A-59554, JANUARY 23, 1935, 14 COMP. GEN. 571

A-59554: Jan 23, 1935

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AIR CORPS AN OFFICER OF THE AIR CORPS OF THE ARMY IS NOT ENTITLED TO MILEAGE FOR THE RETURN TRIP BY RAIL FROM A PLACE TO WHICH HE WAS AUTHORIZED TO TRAVEL BY AIR PURSUANT TO AN ORIGINAL ORDER STATING "NO EXPENSE TO THE GOVERNMENT WILL BE INCURRED BY REASON OF THIS AUTHORITY. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF BENJAMIN D. ATTACHED TO THE VOUCHER IS AN ORDER DATED NOVEMBER 9. NO EXPENSE TO THE GOVERNMENT WILL BE INCURRED BY REASON OF THIS AUTHORITY. THERE IS ALSO ATTACHED TO THE VOUCHER A TELEGRAM OF NOVEMBER 13. TRAVEL DIRECTED IS NECESSARY IN MILITARY SERVICE AND TRAVEL BY RAIL CHARGEABLE TO FD FOURTEEN NAUGHT TWO P ONE SEVENTY- SEVEN DASH NAUGHT SIX TWENTY A NAUGHT EIGHTY-FIVE DASH FIVE.

A-59554, JANUARY 23, 1935, 14 COMP. GEN. 571

MILEAGE - ARMY OFFICER, AIR CORPS AN OFFICER OF THE AIR CORPS OF THE ARMY IS NOT ENTITLED TO MILEAGE FOR THE RETURN TRIP BY RAIL FROM A PLACE TO WHICH HE WAS AUTHORIZED TO TRAVEL BY AIR PURSUANT TO AN ORIGINAL ORDER STATING "NO EXPENSE TO THE GOVERNMENT WILL BE INCURRED BY REASON OF THIS AUTHORITY," A SUBSEQUENT ORDER PURPORTING TO AUTHORIZE THE MILEAGE FOR THE RETURN TRIP BEING WITHOUT FORCE AND EFFECT.

COMPTROLLER GENERAL MCCARL TO MAJOR E. C. MORTON, UNITED STATES ARMY, JANUARY 23, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 28, 1934, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF BENJAMIN D. FOULOIS, MAJOR GENERAL, CHIEF OF AIR CORPS, IN THE SUM OF $50.80 FOR MILEAGE BY REASON OF TRAVEL FROM WRIGHT FIELD, OHIO, TO WASHINGTON, D.C., COMMENCED NOVEMBER 13, 1934, AND COMPLETED NOVEMBER 14, 1934.

ATTACHED TO THE VOUCHER IS AN ORDER DATED NOVEMBER 9, 1934, AS FOLLOWS:

NOVEMBER 9, 1934. SUBJECT: DETACHED SERVICE. TO: MAJOR GENERAL BENJAMIN D. FOULOIS, CHIEF OF THE AIR CORPS,

WASHINGTON, D.C.

1. THE SECRETARY OF WAR AUTHORIZES YOU TO PROCEED, BY AIR, FROM WASHINGTON, D.C., TO WRIGHT FIELD, DAYTON, OHIO, ON OR ABOUT NOVEMBER 10, 1934, ON DETACHED SERVICE FOR THE PURPOSE OF CONFERENCE IN CONNECTION WITH AVIATION MATTERS, AND UPON COMPLETION TO RETURN, BY AIR, ON OR ABOUT NOVEMBER 12, 1934, TO YOUR PROPER STATION, WASHINGTON, D.C.

2. NO EXPENSE TO THE GOVERNMENT WILL BE INCURRED BY REASON OF THIS AUTHORITY.

JAMES MCKINLEY,

MAJOR GENERAL,

THE ADJUTANT GENERAL.

THERE IS ALSO ATTACHED TO THE VOUCHER A TELEGRAM OF NOVEMBER 13, 1934, DIRECTED TO MAJOR GENERAL FOULOIS AT WRIGHT FIELD, DAYTON, OHIO, AS FOLLOWS:

NOVEMBER 13, 1934. MAJOR GENERAL BENJAMIN D. FOULOIS,

CHIEF OF THE AIR CORPS,

WRIGHT FIELD, DAYTON, OHIO.

IN CONNECTION WITH TRAVEL TO WRIGHT FIELD, DAYTON, OHIO, SECRETARY WAR DIRECTS THAT YOU PROCEED BY AIR OR RAIL FROM WRIGHT FIELD, DAYTON, OHIO, TO WASHINGTON, D.C., ARRIVING THEREAT NOT LATER THAN NINE THIRTY A.M. NOVEMBER FOURTEEN, NINETEEN THIRTY-FOUR FOR PURPOSE OF RETURNING TO YOUR PROPER STATION. STOP. TRAVEL DIRECTED IS NECESSARY IN MILITARY SERVICE AND TRAVEL BY RAIL CHARGEABLE TO FD FOURTEEN NAUGHT TWO P ONE SEVENTY- SEVEN DASH NAUGHT SIX TWENTY A NAUGHT EIGHTY-FIVE DASH FIVE.

MCKINLEY.

THE DOUBT IN THE MATTER IS DUE TO THE FACT THAT THE ORIGINAL ORDER OF NOVEMBER 9, 1934, PLACING MAJOR GENERAL FOULOIS ON DETACHED SERVICE FOR THE PURPOSE OF CONFERENCE IN CONNECTION WITH AVIATION MATTERS AND AUTHORIZING HIM TO PROCEED FROM WASHINGTON TO WRIGHT FIELD, DAYTON, OHIO, SPECIFICALLY PROVIDED THAT "NO EXPENSE TO THE GOVERNMENT WILL BE INCURRED BY REASON OF THIS AUTHORITY," WHILE THE ORDER OF NOVEMBER 13, 1934, ADDRESSED TO MAJOR GENERAL FOULOIS WHILE STILL AT WRIGHT FIELD AND FOR THE SINGLE PURPOSE, AS STATED, OF RETURNING HIM TO HIS PROPER STATION, AUTHORIZED HIM TO RETURN TO HIS PROPER STATION (WASHINGTON) EITHER BY AIR OR RAILROAD AND, NOTWITHSTANDING THE CONDITION ON WHICH ISSUANCE OF THE ORIGINAL ORDER WAS PREDICATED, THAT THE TRIP WOULD BE WITHOUT EXPENSE TO THE GOVERNMENT, PROVIDED, IN EFFECT, THAT IF THE RETURN SHOULD BE BY RAILROAD THE COST (MILEAGE) WOULD BE TRANSFERRED TO THE UNITED STATES.

THE AUTHORITY--- THE PERMISSION--- OF THE ORIGINAL ORDER WAS TO GO AND RETURN BY AIR WITHOUT EXPENSE TO THE GOVERNMENT. A CHANGE IN THE METHOD OF TRANSPORTATION--- FROM AIR TO RAIL, OR VICE VERSA--- FURNISHES NO BASIS FOR SHIFTING THE BURDEN OF THE EXPENSE INVOLVED IN THE TRAVEL; SUCH EXPENSE HAVING BEEN A QUESTION SHOWN BY THE ORDER AS INITIALLY CONSIDERED AND ADMINISTRATIVELY DETERMINED NOT TO BE AT THE EXPENSE OF THE GOVERNMENT, AND THE ORDER SO CONDITIONED. THE CONCLUSION IS REQUIRED THAT SUCH TRAVEL AS THE ORDERS ORIGINALLY MAY HAVE PERMITTED WAS REQUIRED TO BE WITHOUT EXPENSE TO THE GOVERNMENT, AND UPON THE FACTS NOW APPEARING YOU ARE ADVISED THAT PAYMENT OF THE VOUCHER WHICH WILL BE RETAINED IN THE FILES OF THIS OFFICE MAY NOT BE MADE TO MAJOR GENERAL FOULOIS AS MILEAGE FROM DAYTON, OHIO, TO WASHINGTON, D.C., THAT IS, IN SUBSTANCE AS REIMBURSEMENT TO HIM OF EXPENSES INCURRED BY HIM IN RETURNING FROM A POINT TO WHICH HE WAS AUTHORIZED TO VISIT ONLY AT HIS OWN EXPENSE.