A-30763, MARCH 8, 1930, 9 COMP. GEN. 390

A-30763: Mar 8, 1930

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TRAVELING EXPENSES - AIR TRAVEL - ARMY OFFICER WHERE AN OFFICER OF THE ARMY WAS DIRECTED TO PROCEED BY GOVERNMENT AIRPLANE FROM LANGLEY FIELD. HE IS ENTITLED ONLY TO REIMBURSEMENT. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. WILL PROCEED BY AIR VIA THE BEST AVAILABLE AIR ROUTE IN AN LB-7 TYPE AIRPLANE FROM THIS STATION LANGLEY FIELD. AUTHORIZED FOR THE OFFICERS AND TRAVEL BY AIR IS A PROPER CHARGE TO AG 1 P 5073 A 80-0. BEING IMPRACTICABLE TO CARRY THE NECESSARY FACILITIES FOR MESSING AND SHELTER THE ENLISTED MEN MENTIONED HEREIN WILL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES NOT EXCEEDING EIGHT ($8.00) DOLLARS PER DAY WHILE TRAVELING BY AIR AND SAME IS CHARGEABLE TO QM3528 P 4615 A 3-0 AND FD 703 P 3130 A 1-0.

A-30763, MARCH 8, 1930, 9 COMP. GEN. 390

TRAVELING EXPENSES - AIR TRAVEL - ARMY OFFICER WHERE AN OFFICER OF THE ARMY WAS DIRECTED TO PROCEED BY GOVERNMENT AIRPLANE FROM LANGLEY FIELD, VA., TO MEXICO CITY, MEXICO, FOR THE PURPOSE OF PARTICIPATING IN "AERIAL WEEK" AT MEXICO CITY, A TEMPORARY DUTY IN EXCESS OF 72 HOURS, HE IS ENTITLED ONLY TO REIMBURSEMENT, UNDER THE ACT OF JULY 11, 1919, 41 STAT. 109, FOR EXPENSES ACTUALLY AND NECESSARILY INCURRED WHILE TRAVELING TO AND FROM SUCH TEMPORARY DUTY STATION, AND MAY NOT BE PAID A PER DIEM ALLOWANCE WHILE AT MEXICO CITY UNDER THE PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631.

ACTING COMPTROLLER GENERAL GINN TO LIEUT. A. D. MILLER, UNITED STATES ARMY, MARCH 8, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 18, 1930, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. MARION HUGGINS, AIR CORPS, UNITED STATES ARMY, FOR $135.35, REIMBURSEMENT OF TRAVELING EXPENSES INCURRED IN TRAVELING BY GOVERNMENT AIRPLANE FROM LANGLEY FIELD, VA., TO MEXICO CITY, MEXICO, DECEMBER 5 TO 9, 1929, AND RETURN TO LANGLEY FIELD DECEMBER 19 TO 24, 1929, AND PER DIEM OF $6 AT MEXICO CITY, DECEMBER 10 TO 18, 1929, IN CONNECTION WITH PARTICIPATION IN "AERIAL WEEK" AT MEXICO CITY, MEXICO, UNDER THE PROVISIONS OF PARAGRAPH 1, OPERATIONS ORDERS NO. 110, HEADQUARTERS, LANGLEY FIELD, AND SECOND WING AIR CORPS, LANGLEY FIELD, VA., DATED DECEMBER 5, 1929, AND SPECIAL OPERATIONS ORDERS NO. 238, HEADQUARTERS, ADVANCED FLYING SCHOOL, AND TENTH SCHOOL GROUP, KELLY FIELD, TEX., DATED DECEMBER 6, 1929, AS FOLLOWS:

OPERATIONS ORDERS NO. 110.

1. PURSUANT TO AUTHORITY CONTAINED IN RADIOGRAM, ADJUTANT GENERAL'S OFFICE, WASHINGTON, D.C., DATED DECEMBER 5, 1929, TO THE COMMANDING OFFICER, LANGELY FIELD, HAMPTON, VIRGINIA, THE FOLLOWING NAMED AIR CORPS PERSONNEL:

CHART

PILOTS SECOND LIEUTENANT M. M. BURNSIDE, AIR CORPS. SECOND LIEUTENANT MARION HUGGINS, AIR CORPS.

MECHANICS STAFF SERGEANT HENRY L. WEST, 6036814, 20TH BOMB.SQD. CORPORAL PLATO R. MILLER, R-412015, 20TH BOMB.SQD. WILL PROCEED BY AIR VIA THE BEST AVAILABLE AIR ROUTE IN AN LB-7 TYPE AIRPLANE FROM THIS STATION LANGLEY FIELD, HAMPTON, VIRGINIA, TO KELLY FIELD, TEXAS, REPORTING UPON ARRIVAL TO MAJOR CLARENCE L. TINKER, AIR CORPS, FOR THE PURPOSE OF PROCEEDING UNDER HIS COMMAND BY AIR TO MEXICO CITY, MEXICO, ON THE INVITATION OF THE MEXICAN GOVERNMENT TO PARTICIPATE IN "AERIAL WEEK" AT THAT PLACE. PLANE AND PERSONNEL SHOULD ARRIVE AT KELLY FIELD NOT LATER THAN DECEMBER 6TH, 1929.

PAYMENT OF ACTUAL AND NECESSARY EXPENSES NOT EXCEEDING EIGHT ($8.00) DOLLARS PER DAY UNDER THE PROVISIONS OF PARAGRAPH 3 (B) 2 AND PARAGRAPH 9, ARMY REGULATIONS 35-4820 DATED SEPTEMBER 24, 1928, AUTHORIZED FOR THE OFFICERS AND TRAVEL BY AIR IS A PROPER CHARGE TO AG 1 P 5073 A 80-0. BEING IMPRACTICABLE TO CARRY THE NECESSARY FACILITIES FOR MESSING AND SHELTER THE ENLISTED MEN MENTIONED HEREIN WILL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES NOT EXCEEDING EIGHT ($8.00) DOLLARS PER DAY WHILE TRAVELING BY AIR AND SAME IS CHARGEABLE TO QM3528 P 4615 A 3-0 AND FD 703 P 3130 A 1-0.

SPECIAL OPERATIONS ORDERS NO. 238.

1. PURSUANT TO AUTHORITY CONTAINED IN ARMY REGULATIONS 95-15 AND INSTRUCTIONS CONTAINED IN RADIOGRAM FROM THE ADJUTANT GENERAL, U.S. ARMY, WASHINGTON, D.C., TO THE COMMANDING OFFICER, KELLY FIELD, TEXAS, DATED NOVEMBER 30, 1929; THE FOLLOWING-NAMED OFFICERS, AIR CORPS, PILOTS, WITH PASSENGERS AND AIRPLANES AS INDICATED, WILL PROCEED BY AIR, VIA THE BEST AVAILABLE AIR ROUTE, ON OR ABOUT DECEMBER 7, 1929, TO MEXICO CITY, MEXICO, FOR THE PURPOSE OF PARTICIPATING IN AERIAL DAY AT THAT PLACE DECEMBER 10, 1929, TO DECEMBER 15, 1929; AND UPON COMPLETION OF THIS DUTY, ON OR ABOUT DECEMBER 15, 1929, ALL AIRPLANES AND PERSONNEL WILL RETURN TO THEIR PROPER STATIONS:

* * * * * * * * * * * * * * * * (CHART OMITTED) * * * * * * * * * * * *

ALL PLANES WILL BE COMPLETELY EQUIPPED WITH ARMAMENT LESS AMMUNITION.

ALL PLANES WILL LAND AT VALBUENA FIELD, MEXICO CITY, MEXICO, NOT LATER THAN DECEMBER 9, 1929.

MAJOR TINKER WILL REPORT ARRIVAL OF THE ABOVE PLANES TO THE U.S. MILITARY ATTACHE, MEXICO CITY.

ACTUAL AND NECESSARY EXPENSES NOT TO EXCEED $8.00 PER DAY UNDER THE PROVISIONS OF PARAGRAPH 3-B 2 AND PARAGRAPH 9, ARMY REGULATIONS 35 4820 IS AUTHORIZED FOR THE ABOVE-NAMED OFFICERS FOR SO MUCH OF THE TRAVEL AS IS PERFORMED BY AIR AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITY AC 1 P 5073 A 80-0. A FLAT PER DIEM OF SIX DOLLARS PER DAY IS AUTHORIZED THE ABOVE-NAMED OFFICERS FOR THE PERIOD OF TEMPORARY DUTY IN MEXICO CITY AND IS CHARGEABLE TO PROCUREMENT AUTHORITY AC K P 5040 A 80- 0.

REIMBURSEMENT FOR ACTUAL NECESSARY EXPENSES NOT EXCEEDING $8.00 PER DAY WILL BE PAID THE ABOVE-NAMED ENLISTED MEN FOR SO MUCH OF THE TRAVEL AS IS MADE BY AIR AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITIES QM3528 P 4615 A 3-0 AND FD 703 P 3130 A 1-0. REIMBURSEMENT OF MONETARY ALLOWANCES IN LIEU OF RATIONS AND QUARTERS WILL BE PAID THE ABOVE NAMED ENLISTED MEN FOR THE PERIOD OF DETENTION AT MEXICO CITY, AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITIES QM 4 P 4615 A 3-0 AND FD 702 P 3130 A 1-0.

THE JOURNEY DIRECTED IS NECESSARY IN THE MILITARY SERVICE.

THE VOUCHER SUBMITTED SHOWS THAT PURSUANT TO THESE ORDERS LIEUTENANT HUGGINS LEFT LANGLEY FIELD DECEMBER 5, 1929, AT 7 A.M. AND ARRIVED AT MEXICO CITY AT 12 NOON DECEMBER 9, 1929, STOPPING EN ROUTE AT POPE FIELD, N.C.; ATLANTA, GA.; MAXWELL FIELD, ALA.; NEW ORLEANS, LA.; HOUSTON, TEX. ; BROWNSVILLE, TEX.; AND TAMPICO, MEXICO. RETURNING HE LEFT MEXICO CITY 1.30 P.M. DECEMBER 19, 1929, AND ARRIVED AT LANGLEY FIELD AT 1.30 P.M., DECEMBER 25, 1929, STOPPING EN ROUTE AT SAN LUIS POTOSI, MEXICO; RINGGOLD, TEX.; DEVINE, TEX.; KELLY FIELD, TEX.; FORT CROCKET, TEX.; NEW ORLEANS, LA.; MAXWELL FIELD, ALA.; TIMMONSVILLE, S.C.; AND POPE FIELD, N.C. HIS SCHEDULE OF EXPENSES, CERTIFIED AS BEING JUST AND TRUE IN ALL RESPECTS, AND ACTUALLY PAID BY HIM, IS ITEMIZED TO SHOW AMOUNTS EXPENDED, AND FOR WHICH REIMBURSEMENT IS CLAIMED FOR BREAKFASTS FROM 50 CENTS TO $1.50 EACH, FOR LUNCHES FROM $1 TO $2.75 EACH, DINNERS FROM $1.40 TO $3.50 EACH, AND LODGING FOR TWO NIGHTS AT $4 EACH, ONE NIGHT AT $5, AND ONE NIGHT AT $2.25. THE ACTUAL EXPENSES FOR EACH FULL DAY, WHERE EXPENSE WAS INCURRED FOR LODGING, AND WHERE IT WAS NOT, EXACTLY TOTALED $8, THE MAXIMUM AUTHORIZED ALLOWANCE. THE AGGREGATE AMOUNT CLAIMED, INCLUDING $6 PER DIEM FOR NINE DAYS, WAS $140.65, BUT A DIFFERENCE OF $5.30 WAS DEDUCTED THEREFROM ON ACCOUNT OF EXPENSES CLAIMED FOR MEALS AND TIPS AT MEXICO CITY.

YOU SUGGEST THAT THE QUESTION FOR DECISION IS WHETHER REIMBURSEMENT FOR ATTENDANCE AT "AERIAL WEEK" IS WITHIN THE PROHIBITION OF SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, READING AS FOLLOWS:

NO MONEY APPROPRIATED BY THIS OR ANY OTHER ACT SHALL BE EXPENDED FOR MEMBERSHIP FEES OR DUES OF ANY OFFICER OR EMPLOYEE OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA IN ANY SOCIETY OR ASSOCIATION OR FOR EXPENSES OF ATTENDANCE OF ANY PERSON AT ANY MEETING OR CONVENTION OF MEMBERS OF ANY SOCIETY OR ASSOCIATION, UNLESS SUCH FEES, DUES, OR EXPENSES ARE AUTHORIZED TO BE PAID BY SPECIFIC APPROPRIATIONS FOR SUCH PURPOSES OR ARE PROVIDED FOR IN EXPRESS TERMS IN SOME GENERAL APPROPRIATION.

CERTAIN SELECTED OFFICERS AND ENLISTED MEN OF THE ARMY WERE DIRECTED TO PROCEED IN FOUR ARMY AIRPLANES, COMPLETELY EQUIPPED WITH ARMAMENT LESS AMMUNITION, FOR THE PURPOSE OF PARTICIPATING IN ,AERIAL WEEK," HELD AT MEXICO CITY. THESE ORDERS WOULD INDICATE THAT THE TRAVEL DIRECTED BY GOVERNMENT AIRPLANES WAS FOR THE PURPOSE OF PARTICIPATING IN AERIAL MANEUVERS, AND THERE APPEARS NOTHING IN THE ORDERS OR ELSEWHERE IN THE VOUCHERS AND PAPERS TRANSMITTED THEREWITH WHICH WOULD SHOW OR INDICATE THAT "AERIAL WEEK" WAS A MEETING OR CONVENTION OF MEMBERS OF ANY SOCIETY OR ASSOCIATION, AND ON THE FACTS PRESENTED THERE IS NO SHOWING THAT REIMBURSEMENT OF EXPENSES INCURRED IN CONNECTION WITH THE TRAVEL DIRECTED IS PROHIBITED BY THE ACT OF JUNE 26, 1912, CITED BY YOU.

THE TRAVEL DIRECTED IN THIS CASE WAS BY GOVERNMENT AIRPLANE, FOR WHICH THE ONLY FORM OF REIMBURSEMENT IS FOR ACTUAL AND NECESSARY EXPENSES WITHIN THE LIMITS FIXED BY THE ACT OF JULY 11, 1919, 41 STAT.109, 8 COMP. GEN. 225. THE FACT THAT PART OF THE TRAVEL WAS OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA DOES NOT TAKE THE TRAVEL BY AIR OUT OF THE PROVISIONS OF THIS ACT, NOR DOES IT MAKE APPLICABLE THERETO THE PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED BY THE ACT OF JUNE 1, 1926, 44 STAT. 680, SO AS TO AUTHORIZE THE PAYMENT OF A PER DIEM OF $6 WHILE PERFORMING DUTY AT A FOREIGN STATION. LIEUTENANT HUGGINS HAVING BEEN DELAYED IN THE PERFORMANCE OF THE DUTY ENJOINED IN EXCESS OF 72 HOURS, HE WAS IN A TRAVEL STATUS, ENTITLING TO REIMBURSEMENT ONLY WHILE TRAVELING TO AND RETURNING FROM HIS TEMPORARY DUTY STATION AT MEXICO CITY. A.R. 35-4820, PARAGRAPH 9; EXECUTIVE ORDER MARCH 10, 1927; 9 COMP. GEN. 163; 3 ID. 401. THE PAYMENT OF PER DIEM OF $6 CLAIMED FOR NINE DAYS AT MEXICO CITY IN THE AMOUNT OF $54 IS NOT AUTHORIZED. THE PAYMENT OF EXPENSES ACTUALLY AND NECESSARILY INCURRED WHILE TRAVELING FROM LANGLEY FIELD TO MEXICO CITY, AND WHILE RETURNING FROM THE LATTER PLACE TO LANGLEY FIELD MAY BE REIMBURSED ON THE VOUCHER RETURNED HEREWITH, IF IT IS OTHERWISE CORRECT.