A-6047, DECEMBER 2, 1924, 4 COMP. GEN. 507

A-6047: Dec 2, 1924

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WHEREIN $28.72 MILEAGE WAS ALLOWED INSTEAD OF $39.77 CLAIMED AS REIMBURSEMENT OF EXPENSES INCURRED IN TRAVELING UNDER ORDERS OF MARCH 22. THE SECRETARY OF THE NAVY HAVING DETERMINED THAT REPEATED TRAVEL BETWEEN THE BELOW-MENTIONED POINTS IS APPROPRIATE. YOU ARE HEREBY AUTHORIZED TO PERFORM SUCH TRAVEL. WILL TERMINATE 30 JUNE. 1924. 3. * * * YOU WILL BE ENTITLED TO REIMBURSEMENT FOR EXPENSES. FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES. ARE HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY.

A-6047, DECEMBER 2, 1924, 4 COMP. GEN. 507

TRAVELING EXPENSES, REPEATED TRAVEL - NAVAL OFFICERS UNREPEATED TRIPS BY AN OFFICER OF THE NAVY TO SEPARATE DESTINATIONS, THE RETURN JOURNEYS BEING PERFORMED PARTLY OVER THE SAME ROUTES, DO NOT CONSTITUTE ANY PORTION OF THE JOURNEYS "REPEATED TRAVEL" WITHIN THE MEANING OF SECTION 12 OF THE ACT OF JUNE 1922, 42 STAT. 631, AND ONLY ENTITLE THE OFFICER TO MILEAGE FOR THE TRAVEL ACTUALLY PERFORMED.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 2, 1924:

LIEUT. JOSEPH H. CURRIER, UNITED STATES NAVY, APPLIED OCTOBER 24, 1924, FOR REVIEW OF SETTLEMENT NO. O46912-N, DATED SEPTEMBER 26, 1924, WHEREIN $28.72 MILEAGE WAS ALLOWED INSTEAD OF $39.77 CLAIMED AS REIMBURSEMENT OF EXPENSES INCURRED IN TRAVELING UNDER ORDERS OF MARCH 22, 1924.

THE ORDERS OF MARCH 22, 1924, READ IN PART AS FOLLOWS:

1. THE SECRETARY OF THE NAVY HAVING DETERMINED THAT REPEATED TRAVEL BETWEEN THE BELOW-MENTIONED POINTS IS APPROPRIATE, YOU ARE HEREBY AUTHORIZED TO PERFORM SUCH TRAVEL, FROM TIME TO TIME, AS MAY BE NECESSARY FOR THE PURPOSE INDICATED BELOW, THIS BEING IN ADDITION TO YOUR PRESENT DUTIES:

BETWEEN PHILADELPHIA, PA., AND WASHINGTON, D.C., AND SUCH POINTS WITHIN THE FOURTH NAVAL DISTRICT AS MAY BE NECESSARY TO VISIT IN CONNECTION WITH YOUR DUTIES.

THIS AUTHORITY FOR REPEATED TRAVEL SUPERSEDES YOUR ORDERS OF 8 JANUARY, 1924, AND WILL TERMINATE 30 JUNE, 1924.

3. * * * YOU WILL BE ENTITLED TO REIMBURSEMENT FOR EXPENSES, OTHER THAN THE ACTUAL COST OF TRAVEL, INCURRED IN THE EXECUTION OF THESE ORDERS, AT A RATE NOT EXCEEDING $7 PER DAY, AS SPECIFIED IN THE ACT OF 10 JUNE, 1922.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDES IN PART:

THAT OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE, DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE AND EXISTING LAWS PROVIDING FOR THE ISSUE OF TRANSPORTATION REQUESTS TO OFFICERS OF THE ARMY TRAVELING UNDER COMPETENT ORDERS, AND FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES, ARE HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, BUT IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AS DETERMINED BY THE HEAD OF THE EXECUTIVE DEPARTMENT CONCERNED, HE MAY, IN HIS DISCRETION, DIRECT THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED. * * * UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, NO OFFICER OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY AWAY FROM HIS DESIGNATED POST OF DUTY, NOR ANY SUM FOR SUCH EXPENSES ACTUALLY INCURRED IN EXCESS OF $7 PER DAY. * * *

THE TRAVEL IN QUESTION FOR THE EXPENSES OF WHICH REIMBURSEMENT IS CLAIMED WAS MADE FROM JUNE 23 TO 26, 1924, FROM PHILADELPHIA, PA., TO OCEAN CITY, MD., THENCE TO BETHANY BEACH AND LEWES, DEL., AND RETURN TO PHILADELPHIA. IT APPEARS THAT UNDER THE ORIGINAL ORDERS OF JANUARY 8, 1924, OF WHICH THE ORDERS OF MARCH 22, 1924, WERE BUT AN EXTENSION, TRAVEL HAD PREVIOUSLY BEEN MADE FROM FEBRUARY 18 TO 20, 1924, FROM PHILADELPHIA TO BETHANY BEACH AND LEWES AND RETURN.

THE PHRASEOLOGY OF THAT PART OF SECTION 12 OF THE ACT OF JUNE 10, 1922, AS TO "TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES" IS SIMILAR TO THAT USED IN THE ACT OF JULY 1, 1902, 32 STAT. 663. TO BE ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES, IN LIEU OF MILEAGE, UNDER THE 1902 ACT, IT WAS REPEATEDLY HELD THAT MORE THAN ONE JOURNEY OR ROUND TRIP BETWEEN THE SAME PLACES WAS NECESSARY TO CONSTITUTE TRAVEL "PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES.' WILLETS V. UNITED STATES, 38 CT.CLS. 534; 9 COMP. DEC. 353; 12 ID. 718; 13 ID. 391; 14 ID. 897; 23 ID. 368; 88 MS. COMP. DEC. 1418, MARCH 26, 1919. THIS RULE IS APPLICABLE TO THE 1922 ACT, 2 COMP. GEN. 72; ID. 673.

FROM THE FACTS PRESENTED IT APPEARS THAT LIEUTENANT CURRIER HAS SO FAR MADE BUT ONE ROUND TRIP BETWEEN PHILADELPHIA AND LEWES OR BETHANY BEACH. WHILE THESE TWO LATTER PLACES WERE A SECOND TIME VISITED THEY WERE SO VISITED INCIDENT TO RETURNING FROM OCEAN CITY, TO WHICH PLACE LIEUTENANT CURRIER HAD GONE FROM PHILADELPHIA FOR THE PERFORMANCE OF DUTY AND WHICH HAD BEEN VISITED BUT ONCE UNDER THE ORDERS HERE IN QUESTION. HE IS ENTITLED TO MILEAGE FOR THE JOURNEY TO OCEAN CITY AND RETURN UNLESS AND UNTIL THE TRAVEL THERETO IS REPEATED UNDER THESE ORDERS, AND ON A CONTINUOUS JOURNEY THERE CAN NOT BE MILEAGE FOR A PART AND ACTUAL EXPENSES, AS FOR REPEATED TRAVEL, FOR THE REMAINDER OF A JOURNEY.

THE SETTLEMENT ALLOWING MILEAGE FOR THE TRAVEL PERFORMED BETWEEN JUNE 23 AND 26, 1924, IS SUSTAINED, WITHOUT PREJUDICE TO CLAIMANT'S RIGHT TO BE PAID THE DIFFERENCE BETWEEN ACTUAL EXPENSES AND MILEAGE UPON A SHOWING THAT A SECOND TRIP HAS BEEN MADE FROM AND A RETURN TO PHILADELPHIA, VIA THE PLACES VISITED DURING THE JUNE 23 TO 26 TRIP.