A-41078, MARCH 14, 1932, 11 COMP. GEN. 346

A-41078: Mar 14, 1932

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SUBSISTENCE ALLOWANCE - ENLISTED MEN OF THE MARINE CORPS ENLISTED MEN OF THE MARINE CORPS IN A TRAVEL STATUS FOR A FRACTIONAL PART OF A DAY ARE ENTITLED. TO HAVE THEIR SUBSISTENCE ALLOWANCE COMPUTED ON THE BASIS OF THE NUMBER OF HOURS ABSENT FROM THEIR STATION IN A TRAVEL STATUS. FOR ENLISTED MEN OF THE MARINE CORPS IN A TRAVEL STATUS FOR A FRACTIONAL PART OF A DAY IN CASES WHERE TRAVEL IS OF LESS THAN 12 HOURS' DURATION. THE HYPOTHETICAL CASES ARE SUGGESTED OF AN ABSENCE IN A TRAVEL STATUS FROM 10 A.M. IT IS STATED THAT IS HAS BEEN THE PRACTICE OF THE MARINE CORPS IN SUCH CASES TO COMPUTE THE SUBSISTENCE ALLOWANCE ON THE BASIS OF THE NUMBER OF HOURS IN A TRAVEL STATUS. IT IS. SUGGESTED THAT SUCH A BASIS IS UNFAIR UNDER THE HYPOTHETICAL CASES SUGGESTED.

A-41078, MARCH 14, 1932, 11 COMP. GEN. 346

SUBSISTENCE ALLOWANCE - ENLISTED MEN OF THE MARINE CORPS ENLISTED MEN OF THE MARINE CORPS IN A TRAVEL STATUS FOR A FRACTIONAL PART OF A DAY ARE ENTITLED, UNDER SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, AND TABLE II OF THE EXECUTIVE ORDER OF SEPTEMBER 29, 1927, TO HAVE THEIR SUBSISTENCE ALLOWANCE COMPUTED ON THE BASIS OF THE NUMBER OF HOURS ABSENT FROM THEIR STATION IN A TRAVEL STATUS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MARCH 14, 1932:

THERE HAS BEEN RECEIVED BY YOUR FIRST INDORSEMENT OF FEBRUARY 23, 1923, REQUEST OF THE MAJOR GENERAL COMMANDANT, UNITED STATES MARINE CORPS, FOR DECISION AS TO THE PROPER ALLOWANCE UNDER SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, AND THE EXECUTIVE ORDER OF SEPTEMBER 29, 1927, FOR ENLISTED MEN OF THE MARINE CORPS IN A TRAVEL STATUS FOR A FRACTIONAL PART OF A DAY IN CASES WHERE TRAVEL IS OF LESS THAN 12 HOURS' DURATION, EMBRACING TWO MEAL PERIODS, OR LESS THAN 18 HOURS, EMBRACING THREE MEAL PERIODS. THE HYPOTHETICAL CASES ARE SUGGESTED OF AN ABSENCE IN A TRAVEL STATUS FROM 10 A.M. TO 8 P.M., AN ELAPSED TIME OF 10 HOURS, INVOLVING TWO MEAL PERIODS, AND FROM 5 A.M. TO 9 P.M., AN ELAPSED TIME OF 16 HOURS, INVOLVING THREE MEAL PERIODS. IT IS STATED THAT IS HAS BEEN THE PRACTICE OF THE MARINE CORPS IN SUCH CASES TO COMPUTE THE SUBSISTENCE ALLOWANCE ON THE BASIS OF THE NUMBER OF HOURS IN A TRAVEL STATUS, REGARDLESS OF THE NUMBER OF MEAL PERIODS INVOLVED. IT IS, HOWEVER, SUGGESTED THAT SUCH A BASIS IS UNFAIR UNDER THE HYPOTHETICAL CASES SUGGESTED.

TABLE II OF THE EXECUTIVE ORDER CITED PROVIDES A DAILY ALLOWANCE FOR MEN TRAVELING ON DUTY WERE COOKED OR TRAVEL RATIONS ARE NOT FURNISHED FOR THE JOURNEY, AND NOTE 1 THEREUNDER PROVIDES:

WHEN IN A TRAVEL STATUS ALLOWANCES FOR SUBSISTENCE WILL BE COMPUTED AS FOLLOWS FOR THE DAY OF DEPARTURE FROM AND ARRIVAL AT STATION: THE DAY TO BEGIN AT MIDNIGHT; FOR 18 HOURS OR MORE IN TRAVEL STATUS, ONE WHOLE DAY; FOR 12 HOURS OR OVER, BUT LESS THAN 18 HOURS IN TRAVEL STATUS, TWO-THIRDS OF ONE DAY; FOR LESS THAN 12 HOURS IN TRAVEL STATUS, ONE-THIRD OF ONE DAY; NO ALLOWANCE WILL BE PAID FOR THE FIRST DAY OF A JOURNEY WHICH BEGINS AFTER 6 O-CLOCK P.M.

THE RIGHT TO THE ALLOWANCE ACCRUES FROM LAPSE OF TIME ONLY, AND THE MATTERS OF ACTUAL EXPENSE INCURRED, OR THE NUMBER OF MEALS TAKEN, IN NO WAY, UNDER THE CLEAR PROVISIONS OF THE EXECUTIVE ORDER, DETERMINES THE AMOUNT OF THE ALLOWANCE. ACCORDINGLY, YOU ARE ADVISED THAT THE PRACTICE, AS STATED, OF COMPUTING THE SUBSISTENCE ALLOWANCE ON THE BASIS OF THE NUMBER OF HOURS ABSENT FROM STATION IN A TRAVEL STATUS IS CORRECT, AND IS IN HARMONY WITH THE RULE SET OUT IN DECISION OF AUGUST 30, 1927, 7 COMP. GEN. 159.