A-35789, APRIL 1, 1931, 10 COMP. GEN. 443

A-35789: Apr 1, 1931

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SUBSISTENCE - PER DIEMS - TRAVEL STATUS - ARMY OFFICER WHERE AN OFFICER OF THE DENTAL CORPS OF THE ARMY WAS ORDERED FROM FORT SHERMAN. TRAVELED FROM PLACE TO PLACE WHERE THE OFFICERS AND ENLISTED MEN WERE ON DUTY. HE WAS IN A TRAVEL STATUS DURING THE ENTIRE ABSENCE FROM HIS PERMANENT POST OF DUTY. IS ENTITLED TO A PER DIEM OF $6 WHILE IN SUCH TRAVEL STATUS. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. WILL PROCEED TO GRANADA. FOR TEMPORARY DUTY FOR A PERIOD OF ABOUT ONE (1) MONTH AND FIFTEEN (15) DAYS FOR THE PURPOSE OF RENDERING THE NECESSARY DENTAL ATTENDANCE TO THE COMMAND AND UPON COMPLETION WILL RETURN TO THEIR PROPER STATION.

A-35789, APRIL 1, 1931, 10 COMP. GEN. 443

SUBSISTENCE - PER DIEMS - TRAVEL STATUS - ARMY OFFICER WHERE AN OFFICER OF THE DENTAL CORPS OF THE ARMY WAS ORDERED FROM FORT SHERMAN, CANAL ZONE, TO NICARAGUA FOR THE PURPOSE OF RENDERING THE NECESSARY DENTAL ATTENDANCE TO THE COMMAND ON DUTY IN CONNECTION WITH THE SURVEY OF AN INTEROCEANIC SHIP CANAL ACROSS NICARAGUA, AND TRAVELED FROM PLACE TO PLACE WHERE THE OFFICERS AND ENLISTED MEN WERE ON DUTY, RENDERING TEMPORARY DUTY OF SHORT DURATION AT EACH CAMP OR POST, HE WAS IN A TRAVEL STATUS DURING THE ENTIRE ABSENCE FROM HIS PERMANENT POST OF DUTY, AND IS ENTITLED TO A PER DIEM OF $6 WHILE IN SUCH TRAVEL STATUS.

COMPTROLLER GENERAL MCCARL TO FIRST LIEUT. KERYN AP RICE, UNITED STATES ARMY, APRIL 1, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 20, 1931, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. LELAND S. MABRY, D.C., UNITED STATES ARMY, FOR $453, PER DIEM OF $6 FOR THE PERIOD FROM AUGUST 31,1930, TO NOVEMBER 14, 1930, WHILE TRAVELING AND ON TEMPORARY DUTY PURSUANT TO SPECIAL ORDERS NO. 180, HEADQUARTERS PANAMA CANAL DEPARTMENT, QUARRY HEIGHTS, CANAL ZONE, DATED AUGUST 7, 1930, AS OLLOWS:

4. IN ACCORDANCE WITH INSTRUCTIONS CONTAINED IN LETTER WAR DEPARTMENT, JULY 29, 1930, AG 210.482 PANAMA (7-23-30) OFFRS; 451 RHD; JDB SUBJECT: ORDERS, FIRST LIEUTENANT LELAND S. MABRY, DENTAL CORPS, FORT SHERMAN, C.Z. ACCOMPANIED BY PRIVATE LLOYD F. JONES, ASN 6801923, MEDICAL DEPARTMENT, FORT SHERMAN, C.Z. WILL PROCEED TO GRANADA, NICARAGUA WITH PORTABLE DENTAL EQUIPMENT ON THE TRANSPORT SAILING FROM THIS DEPARTMENT ON OR ABOUT AUGUST 19, 1930, AND UPON ARRIVAL REPORT TO THE COMMANDING OFFICER, U.S. ARMY TROOPS IN NICARAGUA, FOR TEMPORARY DUTY FOR A PERIOD OF ABOUT ONE (1) MONTH AND FIFTEEN (15) DAYS FOR THE PURPOSE OF RENDERING THE NECESSARY DENTAL ATTENDANCE TO THE COMMAND AND UPON COMPLETION WILL RETURN TO THEIR PROPER STATION, VIA FIRST AVAILABLE TRANSPORT. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. ALL AUTHORIZED EXPENSES ARE CHARGEABLE TO THE APPROPRIATION "INTER-OCEANIC CANALS" CARRIED IN THE SECOND DEFICIENCY ACT, FISCAL YEAR 1929, APPROVED MARCH 4, 1929. IN LIEU OF REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES, PAYMENT OF A FLAT PER DIEM OF SIX DOLLARS ($6.00), EXCLUSIVE OF TRANSPORTATION CHARGES, IS AUTHORIZED FOR TRAVEL OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES IN NORTH AMERICA FOR THE OFFICER (AR 35-4820).

THE QUARTERMASTERS AT PANAMA AND NICARAGUA ARE AUTHORIZED TO SHIP THE PORTABLE DENTAL EQUIPMENT BY EXPRESS.

THE DATE OF DEPARTURE FROM FORT SHERMAN, CANAL ZONE, IS NOT SHOWN, AND IF REIMBURSEMENT HAS BEEN MADE FOR EXPENSES INCURRED INCIDENT TO TRAVEL FROM FORT SHERMAN TO GRANADA, NICARAGUA, REFERENCE TO THE VOUCHER COVERING SUCH TRAVEL HAS NOT BEEN MADE ON THE VOUCHER TRANSMITTED, WHICH COVERS ONLY A PART OF THE ORDERED TRAVEL. THE VOUCHER TRANSMITTED SHOWS THAT CAPTAIN MABRY ARRIVED AT GRANADA AT 3:45 P.M., AUGUST 31, 1930; DEPARTED THEREFROM AT 10 A.M., SEPTEMBER 2, 1930, AND ARRIVED AT SAN CARLOS AT 10 A.M., SEPTEMBER 3, 1930; DEPARTED THEREFROM AT 6:30 A.M., SEPTEMBER 4, 1930, AND ARRIVED AT CAMP HOOVER AT 4 P.M. THE SAME DAY; DEPARTED THEREFROM AT 7 .M., SEPTEMBER 5, 1930, AND ARRIVED AT CAMP HURLEY AT 6 P.M. THE SAME DAY; DEPARTED THEREFROM AT 7 A.M., SEPTEMBER 12, 1930, AND ARRIVED AT CAMP JOSEFINA AT 3:30 P.M. THE SAME DAY; DEPARTED THEREFROM AT 7 A.M., SEPTEMBER 18, 1930, AND RETURNED TO CAMP HURLEY AT 4 P.M. THE SAME DAY; DEPARTED THEREFROM AT 7 A.M., SEPTEMBER 21, 1930, AND RETURNED TO CAMP HOOVER AT 6 P.M. THE SAME DAY; DEPARTED THEREFROM AT 5:50 A.M., OCTOBER 6, 1930, AND RETURNED TO SAN CARLOS AT 10:30 P.M. THE SAME DAY; DEPARTED THEREFROM AT 11 A.M., OCTOBER 8, 1930, AND ARRIVED AT CAMP DEAKYNE AT 1 M., OCTOBER 9, 1930; DEPARTED THEREFROM AT 2:30 P.M., OCTOBER 15, 1930, AND RETURNED TO GRANADA AT 1 P.M., OCTOBER 16, 1930. HE IS SHOWN TO HAVE BEEN AT GRANADA UNTIL NOVEMBER 14, 1930, ON WHICH DATE IT IS ASSUMED HE DEPARTED, RETURNING TO HIS PROPER STATION.

THE VARIOUS STATIONS AND CAMPS TO WHICH THE OFFICER TRAVELED AND AT WHICH HE PERFORMED TEMPORARY DUTY, IT WOULD APPEAR, WERE ESTABLISHED PURSUANT TO AUTHORIZATION CONTAINED IN SECTION 3 OF THE ACT OF MARCH 2, 1929, 45 STAT. 1539, AUTHORIZING AN INVESTIGATION AND SURVEY FOR THE PURPOSE OF ASCERTAINING THE PRACTICABILITY AND PROBABLE COST OF CONSTRUCTING AND MAINTAINING AN INTEROCEANIC SHIP CANAL ACROSS THE REPUBLIC OF NICARAGUA. THE APPROPRIATION AUTHORIZED FOR THIS PURPOSE WAS CARRIED IN THE DEFICIENCY ACT APPROVED MARCH 4, 1929, 45 STAT. 1667, AND PROVIDES UNDER SUBHEADING "CORPS OF ENGINEERS" AS FOLLOWS:

INTEROCEANIC CANALS: FOR EVERY EXPENDITURE REQUISITE FOR AND INCIDENT TO THE INVESTIGATION AND SURVEY TO DETERMINE THE PRACTICABILITY AND COST OF ENLARGING THE PANAMA CANAL TO THE EXTENT WHICH MAY BE NECESSARY TO MEET THE FUTURE NEEDS OF SHIPPING, AND THE PRACTICABILITY, NECESSITY, AND COST OF AN INTEROCEANIC SHIP CANAL OVER NICARAGUAN TERRITORY, $150,000, TO REMAIN AVAILABLE UNTIL EXPENDED.

THE EMPLOYMENT OF DENTAL SURGEONS IN THE ARMY TO RENDER DENTAL SERVICE TO OFFICERS AND ENLISTED MEN OF THE ARMY HAS BEEN AUTHORIZED FOR MANY YEARS. SEE SECTION 18, ACT OF FEBRUARY 2, 1901, 31 STAT. 752; SECTION 10 OF THE ACT OF JUNE 3, 1916, 39 STAT. 171, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 767. IT WOULD APPEAR THAT THE NUMBER OF OFFICERS AND MEN DETAILED FOR DUTY IN CONNECTION WITH THE INVESTIGATION AND SURVEY IN NICARAGUA WAS NOT SUFFICIENT TO REQUIRE THE FULL TIME OF A DENTAL CORPS OFFICER. THE SERVICES OF AN ARMY DENTAL SURGEON NOT BEING AVAILABLE AS A PART OF THE COMMAND DETAILED FOR THE PURPOSE OF THE SURVEY, CAPTAIN MABRY WAS DIRECTED BY HIS ORDERS TO PROCEED TO NICARAGUA "FOR THE PURPOSE OF RENDERING THE NECESSARY DENTAL ATTENDANCE TO THE COMMAND.' THIS ASSIGNMENT FOR THE PERFORMANCE OF TEMPORARY DUTY REQUIRED TRAVEL BY THE OFFICER FROM HIS PERMANENT POST TO NICARAGUA, AND TRAVEL FROM PLACE TO PLACE IN THE ZONE IN WHICH THE SURVEY WAS BEING CONDUCTED, THE TEMPORARY DUTY AT EACH PLACE BEING OF SHORT DURATION. THIS WAS A SPECIAL DUTY ENJOINED BY HIS ORDERS REQUIRING CONTINUOUS TRAVEL FOR ITS PERFORMANCE, UPON THE COMPLETION OF WHICH HE WAS DIRECTED TO RETURN TO HIS PROPER STATION; HE WAS, THEREFORE, IN A TRAVEL STATUS DURING HIS ENTIRE ABSENCE FROM HIS PERMANENT STATION, AND ENTITLED TO PAYMENT OF THE PER DIEM ALLOWANCE PRESCRIBED BY HIS ORDERS, EXCEPT DURING SUCH PERIODS, IF ANY, HE WAS TRAVELING ON GOVERNMENT-OWNED VESSELS FOR WHICH NO TRANSPORTATION FARE WAS PAID, FOR WHICH TRAVEL ONLY ACTUAL EXPENSES ARE AUTHORIZED. HIS STATUS WAS DIFFERENT FROM AN OFFICER TEMPORARILY ASSIGNED TO DUTY WITH THE COMMAND, AND WHO WOULD NOT BE IN A TRAVEL STATUS AFTER REPORTING UNDER HIS ORDERS.

THE VOUCHER, RENDERED PURSUANT TO THE ORDERS, IS STATED FOR PAYMENT UNDER THE APPROPRIATION ,INTEROCEANIC CANALS.' SUCH APPROPRIATION IS AVAILABLE "FOR EVERY EXPENDITURE REQUISITE FOR AND INCIDENT TO THE INVESTIGATION AND SURVEY.' THIS OFFICER WAS NOT ORDERED FOR THE PERFORMANCE OF DUTY REQUISITE FOR OR INCIDENT TO THE SURVEY, BUT THE PURPOSE OF THE TRAVEL WAS TO "RENDER THE NECESSARY DENTAL ATTENDANCE TO THE COMMAND," AND HIS TRAVEL EXPENSES ARE A PROPER CHARGE AGAINST THE APPROPRIATION "MILEAGE OF THE ARMY, 1931.'

YOU ARE ADVISED THAT, IF OTHERWISE CORRECT, PAYMENT OF THE VOUCHER MAY BE MADE.