A-31670, JUNE 9, 1930, 9 COMP. GEN. 505

A-31670: Jun 9, 1930

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

OR BETWEEN HOSPITALS FOR OBSERVATION AND TREATMENT ARE NOT ENTITLED TO MILEAGE. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. IS RELIEVED FROM FURTHER TREATMENT AT THIS HOSPITAL. WILL RETURN TO HIS PROPER STATION. THE QUARTERMASTER WILL FURNISH THE NECESSARY TRANSPORTATION. THE JOURNEY IS NECESSARY IN THE MILITARY SERVICE. IS CHARGEABLE TO PROCUREMENT AUTHORITY. WILL PROCEED WITHOUT DELAY TO WASHINGTON. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. PROVIDES: IF AN OFFICER UPON RELEASE FROM HOSPITAL AFTER OBSERVATION OR TREATMENT IS ORDERED TO A PLACE OTHER THAN HIS LAST DUTY STATION OR THE STATION OF HIS COMMAND FROM WHICH HE PROCEEDED WHEN GOING TO THE HOSPITAL FOR TREATMENT.

A-31670, JUNE 9, 1930, 9 COMP. GEN. 505

TRANSPORTATION TO AND FROM HOSPITAL - ARMY OFFICERS OFFICERS OF THE ARMY ORDERED TO, FROM, OR BETWEEN HOSPITALS FOR OBSERVATION AND TREATMENT ARE NOT ENTITLED TO MILEAGE, BUT TO TRANSPORTATION ONLY.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, JUNE 9, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 21, 1930, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. P. A. SCHOLL, FINANCE DEPARTMENT, UNITED STATES ARMY, COVERING MILEAGE FOR TRAVEL PERFORMED BY THAT OFFICER BETWEEN WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., AND FORT HAYES, COLUMBUS, OHIO, ON JULY 2 AND 3, 1927, UNDER PARAGRAPH 3 OF SPECIAL ORDERS, 146, ARMY MEDICAL CENTER, JULY 2, 1927, AS FOLLOWS:

3. CAPT. PHILLIP A. SCHOLL, FINANCE DEPARTMENT, IS RELIEVED FROM FURTHER TREATMENT AT THIS HOSPITAL, AND UNDER THE PROVISIONS OF PARAGRAPH 5, AR-40 -600, WILL RETURN TO HIS PROPER STATION, HEADQUARTERS FIFTH CORPS AREA, FORT HAYES, OHIO, REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER FOR DUTY.

THE QUARTERMASTER WILL FURNISH THE NECESSARY TRANSPORTATION.

THE JOURNEY IS NECESSARY IN THE MILITARY SERVICE, AND IS CHARGEABLE TO PROCUREMENT AUTHORITY--- AG200 P5032 A9-8.

CAPTAIN SCHOLL TRAVELED FROM FORT HAYES, OHIO, TO WALTER REED GENERAL HOSPITAL ON APRIL 26-27, 1927, UNDER PARAGRAPH 1, SPECIAL ORDERS 96, HEADQUARTERS FIFTH CORPS AREA, DATED APRIL 25, 1927, AS FOLLOWS:

1. UNDER AUTHORITY OF PARAGRAPH 4-A, AR 40-600, CAPT. PHILIP A. SCHOLL, FINANCE DEPARTMENT, THESE HEADQUARTERS, WILL PROCEED WITHOUT DELAY TO WASHINGTON, D.C., REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER, WALTER REED GENERAL HOSPITAL, ARMY MEDICAL CENTER, FOR OBSERVATION AND TREATMENT. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. AG200 P5032 A9-7.

PARAGRAPH 1-I ARMY REGULATIONS 35-4830, PROVIDES:

IF AN OFFICER UPON RELEASE FROM HOSPITAL AFTER OBSERVATION OR TREATMENT IS ORDERED TO A PLACE OTHER THAN HIS LAST DUTY STATION OR THE STATION OF HIS COMMAND FROM WHICH HE PROCEEDED WHEN GOING TO THE HOSPITAL FOR TREATMENT, HE IS ENTITLED TO MILEAGE FOR TRAVEL FROM THE HOSPITAL TO NEW STATION OR PLACE OF DUTY.

PARAGRAPH 2-F, ARMY REGULATIONS 35-4830, STATES A CASE IN WHICH MILEAGE IS NOT PAYABLE AS FOLLOWS: "OFFICERS ORDERED TO A HOSPITAL, POST, OR STATION, OR BETWEEN SUCH POINTS, FOR PURPOSES OF UNDERGOING MEDICAL OR DENTAL TREATMENT, AND UPON COMPLETION TO RETURN TO THEIR STATION.'

THIS REGULATION SEEMS TO HAVE BEEN BASED ON DECISIONS OF THE COMPTROLLER OF THE TREASURY, 25 COMP. DEC. 902 AND 26 ID. 259. THE QUESTION CONSIDERED IN 25 COMP. DEC. 902 INVOLVED THE TRAVEL OF AN ARMY OFFICER FROM LONDON, ENGLAND, TO BASE HOSPITAL, FORT RILEY, KANS., FOR TREATMENT. THE DECISION HELD THAT THE ARMY MILEAGE LAWS CONTEMPLATE PAYMENT OF MILEAGE ONLY TO OFFICERS IN SUCH STATUS OF DUTY AS REQUIRES THEM UPON ARRIVAL AT THEIR DESTINATION TO PERFORM SOME MILITARY DUTY ENJOINED BY THEIR ORDERS AND THAT THE DUTY OF UNDERGOING TREATMENT AT A HOSPITAL IS NOT SUCH A ,MILITARY DUTY.' THE DECISION, 26 COMP. DEC. 259, CONSIDERED THE CASE OF AN OFFICER DIRECTED TO PROCEED TO "ABERDEEN, MD., REPORTING UPON ARRIVAL TO THE CAMP SURGEON FOR X-RAY EXAMINATION TO DETERMINE EXTENT OF INJURIES RECEIVED.' IT WAS STATED THEREIN THAT THE SPECIAL DUTY ENJOINED IN SAID ORDERS WAS NOT "MILITARY DUTY" ENTITLING THE OFFICER TO MILEAGE; BUT THAT FOR SUCH TRAVEL, IN THE UNITED STATES, OFFICERS OF THE ARMY ARE ENTITLED TO TRANSPORTATION IN KIND INCLUDING PARLOR AND SLEEPING CAR ACCOMMODATIONS BUT NOT TO SUBSISTENCE EXPENSES EN ROUTE.

THE QUOTED PROVISIONS OF THE ARMY REGULATIONS HAVE BEEN FOLLOWED IN THE ADJUSTMENT OF CLAIMS IN THIS OFFICE UNDER PROVISION OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631. SEE A-22690, JUNE 9, 1928; A-25051, NOVEMBER 16, 1928; 7 COMP. GEN. 490. THIS RULE HAS BEEN OF LONG STANDING AND UNIFORM APPLICATION. 5 COMP. DEC. 976; 9 ID. 616; 25 ID. 97; 360; AND 902; AND 26 ID. 259.

THE RULE FOLLOWED IN THE DECISION CITED AND THE REGULATIONS QUOTED ARE THAT THE SPECIAL DUTY ENJOINED (UNDERGOING OBSERVATION AND TREATMENT IN HOSPITAL) NOT BEING IN FACT A MILITARY DUTY, MILEAGE IS NOT AUTHORIZED. THAT RULE WAS ESTABLISHED UNDER MILEAGE LAWS OF THE ARMY IN FORCE PRIOR TO THE ACT OF JUNE 10, 1922. SECTION 12 OF THAT ACT, 42 STAT. 631, PROVIDES:

THAT OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE, DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE AND EXISTING LAWS PROVIDING FOR THE ISSUE OF TRANSPORTATION REQUESTS TO OFFICERS OF THE ARMY TRAVELING UNDER COMPETENT ORDERS, AND FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES, ARE HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, BUT IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AS DETERMINED BY THE HEAD OF THE EXECUTIVE DEPARTMENT CONCERNED, HE MAY, IN HIS DISCRETION, DIRECT THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED. ACTUAL EXPENSES ONLY SHALL BE PAID FOR TRAVEL UNDER ORDERS OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA. UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, NO OFFICER OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY AWAY FROM HIS DESIGNATED POST OF DUTY, NOR ANY SUM FOR SUCH EXPENSES ACTUALLY INCURRED IN EXCESS OF $7 PER DAY. THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $6, IN LIEU OF SUBSISTENCE, TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY.

THIS ENACTMENT DOES NOT CHANGE BASIC ARMY LAWS ON WHICH THE DECISIONS WERE BASED. THE ACT OF MARCH 3, 1883, 22 STAT. 456, STILL IN EFFECT, PROVIDES:

* * * FROM AND AFTER THE PASSAGE OF THIS ACT MILEAGE OF OFFICERS OF THE ARMY SHALL BE COMPUTED OVER THE SHORTEST USUALLY TRAVELED ROUTES BETWEEN THE POINTS NAMED IN THE ORDER, AND THE NECESSITY FOR SUCH TRAVEL IN THE MILITARY SERVICE SHALL BE CERTIFIED TO BY THE OFFICER ISSUING THE ORDER AND STATED IN SAID ORDER. * * *

THE ACT OF AUGUST 6, 1894, 28 STAT. 237, PROVIDES:

* * * HEREAFTER NO PORTION OF THE APPROPRIATION FOR MILEAGE TO OFFICERS TRAVELING ON DUTY WITHOUT TROOPS SHALL BE EXPENDED FOR INSPECTIONS OR INVESTIGATIONS, EXCEPT SUCH AS ARE ESPECIALLY ORDERED BY THE SECRETARY OF WAR, OR SUCH AS ARE MADE BY ARMY AND DEPARTMENT COMMANDERS IN VISITING THEIR COMMANDS, AND THOSE MADE BY INSPECTOR GENERAL'S DEPARTMENT IN PURSUANCE OF LAW, ARMY REGULATIONS, OR ORDERS ISSUED BY THE SECRETARY OF WAR OR THE COMMANDING GENERAL OF THE ARMY; AND ALL ORDERS INVOLVING THE PAYMENT OF MILEAGE SHALL STATE THE SPECIAL DUTY ENJOINED.

THE APPROPRIATION FOR MILEAGE FOR THE ARMY IN THE ANNUAL APPROPRIATION ACT, CURRENTLY, 45 STAT. 1353, IS "FOR MILEAGE * * * AS AUTHORIZED BY LAW * * *.' THE ANNUAL APPROPRIATION UNDER "ARMY TRANSPORTATION," CURRENTLY, 45 STAT. 1356, IS "FOR TRANSPORTATION OF THE ARMY AND ITS SUPPLIES * * *.' IN THE EARLIEST CONSIDERATION OF SUCH TRAVEL, 5 COMP. DEC. 976, 982, IT IS POINTED OUT THAT THE TRAVEL OF AN OFFICER TO AND FROM HOSPITAL OR BETWEEN HOSPITALS IS NO DIFFERENT IN PRINCIPLE THAN HIS TRANSPORTATION FROM THE FIELD OF ACTION TO A HOSPITAL, BETWEEN FIELD HOSPITALS, OR BETWEEN A FIELD HOSPITAL AND A BASE HOSPITAL, WHETHER PERFORMED IN AN ARMY AMBULANCE OR ON OTHER TRANSPORTATION PROVIDED BY OR AT THE EXPENSE OF THE UNITED STATES. THE OFFICER IS NOT TRAVELING ON DUTY, NOR TRAVELING IN CONNECTION WITH ANY MILITARY DUTY TO BE PERFORMED BY HIM, BUT IS BEING TRANSPORTED TO RECEIVE THE BENEFITS OF THE PROVISIONS MADE BY THE GOVERNMENT FOR FURNISHING HIM MEDICAL ATTENDANCE FREE OF CHARGE. TO SECURE THAT, HE IS ENTITLED, UNDER THE APPROPRIATION FOR THE TRANSPORTATION OF THE ARMY, TO BE FURNISHED TRANSPORTATION AND NOTHING MORE. IT IS NOT QUESTIONED THAT A DUTY IS IMPOSED ON THE OFFICER IN THE SENSE OF MILITARY OBEDIENCE AND DISCIPLINE, BUT THE SUBJECT MATTER HAS A DIRECT PERSONAL RELATION AND NOT THE DOING OF WORK WHICH HAS AN IMMEDIATE AND DIRECT RELATION TO MILITARY DUTY AND IS COMMON TO ALL OFFICERS. IT IS THIS MILITARY WORK THAT IS CONTEMPLATED BY THE MILEAGE LAWS, AND NOT TRAVEL UNDER WHICH THE OFFICER IS RELIEVED FROM WORK BECAUSE OF A PERSONAL DISABILITY CONDITION. IT IS TRAVEL PRIMARILY FOR PERSONAL REASONS THOUGH NOT PRIVATE REASONS, AND THE CONFUSION AS EVIDENCED BY THE INSTANT CASE SEEMS TO ARISE FROM TAKING MILITARY DUTY BROADLY AS INVOLVED IN EVERY MOVEMENT OF AN OFFICER, RATHER THAN IN ITS TRUE DEFINITION OF DOING MILITARY WORK IN SO FAR AT LEAST AS CONCERNS THE RIGHT TO MILEAGE.

WHAT IS A COMPETENT ORDER FOR THE PAYMENT OF MILEAGE IN ANY OF THE SIX SERVICES INCLUDED IN THE JOINT PAY ACT MUST BE DETERMINED BY THE LAWS APPLICABLE TO EACH SERVICE. SECTION 12, BY ITS OWN FORCE, APPLIES TO ALL THE SERVICES INCLUDED IN THE ACT AND DOES NOT ASSIMILATE ANY OF THE VARIOUS SERVICES TO THE ARMY EXCEPT FOR THE ISSUANCE OF TRANSPORTATION AS A CHARGE AGAINST MILEAGE ACCOUNTS. THE RESTRICTIONS ON THE PAYMENT OF MILEAGE IN THE ARMY, THEREFORE, DO NOT APPLY TO THE OTHER SERVICES, AND WHERE SUCH SERVICES HAVE NOT SIMILAR RESTRICTIONS THE RULE IN THIS RESPECT UNDER SECTION 12 AS TO SUCH SERVICE NECESSARILY IS DIFFERENT THAN THE RULE IN THE ARMY. DECISIONS IN CASES ARISING IN THE NAVY ARE CITED. PRIOR TO THE ACT OF JUNE 10, 1922, MILEAGE FOR OFFICERS OF THE NAVY, ACT OF MARCH 3, 1901, 31 STAT. 1029, WAS PAYABLE WHEN "TRAVELING FROM POINT TO POINT WITHIN THE UNITED STATES UNDER ORDERS," THE ACT OF JUNE 30, 1876, 19 STAT. 65, RESTRICTING THE PAYMENT OF MILEAGE TO TRAVEL "WHILE ENGAGED ON PUBLIC BUSINESS.' THIS GREATER LATITUDE FOR THE PAYMENT OF MILEAGE IN THE NAVY WAS PROBABLY DUE TO THE NATURE OF NAVAL ACTIVITIES AND THE LIMITED ON TRANSPORTATION FACILITIES THE NAVY HAS ASHORE, JUST AS THE NATURE OF ARMY ACTIVITIES AND THE TRANSPORTATION FACILITIES IT HAS ON LAND WERE PROBABLY THE BASIS FOR THE RESTRICTION IN PAYMENT OF MILEAGE IN THE ARMY. THE FACT THAT UNDER SECTION 12 THE BASIC NAVAL LAWS AND THE ANNUAL MILEAGE APPROPRIATION PERMIT PAYMENT OF MILEAGE TO OFFICERS OF THE NAVY TRAVELING TO, FROM, AND BETWEEN NAVAL HOSPITALS FURNISHES NO GROUND FOR MODIFYING THE RULE FOLLOWED IN THE ARMY WHICH IS BASED ON ARMY LAWS STILL IN EFFECT AND ON THE ANNUAL ARMY APPROPRIATION ACTS. THE VOUCHER MAY NOT BE PAID. IT WILL BE RETAINED IN THIS OFFICE FOR RECORD.