A-63149, JULY 27, 1935, 15 COMP. GEN. 84

A-63149: Jul 27, 1935

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IS VERY COMPLICATED. SO FAR AS THE PRACTICAL APPLICATION IS CONCERNED. IS DIFFICULT IN VIEW OF THE IMPRACTICABILITY OF PROPERLY DETERMINING WHAT GOVERNMENT TRANSPORTATION IS AVAILABLE AT THE TIME OF DISCHARGE OR EXTENSION OF ENLISTMENT. IN MANY CASES TRAVEL ALLOWANCE IS ACTUALLY PAID TO AN ENLISTED MAN ON THE BASIS OF A ROUTE SELECTED IN THE BELIEF THAT CERTAIN GOVERNMENT TRANSPORTATION IS AVAILABLE. CHANGES IN THE ITINERARY OF SUCH VESSELS SUBSEQUENTLY MADE HAVE RESULTED IN SUSPENSION AND DISALLOWANCE IN THE ACCOUNTS OF THE DISBURSING OFFICER. WHERE THE PAYMENT OF SUCH IS AUTHORIZED BY EXISTING LAW. IT IS DIRECTED THAT. WHERE LAND TRAVEL ONLY IS INVOLVED. WILL BE USED AS THE BASIS FOR COMPUTING TRAVEL ALLOWANCE.

A-63149, JULY 27, 1935, 15 COMP. GEN. 84

TRAVEL ALLOWANCE - NAVY UNDER AUTHORITY VESTED IN THE SECRETARY OF THE NAVY BY THE ACT OF MARCH 3, 1909, 35 STAT. 774, TO DETERMINE DISTANCES AND WHAT CONSTITUTES THE SHORTEST USUALLY TRAVELED ROUTE IN RELATION TO TRAVEL ALLOWANCE AUTHORIZED FOR ENLISTED MEN OF THE NAVY AND MARINE CORPS BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, THE SECRETARY OF THE NAVY MAY MAKE REGULATIONS FOR THE COMPUTATION OF TRAVEL ALLOWANCE IN THE UNITED STATES BY PRESCRIBING OFFICIAL PORTS OF ENTRY FOR DISCHARGES ACCOMPLISHED IN PRESCRIBED ZONES OR AREAS AND FIXING THE ROUTE VIA THAT PORT OF ENTRY SO PRESCRIBED WHICH PRODUCES THE LEAST AMOUNT OF LAND TRAVEL.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 27, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 21, 1935, AS FOLLOWS:

THE COMPUTATION OF TRAVEL ALLOWANCE OF ENLISTED MEN ON DISCHARGE AND EXTENSION OF ENLISTMENT AND THE PROCEDURE FOR THE DETERMINATION OF DISTANCES AND WHAT CONSTITUTES THE SHORTEST USUALLY TRAVELED ROUTE UNDER THE INSTRUCTIONS CONTAINED IN THE LETTER OF THE SECRETARY OF THE NAVY OF DECEMBER 8, 1923, QUOTED UNDER SECTION 12, ARTICLE 3-44, U.S. NAVY TRAVEL INSTRUCTIONS, IS VERY COMPLICATED. THE USE OF AVAILABLE GOVERNMENT TRANSPORTATION IN THE COMPUTATION OF TRAVEL ALLOWANCE, SO FAR AS THE PRACTICAL APPLICATION IS CONCERNED, IS DIFFICULT IN VIEW OF THE IMPRACTICABILITY OF PROPERLY DETERMINING WHAT GOVERNMENT TRANSPORTATION IS AVAILABLE AT THE TIME OF DISCHARGE OR EXTENSION OF ENLISTMENT. IN MANY CASES TRAVEL ALLOWANCE IS ACTUALLY PAID TO AN ENLISTED MAN ON THE BASIS OF A ROUTE SELECTED IN THE BELIEF THAT CERTAIN GOVERNMENT TRANSPORTATION IS AVAILABLE, BUT CHANGES IN THE ITINERARY OF SUCH VESSELS SUBSEQUENTLY MADE HAVE RESULTED IN SUSPENSION AND DISALLOWANCE IN THE ACCOUNTS OF THE DISBURSING OFFICER. FURTHERMORE, IT HAS BEEN OBSERVED THAT IN NUMEROUS INSTANCES DISBURSING OFFICERS APPEAR RELUCTANT TO CREDIT TRAVEL ALLOWANCE TO ENLISTED MEN ON DISCHARGE AND EXTENSION OF ENLISTMENT MAINLY BECAUSE PREVIOUS PAYMENTS OF A LIKE NATURE RESULTED IN DISALLOWANCES BY THE GENERAL ACCOUNTING OFFICE.

FOR REASONS STATED ABOVE THE NAVY DEPARTMENT BELIEVES THAT THE ENTIRE SYSTEM OF "DETERMINING THE SHORTEST USUALLY TRAVELED ROUTE" SHOULD BE MODIFIED TO SUCH AN EXTENT AS TO ELIMINATE ENTIRELY ANY QUESTION OF THE AVAILABILITY OF GOVERNMENT TRANSPORTATION. ACCORDINGLY, IN ORDER TO EFFECTUATE THIS PURPOSE, THE NAVY DEPARTMENT CONTEMPLATES MODIFICATION OF THE PRESENT INSTRUCTIONS, AS OUTLINED IN ARTICLE 3-44, U.S. NAVY TRAVEL INSTRUCTIONS, BY FIXING PORTS OF ENTRY ON THE EAST AND WEST COASTS OF THE UNITED STATES. THE PROPOSED INSTRUCTIONS READ AS FOLLOWS: SUBJECT: COMPUTATION OF TRAVEL ALLOWANCE OF ENLISTED MEN ON DISCHARGE

AND EXTENSION OF ENLISTMENT. "REFERENCE: (A) ACT OF SEPTEMBER 22, 1922 (42 STAT. 1021; 34 U.S.C.,

SECTION 895).

(B) ACT OF MARCH 3, 1909 (35 STAT. 774; 34 U.S.C.,

SECTION 894).

"1. REFERENCE (B) PRESCRIBES THAT "HEREAFTER THE SETTLEMENT OF ALL TRAVELING EXPENSE CLAIMS, WHERE THE PAYMENT OF SUCH IS AUTHORIZED BY EXISTING LAW, AND THE DETERMINATION OF DISTANCES AND OF WHAT CONSTITUTES THE SHORTEST USUALLY TRAVELED ROUTE IN THE MEANING OF LAWS RELATING TO TRAVEL ALLOWANCES SHALL ACCORD TO SUCH RULES AS THE SECRETARY OF THE NAVY MAY PRESCRIBE.'

"2. UNDER THIS AUTHORITY, IT IS DIRECTED THAT, EFFECTIVE * * * 1935, THE FOLLOWING PROCEDURE FOR THE DETERMINATION OF DISTANCES AND OF WHAT CONSTITUTES THE SHORTEST USUALLY TRAVELED ROUTE WITHIN THE MEANING OF REFERENCE (A) SHALL GOVERN IN COMPUTING TRAVEL ALLOWANCE ON DISCHARGE IN THE CASES OF ENLISTED MEN OF THE NAVY AND MARINE CORPS.

"3. WHERE LAND TRAVEL ONLY IS INVOLVED, THE DISTANCE FROM THE PLACE OF DISCHARGE TO PLACE OF ACCEPTANCE FOR ENLISTMENT, AS FIXED IN THE OFFICIAL MILEAGE TABLES, UNITED STATES ARMY, AND AMENDMENTS THERETO, IN USE AT THE TIME OF PAYMENT, WILL BE USED AS THE BASIS FOR COMPUTING TRAVEL ALLOWANCE. IF NOT OBTAINABLE IN THIS MANNER DISTANCE BETWEEN THE POINTS OF TRAVEL WILL BE COMPUTED BY COMBINING THE DISTANCE PUBLISHED IN THE OFFICIAL RAILWAY GUIDE FROM SUCH INTERMEDIATE POINT TO DESTINATION, THROUGH DISTANCE NOT TO EXCEED DISTANCE PUBLISHED IN OFFICIAL MILEAGE TABLE TO A POINT BEYOND.

"4. WHERE SEA TRAVEL OR LAND AND SEA TRAVEL COMBINED IS INVOLVED, THE AMOUNT OF TRAVEL ALLOWANCE PAYABLE WILL BE DETERMINED BY USING THE LAND DISTANCE BETWEEN THE PLACE OF DISCHARGE AND PORTS OF ENTRY AND/OR DEPARTURE AND FROM SUCH PORT TO PLACE OF ACCEPTANCE FOR ENLISTMENT, AS FOLLOWS:

"/A) FOR DISCHARGES ACCOMPLISHED ON THE ASIATIC STATION, INCLUDING HAWAII, GUAM, AND SAMOA, THE PORTS OF SEATTLE, WASHINGTON, SAN FRANCISCO, CALIFORNIA, AND WILMINGTON, CALIFORNIA, ARE HEREBY ESTABLISHED AS OFFICIAL PORTS OF ENTRY IN THE UNITED STATES, THE PORT OF ENTRY USED BEING THAT WHICH PRODUCES THE LEAST AMOUNT OF LAND TRAVEL.

"/B) FOR DISCHARGES ACCOMPLISHED IN EUROPE, THE PORT OF NEW YORK, N.Y., IS HEREBY ESTABLISHED AS THE OFFICIAL PORT OF ENTRY IN THE UNITED STATES.

"/C) FOR DISCHARGES ACCOMPLISHED IN SOUTH OR CENTRAL AMERICA AND THE CANAL ZONE, THE PORTS OF WILMINGTON, CALIFORNIA; SAN FRANCISCO, CALIFORNIA; SEATTLE, WASHINGTON; NEW YORK, N.Y.; AND NEW ORLEANS, LOUISIANA, ARE HEREBY ESTABLISHED THE OFFICIAL PORTS OF ENTRY IN THE UNITED STATES, THE PORT OF ENTRY USED BEING THAT WHICH PRODUCES THE LEAST AMOUNT OF LAND TRAVEL.

"/D) FOR DISCHARGES ACCOMPLISHED IN THE WEST INDIES, EXCEPT CUBA, THE PORTS OF NEW YORK, N.Y., AND NEW ORLEANS, LOUISIANA, ARE HEREBY ESTABLISHED AS THE OFFICIAL PORTS OF ENTRY IN THE UNITED STATES, THE PORT OF ENTRY USED BEING THAT WHICH PRODUCES THE LEAST AMOUNT OF LAND TRAVEL.

"/E) FOR DISCHARGES ACCOMPLISHED IN CUBA, THE PORTS OF NEW YORK, NEW YORK; NEW ORLEANS, LOUISIANA; KEY WEST, FLORIDA; AND PORT TAMPA, FLORIDA, ARE HEREBY ESTABLISHED AS THE OFFICIAL PORTS OF ENTRY IN THE UNITED STATES, THE PORT OF ENTRY USED BEING THAT WHICH PRODUCES THE LEAST AMOUNT OF LAND TRAVEL. HAVANA, CUBA, WILL BE CONSIDERED AS THE PORT OF ENTRY OR DEPARTURE.

"/F) WHERE DISCHARGES ARE ACCOMPLISHED IN A FOREIGN COUNTRY, IN ADDITION TO THE TRAVEL ALLOWANCE WHICH MAY BE PAYABLE UNDER (A), (B), (C), (D), AND (E), THE ENLISTED MAN IS ENTITLED TO TRAVEL ALLOWANCE FOR THE LAND TRAVEL INVOLVED FROM PLACE OF DISCHARGE IN THE FOREIGN COUNTRY TO THE NEAREST PORT OF DEPARTURE OF COMMERCIAL TRANSPORTATION FOR THE ESTABLISHED PORT OF ENTRY IN THE UNITED STATES. HOWEVER, WHERE THE PLACE OF DISCHARGE IN A FOREIGN COUNTRY IS NOT INLAND, AND THE USUAL MODE OF TRAVEL FROM SUCH PLACE OF DISCHARGE TO PORT OF DEPARTURE FROM THE FOREIGN COUNTRY, AS INDICATED IN THE OFFICIAL MILEAGE TABLES, IS BY WATER, NO TRAVEL ALLOWANCE WILL BE CREDITED FOR THIS PORTION OF THE TRAVEL INVOLVED.

"/G) WHERE DISCHARGES ARE ACCOMPLISHED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, AND THE PLACE OF ACCEPTANCE FOR ENLISTMENT IS ALSO OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, IF LAND TRAVEL IN THE UNITED STATES IS PRACTICABLE BETWEEN PLACE OF DISCHARGE AND PLACE OF ACCEPTANCE FOR ENLISTMENT, TRAVEL ALLOWANCE WILL BE COMPUTED ON THE BASIS OF THE APPROPRIATE PORTS OF ENTRY AND DEPARTURE IN THE UNITED STATES.

"/H) IN THE CASES OF ENLISTED MEN WHO WERE ACCEPTED FOR ENLISTMENT IN A FOREIGN COUNTRY AND WHOSE DISCHARGES ARE ACCOMPLISHED IN THE UNITED STATES, THE PORTS OF ENTRY IN THE UNITED STATES ESTABLISHED IN (A), (B), (C), (D), (E), AND (F) WILL BE CONSIDERED THE PORTS OF DEPARTURE FOR THE FOREIGN COUNTRY, TRAVEL ALLOWANCE BEING COMPUTED FROM THE PLACE OF DISCHARGE TO THE APPROPRIATE PORT OF DEPARTURE FROM THE UNITED STATES AND FROM THE FOREIGN PORT NEAREST THE PLACE OF ACCEPTANCE FOR ENLISTMENT (TO WHICH COMMERCIAL SAILINGS ARE AVAILABLE FROM THE PORT OF DEPARTURE IN THE UNITED STATES) TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT. WHERE THE PLACE OF ACCEPTANCE FOR ENLISTMENT IN A FOREIGN COUNTRY IS NOT INLAND, AND THE USUAL MODE OF TRAVEL FROM THE PORT OF ENTRY IN THE FOREIGN COUNTRY TO SUCH PLACE OF ACCEPTANCE FOR ENLISTMENT, AS INDICATED IN THE OFFICIAL MILEAGE TABLES, IS BY WATER, NO TRAVEL ALLOWANCE WILL BE CREDITED FOR THIS PORTION OF THE TRAVEL INVOLVED.

"/I) IN ALL CASES TRAVEL WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES, BETWEEN THE UNITED STATES AND ALASKA, IN THE PHILIPPINE ARCHIPELAGO AND IN THE HAWAIIAN ARCHIPELAGO, WILL BE CONSIDERED LAND TRAVEL.'

THE PROCEDURE ABOVE OUTLINED COVERING THE COMPUTATION OF TRAVEL ALLOWANCE OF ENLISTED MEN ON DISCHARGE, WILL APPLY EQUALLY TO THE COMPUTATION OF TRAVEL ALLOWANCES ON EXTENSION OF ENLISTMENT.

IT IS PROPOSED TO MAKE THE FOREGOING INSTRUCTIONS EFFECTIVE ON SUCH DATE SUFFICIENTLY IN ADVANCE TO PERMIT THEIR RECEIPT PRIOR THERETO BY ALL NAVAL ACTIVITIES.

THE PROPOSED INSTRUCTIONS MEET WITH MY APPROVAL. HOWEVER, BEFORE PUTTING THESE INSTRUCTIONS INTO EFFECT, I WOULD BE PLEASED TO RECEIVE ANY COMMENTS THEREON WHICH YOU MAY DESIRE TO MAKE.

THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, AMENDED SECTION 126 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 217 (AS AMENDED) TO READ (IN PART) AS FOLLOWS:

HEREAFTER AN ENLISTED MAN DISCHARGED FROM THE ARMY, NAVY, OR MARINE CORPS, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, SHALL RECEIVE 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF HIS DISCHARGE TO THE PLACE OF HIS ACCEPTANCE FOR ENLISTMENT ENROLLMENT, OR MUSTER INTO THE SERVICE: PROVIDED, THAT FOR SEA TRAVEL INVOLVED IN TRAVEL BETWEEN PLACE OF DISCHARGE AND PLACE OF ACCEPTANCE FOR ENROLLMENT, ENLISTMENT, OR MUSTER INTO THE SERVICE ONLY TRANSPORTATION IN KIND AND SUBSISTENCE EN ROUTE SHALL BE ALLOWED. * * *

UNDER EXISTING NAVY REGULATIONS, WHERE THE DISCHARGE OR EXTENSION OF ENLISTMENT TAKES PLACE IN A FOREIGN PORT, THE "SHORTEST USUALLY TRAVELED ROUTE" FOR COMPUTING TRAVEL ALLOWANCE IS THAT ROUTE OVER WHICH THE TOTAL COST TO THE GOVERNMENT, CONSIDERING AVAILABLE TRANSPORTATION ON GOVERNMENT VESSELS (TRANSPORT OR SERVICE) IS THE LEAST. A-4911, OCTOBER 21, 1924. THE PROPOSED CHANGE PRESCRIBED CERTAIN PORTS OF ENTRY FOR DISCHARGES ACCOMPLISHED IN PRESCRIBED ZONES OR AREAS AND ASSUMES THAT TRANSPORTATION IS AVAILABLE TO ANY OF THE PORTS SO PRESCRIBED FOR DISCHARGES ACCOMPLISHED IN A PARTICULAR ZONE OR AREA. IN EFFECT THE PROPOSED RULE BASES THE COMPUTATION NOT ON THE LEAST COST TO THE GOVERNMENT FOR ACTUAL TRAVEL BUT ON THE SHORTEST DISTANCE BETWEEN THE PLACES OF ENLISTMENT AND THE NEAREST PORT OF ENTRY SO PRESCRIBED. ALTHOUGH THIS METHOD OF COMPUTATION IS ARBITRARY AS COMPARED WITH A COMPUTATION BASED ON FACTS AS TO ACTUAL AVAILABLE GOVERNMENT TRANSPORTATION AT THE TIME, IT IS PROBABLE THAT WHERE A SUFFICIENT NUMBER OF PORTS ARE DESIGNATED TO COVER THE PRINCIPAL USUALLY TRAVELED ROUTES BETWEEN THE POINTS INVOLVED, THE RESULT WILL NOT VARY IN ANY CONSIDERABLE AMOUNT FROM COMPUTATIONS BASED ON THE EXISTING RULE AND WILL SIMPLIFY THE COMPUTATION.

HOWEVER, THE LAW HAS EXCLUDED THE PAYMENT OF TRAVEL ALLOWANCE FOR "SEA TRAVEL INVOLVED IN TRAVEL BETWEEN PLACE OF DISCHARGE AND PLACE OF ACCEPTANCE FOR ENROLLMENT, ENLISTMENT, OR MUSTER INTO THE SERVICE" AND THE FIXING OF ROUTES TO INCLUDE LAND TRAVEL, OR A GREATER AMOUNT OF LAND TRAVEL, WHEN THE USUALLY TRAVELED ROUTE IS ENTIRELY BY WATER OR FOR A GREATER DISTANCE BY WATER, IS NOT AUTHORIZED UNDER THE AUTHORITY TO ESTABLISH RULES FOR THE DETERMINATION OF THE SHORTEST USUALLY TRAVELED ROUTE. PARAGRAPH 4 (F) PROPOSES TO AUTHORIZE THE INCLUSION OF LAND TRAVEL IN FOREIGN COUNTRIES "TO THE NEAREST PORT OF DEPARTURE OF COMMERCIAL TRANSPORTATION FOR THE ESTABLISHED PORT OF ENTRY IN THE UNITED STATES," THUS ELIMINATING TRANSSHIPMENT AT INTERMEDIATE PORTS, WHICH IS THE USUAL METHOD OF TRAVEL FROM AND TO MANY COUNTRIES, INSTEAD OF TRAVEL BY LAND TO A PORT FROM WHICH COMMERCIAL VESSELS SAIL DIRECTLY FOR THE NEAREST PORT OF ENTRY IN THE UNITED STATES. WHILE THIS SITUATION IS IN PART PROVIDED FOR "WHERE THE PLACE OF DISCHARGE IN A FOREIGN COUNTRY IS NOT INLAND, AND THE USUAL MODE OF TRAVEL FROM SUCH PLACE OF DISCHARGE TO PORT OF DEPARTURE FROM THE FOREIGN COUNTRY IS INDICATED IN THE OFFICIAL MILEAGE TABLES AS BY WATER," THE PARAGRAPH LEAVES THE MATTER IN DOUBT WHERE DISCHARGE IS INLAND OR WHERE THE OFFICIAL MILEAGE TABLES ARE SILENT. IF PROMULGATED, THIS PARAGRAPH NECESSARILY WILL BE INTERPRETED IN THE SETTLEMENT OF ACCOUNTS AND CLAIMS AS PURPORTING TO AUTHORIZE ONLY WHAT THE TRAVEL ALLOWANCE LAW OF 1922 AUTHORIZES; THAT IS, ACTUAL AND NOT HYPOTHETICAL NECESSARY LAND TRAVEL TO REACH THE PORT OF DEPARTURE. THE SAME OBJECTION APPLIES TO PARAGRAPH 4 (H) IN PART.

SO, ALSO, PARAGRAPH 4 (G) PROPOSES TO AUTHORIZE LAND TRAVEL IN THE UNITED STATES WHERE ,PRACTICABLE" WHEN THE DISCHARGE AND PLACE OF ACCEPTANCE FOR ENLISTMENT ARE BOTH OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. TO ILLUSTRATE AN APPARENT APPLICATION OF THIS PARAGRAPH WOULD BE A DISCHARGE AT GUANTANAMO BAY, CUBA, WHERE AN ENLISTMENT WAS ON THE ASIATIC STATION AND THE PARAGRAPH WOULD SEEM TO BE DESIGNED TO AUTHORIZE TRAVEL ALLOWANCE TO HAVANA, WATER TRAVEL TO NEW ORLEANS, AND LAND TRAVEL TO WILMINGTON, CALIF. THE ACT OF SEPTEMBER 22, 1922, SPECIFICALLY NEGATIVES PAYMENT OF TRAVEL ALLOWANCE FOR "SEA TRAVEL INVOLVED" BETWEEN PLACE OF DISCHARGE AND PLACE OF ACCEPTANCE FOR ENLISTMENT, AND WHERE NO LAND TRAVEL IS NECESSARY, IF THE USUAL MODE OF TRAVEL IS BY SEA BETWEEN THE POINTS INVOLVED, EVEN THOUGH IT MAY BE "PRACTICABLE," THERE IS NO AUTHORITY TO PAY TRAVEL ALLOWANCE FOR SUCH "PRACTICABLE" TRAVEL IN THE UNITED STATES. THE SAME WOULD APPLY TO A DISCHARGE IN EUROPE WHERE ACCEPTANCE FOR ENLISTMENT WAS ON THE ASIATIC STATION OR VICE VERSA UNDER PARAGRAPHS 4 (A) AND (B), AND ALSO TO DISCHARGES IN THE WEST INDIES WHERE ACCEPTANCE FOR ENLISTMENT WAS ON THE ASIATIC STATION UNDER PARAGRAPH 4 (D). IN THE SETTLEMENT OF ACCOUNTS AND CLAIMS WHERE THE DISCHARGE OR EXTENSION OF ENLISTMENT WAS IN A FOREIGN COUNTRY AND THE PLACE OF ACCEPTANCE FOR ENLISTMENT WAS ALSO IN A FOREIGN COUNTRY, THIS OFFICE, UNDER THE LAW, MAY ALLOW ONLY THE TRAVEL ALLOWANCE WHICH IS PAYABLE OVER THE ROUTE OPEN, AVAILABLE, AND USUALLY TRAVELED BETWEEN THE PLACE OF DISCHARGE OR EXTENSION OF ENLISTMENT AND THE PLACE OF ACCEPTANCE FOR ENLISTMENT AND MAY NOT ALLOW FOR LAND TRAVEL IN THE UNITED STATES MERELY BECAUSE SUCH TRAVEL IS "PRACTICABLE.'

PARAGRAPH 4 (I) APPLIES TO THE NAVY THE PROVISIONS OF THE ARMY ACT OF JUNE 12, 1906, 34 STAT. 247, THAT:

* * * FOR THE PURPOSE OF DETERMINING ALLOWANCES FOR ALL TRAVEL UNDER ORDERS, OR FOR THE OFFICERS AND ENLISTED MEN ON DISCHARGE, TRAVEL IN THE PHILIPPINE ARCHIPELAGO, THE HAWAIIAN ARCHIPELAGO, THE HOME WATERS OF THE UNITED STATES, AND BETWEEN THE UNITED STATES AND ALASKA SHALL NOT BE REGARDED AS SEA TRAVEL AND SHALL NOT BE PAID FOR AT THE RATES ESTABLISHED BY LAW FOR LAND TRAVEL WITHIN THE BOUNDARIES OF THE UNITED STATES.

WHILE THE STATUTE OF ITS OWN FORCE DOES NOT APPLY TO THE NAVY, THE PROVISION DOES APPLY TO ENLISTED MEN OF THE ARMY AND MARINE CORPS, AND AS THE ACT OF SEPTEMBER 22, 1922, CONTEMPLATES THE SAME TRAVEL ALLOWANCE FOR MEN OF EACH OF THE SERVICES NAMED THEREIN, IT MAY BE PROPERLY CONSIDERED THAT THE RULE OF COMPUTATION SET UP IN THE ACT OF 1906 APPLIES TO ALL TRAVEL ALLOWANCE AUTHORIZED BY SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED SEPTEMBER 22, 1922.

SHOULD THE REGULATIONS BE PROMULGATED, AND WITH THE EXCEPTIONS NOTED ABOVE, THIS OFFICE WILL APPLY THE REGULATIONS IN THE SETTLEMENT OF ACCOUNTS AND CLAIMS WITH THE UNDERSTANDING, HOWEVER, THAT THE LEGAL EFFECTS OF THE REGULATIONS MUST BE FOR DETERMINATION BY THIS OFFICE IN SPECIFIC CASES THAT MAY ARISE BRINGING THEM INTO QUESTION, AND THAT THE REGULATIONS MUST THEREAFTER BE SUBJECT TO SUCH INTERPRETATION AS MAY THEN BE MADE.