A-51897, MAY 3, 1934, 13 COMP. GEN. 319

A-51897: May 3, 1934

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THROUGH THE SUEZ CANAL IS. WHERE IT IS SHOWN THAT TRANSPORTATION WAS AVAILABLE ON VESSELS REGISTERED UNDER THE LAWS OF THE UNITED STATES SAILING FROM SHANGHAI. ARE AS FOLLOWS: FROM: THE COMMANDER IN CHIEF. YOU WILL REGARD YOURSELF DETACHED FROM DUTY ON BOARD THAT VESSEL. FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU. YOU WILL PROCEED TO ANNAPOLIS. WILL BE ALLOWED. THESE ORDERS WERE MODIFIED MARCH 20. ARE SO FAR MODIFIED THAT YOU WILL PROCEED FROM SHANGHAI. SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHEN SUCH SHIPS ARE AVAILABLE. UNDER THE PROVISIONS OF THIS ACT THE PAYMENT TO YOU OF A PER-DIEM ALLOWANCE WHILE TRAVELING ON A FOREIGN-FLAG VESSEL IS CONTINGENT UPON THE FURNISHING OF SATISFACTORY PROOF THAT SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WERE NOT AVAILABLE.

A-51897, MAY 3, 1934, 13 COMP. GEN. 319

SUBSISTENCE - VESSELS - NAVAL OFFICER TRAVELING ON FOREIGN VESSEL AN OFFICER OF THE NAVY AUTHORIZED TO TRAVEL ON A VESSEL OF FOREIGN REGISTRY FROM SHANGHAI, CHINA, TO NEW YORK, N.Y., THROUGH THE SUEZ CANAL IS, UNDER THE PROVISIONS OF SECTION 601 OF THE ACT OF MAY 22, 1928, 45 STAT. 697, NOT ENTITLED TO A PER DIEM IN LIEU OF ACTUAL EXPENSES OF SUBSISTENCE WHILE TRAVELING THEREON, WHERE IT IS SHOWN THAT TRANSPORTATION WAS AVAILABLE ON VESSELS REGISTERED UNDER THE LAWS OF THE UNITED STATES SAILING FROM SHANGHAI, CHINA, TO SAN FRANCISCO, CALIF.

COMPTROLLER GENERAL MCCARL TO LT. LEWIS R. MILLER, UNITED STATES NAVY, MAY 3, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 10, 1934, REQUESTING REVIEW OF SETTLEMENT NO. 0150181, DATED MARCH 28, 1934, DISALLOWING YOUR CLAIM FOR A PER DIEM ALLOWANCE OF $1 IN LIEU OF ACTUAL EXPENSES WHILE TRAVELING ON FOREIGN FLAG VESSELS FROM SHANGHAI, CHINA, TO HAMBURG, GERMANY, APRIL 4, TO MAY 21, 1933, ON THE S.S. KULMERLAND, THENCE TO NEW YORK, MAY 25 TO JUNE 2, 1933, ON THE S.S. DEUTSCHLAND.

ORDERS FROM THE COMMANDER IN CHIEF, UNITED STATES ASIATIC FLEET, DATED MARCH 17, 1933, TO YOU, ARE AS FOLLOWS: FROM: THE COMMANDER IN CHIEF. TO: LIEUTENANT (JG) LEWIS R. MILLER, U.S. NAVY. SUBJECT: CHANGE OF DUTY.

1. ON OR ABOUT 27 MARCH 1933, AND WHEN DIRECTED BY THE COMMANDING OFFICER, U.S.S. OAHU, YOU WILL REGARD YOURSELF DETACHED FROM DUTY ON BOARD THAT VESSEL, AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU; PROCEED FROM SHANGHAI, CHINA, TO NEW YORK, N.Y., VIA THE SUEZ CANAL, BY THE FIRST AVAILABLE COMMERCIAL CONVEYANCE FLYING THE AMERICAN FLAG, THERE BEING NO GOVERNMENT TRANSPORTATION TRANS-PACIFIC OR VIA THE PANAMA CANAL AVAILABLE.

2. UPON YOUR ARRIVAL AT NEW YORK, N.Y., YOU WILL PROCEED TO ANNAPOLIS, MARYLAND, AND REPORT TO THE SUPERINTENDENT, U.S. NAVAL ACADEMY, ANNAPOLIS, MARYLAND, FOR DUTY IN ATTENDANCE UPON A POSTGRADUATE COURSE OF INSTRUCTION IN THE SCHOOL OF THE LINE, BEGINNING JULY 1, 1933.

8. A PER DIEM OF $1.00 IN LIEU OF ACTUAL EXPENSES FOR SUBSISTENCE DURING TRAVEL VIA COMMERCIAL STEAMER FROM SHANGHAI, CHINA, TO NEW YORK, N.Y., VIA THE SUEZ CANAL, AND A PER DIEM OF $5.00 IN LIEU OF ACTUAL EXPENSES FOR SUBSISTENCE DURING TRAVEL WITHIN THE UNITED STATES, WILL BE ALLOWED.

THESE ORDERS WERE MODIFIED MARCH 20, 1933, AS FOLLOWS: FROM: THE COMMANDER IN CHIEF. TO: LIEUTENANT (JG) LEWIS R. MILLER, U.S. NAVY. SUBJECT: CHANGE OF DUTY--- MODIFICATION OF ORDERS. REFERENCE: (A) CINC ORDERS (2646), DATED MARCH 17, 1923.

1. YOUR ORDERS, CONTAINED IN REFERENCE (A), ARE SO FAR MODIFIED THAT YOU WILL PROCEED FROM SHANGHAI, CHINA, TO NEW YORK, N.Y., VIA THE SUEZ CANAL, BY THE FIRST AVAILABLE COMMERCIAL CONVEYANCE FLYING FOREIGN FLAG, THERE BEING NO COMMERCIAL CONVEYANCE FLYING THE AMERICAN FLAG AVAILABLE, AND NO GOVERNMENT TRANSPORTATION TRANS-PACIFIC OR VIA THE PANAMA CANAL AVAILABLE.

SECTION 601 OF THE ACT OF MAY 22, 1928 (45 STAT. 697), PROVIDES:

ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS TO FOREIGN COUNTRIES, OR TO ANY OF THE POSSESSIONS OF THE UNITED STATES, SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHEN SUCH SHIPS ARE AVAILABLE, UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED, THAT THE COMPTROLLER GENERAL OF THE UNITED STATES SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFOR.

UNDER THE PROVISIONS OF THIS ACT THE PAYMENT TO YOU OF A PER-DIEM ALLOWANCE WHILE TRAVELING ON A FOREIGN-FLAG VESSEL IS CONTINGENT UPON THE FURNISHING OF SATISFACTORY PROOF THAT SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WERE NOT AVAILABLE; AND A STATEMENT IN THE ORDERS, THAT NO COMMERCIAL CONVEYANCE FLYING THE AMERICAN FLAG WAS AVAILABLE, IS NOT SUFFICIENT, IN THE ABSENCE OF SUPPORTING FACTS TO AUTHORIZE PAYMENT OF A PER-DIEM ALLOWANCE WHILE SO TRAVELING.

THERE WAS SUBMITTED FOR CONSIDERATION THE STATEMENT OF JANUARY 10, 1934, OF THE DOLLAR STEAMSHIP LINES, SHOWING THAT THE S.S. PRESIDENT PIERCE, S.S. PRESIDENT MONROE, AND S.S. PRESIDENT VAN BUREN, ALL REGISTERED UNDER THE LAWS OF THE UNITED STATES, SAILING AFTER MARCH 21, 1933, FROM SHANGHAI THROUGH THE SUEZ CANAL AND ARRIVING AT NEW YORK CITY PRIOR TO JUNE 30, 1933, WERE FULLY BOOKED WITH THE USUAL SEASONAL TRAFFIC. THIS WAS PRESUMABLY THE SITUATION ON WHICH TRAVEL BY FOREIGN FLAG VESSELS WAS DIRECTED BY YOUR AMENDED ORDERS. IT IS NOTED THAT THESE ORDERS STATE THERE WAS NO TRANS-PACIFIC GOVERNMENT TRANSPORTATION AVAILABLE, BUT THEY DID NOT STATE THAT TRANS-PACIFIC COMMERCIAL CONVEYANCE FLYING THE AMERICAN FLAG WAS NOT AVAILABLE. INFORMATION ON FILE IN THIS OFFICE SHOWS THE FOLLOWING SAILINGS OF SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES FROM SHANGHAI TO SAN FRANCISCO:

TABLE

LEFT SHANGHAI ARRIVED SAN

FRANCISCO PRESIDENT HOOVER ----------------- APRIL 1ST ---------------- APRIL 18TH. PRESIDENT MCKINLEY ------------ -- APRIL 15TH --------------- MAY 2D. PRESIDENT COOLIDGE ------------- - APRIL 29TH --------------- MAY 16TH. PRESIDENT LINCOLN ------------- -- MAY 13TH --------------- MAY 30TH. PRESIDENT HOOVER ----------- ----- MAY 27TH --------------- JUNE 13TH. PRESIDENT WILSON -------- -------- JUNE 10TH --------------- JUNE 27TH.

IT IS SHOWN THAT ON ALL OF THESE STEAMERS MINIMUM-PRICED FIRST-CLASS ACCOMMODATIONS WERE AVAILABLE UP TO SAILING DATE WITH THE EXCEPTION OF THE PRESIDENT MCKINLEY, SAILING APRIL 15TH, ON WHICH ONLY SUPERIOR GRADE FIRST -CLASS ACCOMMODATIONS WERE AVAILABLE. YOU WERE NOT REQUIRED TO REPORT FOR DUTY AT THE POSTGRADUATE SCHOOL, ANNAPOLIS, UNTIL JULY 1, 1933, AND THE EVIDENCE SHOWS THAT SUITABLE ACCOMMODATIONS WERE AVAILABLE ON TRANS- PACIFIC STEAMERS FLYING THE AMERICAN FLAG SAILING FROM SHANGHAI TO SAN FRANCISCO. IF THE COST TO THE GOVERNMENT IN ROUTING YOU VIA SAN FRANCISCO ON A VESSEL REGISTERED UNDER THE LAWS OF THE UNITED STATES WAS SLIGHTLY HIGHER THAN THE COST OF ROUTING YOU THROUGH THE SUEZ CANAL, SUCH FACT, IF ESTABLISHED, WOULD NOT OVERCOME THE REQUIREMENT OF THE CITED STATUTE.