A-3515, JULY 12, 1924, 4 COMP. GEN. 50

A-3515: Jul 12, 1924

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MILEAGE - LEAVE OF ABSENCE - MARINE CORPS OFFICER THE FACT THAT AN OFFICER OF THE MARINE CORPS WAS GRANTED LEAVE OF ABSENCE TO EXPIRE UPON THE EFFECTIVE DATE OF HIS CHANGE OF STATION ORDERS AND ACTUALLY PERFORMED THE TRAVEL TO THE NEW STATION DURING SUCH LEAVE DOES NOT DEFEAT HIS RIGHT TO MILEAGE UNDER SECTION 12. 1924: I HAVE YOUR LETTER OF MAY 2. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY MILEAGE TO CAPT. YOU WILL STAND DETACHED FROM YOUR PRESENT STATION AND DUTIES. WILL PROCEED. YOUR FLIGHT ORDERS ARE CONTINUED IN FORCE FOR THIS DUTY. 3. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE. WITH A STATEMENT THAT IF THE LEAVE APPLIED FOR WERE GRANTED IT WAS HIS INTENTION TO COMMENCE THE TRAVEL REQUIRED BY HIS ORDERS OF MARCH 21.

A-3515, JULY 12, 1924, 4 COMP. GEN. 50

MILEAGE - LEAVE OF ABSENCE - MARINE CORPS OFFICER THE FACT THAT AN OFFICER OF THE MARINE CORPS WAS GRANTED LEAVE OF ABSENCE TO EXPIRE UPON THE EFFECTIVE DATE OF HIS CHANGE OF STATION ORDERS AND ACTUALLY PERFORMED THE TRAVEL TO THE NEW STATION DURING SUCH LEAVE DOES NOT DEFEAT HIS RIGHT TO MILEAGE UNDER SECTION 12, ACT OF JUNE 10, 1922, 42 STAT. 631. DISTINGUISHED FROM CHANGE OF STATION ORDERS RECEIVED WHILE ON LEAVE.

ACTING COMPTROLLER GENERAL GINN TO CAPT. H. W. MITCHELL, ASSISTANT PAYMASTER, UNITED STATES MARINE CORPS, JULY 12, 1924:

I HAVE YOUR LETTER OF MAY 2, 1924, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY MILEAGE TO CAPT. ARTHUR H. PAGE, UNITED STATES MARINE CORPS, FROM QUANTICO, VA., TO NAVAL AIR STATION, PENSACOLA, FLA., UNDER ORDERS ADDRESSED TO HIM UNDER DATE OF MARCH 21, 1924, AS FOLLOWS AND IN THE CIRCUMSTANCES HEREAFTER STATED:

1. ON APRIL 10, 1924, YOU WILL STAND DETACHED FROM YOUR PRESENT STATION AND DUTIES, WILL PROCEED, ON AVIATION DUTY, TO THE NAVAL AIR STATION, PENSACOLA, FLA., AND REPORT TO THE COMMANDANT FOR AVIATION DUTY AT THAT STATION AS THE RELIEF OF FIRST LIEUTENANT HARMON J. NORTON, MARINE CORPS.

2. YOUR FLIGHT ORDERS ARE CONTINUED IN FORCE FOR THIS DUTY.

3. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE.

BY LETTER DATED MARCH 31, 1924, CAPTAIN PAGE REQUESTED SIX DAYS' LEAVE OF ABSENCE TO TAKE EFFECT APRIL 4, 1924, WITH A STATEMENT THAT IF THE LEAVE APPLIED FOR WERE GRANTED IT WAS HIS INTENTION TO COMMENCE THE TRAVEL REQUIRED BY HIS ORDERS OF MARCH 21, 1924, AND THAT HIS ADDRESS WHILE ON LEAVE WOULD BE NAVAL AIR STATION, PENSACOLA, FLA. THE LEAVE WAS GRANTED WITH THE STATEMENT "YOUR DETACHMENT FROM THIS POST IS EFFECTIVE APRIL 10, 1924.' CAPTAIN PAGE COMMENCED TRAVEL ON OR ABOUT APRIL 4, 1924, AND HIS ORDERS BEAR INDORSEMENT BY THE COMMANDANT AT PENSACOLA, FLA., THAT HE REPORTED APRIL 11, 1924.

YOU SUGGEST AS REASON FOR DOUBT AS TO THE PROPRIETY OF PAYMENT THAT THE OFFICER PERFORMED THE TRAVEL DURING THE PERIOD OF LEAVE OF ABSENCE WHILE STILL ATTACHED TO HIS OLD STATION. SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, SO FAR AS HERE MATERIAL, 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 * * *.

MILEAGE IS A REIMBURSEMENT AND A COMMUTATION OF TRAVELING EXPENSES AND THE BASIS OF THE ALLOWANCE IS THAT THE TRAVEL IS ON PUBLIC BUSINESS AND PURSUANT TO COMPETENT ORDERS. PERRIMOND V. UNITED STATES, 19 CT.CLS. 509. THE LEAVE WAS ASKED FOR PRELIMINARY TO CHANGE OF STATION. THE GRANTING OF LEAVE DOES NOT AFFECT THE OBLIGATION OF THE GOVERNMENT TO PAY MILEAGE FOR THE TRANSFER FROM THE OLD TO THE NEW STATION. IF CHANGE OF STATION HAD BEEN ORDERED WHILE ON LEAVE, THE QUESTION OF MILEAGE MIGHT HAVE BEEN AFFECTED AS TO NO GREATER AMOUNT BEING ALLOWABLE THAN BETWEEN THE TWO STATIONS, AND NOT EXCEEDING THE TRAVEL FROM PLACE WHERE ORDERS WERE RECEIVED TO NEW STATION, BUT NO SUCH QUESTION APPEARS FROM THE FACTS STATED IN THE PRESENT MATTER. THE TRAVEL BEING UNDER COMPETENT ORDERS AND WITHOUT TROOPS, THE STATUTE GIVES HIM MILEAGE AT 8 CENTS PER MILE. OTHERWISE CORRECT, THE MILEAGE ACCOUNT MAY BE PAID.