A-33316, OCTOBER 4, 1930, 10 COMP. GEN. 150

A-33316: Oct 4, 1930

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A GRADUATE OF THE MILITARY ACADEMY APPOINTED TO THE ARMY IS ENTITLED TO MILEAGE FROM HIS HOME TO THE STATION WHICH HE FIRST JOINS FOR DUTY. NOTWITHSTANDING DURING HIS GRADUATION LEAVE OF ABSENCE HE IS ADMITTED TO AN ARMY HOSPITAL AND CONTINUES THERE BEYOND THE PERIOD OF THE LEAVE OF ABSENCE. IS PERMITTED TO RETURN TO HIS HOME ON DISCHARGE FROM THE HOSPITAL WHEN ORDERS ARE OUTSTANDING OF WHICH HE HAS NOTICE. CALLOWAY TO THE ARMY ON GRADUATION FROM THE MILITARY ACADEMY AND HIS ASSIGNMENT TO THE COAST ARTILLERY CORPS WERE ANNOUNCED. WAS ANNOUNCED AND UPON EXPIRATION OF HIS THEN PRESENT LEAVE OF ABSENCE HE WAS DIRECTED TO PROCEED FROM WILLIAMSBURG. SECOND LIEUTENANT CALLOWAY WAS DIRECTED TO PROCEED FROM HIS HOME TO WALTER REED GENERAL HOSPITAL FOR OBSERVATION AND TREATMENT.

A-33316, OCTOBER 4, 1930, 10 COMP. GEN. 150

MILEAGE TO FIRST DUTY STATION - MILITARY ACADEMY GRADUATE UNDER THE ACT OF AUGUST 9, 1912, 37 STAT. 252, A GRADUATE OF THE MILITARY ACADEMY APPOINTED TO THE ARMY IS ENTITLED TO MILEAGE FROM HIS HOME TO THE STATION WHICH HE FIRST JOINS FOR DUTY, NOTWITHSTANDING DURING HIS GRADUATION LEAVE OF ABSENCE HE IS ADMITTED TO AN ARMY HOSPITAL AND CONTINUES THERE BEYOND THE PERIOD OF THE LEAVE OF ABSENCE, AND IS PERMITTED TO RETURN TO HIS HOME ON DISCHARGE FROM THE HOSPITAL WHEN ORDERS ARE OUTSTANDING OF WHICH HE HAS NOTICE, ASSIGNING HIM TO HIS FIRST DUTY STATION.

COMPTROLLER GENERAL MCCARL TO MAJ. G. Z. ECKELS, UNITED STATES ARMY, OCTOBER 4, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 3, 1930, SUBMITTING FOR DECISION THE LEGALITY OF PAYMENT OF VOUCHER IN FAVOR OF SECOND LIEUT. CHARLES G. CALLOWAY, SIXTY-SECOND C.A.C., FOR MILEAGE FOR TRAVEL FROM WILLIAMSBURG, KY., HIS HOME, TO HIS FIRST DUTY STATION ABERDEEN PROVING GROUND, MD., IN THE CIRCUMSTANCES HEREAFTER DESCRIBED.

BY PARAGRAPH 1 OF WAR DEPARTMENT SPECIAL ORDER 137, JUNE 13, 1929, THE APPOINTMENT OF CHARLES G. CALLOWAY TO THE ARMY ON GRADUATION FROM THE MILITARY ACADEMY AND HIS ASSIGNMENT TO THE COAST ARTILLERY CORPS WERE ANNOUNCED; BY PARAGRAPH 25 OF WAR DEPARTMENT SPECIAL ORDER 167, JULY 19, 1929, HIS DETAIL IN THE AIR CORPS EFFECTIVE SEPTEMBER 12, 1929, WAS ANNOUNCED AND UPON EXPIRATION OF HIS THEN PRESENT LEAVE OF ABSENCE HE WAS DIRECTED TO PROCEED FROM WILLIAMSBURG, KY., TO BROOKS FIELD, SAN ANTONIO, TEX., AND REPORT TO THE COMMANDANT, AIR CORPS PRIMARY FLYING SCHOOL, FOR DUTY AND TRAINING. BY PARAGRAPH 49 OF WAR DEPARTMENT SPECIAL ORDER 189, AUGUST 14, 1929, SECOND LIEUTENANT CALLOWAY WAS DIRECTED TO PROCEED FROM HIS HOME TO WALTER REED GENERAL HOSPITAL FOR OBSERVATION AND TREATMENT. ON OCTOBER 15, 1929, LIEUTENANT CALLOWAY REQUESTED OF THE ADJUTANT GENERAL THAT UPON DISCHARGE FROM WALTER REED GENERAL HOSPITAL HE BE PERMITTED TO REVERT TO THE STATUS OF ACADEMIC LEAVE FOR A PERIOD OF 28 DAYS UNDER THE PROVISIONS OF PARAGRAPH 13-8 OF A.R. 605-115; BY SECOND INDORSEMENT THE ADJUTANT GENERAL, BY ORDER OF THE SECRETARY OF WAR, GRANTED AUTHORITY TO LIEUTENANT CALLOWAY TO REVERT TO THE STATUS OF GRADUATION LEAVE UPON HIS DISCHARGE FROM WALTER REED GENERAL HOSPITAL. BY PARAGRAPH 49 OF WAR DEPARTMENT SPECIAL ORDER 102 OF MAY 1, 1930, LIEUTENANT CALLOWAY WAS RELIEVED FROM DETAIL IN THE AIR CORPS AND FROM ASSIGNMENT TO STATION AND DUTY AT BROOKS FIELD, TEX., AND WAS ASSIGNED TO STATION AND DUTY AT THE SIXTY-SECOND COAST ARTILLERY WITH STATION AT FORT TOTTEN, N.Y., AND FURTHER DIRECTED, UPON RELIEF FROM OBSERVATION AND TREATMENT AT WALTER REED GENERAL HOSPITAL, TO PROCEED TO ABERDEEN PROVING GROUND, MD., AND JOIN THE REGIMENT TO WHICH ASSIGNED. PARAGRAPH 41 OF SPECIAL ORDER 99, DATED ARMY MEDICAL CENTER, WALTER REED GENERAL HOSPITAL, UNITED STATES ARMY, WASHINGTON, D.C., MAY 3, 1930, RELIEVED LIEUTENANT CALLOWAY FROM FURTHER TREATMENT AT THAT HOSPITAL AND DIRECTED HIM TO COMPLY WITH PARAGRAPH 49 OF WAR DEPARTMENT SPECIAL ORDER 149.

YOU QUESTION WHETHER THE CLAIM FOR MILEAGE FROM WILLIAMSBURG, KY., TO ABERDEEN PROVING GROUND IS PROPERLY PAYABLE, IN VIEW OF THE FACT THAT PARAGRAPH 49 OF WAR DEPARTMENT SPECIAL ORDER 102 OF MAY 1, 1930, DIRECTED TRAVEL FROM WALTER REED GENERAL HOSPITAL TO A FIRST DUTY STATION--- ABERDEEN PROVING GROUND, MD.--- AND THAT THIS ORDER WAS RECEIVED AT WASHINGTON, D.C.

THE ACT OF DECEMBER 20, 1886, 24 STAT. 351 (SEC. 1150, TITLE 10, U.S.C.), PROVIDES:

THAT EVERY CADET WHO HAS HERETOFORE GRADUATED OR MAY HEREAFTER GRADUATE AT THE WEST POINT MILITARY ACADEMY, AND WHO HAS BEEN OR MAY HEREAFTER BE COMMISSIONED A SECOND LIEUTENANT IN THE ARMY OF THE UNITED STATES, UNDER THE LAWS APPOINTING SUCH GRADUATES TO THE ARMY, SHALL BE ALLOWED FULL PAY AS SECOND LIEUTENANT FROM THE DATE OF HIS GRADUATION TO THE DATE OF HIS ACCEPTANCE OF AND QUALIFICATION UNDER HIS COMMISSION AND DURING HIS GRADUATION LEAVE, IN ACCORDANCE WITH THE UNIFORM PRACTICE WHICH HAS PREVAILED SINCE THE ESTABLISHMENT OF THE MILITARY ACADEMY.

THE ACT OF JULY 9, 1918, 40 STAT. 892 (SEC. 445, TITLE 10, U.S.C.), PROVIDES:

THAT THE SERVICE OF GRADUATES OF THE MILITARY ACADEMY MAY BE UTILIZED DURING THE MONTHS OF JUNE, JULY, AUGUST, AND SEPTEMBER OF THE YEAR IN WHICH THEY GRADUATE AS INSTRUCTORS AT THE CITIZENS' TRAINING CAMPS, AND THEIR GRADUATION LEAVE MAY BE TAKEN AT THE TERMINATION OF THEIR SERVICES AS INSTRUCTORS AT THESE CAMPS.

THE ACT OF AUGUST 9, 1912, 37 STAT. 252 (SEC. 744, TITLE 10, U.S.C.), PROVIDES:

* * * THAT HEREAFTER A GRADUATE OF THE MILITARY ACADEMY SHALL RECEIVE MILEAGE AS AUTHORIZED BY LAW FOR OFFICERS OF THE ARMY FROM HIS HOME TO THE STATION WHICH HE FIRST JOINS FOR DUTY.

PARAGRAPHS 8 AND 13-B OF A.R. 605-115 PROVIDE:

8. * * * LEAVE OF ABSENCE FOR 3 MONTHS FROM DATE OF GRADUATION WILL BE ALLOWED TO GRADUATES OF THE MILITARY ACADEMY * * *. SUCH LEAVE WILL NOT BE COUNTED AGAINST THEM IN SUBSEQUENT APPLICATIONS FOR LEAVE, BUT CAN NOT BE POSTPONED TO ANOTHER TIME.

13. (B) A GRADUATE OF THE UNITED STATES MILITARY ACADEMY ORDERED TO TEMPORARY DUTY WHILE ON GRADUATION LEAVE WILL REVERT TO LEAVE STATUS ON COMPLETION OF THE DUTY AND WILL BE PERMITTED TO COMPLETE THE PERIOD OF 3 MONTHS ON GRADUATION LEAVE, EXCLUSIVE OF THE TIME SPENT ON SUCH DUTY.

IT APPEARS BY VOUCHER 291, SEPTEMBER, 1929, ACCOUNTS OF MAJ. S. B. ARMAT, F. D., UNITED STATES ARMY, LIEUTENANT CALLOWAY WAS PAID HIS EXPENSES OF TRANSPORTATION AND PULLMAN FROM WILLIAMSBURG, KY., TO WASHINGTON, D.C., WHEN ADMITTED TO WALTER REED GENERAL HOSPITAL AUGUST 17, 1929. WHETHER HE HAS CLAIMED OR BEEN REIMBURSED FOR TRANSPORTATION TO HIS HOME ON DISCHARGE FROM WALTER REED GENERAL HOSPITAL IS NOT DISCLOSED. SUCH A CLAIM WOULD APPEAR TO BE ON A DIFFERENT BASIS, IN VIEW OF THE OUTSTANDING ORDERS, THAN THE PAYMENT OF HIS CLAIM FOR TRAVEL TO WALTER REED GENERAL HOSPITAL.

THERE MAY BE A QUESTION LATER IN CONNECTION WITH PAY WHETHER, UNDER THE LAW, THERE WAS OR COULD BE A REVERSION TO GRADUATION LEAVE FROM THE STATUS OF SICK IN HOSPITAL COMMENCING DURING THE EXISTENCE OF THE GRADUATION LEAVE AND EXTENDING BEYOND THAT PERIOD, AND THAT QUESTION IS NOT NOW DETERMINED. THERE IS NO QUESTION HE HAS NOT BEEN PAID MILEAGE "FROM HIS HOME TO THE STATION WHICH HE FIRST JOINS FOR DUTY," THE DIRECTION TO HIM TO PROCEED TO WALTER REED GENERAL HOSPITAL FOR OBSERVATION AND TREATMENT NOT BEING AN ASSIGNMENT TO A DUTY STATION, 25 COMP. DEC 902 AND 9 COMP. GEN. 505, UNDER THE ACT OF 1912, MILEAGE IS PAYABLE FROM HIS HOME TO HIS FIRST DUTY STATION. THE VOUCHER, IF OTHERWISE CORRECT, MAY BE PAID.