAUSE OF WEATHER CONDITIONS IS NOT A DELAY IN A CONTINUOUS VOYAGE.

A-28964, OCTOBER 18, 1929, 9 COMP. GEN. 163

TRAVELING EXPENSES - AIR TRAVEL - TEMPORARY DUTY STOPS THE TRAVEL STATUS OF AN OFFICER OF THE ARMY TRAVELING BY AIR ENDS ON ARRIVAL AT A TEMPORARY DUTY STATION IF THE DELAY THERE IN THE PERFORMANCE OF A DUTY EXCEEDS 72 HOURS, AND THE TRAVEL STATUS DOES NOT AGAIN REVIVE UNTIL THE ACTUAL COMMENCEMENT OF THE RETURN JOURNEY.

COMPTROLLER GENERAL MCCARL TO CAPT. J. R. MCNIEL, UNITED STATES ARMY, OCTOBER 18, 1929:

THERE HAS BEEN RECEIVED YOUR REQUEST, AS CUSTODIAN OF THE RETAINED PAPERS PERTAINING TO THE ACCOUNTS OF CAPT. H. G. COYKENDALL, FINANCE DEPARTMENT, FOR REVIEW OF SETTLEMENT K-47988-W, DATED JULY 26, 1929, WHEREIN CREDIT WAS DISALLOWED FOR PAYMENT COVERED BY VOUCHER 421, FEBRUARY, 1929, TO FIRST LIEUT. ARCHIBALD Y. SMITH, AIR CORPS, OF ACTUAL EXPENSES FOR TRAVEL BY AIR UNDER SPECIAL ORDERS NO. 10, HEADQUARTERS, SECOND DIVISION, AND FORT SAM HOUSTON, DATED JANUARY 12, 1929.

PARAGRAPH 2 OF THE ABOVE-NOTED ORDERS PROVIDES IN PART AS FOLLOWS:

* * * FIRST LIEUTENANT ARCHIBALD Y. SMITH, AIR CORPS, * * * WILL PROCEED BY AIR TO SHREVEPORT, LOUISIANA, FOR THE PURPOSE OF MAKING AERIAL PHOTOGRAPHIC MOSAIC OF THE AREA AND THE AREA CONTIGUOUS TO THE PROPOSED NEW FLYING FIELD NEAR THAT CITY * * *.

UPON COMPLETION OF THIS DUTY LIEUTENANT SMITH * * * WILL RETURN TO THEIR PROPER STATION.

ACTUAL AND NECESSARY EXPENSES OF LIEUTENANT SMITH AUTHORIZED BY PARAGRAPH 9, A.R. 3514820, SEPTEMBER 24, 1928, ARE CHARGEABLE TO PROCUREMENT AUTHORITY AC 1 P 5073 A80-9.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE.

LIEUTENANT SMITH, UNDER THE ABOVE ORDERS, PROCEEDED BY AIR ON JANUARY 13, 1929, TO SHREVEPORT, ARRIVING THERE AT 4.30 P. M., WHERE, IT IS STATED, DUE TO UNFAVORABLE WEATHER CONDITIONS HE WAS DELAYED IN THE PERFORMANCE OF THE DUTY ENJOINED UNTIL JANUARY 25, 1929, RETURNING TO HIS PROPER STATION THE FOLLOWING DAY, JANUARY 26, 1929, AT 12.15 P. M.

SHREVEPORT BEING THE PLACE AT WHICH THE DUTY WAS TO BE PERFORMED WAS, FOR THE PURPOSE OF DETERMINING THE OFFICER'S RIGHTS TO ACTUAL AND NECESSARY EXPENSES, HIS TEMPORARY DUTY STATION AT WHICH PLACE HE WAS DELAYED IN THE PERFORMANCE OF THE DUTY ASSIGNED BECAUSE OF UNFAVORABLE WEATHER CONDITIONS. IN DECISION OF OCTOBER 17, 1923, CASE OF BEATON, 26, MS. COMP. GEN. 746 CITED IN 3 COMP. GEN. 401, A CASE PRESENTING SUBSTANTIALLY THE SAME FACTS, IT WAS STATED:

INABILITY TO PERFORM A DUTY ASSIGNED AT A TEMPORARY STATION BECAUSE OF WEATHER CONDITIONS IS NOT A DELAY IN A CONTINUOUS VOYAGE, BUT A DELAY IN THE PERFORMANCE OF THE DUTIES ASSIGNED WHICH MAY BREAK WHAT WOULD OTHERWISE BE A CONTINUOUS VOYAGE.

LIEUTENANT SMITH HAVING BEEN DELAYED IN THE PERFORMANCE OF THE DUTY ENJOINED IN EXCESS OF 72 HOURS HE WAS IN A TRAVEL STATUS ONLY WHILE TRAVELING TO AND RETURNING FROM HIS TEMPORARY DUTY STATION.