A-5904, NOVEMBER 10, 1924, 4 COMP. GEN. 437

A-5904: Nov 10, 1924

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HE IS NOT ENTITLED TO THE DIFFERENCE BETWEEN THE AMOUNT OF MILEAGE FOR THE TRAVEL ACTUALLY PERFORMED AFTER RECEIPT OF THE ORDERS AND THAT WHICH HE WOULD HAVE RECEIVED HAD HE MADE THE TRAVEL FROM HIS HOME TO THE ACADEMY. REQUESTING DECISION WHETHER THE DIFFERENCE BETWEEN THE AMOUNT PAID AT 5 CENTS PER MILE FROM THE POINT WHERE THE ORDERS DIRECTING TRAVEL WERE ACTUALLY RECEIVED AND THE TRAVEL ORIGINATED AND THE ALLOWANCE AT 5 CENTS PER MILE FROM THEIR HOMES TO THE ACADEMY MAY BE PAID TO THE RESPECTIVE CADETS. THE VOUCHERS SHOW THAT THE HOME OF LOBDELL IS AT GREAT BEND. THAT OF FLEMING IS AT FORT OGLETHORPE. PROVIDES: THAT CADETS AT THE MILITARY ACADEMY AND CADETS AND CADET ENGINEERS OF THE COAST GUARD SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY LAW FOR MIDSHIPMAN IN THE NAVY.

A-5904, NOVEMBER 10, 1924, 4 COMP. GEN. 437

MILEAGE - CADETS OF THE UNITED STATES MILITARY ACADEMY WHERE A CADET ENTERING THE UNITED STATES MILITARY ACADEMY RECEIVED, AT A PLACE OTHER THAN HIS HOME, ORDERS DIRECTING HIM TO TRAVEL FROM SUCH PLACE TO THE ACADEMY, HE IS NOT ENTITLED TO THE DIFFERENCE BETWEEN THE AMOUNT OF MILEAGE FOR THE TRAVEL ACTUALLY PERFORMED AFTER RECEIPT OF THE ORDERS AND THAT WHICH HE WOULD HAVE RECEIVED HAD HE MADE THE TRAVEL FROM HIS HOME TO THE ACADEMY.

COMPTROLLER GENERAL MCCARL TO MAJ. FRED W. BOSCHEN, FINANCE DEPARTMENT, UNITED STATES ARMY, NOVEMBER 10, 1924:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION OF OCTOBER 3, 1924, TRANSMITTING TWO VOUCHERS, ONE IN FAVOR OF DAVID S. LOBDELL AND THE OTHER IN FAVOR OF ROBERT J. FLEMING, JR., NEW CADETS, UNITED STATES MILITARY ACADEMY, WEST POINT, N.Y., FOR MILEAGE AT 5 CENTS PER MILE FOR TRAVEL TO ENTER THE MILITARY ACADEMY, PERFORMED DURING JUNE, 1924, AND REQUESTING DECISION WHETHER THE DIFFERENCE BETWEEN THE AMOUNT PAID AT 5 CENTS PER MILE FROM THE POINT WHERE THE ORDERS DIRECTING TRAVEL WERE ACTUALLY RECEIVED AND THE TRAVEL ORIGINATED AND THE ALLOWANCE AT 5 CENTS PER MILE FROM THEIR HOMES TO THE ACADEMY MAY BE PAID TO THE RESPECTIVE CADETS.

THE VOUCHERS SHOW THAT THE HOME OF LOBDELL IS AT GREAT BEND, BARTON COUNTY, KANS., AND THAT OF FLEMING IS AT FORT OGLETHORPE, GA., WHILE THEY RECEIVED THE ORDERS DIRECTING TRAVEL TO THE MILITARY ACADEMY AT WASHINGTON, D.C., AND EXETER, N.H., RESPECTIVELY. THE OFFICIAL DISTANCES INVOLVED APPEAR TO BE AS FOLLOWS:

CHART

MILES

GREAT BEND, KANS., TO WEST POINT, N.Y. ---------------- 1,647

WASHINGTON, D.C., TO WEST POINT, N.Y. ----------------- 281

FORT OGLETHORPE, GA., TO WEST POINT, N.Y. ------------- 912

EXETER, N.H., TO WEST POINT, N.Y. --------------------- 337

SECTION 19 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, PROVIDES:

THAT CADETS AT THE MILITARY ACADEMY AND CADETS AND CADET ENGINEERS OF THE COAST GUARD SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY LAW FOR MIDSHIPMAN IN THE NAVY.

THE NAVAL APPROPRIATION ACT OF JANUARY 22, 1923, 42 STAT. 1133, PROVIDES, IN SO FAR AS IS HERE MATERIAL, AS FOLLOWS:

* * * FOR MILEAGE, AT 5 CENTS PER MILE, TO MIDSHIPMEN ENTERING THE NAVAL ACADEMY WHILE PROCEEDING FROM THEIR HOMES TO THE NAVAL ACADEMY FOR EXAMINATION AND APPOINTMENT AS MIDSHIPMEN; * * *.

IT HAS BEEN HELD THAT UNDER THE ABOVE CITED ACTS CADETS WHO HAVE PROCEEDED FROM THEIR HOMES TO THE MILITARY ACADEMY FOR EXAMINATION AND APPOINTMENT ARE ENTITLED TO 5 CENTS PER MILE FOR THE ENTIRE DISTANCE FROM THEIR HOMES TO THE MILITARY ACADEMY BY THE SHORTEST DISTANCE FROM THEIR HOMES TO THE MILITARY ACADEMY BY THE SHORTEST USUALLY TRAVELED ROUTE. COMP. GEN. 654. THERE IS FOR DECISION THE PLACE FROM WHICH MILEAGE SHOULD BE COMPUTED WHEN THE ORDERS DIRECTING TRAVEL TO THE MILITARY ACADEMY ARE RECEIVED AT A PLACE OTHER THAN THE HOME OF THE CADET.

THE PURPOSE OF THE STATUTES IS THAT THE CADET MAY BE TRANSPORTED AT THE EXPENSE OF THE GOVERNMENT FROM THE PLACE WHERE HE MAY BE TEMPORARILY OR PERMANENTLY RESIDING AT THE TIME HE IS ORDERED TO TRAVEL TO THE MILITARY ACADEMY. THE ALLOWANCE AUTHORIZED IS NOT AN EMOLUMENT OR A GRATUITY, BUT IS A FORM OF REIMBURSEMENT FOR MONEY EXPENDED.

THE TRAVEL PERFORMED BY LOBDELL AND FLEMING FROM WASHINGTON, D.C., AND EXETER, N.H., TO WEST POINT, N.Y., RESPECTIVELY, IS THE ONLY TRAVEL PERFORMED UNDER THE CONDITIONS INDICATED, AND I HAVE TO ADVISE YOU THAT THERE IS NO AUTHORITY FOR THE PAYMENT OF MILEAGE AT 5 CENTS PER MILE TO SUCH CADETS ENTERING THE MILITARY ACADEMY FOR CONSTRUCTIVE TRAVEL FROM A PLACE OTHER THAN FROM THAT WHERE THE TRAVEL ORIGINATES OR FOR TRAVEL PERFORMED PRIOR TO THE ACTUAL RECEIPT BY THEM OF ORDERS DIRECTING THE TRAVEL. THE VOUCHERS, RETURNED HEREWITH, ARE NOT STATED FOR THE DIFFERENCE BETWEEN THE DISTANCE FROM THE HOMES OF THE CADETS TO THE ACADEMY AND THE PLACES WHERE THEY RECEIVED ORDERS DIRECTING TRAVEL THERETO, BUT FOR THE DISTANCE ACTUALLY TRAVELED, WHICH IS AUTHORIZED, IF NOT ALREADY PAID, EXCEPT AS TO ERROR IN COMPUTATION IN LOBDELL'S VOUCHER, WHICH SHOULD BE $14.05 INSTEAD OF $40.05. IF IT WAS INTENDED TO SUBMIT VOUCHERS FOR THE DIFFERENCE INDICATED, THE VOUCHERS, IF CORRECTED, MAY NOT BE PAID.