A-36809, JUNE 18, 1931, 10 COMP. GEN. 547

A-36809: Jun 18, 1931

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ARE ENTITLED ONLY TO PAYMENT OF THE MONETARY ALLOWANCE FOR SUBSISTENCE AND QUARTERS AS PROVIDED BY SECTION 11 OF THE ACT OF JUNE 10. IN PART AS FOLLOWS: THERE IS UNDER CONSIDERATION A QUESTION PERTAINING TO THE PROVISIONS OF THE WAR DEPARTMENT APPROPRIATION ACTS FOR THE FISCAL YEARS 1931 AND 1932. THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED. THAT ALLOWANCES FOR SUBSISTENCE SHALL NOT ACCRUE TO SUCH AN ENLISTED MAN WHILE HE IS IN FACT BEING SUBSISTED AT GOVERNMENT EXPENSE.'. INCURRED BY OFFICERS AND ENLISTED OF THE ARMY NURSE CORPS ARE STILL RESTRICTED BY THE TERMS OF THAT ACT. LEADS TO THE CONCLUSION THAT IT IS YOUR OPINION THAT THE ACT OF APRIL 20.

A-36809, JUNE 18, 1931, 10 COMP. GEN. 547

TRAVELING EXPENSES - ARMY ENLISTED MEN ENLISTED MEN OF THE ARMY, WHEN TRAVELING ON DUTY UNDER ORDERS AND NOT FURNISHED SUBSISTENCE AND/OR QUARTERS, OTHER THAN WHEN TRAVELING BY AIR OR WHEN TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD, ARE ENTITLED ONLY TO PAYMENT OF THE MONETARY ALLOWANCE FOR SUBSISTENCE AND QUARTERS AS PROVIDED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, AND THE REGULATIONS OF THE PRESIDENT ISSUED THEREUNDER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JUNE 18, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 21, 1931, IN PART AS FOLLOWS:

THERE IS UNDER CONSIDERATION A QUESTION PERTAINING TO THE PROVISIONS OF THE WAR DEPARTMENT APPROPRIATION ACTS FOR THE FISCAL YEARS 1931 AND 1932, PERTAINING TO TRAVEL OF ENLISTED MEN OF THE REGULAR ARMY ON DUTY IN CONNECTION WITH THE RESERVE OFFICERS' TRAINING CORPS.

THE ACT OF APRIL 20, 1918, (40 STAT. 534; U.S.C. 10: 755; SEC. 1540, MIL. LAWS, 1929), ROVIDES:

"THAT HEREAFTER UNDER SUCH REGULATIONS AND WITHIN SUCH MAXIMUM RATES AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR ENLISTED MEN MAY BE REIMBURSED FOR ACTUAL EXPENSES OF TRAVEL, INCLUDING SUBSISTENCE AND LODGING, INCURRED WHILE TRAVELING UNDER COMPETENT ORDERS AND NOT EMBRACED IN THE MOVEMENT OF TROOPS, OR THEY MAY BE PAID A FLAT PER DIEM THEREFOR IN LIEU OF SUCH REIMBURSEMENT.' THEREFOR IN LIEU OF SUCH REIMBURSEMENT.'

SECTION 11 OF THE ACT OF JUNE 10, 1922 (42 STAT. 630; U.S.C. 37: 19; SEC. 1489, MIL. LAWS, 1929), PROVIDES: KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE, THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED, AND SHALL NOT EXCEED $4 PER DAY.'

THE ACT OF APRIL 15, 1926 (44 STAT. 257; U.S.C. 10: 716A; SEC. 1489, MIL. LAWS, 1929), PROVIDES:

"* * * THAT HEREAFTER ENLISTED MEN, INCLUDING THE MEMBERS OF THE UNITED STATES ARMY BAND, ENTITLED TO RECEIVE ALLOWANCES FOR QUARTERS AND SUBSISTENCE SHALL CONTINUE, WHILE THEIR PERMANENT STATIONS REMAIN UNCHANGED, TO RECEIVE SUCH ALLOWANCES WHILE SICK IN THE HOSPITAL OR ABSENT FROM THEIR PERMANENT-DUTY STATIONS IN A PAY STATUS: PROVIDED FURTHER, THAT ALLOWANCES FOR SUBSISTENCE SHALL NOT ACCRUE TO SUCH AN ENLISTED MAN WHILE HE IS IN FACT BEING SUBSISTED AT GOVERNMENT EXPENSE.'

THE ACT OF FEBRUARY 23, 1931, PUBLIC NO. 718, MAKING APPROPRIATION FOR OFFICERS' TRAINING CORPS, AS FOLLOWS:

"* * * FOR MILEAGE, TRAVELING EXPENSES, OR TRANSPORTATION, FOR TRANSPORTATION OF DEPENDENTS, AND FOR PACKING AND TRANSPORTATION OF BAGGAGE, AS AUTHORIZED BY LAW, FOR OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE REGULAR ARMY TRAVELING ON DUTY PERTAINING TO OR ON DETAIL TO OR RELIEF FROM DUTY WITH THE RESERVE OFFICERS' TRAINING CORPS; *

BEGINNING WITH THE APPROPRIATION ACT FOR THE FISCAL YEAR 1928, AND CONTINUING AND INCLUDING THAT FOR THE FISCAL YEAR 1932, THE FOLLOWING PROVISION HAS APPEARED UNDER ORGANIZED RESERVES:

"* * * FOR THE ACTUAL AND NECESSARY EXPENSES, OR PER DIEM IN LIEU THEREOF, AT RATES AUTHORIZED BY LAW, INCURRED BY OFFICERS AND ENLISTED OF THE ARMY NURSE CORPS ARE STILL RESTRICTED BY THE TERMS OF THAT ACT.

CAREFUL CONSIDERATION OF YOUR DECISIONS OF SEPTEMBER 6, 1922 (2 COMP. GEN. 185), OF JULY 10, 1924 (A-1887), OF AUGUST 30, 1927 (7 COMP. GEN. 159), AND OF MAY 28, 1930 (A-31829), LEADS TO THE CONCLUSION THAT IT IS YOUR OPINION THAT THE ACT OF APRIL 20, 1918, SUPRA, WAS REPEALED BY THE PROVISIONS OF SECTION 11, ACT OF JUNE 10, 1922, SUPRA, EXCEPT AS CONTINUED IN EFFECT FOR THE SOLE PURPOSE OF TRAVEL BY AIR BY SECTION 20 OF THE SAME ACT; AND THAT THE PERMANENT AUTHORITY FOR PAYMENT OF ACTUAL AND NECESSARY EXPENSES FOR ENLISTED MEN TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD IS FOUND IN SECTION 67 OF THE NATIONAL DEFENSE ACT AS AMENDED, PERHAPS SUBJECT TO THE RESTRICTION IN THE ACT OF APRIL 6, 1914, SUPRA. YOUR DECISIONS ABOVE CITED DO NOT TOUCH UPON THE PERMANENT AUTHORITY UNDERLYING THE PROVISIONS IN APPROPRIATION ACTS BY VIRTUE OF WHICH ENLISTED MEN, SINCE JULY 1, 1927, HAVE BEEN PAID ACTUAL EXPENSES OR PER DIEM IN LIEU THEREOF UP TO $5.00 PER DAY WHEN TRAVELING ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES.

HOWEVER, THERE EXIST GOOD REASONS FOR BELIEVING THAT THE ACT OF APRIL 20, 1918, WAS NOT REPEALED BY SECTION 11 OF THE ACT OF JUNE 10, 1922. THE COMMITTEE REPORTS ACCOMPANYING THE BILL WHICH BECAME THE LATTER ACT DISCLOSE NOTHING AS TO THE INTENT. STATEMENTS MADE AT THE HEARINGS ARE INCONCLUSIVE, AS THEY ARE NOT, IN GENERAL, KNOWN TO THE MEMBERS WHO VOTE FOR THE BILL AND ENACT IT INTO LAW. THE STATEMENT FROM THE HOUSE HEARINGS WHICH YOU QUOTE IN YOUR DECISION OF AUGUST 30, 1927, SUPRA, WERE MADE BY THE CHAIRMAN OF THE HOUSE SPECIAL COMMITTEE, AND BY THE CHAIRMAN OF THE JOINT COMMITTEE. THE STATEMENT ITSELF IS NOT CONCLUSIVE, FOR IT SPECIFICALLY RELATES ONLY TO ENLISTED MEN NOT FURNISHED QUARTERS OR RATIONS IN KIND, AND FURTHERMORE IT IS NOT WHOLLY IN CONFORMITY WITH THE PLAIN LANGUAGE OF SECTION 11 WHICH DOES NOT LIMIT THE $4.00 ALLOWANCE TO CASES INVOLVING TRAVEL. THE COMPILERS OF THE U.S.C. EVIDENTLY REGARD THE ACT OF APRIL 20, 1918, AS IN EFFECT (U.S.C. 10:755). SECTION 11 OF THE ACT OF JUNE 10, 1922, DOES NOT EXPRESSLY REFER TO TRAVEL. WHEREAS THE ACT OF APRIL 20, 1918, EXPRESSLY RELATED TO ,EXPENSES * * * INCURRED WHILE TRAVELING UNDER COMPETENT ORDERS AND NOT EMBRACED IN THE MOVEMENT OF TROOPS," SECTION 11 RELATED TO "EACH ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND.' IF THE GENERAL LANGUAGE OF SECTION 11 WAS NOT INTENDED TO REPEAL THE SPECIFIC PROVISIONS FOR TRAVEL IN THE ACT OF APRIL 20, 1918, THEN AUTHORITY TO PAY THE TRAVEL EXPENSES OF ENLISTED MEN WHO WERE FURNISHED QUARTERS IN KIND AT THEIR PERMANENT STATIONS, BUT WHO MIGHT NEVERTHELESS PROPERLY BE ORDERED TO PERFORM, ON TEMPORARY DUTY, TRAVEL NECESSARY IN THE MILITARY SERVICE, COULD STILL BE FOUND IN THE 1918 ACT. IT IS SUBMITTED THAT SECTION 11 WAS PRIMARILY INTENDED TO MAKE PROVISION FOR ALLOWANCES FOR ENLISTED MEN AT STATIONS WHERE THERE WERE NO QUARTERS IN KIND AND WHERE THEY DID NOT RECEIVE RATIONS, AND NOT TO REPEAL PRIOR LAWS RELATING TO EXPENSES OF TRAVEL OR PER DIEM IN LIEU THEREOF. YOUR RECONSIDERATION OF THIS QUESTION IS THEREFORE REQUESTED. BUT IF THE 1918 ACT WAS REPEALED, IT WOULD SEEM THAT THE ACTS OF APRIL 6, AND AUGUST 1, 1914, ARE STILL IN EFFECT.

UP TO THE PRESENT TIME ENLISTED MEN OF THE REGULAR ARMY, NOT FURNISHED QUARTERS OR RATIONS IN KIND, AND TRAVELING IN CONNECTION WITH THE RESERVE OFFICERS' TRAINING CORPS OR THE CITIZENS' MILITARY TRAINING CAMPS, HAVE BEEN PAID MONETARY ALLOWANCES NOT IN EXCESS OF $4.00 PER DAY. THIS WOULD BE PERMISSIBLE EITHER UNDER THE ACT OF AUGUST 1, 1914, THE ACT OF APRIL 20, 1918 (IF STILL IN FORCE), OR SECTION 11 OF THE ACT OF JUNE 10, 1922.

IN VIEW OF THE ABOVE-QUOTED PROVISIONS OF PERMANENT LAW AND OF THE APPROPRIATION ACTS FOR THE FISCAL YEARS 1931 AND 1932, YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT AN ENLISTED MAN OF THE REGULAR ARMY MAY, WHEN TRAVELING ON DUTY PERTAINING TO OR ON DETAIL TO OR RELIEF FROM DUTY WITH THE RESERVE OFFICERS' TRAINING CORPS DURING THE FISCAL YEARS 1931 AND/OR 1932 (1) MAY BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES OR BE PAID A FLAT PER DIEM IN LIEU THEREOF UNDER THE PROVISIONS OF THE ACT OF APRIL 20, 1918, OR (2) BE REIMBURSED FOR EXPENSES ACTUALLY INCURRED UNDER THE PROVISIONS OF THE ACT OF APRIL 6, 1914, OR ALLOWED A PER DIEM UNDER THE PROVISIONS OF THE ACT OF AUGUST 1, 1914.

THE ACTS OF APRIL 6, 1914, 38 STAT. 318, AND AUGUST 1, 1914, 38 STAT. 680, NEVER APPLIED TO ENLISTED MEN OF THE ARMY, GENERALLY, BUT ONLY TO ENLISTED MEN OF THE REGULAR ARMY TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD, AS PRIOR TO THE ACT OF APRIL 20, 1918 (AND THE REASON FOR ITS ENACTMENT), THE RULE WAS THAT AN ENLISTED MAN OF THE ARMY TRAVELING ON ANY DUTY OTHER THAN IN CONNECTION WITH THE NATIONAL GUARD WAS PAID COMMUTATION OF RATIONS AND FURNISHED TRANSPORTATION. UPON ENACTMENT OF THE ACT OF APRIL 20, 1918, ENLISTED MEN TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD, AS WELL AS ALL OTHER ENLISTED MEN, WERE ENTITLED TO TRAVELING EXPENSES AS FIXED BY REGULATIONS ISSUED UNDER THE AUTHORITY OF THAT ACT. SECTION 12 OF THE REVISED STATUTES PROVIDES:

WHENEVER AN ACT IS REPEALED, WHICH REPEALED A FORMER ACT, SUCH FORMER ACT SHALL NOT THEREBY BE REVIVED, UNLESS IT SHALL BE EXPRESSLY SO PROVIDED.

ENLISTED MEN OF THE ARMY, SINCE APRIL 20, 1918, HAVE NOT BEEN WITHIN THE ACTS OF 1914. SO FAR AS THEY ARE CONCERNED, THE ACTS WERE REPEALED BY THE SUBSTITUTION OF THE SPECIAL PROVISIONS MADE FOR THEM BY THE ACT OF APRIL 20, 1918. A-31138, APRIL 10, 1930, IS NOT INCONSISTENT WITH THE FOREGOING. IT WAS A CASE OF A MEMBER OF A CIVILIAN MILITARY TRAINING CAMP, ENTITLED TO MEDICAL TREATMENT FOR AN INJURY SUFFERED WHILE ATTENDING AN ENCAMPMENT, WHO WAS BEING TRANSFERRED FROM ONE HOSPITAL TO ANOTHER. WAS NOT AN ENLISTED MAN OF THE ARMY AND IT WAS HELD THAT NOT HAVING BEEN FURNISHED SUBSISTENCE IN KIND WHILE TRAVELING FROM ONE HOSPITAL TO ANOTHER, UNTIL OTHER PROVISIONS WERE MADE BY REGULATION, HE MIGHT BE REIMBURSED HIS ACTUAL AND NECESSARY EXPENSES, NOT EXCEEDING $5 PER DAY, AS PRESCRIBED BY THE ACT OF APRIL 6, 1914. MEMBERS OF THE ARMY NURSE CORPS HAVE BEEN CONTINUOUSLY UNDER THE LIMITING PROVISIONS OF THE ACT OF APRIL 6, 1914, AND UNLESS AND UNTIL LEGISLATION IS ENACTED WHICH INCLUDES NURSES OR OTHERWISE PROVIDES FOR MEMBERS OF THE ARMY NURSE CORPS, THE LIMITATION SO FIXED IS APPLICABLE TO THEM.

THE DECISION PUBLISHED IN 7 COMP. GEN. 159, RECOGNIZED THAT UNDER THE TERMS OF SECTION 67 OF THE NATIONAL DEFENSE ACT AND THE ACT OF APRIL 20, 1918, REGULATIONS HAD BEEN PRESCRIBED FOR ENLISTED MEN OF THE REGULAR ARMY TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD, AND THAT THE SPECIAL PROVISION FOR SUCH ENLISTED MEN MADE BY SECTION 67 OF THE NATIONAL DEFENSE ACT WAS NOT INTENDED TO BE MODIFIED OR REPEALED BY THE GENERAL PROVISIONS CONTAINED IN SECTION 11 OF THE PAY READJUSTMENT ACT OF JUNE 10, 1922, 42 STAT. 630. THAT DECISION, ALSO, RECOGNIZED THAT REIMBURSEMENT OF ENLISTED MEN TRAVELING BY AIR HAD BEEN MADE PURSUANT TO REGULATIONS PROMULGATED UNDER THE ACT OF APRIL 20, 1918, AND BY REASON OF THE LANGUAGE OF SECTION 20 OF THE PAY READJUSTMENT ACT, EXTENDING THE SAME ALLOWANCES FOR TRAVELING EXPENSES AS WERE THEN AUTHORIZED IN THE ARMY TO ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD, WAS DESIGNED TO CONTINUE THE AUTHORITY TO PRESCRIBE TRAVELING EXPENSES FOR ENLISTED MEN TRAVELING BY AIR UNDER THE ACT OF APRIL 20, 1918.

THE SUGGESTION THAT SECTION 11 OF THE PAY READJUSTMENT ACT OF 1922 "WAS PRIMARILY INTENDED TO MAKE PROVISION FOR ALLOWANCES FOR ENLISTED MEN AT STATIONS WHERE THERE WERE NO QUARTERS IN KIND AND WHERE THEY DID NOT RECEIVE RATIONS" IS CONTRARY TO THE CONTEMPORANEOUS CONSTRUCTION ADOPTED BY ALL OF THE SERVICES AFFECTED AND EMBODIED IN THE EXECUTIVE ORDER ISSUED ON THEIR JOINT RECOMMENDATIONS TO THE PRESIDENT, WHICH BY TABLE 1 ESTABLISHED RATES FOR MEN ON DUTY WHERE QUARTERS OR RATIONS IN KIND ARE NOT FURNISHED, AND BY TABLE 2, ESTABLISHED HIGHER RATES FOR "MEN TRAVELING ON DUTY WHERE QUARTERS OR TRAVEL RATIONS ARE NOT FURNISHED FOR THE JOURNEY.' NOT ONLY THAT, BUT THE LEGISLATIVE AND REGULATORY PROVISIONS IN THE NAVY, ONE OF THE SERVICES INCLUDED UNDER SECTION 11, WERE IMMEDIATELY ADAPTED TO THE REQUIREMENTS OF SECTION 11, AND THE EXECUTIVE ORDER ISSUED THEREUNDER, TO COVER ALL SITUATIONS OF ENLISTED MEN WHO WERE NOT QUARTERED OR SUBSISTED, INCLUDING THOSE TRAVELING, AND NO OTHER LEGISLATION OR APPROPRIATION AUTHORITY EXISTS FOR THE TRAVEL OF ENLISTED MEN OF THE NAVY, SEE 7 COMP. GEN. 781, 789, ET SEQ.

THE PROVISIONS IN THE ARMY APPROPRIATION ACT QUOTED, AUTHORIZING "TRAVEL EXPENSES * * * AS AUTHORIZED BY LAW, FOR * * * ENLISTED MEN OF THE REGULAR ARMY TRAVELING ON DUTY TO, OR ON DETAIL TO, OR RELIEF FROM DUTY WITH THE RESERVE OFFICERS' TRAINING CORPS" AND "FOR ACTUAL AND NECESSARY EXPENSES OR PER DIEM IN LIEU THEREOF AT RATES AUTHORIZED BY LAW TO BE INCURRED BY * * * ENLISTED MEN OF THE REGULAR ARMY TRAVELING ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES," ARE SPECIFIC AND DIRECT REFERENCES TO SECTION 11 OF THE PAY READJUSTMENT ACT OF 1922 AND THE REGULATIONS MADE PURSUANT THERETO, THE PRIMARY PURPOSE HAVING BEEN, SO FAR AS ENLISTED MEN WERE CONCERNED, TO CHARGE THE APPROPRIATION IN WHICH THE PROVISION IS CONTAINED RATHER THAN THE GENERAL APPROPRIATION FOR THE ARMY FOR TRAVEL BY ENLISTED MEN IN CONNECTION WITH THE PARTICULAR DUTY THEREIN PROVIDED FOR. SEE THE HEARINGS AND THE REPRESENTATIONS MADE TO THE APPROPRIATION COMMITTEE IN THAT CONNECTION. THERE WAS NO INTENDMENT TO PROVIDE, AS THERE IS NO NECESSITY FOR PROVIDING, A DIFFERENT AND HIGHER RATE OF REIMBURSEMENT FOR SUBSISTENCE TO ENLISTED MEN TRAVELING ON DUTY IN CONNECTION WITH THE RESERVE OFFICERS' TRAINING CORPS OR TO THE ORGANIZED RESERVES THAN WHEN TRAVELING ON ANY OTHER DUTY PERTAINING TO THE REGULAR ARMY.

IF IT BE A FACT THAT REIMBURSEMENT HAS BEEN MADE TO ENLISTED MEN TRAVELING ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES ON A DIFFERENT BASIS, NOTWITHSTANDING THE DECISION 7 COMP. GEN. 159, THE PASSING OF THESE ITEMS HAS BEEN AN AUDIT OVERSIGHT AND PAYMENTS AT THAT RATE, OR ON ANY OTHER BASIS THAN UNDER SECTION 11 OF THE PAY READJUSTMENT ACT OF 1922 AND THE EXECUTIVE ORDER ISSUED PURSUANT THERETO AFTER JUNE 30, 1931, WILL NOT BE PASSED TO CREDIT. A SUFFICIENT ANSWER TO THE SUGGESTION THAT THE PROVISIONS OF THE ACT OF APRIL 20, 1918, HAVE BEEN CARRIED INTO THE U.S.C. AS SECTION 755 OF TITLE 10 AND THAT THE COMPILERS OF THE CODE EVIDENTLY REGARDED IT AS STILL IN EFFECT, IS THE FOLLOWING QUOTATION FROM SECTION 2 (A) OF THE CODE AND A PARAGRAPH FROM THE PREFACE TO THE CODE OVER THE SIGNATURE OF THE CHAIRMAN OF THE HOUSE COMMITTEE ON REVISION OF THE LAWS:

SEC. 2. * * * (A) THE MATTER SET FORTH IN THE CODE, EVIDENCED AS HEREINAFTER IN THIS SECTION PROVIDED, SHALL ESTABLISH PRIMA FACIE THE LAWS OF THE UNITED STATES, GENERAL AND PERMANENT IN THEIR NATURE, IN FORCE ON THE 7TH DAY OF DECEMBER, 1925, BUT NOTHING IN THIS ACT SHALL BE CONSTRUED AS REPEALING OR AMENDING ANY SUCH LAW, OR AS ENACTING AS NEW LAW ANY MATTER CONTAINED IN THE CODE. * * *

THE NEXT TO THE LAST PARAGRAPH OF THE PREFACE IS AS FOLLOWS:

SCRUTINY OF THIS CODE IS INVITED. CONSTRUCTIVE CRITICISM IS SOLICITED. IT IS THE AMBITION OF THE COMMITTEE ON THE REVISION OF THE LAWS OF THE HOUSE OF REPRESENTATIVES GRADUALLY TO PERFECT THE CODE BY CORRECTING ERRORS, ELIMINATING OBSOLETE MATTER, AND RESTATING THE LAW WITH LOGICAL COMPLETENESS AND WITH PRECISION, BREVITY, AND UNIFORMITY OF EXPRESSION.

EXCEPT WHILE TRAVELING BY AIR, SECTION 11 OF THE PAY READJUSTMENT ACT OF 1922 IS THE SOLE AND ONLY AUTHORITY FOR TRAVEL EXPENSES OF ENLISTED MEN OF THE NAVY, MARINE CORPS (41 STAT. 831, 42 ID. 137, AND 809), AND THE COAST GUARD. ITS STATED PURPOSE WAS TO SECURE UNIFORMITY, THE REQUIREMENT THAT THE REGULATIONS THEREUNDER SHOULD BE ISSUED BY THE PRESIDENT WAS IN AID OF THAT PURPOSE, AND IT HAS THE SAME EFFECT WITH RESPECT TO THE ARMY, AS IN THE NAVY, MARINE CORPS, AND COAST GUARD, EXCEPT AS TO THE SPECIAL PROVISIONS THEN EXISTING FOR TRAVEL OF ENLISTED MEN ON DUTY IN CONNECTION WITH THE NATIONAL GUARD. THE STATEMENT QUOTED IN 7 COMP. GEN. 159, WAS THE STATEMENT OF THE COMMITTEE OF REPRESENTATIVES OF THE SIX SERVICES, THE PROPONENTS OF THE BILL, MADE TO THE JOINT COMMITTEE OF THE HOUSE AND SENATE INQUIRING INTO THE MATTER, AND WAS DESIGNED TO ENLIGHTEN THE COMMITTEE AS TO THE PURPOSE AND EFFECT OF THAT SECTION AND OF EACH AND EVERY SECTION OF THE BILL. SEE PAGES 2 AND 11 OF THE CITED DOCUMENT.

THAT SECTION 11 OF THE PAY READJUSTMENT ACT OF 1922 REPEALS, BY SUBSTITUTION, THE ACT OF APRIL 20, 1918, IS THE CONSIDERED JUDGMENT OF THIS OFFICE AND THE CITED SECTION 11 CONTAINS THE ONLY AUTHORITY FOR FIXING TRAVEL EXPENSES FOR ENLISTED MEN OF THE REGULAR ARMY, EXCEPT WHEN TRAVELING BY AIR AND WHEN TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD. YOUR QUESTION IS ANSWERED ACCORDINGLY.