A-38032, AUGUST 19, 1931, 11 COMP. GEN. 79

A-38032: Aug 19, 1931

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MILEAGE - OFFICER - ARMY RESERVE WHERE AN OFFICER OF THE AIR CORPS RESERVE OF THE ARMY IS ON EXTENDED ACTIVE DUTY AND A SUBSEQUENT ORDER ISSUES AUTHORIZING ANOTHER PERIOD OF EXTENDED ACTIVE DUTY. HE IS NOT ENTITLED TO MILEAGE TO HIS HOME UNDER THE FIRST ORDER AS AFTER EXPIRATION OF ACTIVE DUTY. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. RECEIVED WHILE ON DUTY AT THE STATION TO WHICH HE WAS ORDERED. THE ORDERS FIXING LIEUTENANT STRAND'S STATUS ARE AS FOLLOWS: SPECIAL ORDERS NO. 153. WHO WILL COMPLETE TRAINING AS FLYING CADETS AT KELLY FIELD. ARE WITH THEIR CONSENT. ON THAT DATE EACH OF THESE OFFICERS WILL PROCEED FROM KELLY FIELD.

A-38032, AUGUST 19, 1931, 11 COMP. GEN. 79

MILEAGE - OFFICER - ARMY RESERVE WHERE AN OFFICER OF THE AIR CORPS RESERVE OF THE ARMY IS ON EXTENDED ACTIVE DUTY AND A SUBSEQUENT ORDER ISSUES AUTHORIZING ANOTHER PERIOD OF EXTENDED ACTIVE DUTY, TO TAKE EFFECT ON EXPIRATION OF DUTY UNDER THE FIRST ORDER, OF WHICH THE OFFICER HAD NOTICE BEFORE EXPIRATION OF THE FIRST PERIOD OF ACTIVE DUTY, HE IS NOT ENTITLED TO MILEAGE TO HIS HOME UNDER THE FIRST ORDER AS AFTER EXPIRATION OF ACTIVE DUTY, NOR TO MILEAGE FROM HIS HOME TO HIS STATION UNDER THE SECOND ORDER.

COMPTROLLER GENERAL MCCARL TO MAJ. O. W. GRALUND, UNITED STATES ARMY, AUGUST 19, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 10, 1931, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. ERLING A. STRAND, AIR CORPS RESERVE, FOR MILEAGE FROM EUGENE, OREG., TO ROCKWELL FIELD, CALIF., CLAIMED UNDER SPECIAL ORDERS NO. 92, WAR DEPARTMENT, DATED APRIL 19, 1930, RECEIVED WHILE ON DUTY AT THE STATION TO WHICH HE WAS ORDERED, TRAVEL FROM ROCKWELL FIELD TO EUGENE HAVING BEEN PERFORMED WHILE ON LEAVE OF ABSENCE.

THE ORDERS FIXING LIEUTENANT STRAND'S STATUS ARE AS FOLLOWS:

SPECIAL ORDERS NO. 153, HEADQUARTERS EIGHTH CORPS AREA, FORT SAM HOUSTON, TEX., DATED JUNE 25, 1929:

1. BY DIRECTION OF THE PRESIDENT AND PURSUANT TO AUTHORITY CONTAINED IN 1ST INDORSEMENT, WAR DEPARTMENT, THE ADJUTANT GENERAL'S OFFICE (AG 210.313 AIR-RES. 5-21-29), JUNE 6, 1929, THE FOLLOWING UNASSIGNED SECOND LIEUTENANTS, AIR CORPS RESERVES, WHO WILL COMPLETE TRAINING AS FLYING CADETS AT KELLY FIELD, TEXAS, ON JUNE 27, 1929, ARE WITH THEIR CONSENT, ORDERED TO ACTIVE DUTY FOR A PERIOD OF ONE (1) YEAR, EFFECTIVE JUNE 28, 1929. ON THAT DATE EACH OF THESE OFFICERS WILL PROCEED FROM KELLY FIELD, TEXAS, BY THE SHORTEST USUALLY TRAVELED ROUTE, TO THE STATIONS INDICATED, REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER THEREOF FOR DUTY.

TO ROCKWELL FIELD, CALIFORNIA.

ERLING ANDERSON STRAND, C-264009, JUNE 28, 1929. 158 WEST 12TH AVENUE, EUGENE, OREGON.

THE ABOVE-NAMED OFFICERS, IF NOT SOONER RELIEVED FROM ACTIVE DUTY, WILL PROCEED TO THEIR HOMES SO AS TO ARRIVE THERE ON JUNE 27, 1930, AT WHICH TIME THEY WILL STAND RELIEVED FROM FURTHER ACTIVE DUTY UNDER THIS ORDER.

PAY AND ALLOWANCES ARE CHARGEABLE TO PROCUREMENT AUTHORITIES, FD 682 P 2717 A 3190-9 AND FD 682 P 2717 A 3190-30.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND IS CHARGEABLE TO PROCUREMENT AUTHORITIES, FD 568 P 5042 A 3190-9 AND FD 568 P 5042 A 3190-0. TRANSPORTATION OF BAGGAGE IS CHARGEABLE TO PROCUREMENT AUTHORITIES, FD 768 P 5205 A 3190-9 AND FD 768 P 5205 A 3190-0.

SPECIAL ORDERS, NO. 92, WAR DEPARTMENT, DATED APRIL 19, 1930:

23. BY DIRECTION OF THE PRESIDENT, SECOND LIEUTENANT ERLING A. STRAND, AIR CORPS RESERVE (0-264009), IS, WITH HIS CONSENT, ORDERED TO ACTIVE DUTY, EFFECTIVE JUNE 30, 1930. ON THAT DATE HE WILL REPORT TO THE COMMANDING OFFICER ROCKWELL FIELD, CALIFORNIA, FOR DUTY, AND WILL RANK FROM JUNE 24, 1929. SECOND LIEUTENANT STRAND WILL BE RELIEVED FROM DUTY IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME, EUGENE, OREGON, ON DECEMBER 27, 1930, ON WHICH DATE HE WILL REVERT TO INACTIVE STATUS, FD 682 P 2717 A 3190-0 AND 1. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE, FD 568 P 5042 A 3190-0 AND 1. PACKING, CRATING, AND TRANSPORTATION OF BAGGAGE ARE CHARGEABLE TO FD 769 P 5205 A 3190-0 AND 1.

SPECIAL ORDERS, NO. 76, HEADQUARTERS ROCKWELL FIELD, CORONADO, CALIF., DATED JUNE 7, 1930:

1. UNDER THE PROVISIONS OF AR 605-115 LEAVE OF ABSENCE FOR A PERIOD OF EIGHTEEN (18) DAYS, EFFECTIVE ON OR ABOUT JUNE 9, 1930, IS GRANTED SECOND LIEUTENANT ERLING A. STRAND, AIR-RES.

SPECIAL ORDERS, NO. 153 ASSIGNED THIS RESERVE OFFICER TO ACTIVE DUTY AT ROCKWELL FIELD FOR ONE YEAR AND PROVIDED FOR HIS RELIEF FROM THAT STATION SO AS TO ARRIVE AT HIS HOME JUNE 27, 1930. SPECIAL ORDERS, NO. 92, ISSUED APRIL 19, 1930, ASSIGNED HIM FOR ACTIVE DUTY AT THE SAME STATION EFFECTIVE SO AS TO ARRIVE AND REPORT ON JUNE 30, 1930, WHICH WOULD HAVE NECESSITATED COMMENCING TRAVEL JUNE 27, 1930.

THE ACTUAL SITUATION WAS THAT PRIOR TO THE PERFORMANCE OF ANY TRAVEL THE OFFICER WAS IN RECEIPT OF TWO ORDERS, ONE ISSUED APPROXIMATELY A YEAR PRIOR THERETO WHICH DIRECTED HIM UPON RELIEF FROM ACTIVE DUTY TO PROCEED THE OTHER ASSIGNING HIM TO ACTIVE DUTY REQUIRING HIM TO LEAVE EUGENE ON JUNE 27, 1930, IN ORDER THAT HE MIGHT REPORT AT ROCKWELL FIELD JUNE 30, 1930. THE EFFECT WAS TO KEEP THE OFFICER CONTINUOUSLY ON ACTIVE DUTY. THE SPECIFIC MILITARY DUTY ENJOINED IN EACH OF THE ORDERS WAS THE PERFORMANCE OF ACTIVE DUTY AT ROCKWELL FIELD, AND NO OFFICIAL TRAVEL WAS NECESSARY FOR CONTINUATION OF THE ACTIVE DUTY DIRECTED IN SPECIAL ORDERS, NO. 92, THE OFFICER BEING ALREADY OFFICIALLY AT THAT PLACE. TRAVEL ON PUBLIC BUSINESS IS THE FOUNDATION ON WHICH THE MILEAGE RESTS. PERRIMOND V. UNITED STATES, 19 CT.CLS. 519. THE PUBLIC BUSINESS ENJOINED IN THESE ORDERS NECESSITATED NO TRAVEL TO EUGENE AND RETURN AND THE LITERAL WORDING OF THE ORDERS DIRECTING THE TRAVEL DOES NOT CONSTITUTE A COMPETENT ORDER ENTITLING TO MILEAGE.

THE OFFICER IN THIS CASE WAS GRANTED 18 DAYS-LEAVE, EFFECTIVE JUNE 9, 1930, AND TERMINATING JUNE 27, 1930. IT WOULD APPEAR THAT HE AVAILED HIMSELF OF SUCH LEAVE AND PROCEEDED TO EUGENE WHILE ON A LEAVE STATUS. APPLIED FOR AND TOOK THIS LEAVE KNOWING HE WAS TO CONTINUE ON ACTIVE DUTY FOR ANOTHER EXTENDED PERIOD WHICH WOULD BE CONTINUOUS WITH HIS THEN PRESENT TOUR OF ACTIVE DUTY. IN THESE CIRCUMSTANCES IT WAS HIS OBLIGATION TO RETURN TO HIS STATION WITHOUT EXPENSE TO THE GOVERNMENT, THE FACT THAT THE SECOND ORDER WAS DRAWN IN APPARENT IGNORANCE OF THE TIME SITUATION GIVING HIM NO RIGHTS TO MILEAGE AS FOR RELIEF FROM ACTIVE DUTY AND ALSO MILEAGE TO REPORT FOR ANOTHER PERIOD OF ACTIVE DUTY.

YOU ARE ADVISED PAYMENT IS NOT AUTHORIZED ON THE VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE.