A-3751, JULY 16, 1924, 4 COMP. GEN. 61

A-3751: Jul 16, 1924

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ARE ENTITLED TO MILEAGE AT 8 CENTS PER MILE FOR TRAVEL PERFORMED IN PROCEEDING FROM THEIR HOMES TO THEIR PLACE OF DUTY AND TRAVEL PERFORMED IN RETURNING TO THEIR HOMES WHEN RELIEVED OF DUTY IN THE MILITIA BUREAU. ARE ENTITLED TO ACTUAL EXPENSES ON THE SAME BASIS AND UNDER THE SAME LIMITATIONS AS OFFICERS OF THE REGULAR ARMY TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD. REQUESTING DECISION AS TO THE ALLOWANCES TO WHICH A RESERVE OFFICER IS ENTITLED FOR TRAVEL PERFORMED IN PROCEEDING FROM HIS HOME TO HIS STATION UNDER AN ASSIGNMENT FOR ACTIVE DUTY IN THE MILITIA BUREAU. - * * * MAY ALSO ASSIGN FOR DUTY IN THE MILITIA BUREAU THREE OFFICERS WHO HOLD OR HAVE HELD COMMISSIONS IN THE NATIONAL GUARD AND WHO AT THE TIME OF ASSIGNMENT ARE RESERVE OFFICERS.

A-3751, JULY 16, 1924, 4 COMP. GEN. 61

MILEAGE - TRAVELING EXPENSES - MEMBERS OF OFFICERS' RESERVE CORPS ASSIGNED TO DUTY IN MILITIA BUREAU MEMBERS OF THE OFFICERS' RESERVE CORPS ASSIGNED TO ACTIVE DUTY IN THE MILITIA BUREAU, IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1034, ARE ENTITLED TO MILEAGE AT 8 CENTS PER MILE FOR TRAVEL PERFORMED IN PROCEEDING FROM THEIR HOMES TO THEIR PLACE OF DUTY AND TRAVEL PERFORMED IN RETURNING TO THEIR HOMES WHEN RELIEVED OF DUTY IN THE MILITIA BUREAU. MEMBERS OF THE OFFICERS' RESERVE CORPS PERFORMING TRAVEL IN CONNECTION WITH THE NATIONAL GUARD, DURING AN ASSIGNMENT TO ACTIVE DUTY IN THE MILITIA BUREAU, ARE ENTITLED TO ACTUAL EXPENSES ON THE SAME BASIS AND UNDER THE SAME LIMITATIONS AS OFFICERS OF THE REGULAR ARMY TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF WAR, JULY 16, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 28, 1924, REQUESTING DECISION AS TO THE ALLOWANCES TO WHICH A RESERVE OFFICER IS ENTITLED FOR TRAVEL PERFORMED IN PROCEEDING FROM HIS HOME TO HIS STATION UNDER AN ASSIGNMENT FOR ACTIVE DUTY IN THE MILITIA BUREAU, FOR TRAVEL PERFORMED IN CONNECTION WITH HIS DUTIES WHILE SO ASSIGNED, AND FOR TRAVEL PERFORMED IN RETURNING TO HIS HOME FROM THE MILITIA BUREAU WHEN RELIEVED FROM DUTY THEREIN.

SECTION 81 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY SECTION 4 OF THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1034, CONTAINS A PROVISION THAT THE PRESIDENT---

* * * MAY ALSO ASSIGN FOR DUTY IN THE MILITIA BUREAU THREE OFFICERS WHO HOLD OR HAVE HELD COMMISSIONS IN THE NATIONAL GUARD AND WHO AT THE TIME OF ASSIGNMENT ARE RESERVE OFFICERS, AND ANY SUCH OFFICER WHILE SO ASSIGNED SHALL RECEIVE OUT OF THE WHOLE FUND APPROPRIATED FOR THE SUPPORT OF THE NATIONAL GUARD THE PAY AND ALLOWANCES PROVIDED IN THE PAY READJUSTMENT ACT OF JUNE 10, 1922, FOR OFFICERS OF THE NATIONAL GUARD WHEN AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY.

THE "RESERVE OFFICERS" AUTHORIZED TO BE ASSIGNED TO DUTY IN THE MILITIA BUREAU ARE OFFICERS OF THE "OFFICERS' RESERVE CORPS," AND SUCH BUREAU BEING A DIVISION OF THE WAR DEPARTMENT, THE ASSIGNMENT TO DUTY THEREIN IS AN ASSIGNMENT TO ACTIVE DUTY AND TO STATION IN THE WAR DEPARTMENT.

THE PAY AND ALLOWANCES PROVIDED BY THE PAY READJUSTMENT ACT OF JUNE 10, 1922, FOR OFFICERS OF THE NATIONAL GUARD WHEN AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY IS THE PAY OF THEIR GRADE AND LENGTH OF SERVICE AS PRESCRIBED BY SECTION 3, 42 STAT. 627, AND THE SUBSISTENCE AND RENTAL ALLOWANCES AS PRESCRIBED BY SECTIONS 5 AND 6 OF THE ACT, AUTHORIZED BY SECTION 14 OF SUCH ACT, AT PAGE 631. NO ALLOWANCE ON ACCOUNT OF TRAVEL PERFORMED BY NATIONAL GUARD OFFICERS IS PRESCRIBED BY SUCH ACT AND REFERENCE MUST BE HAD TO SECTION 37A OF THE NATIONAL DEFENSE ACT, 41 STAT. 776, WHICH PLACES SUCH OFFICERS ON A PARITY WITH OFFICERS OF THE REGULAR ARMY FOR THE PAYMENT OF TRAVEL ALLOWANCES, THE SECTION PROVIDING THAT RESERVE OFFICERS-

* * * WHEN ON ACTIVE DUTY HE SHALL RECEIVE THE SAME * * * ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY * * * AND MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME * * * .

MILEAGE IS PROVIDED FOR ARMY OFFICERS BY SECTION 12 OF THE PAY READJUSTMENT ACT, 42 STAT. 631, AT 8 CENTS PER MILE, THE DISTANCE TO BE COMPUTED OVER THE SHORTEST USUALLY TRAVELED ROUTE.

YOU ARE ACCORDINGLY ADVISED THAT RESERVE OFFICERS ASSIGNED TO ACTIVE DUTY IN THE MILITIA BUREAU IN ACCORDANCE WITH THE PROVISION OF THE ACT OF SEPTEMBER 22, 1922, CITED, ARE ENTITLED TO MILEAGE AT 8 CENTS PER MILE FOR TRAVEL PERFORMED IN PROCEEDING FROM THEIR HOMES TO THEIR PLACE OF DUTY, AND FOR TRAVEL PERFORMED IN RETURNING TO THEIR HOMES FROM THE MILITIA BUREAU WHEN RELIEVED FROM DUTY THEREIN. SEE IN THIS CONNECTION 3 COMP. GEN. 293, AND DECISION TO THEODORE SCHULTZ OF NOVEMBER 30, 1923, 27 MS. COMP. GEN. 1307.

YOU ALSO ASK AS TO THE ALLOWANCE OF SUCH OFFICERS,"FOR TRAVEL PERFORMED IN CONNECTION WITH THEIR DUTIES IN THE MILITIA BUREAU.' IT IS ASSUMED THAT ALL SUCH TRAVEL IS "ON DUTY IN CONNECTION WITH THE NATIONAL GUARD.' IF SO, UNDER THE TERMS OF SECTIONS 37A AND 67 OF THE NATIONAL DEFENSE ACT, AS AMENDED, 41 STAT. 776 AND 42 STAT. 1034, THE OFFICER WILL BE ENTITLED TO ACTUAL EXPENSES ON THE SAME BASIS AND UNDER THE SAME LIMITATIONS AS AN OFFICER OF THE REGULAR ARMY TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD.