A-3874, JULY 8, 1924, 4 COMP. GEN. 25

A-3874: Jul 8, 1924

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IS TRAVEL IN "HOME WATERS" WITHIN THE PURVIEW OF THE ACT OF JUNE 12. HIS REQUEST FOR REVIEW IS BASED ON DECISION OF THE COURT OF CLAIMS. TRAVEL WAS PERFORMED PURSUANT TO PARAGRAPH 6 OF SPECIAL ORDERS. WHICH PROVIDES: EACH OF THE FOLLOWING-NAMED OFFICERS OF THE CAVALRY ARM IS RELIEVED FROM ASSIGNMENT TO THE 17TH CAVALRY AND IS ASSIGNED AS HEREINAFTER INDICATED: CAPTAIN VANCE W. EACH OF THE OFFICERS NAMED WILL PROCEED FROM THE PRESIDIO OF MONTEREY. AT SUCH TIME AS WILL ENABLE HIM TO PROCEED ON THE UNITED STATES NAVAL TRANSPORT HENDERSON SCHEDULED TO LEAVE THAT STATION ON DECEMBER 2. UPON ARRIVAL AT NEW YORK CITY EACH OFFICER WILL PROCEED TO THE STATION INDICATED AND JOIN THE ORGANIZATION TO WHICH ASSIGNED.

A-3874, JULY 8, 1924, 4 COMP. GEN. 25

MILEAGE FROM ATLANTIC TO PACIFIC PORT - ARMY OFFICER TRAVEL BY AN OFFICER OF THE ARMY PERFORMED PRIOR TO JUNE 10, 1922, ON A GOVERNMENT TRANSPORT, UNDER COMPETENT ORDERS WITHOUT TROOPS, FROM A PACIFIC PORT TO AN ATLANTIC PORT VIA THE PANAMA CANAL, IS TRAVEL IN "HOME WATERS" WITHIN THE PURVIEW OF THE ACT OF JUNE 12, 1906, 34 STAT. 246, AND ENTITLES THE OFFICER TO MILEAGE AT 4 CENTS PER MILE (7 CENTS LESS 3 CENTS PER MILE) FOR THE DISTANCE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN THE TWO PORTS.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 8, 1924:

FIRST LIEUT. VANCE W. BATCHELOR, THIRD CAVALRY, UNITED STATES ARMY, APPLIED JULY 17, 1923, FOR REVIEW OF SETTLEMENT W-550085, DATED MAY 5, 1923, DISALLOWING HIS CLAIM FOR MILEAGE FROM MONTEREY, CALIF., TO FORT ETHAN ALLEN, VT., AND FINDING HIM INDEBTED TO THE UNITED STATES IN THE SUM OF $28.06. HIS REQUEST FOR REVIEW IS BASED ON DECISION OF THE COURT OF CLAIMS, DECIDED JULY 2, 1923, 58 CT.CLS. 475, CASE OF CAPT. GEORGE A. MOORE.

TRAVEL WAS PERFORMED PURSUANT TO PARAGRAPH 6 OF SPECIAL ORDERS, NO. 260- O, WAR DEPARTMENT, DATED NOVEMBER 8, 1921, WHICH PROVIDES:

EACH OF THE FOLLOWING-NAMED OFFICERS OF THE CAVALRY ARM IS RELIEVED FROM ASSIGNMENT TO THE 17TH CAVALRY AND IS ASSIGNED AS HEREINAFTER INDICATED:

CAPTAIN VANCE W. BATCHELOR--- 1ST TRAINING CENTER SQUADRON, FORT ETHAN ALLEN, VERMONT.

EACH OF THE OFFICERS NAMED WILL PROCEED FROM THE PRESIDIO OF MONTEREY, CALIFORNIA, TO MARE ISLAND NAVY YARD, CALIF., AT SUCH TIME AS WILL ENABLE HIM TO PROCEED ON THE UNITED STATES NAVAL TRANSPORT HENDERSON SCHEDULED TO LEAVE THAT STATION ON DECEMBER 2, 1921, FOR NEW YORK CITY. UPON ARRIVAL AT NEW YORK CITY EACH OFFICER WILL PROCEED TO THE STATION INDICATED AND JOIN THE ORGANIZATION TO WHICH ASSIGNED. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND IS CHARGEABLE TO PROCUREMENT AUTHORITY FD 41 P 2451 A 2. (AG-210.313, CAV., 10-7-21.)

THE ACT OF JUNE 12, 1906, 34 STAT. 246, SO FAR AS HERE MATERIAL, PROVIDES:

* * * THAT HEREAFTER OFFICERS, ACTIVE AND RETIRED, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS * * * SHALL BE PAID SEVEN CENTS PER MILE AND NO MORE; DISTANCES TO BE COMPUTED AND MILEAGE TO BE PAID OVER THE SHORTEST USUALLY TRAVELED ROUTES, WITH DEDUCTIONS AS HEREINAFTER PROVIDED; * * * AND PROVIDED FURTHER, THAT FOR ALL SEA TRAVEL ACTUAL EXPENSES ONLY SHALL BE PAID TO OFFICERS, * * * WHEN TRAVELING ON DUTY UNDER COMPETENT ORDERS, WITH OR WITHOUT TROOPS, AND THE AMOUNTS SO PAID SHALL NOT INCLUDE ANY SHORE EXPENSES AT PORT OF EMBARKATION OR DEBARKATION; BUT FOR THE PURPOSE OF DETERMINING ALLOWANCES FOR ALL TRAVEL UNDER ORDERS, OR FOR OFFICERS AND ENLISTED MEN ON DISCHARGE, TRAVEL IN THE PHILIPPINE ARCHIPELAGO, THE HAWAIIAN ARCHIPELAGO, THE HOME WATERS OF THE UNITED STATES, AND BETWEEN THE UNITED STATES AND ALASKA SHALL NOT BE REGARDED AS SEA TRAVEL AND SHALL BE PAID FOR AT THE RATES ESTABLISHED BY LAW FOR LAND TRAVEL WITHIN THE BOUNDRIES OF THE UNITED STATES.

IN CONSTRUING THE ABOVE PROVISION OF THE ACT OF JUNE 12, 1906, IT WAS HELD BY THE COURT OF CLAIMS IN THE CASE OF GEORGE A. MOORE V. UNITED STATES, DECIDED JULY 2, 1923, 58 CT.CLS. 475, THAT WHERE AN ARMY OFFICER IS ORDERED TO PROCEED FROM A STATION ON THE PACIFIC COAST TO A STATION ON THE ATLANTIC COAST, VIA THE PANAMA CANAL, IT IS TRAVEL IN "HOME WATERS" AND NOT "SEA TRAVEL," AND HE IS ENTITLED TO HIS MILEAGE BY THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN THE TWO STATIONS.

THE OFFICE IN DECISION OF JUNE 2, 1922, 1 COMP. GEN. 717, DETERMINED THAT SUCH TRAVEL WAS NOT IN THE "HOME WATERS" OF THE UNITED STATES. SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, REPEALED THE SEA TRAVEL PORTION OF THE ACT OF JUNE 12, 1906, UPON WHICH THE DECISION WAS BASED. IT ALSO APPEARS THE MOORE CASE IN THE COURT OF CLAIMS WAS NOT APPEALED; NO REASON APPEARS FOR NOW ENFORCING THE DECISION, 1 COMP. GEN. 717, AND IT WILL NOT HEREAFTER BE FOLLOWED.

AS CLAIMANT PERFORMED TRAVEL ON A GOVERNMENT TRANSPORT, UNDER COMPETENT ORDERS WITHOUT TROOPS, FROM A PACIFIC PORT TO AN ATLANTIC PORT VIA PANAMA CANAL, HE IS ENTITLED TO MILEAGE AT 4 CENTS PER MILE (7 CENTS LESS 3 CENTS PER MILE) FOR THE DISTANCE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE, FROM MONTEREY, CALIF., TO FORT ETHAN ALLEN, VT.

CLAIMANT'S ACCOUNT IS STATED AS FOLLOWS:

TABLE

CREDITS BY MILEAGE FROM MONTEREY, CALIF., TO FORT ETHAN ALLEN, VT.,

3,393 MILES AT 4 CENTS PER MILE -------------------------- $135.72 BY AMOUNT REFUNDED BY CLAIMANT AS OVERPAYMENT ON VOUCHER 16 - 58.99

DEBITS TO AMOUNT PAID CLAIMANT ON VOUCHER 4 -------------- $ 26.67 TO AMOUNT PAID CLAIMANT ON VOUCHER 16 ------------- 136.69 DIFFERENCE (BALANCE DUE CLAIMANT) ---------- ------ 32.35

$194.71 $194.71 ..END :