A-39997, FEBRUARY 2, 1932, 11 COMP. GEN. 296

A-39997: Feb 2, 1932

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SUBSISTENCE EN ROUTE TO ENCAMPMENTS - NATIONAL GUARD OFFICERS AN OFFICER OF THE NATIONAL GUARD IS NOT ENTITLED UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT OF JUNE 3. WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREOF IS AUTHORIZED. TRANSPORTATION AS OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY ARE OR HEREAFTER MAY BE ENTITLED TO BY LAW. ORGANIZATIONAL TRAINING IS CONTEMPLATED BY THE SECTION AND ONLY SUCH ALLOWANCES FOR TRAVEL AS ACCRUE TO AN OFFICER TRAVELING WITH TROOPS IS AUTHORIZED WHETHER OR NOT THE OFFICER DOES OR DOES NOT TRAVEL WITH AN ORGANIZATION. LIEUTENANT COLONEL HARRIS CONTENDS THAT AS OFFICERS OF THE REGULAR ARMY DETAILED TO ATTEND NATIONAL GUARD ENCAMPMENTS AS INSTRUCTORS ARE ALLOWED ACTUAL EXPENSES OR A PER DIEM IN LIEU OF SUBSISTENCE WHILE TRAVELING IN CONNECTION WITH SUCH DUTY.

A-39997, FEBRUARY 2, 1932, 11 COMP. GEN. 296

SUBSISTENCE EN ROUTE TO ENCAMPMENTS - NATIONAL GUARD OFFICERS AN OFFICER OF THE NATIONAL GUARD IS NOT ENTITLED UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 206, IN ADDITION TO TRANSPORTATION, TO SUBSISTENCE OR A PER DIEM IN LIEU THEREOF, WHILE EN ROUTE TO AND FROM AUTHORIZED ENCAMPMENTS, WHETHER SUCH TRAVEL BE WITH OR WITHOUT TROOPS.

COMPTROLLER GENERAL MCCARL TO MAJ. ROLIN W. SHAW, UNITED STATES PROPERTY AND DISBURSING OFFICER, ARIZONA NATIONAL GUARD, FEBRUARY 2, 1932:

THERE HAS BEEN RECEIVED BY REFERENCE OF THE CHIEF OF FINANCE, DECEMBER 9, 1931, YOUR INDORSEMENT OF SEPTEMBER 19, 1931, FORWARDING, WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREOF IS AUTHORIZED, A VOUCHER COVERING CLAIM OF LIEUTENANT COLONEL CHARLES W. HARRIS, FORTY-FIFTH DIVISION, ARIZONA NATIONAL GUARD, FOR PER DIEM IN LIEU OF SUBSISTENCE WHILE TRAVELING UNDER ADJUTANT GENERAL SPECIAL ORDER NO. 89, JULY 23, 1931, FROM PHOENIX, ARIZ., TO FORT SILL ,OKLA., AND RETURN, TO PARTICIPATE IN AN ENCAMPMENT HELD AT THE LATTER PLACE FROM AUGUST 15 TO 29, 1931, UNDER SECTION 94, NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 206, WHICH PROVIDES THAT---

THE OFFICERS AND ENLISTED MEN OF SUCH NATIONAL GUARD WHILE SO ENGAGED SHALL BE ENTITLED TO THE SAME PAY, SUBSISTENCE, AND TRANSPORTATION AS OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY ARE OR HEREAFTER MAY BE ENTITLED TO BY LAW.

THIS SECTION HAS BEEN UNIFORMLY CONSTRUED AS ENTITLING OFFICERS OF THE NATIONAL GUARD TO TRANSPORTATION, BUT NO SUBSISTENCE OR OTHER EXPENSES INCURRED ENROUTE. SEE 11 COMP. DEC. 545, AND 2 COMP. GEN. 420. ORGANIZATIONAL TRAINING IS CONTEMPLATED BY THE SECTION AND ONLY SUCH ALLOWANCES FOR TRAVEL AS ACCRUE TO AN OFFICER TRAVELING WITH TROOPS IS AUTHORIZED WHETHER OR NOT THE OFFICER DOES OR DOES NOT TRAVEL WITH AN ORGANIZATION.

LIEUTENANT COLONEL HARRIS CONTENDS THAT AS OFFICERS OF THE REGULAR ARMY DETAILED TO ATTEND NATIONAL GUARD ENCAMPMENTS AS INSTRUCTORS ARE ALLOWED ACTUAL EXPENSES OR A PER DIEM IN LIEU OF SUBSISTENCE WHILE TRAVELING IN CONNECTION WITH SUCH DUTY, NATIONAL GUARD OFFICERS ARE ALSO SO ENTITLED UNDER SAID SECTION 94. BY A SPECIAL PROVISION CONTAINED IN SECTION 67 OF THE NATIONAL DEFENSE ACT, 39 STAT. 199, OFFICERS OF THE REGULAR ARMY ARE ENTITLED TO ACTUAL AND NECESSARY EXPENSES INCURRED WHEN TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD. THIS IS A SPECIAL PROVISION FOR TRAVEL BY ARMY OFFICERS IN CONNECTION WITH THIS PARTICULAR DUTY,AND HAS NO APPLICATION TO TRAVEL BY THEM IN CONNECTION WITH OTHER DUTY. THE ASSIMILATION UNDER SECTION 94 IS AS TO WHAT AN OFFICER OF THE REGULAR ARMY WOULD BE ENTITLED TO WHEN PARTICIPATING IN AN ENCAMPMENT OF THE REGULAR ARMY.

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