A-29309, NOVEMBER 19, 1929, 9 COMP. GEN. 215

A-29309: Nov 19, 1929

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IS ORDERED TO TEMPORARY DUTY IS ENTITLED TO MILEAGE FROM THE PLACE HE RECEIVED THE ORDER TO THE PLACE OF TEMPORARY DUTY. IF NOT ON THE DIRECT ROUTE OF RETURN TO HIS PERMANENT STATION FROM WHERE HE IS ON LEAVE OF ABSENCE. NOT FROM THE PLACE OF TEMPORARY DUTY TO HIS PERMANENT STATION WHERE THE DISTANCE IS LESS THAN HE WOULD HAVE HAD TO TRAVEL AT HIS OWN EXPENSE HAD THE ORDERS TO PERFORM TEMPORARY DUTY NOT INTERVENED. 6 COMP. WHERE HE WAS ON LEAVE. CAPTAIN JONES WAS. TO WHICH PLACE THERE WERE ADDRESSED TO HIM ORDERS FROM THE ADJUTANT GENERAL OF THE ARMY. FOR TEMPORARY DUTY IN CONNECTION WITH THE MATCHES UNTIL SUCH TIME AS WILL ENABLE YOU TO RETURN TO YOUR PROPER STATION. THE TRAVEL INVOLVED IS CHARGEABLE TO PROCUREMENT AUTHORITY N 30 P 5040 A 3035-9.

A-29309, NOVEMBER 19, 1929, 9 COMP. GEN. 215

MILEAGE - ARMY OFFICER ORDERED TO TEMPORARY DUTY FROM LEAVE AN OFFICER OF THE ARMY WHO, WHILE ON LEAVE OF ABSENCE, IS ORDERED TO TEMPORARY DUTY IS ENTITLED TO MILEAGE FROM THE PLACE HE RECEIVED THE ORDER TO THE PLACE OF TEMPORARY DUTY, IF NOT ON THE DIRECT ROUTE OF RETURN TO HIS PERMANENT STATION FROM WHERE HE IS ON LEAVE OF ABSENCE, BUT NOT FROM THE PLACE OF TEMPORARY DUTY TO HIS PERMANENT STATION WHERE THE DISTANCE IS LESS THAN HE WOULD HAVE HAD TO TRAVEL AT HIS OWN EXPENSE HAD THE ORDERS TO PERFORM TEMPORARY DUTY NOT INTERVENED. 6 COMP. GEN. 702 DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO CAPT. R. G. JENKS, UNITED STATES ARMY, NOVEMBER 19, 1929:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. K 47907 -W, DATED JULY 25, 1929, DISALLOWING CREDIT IN YOUR DISBURSING ACCOUNTS FOR $145.03, ON ACCOUNT OF PAYMENT FOR MILEAGE TO CAPT. ALAN W. JONES, INFANTRY, UNITED STATES ARMY, FOR TRAVEL PERFORMED IN AUGUST, 1928, FROM PRESCOTT, WASH., WHERE HE WAS ON LEAVE, TO CAMP PERRY, OHIO.

WHILE STATIONED AT FORT BENNING, GA., CAPTAIN JONES WAS, BY SPECIAL ORDERS NO. 104, HEADQUARTERS, THE INFANTRY SCHOOL, FORT BENNING, GA., GRANTED ORDINARY LEAVE FOR ONE MONTH, EFFECTIVE JUNE 1, 1928, AND ACADEMIC LEAVE FOR TWO MONTHS, EFFECTIVE JULY 1, 1928, OF WHICH HE AVAILED HIMSELF AND PROCEEDED TO PRESCOTT, WASH., TO WHICH PLACE THERE WERE ADDRESSED TO HIM ORDERS FROM THE ADJUTANT GENERAL OF THE ARMY, DATED JULY 19, 1928, READING AS FOLLOWS:

1. THE SECRETARY OF WAR DIRECTS AS NECESSARY IN THE MILITARY SERVICE THAT YOU PROCEED, AT THE PROPER TIME, FROM PRESCOTT, WASHINGTON, TO CAMP PERRY, OHIO, AND REPORT IN PERSON ON AUGUST 15, 1928, TO THE EXECUTIVE OFFICER, NATIONAL MATCHES, 1928, FOR TEMPORARY DUTY IN CONNECTION WITH THE MATCHES UNTIL SUCH TIME AS WILL ENABLE YOU TO RETURN TO YOUR PROPER STATION, FORT BENNING, GEORGIA, AND REPORT FOR DUTY ON SEPTEMBER 18, 1928.

2. THE TRAVEL INVOLVED IS CHARGEABLE TO PROCUREMENT AUTHORITY N 30 P 5040 A 3035-9.

CAPTAIN JONES LEFT PRESCOTT PURSUANT TO THESE ORDERS AUGUST 11, 1928, AND COMPLETED THE JOURNEY TO CAMP PERRY AUGUST 15, 1928. HE WAS PAID AUGUST 21, 1928, FOR THIS TRAVEL ON YOUR VOUCHER NO. 41, BEING FOR 2,385 MILES AT 8 CENTS PER MILE, $190.80, LESS 227 MILES LAND GRANT TRAVEL AT 3 CENTS PER MILE, $6.81, OR THE NET AMOUNT OF $183.99. THERE APPEARS NOTHING TO SHOW WHEN THIS OFFICER RETURNED TO FORT BENNING, BUT SUBSEQUENT PAY VOUCHERS SHOW HIM ON DUTY AT THAT STATION. THE OFFICER, IT WOULD APPEAR, UPON COMPLETION OF THE TEMPORARY DUTY ASSIGNED AT CAMP PERRY, RETURNED TO HIS STATION FROM WHICH HE WAS GRANTED LEAVE AT HIS OWN EXPENSE. CREDIT WAS ALLOWED ON THIS PAYMENT IN THE AMOUNT OF $38.96, REPRESENTING MILEAGE FOR THE DIFFERENCE BETWEEN THE DISTANCE BY THE SHORTEST USUALLY TRAVELED ROUTE FROM PRESCOTT TO FORT BENNING AND THE DISTANCE BETWEEN THESE PLACES BY WAY OF CAMP PERRY, BEING FOR 487 MILES. THE DISALLOWANCE OF THE DIFFERENCE, $145.03, WAS BELIEVED TO BE REQUIRED UNDER THE DECISION OF APRIL 29, 1927, 6 COMP. GEN. 702.

THE WELL-ESTABLISHED RULE IS THAT MILEAGE IS AUTHORIZED FROM PRESCOTT, WASH; THE PLACE WHERE CAPTAIN JONES RECEIVED HIS ORDERS TO CAMP PERRY, OHIO, THE PLACE WHERE HE WAS DIRECTED TO PERFORM TEMPORARY DUTY, BUT THE DISTANCE FROM THE LATTER PLACE TO HIS PERMANENT STATION AT FORT BENNING, GA., BEING LESS THAN FROM PRESCOTT TO FORT BENNING, IT WAS HIS OBLIGATION TO RETURN AT HIS OWN EXPENSE FROM HIS TEMPORARY DUTY STATION TO THE PLACE FROM WHICH HE WAS GRANTED LEAVE. FOSTER V. UNITED STATES, 43 CT.CLS. 170; 15 COMP. DEC. 599; 16 ID. 179.

THE DECISION CITED, 6 COMP. GEN. 702, MERELY DETERMINED THAT AN OFFICER MAY NOT SECURE PAYMENT OF MILEAGE ON RETURN FROM A LEAVE OF ABSENCE TO HIS PERMANENT STATION BECAUSE OF BEING ORDERED TO PERFORM A TEMPORARY DUTY ON THE DIRECT ROUTE FROM PLACE OF LEAVE TO HIS PERMANENT STATION EVEN THOUGH HE RELINQUISHED A PORTION OF HIS LEAVE OF ABSENCE, THE PRINCIPLE STATED IN 13 COMP. DEC. 294, CASE OF GENERAL GREELY, BEING APPLICABLE TO SUCH A CASE. NEITHER OF THOSE HOLDINGS HAS ANY APPLICATION TO THE FACTS IN THIS CASE.

THE PAYMENT ON THE VOUCHER IN QUESTION WAS CORRECT, AND UPON REVIEW THE SETTLEMENT IS REVERSED. THE AMOUNT OF $145.03 DISALLOWED WILL BE PASSED TO YOUR CREDIT IN THE NEXT SETTLEMENT OF YOUR ACCOUNTS.