A-65257, DECEMBER 18, 1935, 15 COMP. GEN. 531

A-65257: Dec 18, 1935

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IS NOT AFFECTED BY THE GENERAL RULE APPLICABLE TO TRAVEL OTHER THAN BY AIR DENYING PAYMENTS OF A PER DIEM IN LIEU OF SUBSISTENCE FOR ABSENCE FROM HEADQUARTERS BETWEEN THE HOURS OF 8:00 A.M. BY REFERENCE (B) THERE WERE NOTED AS OVERPAYMENTS PER DIEM ALLOWANCES PAID TO CERTAIN OFFICERS AND ENLISTED MEN WHO HAD PERFORMED TRAVEL BY AIR. REFERENCE WAS MADE TO ART. 2-12 (2) (A). WHICH REFERENCE PROHIBITS "REIMBURSEMENT FOR SUBSISTENCE WHEN THE TRAVELER IS ONLY TEMPORARILY ABSENT ON SHORT TRIPS INTO THE TERRITORY ADJACENT TO HIS OFFICIAL STATION BETWEEN THE HOURS OF 8 A.M. WAS PRESCRIBED TO GOVERN TRAVEL ON LAND AND WATER. 2. NO SUCH PROHIBITION OCCURS IN REFERENCE (A) AND IT IS SUBMITTED THAT OFFICERS AND ENLISTED MEN WHO ARE ORDERED TO PERFORM TRAVEL BY AIR.

A-65257, DECEMBER 18, 1935, 15 COMP. GEN. 531

PER DIEM ALLOWANCE - TRAVEL BY AIR - ABSENCE FROM STATION OF LESS THAN A DAY THE RIGHT TO PER DIEM ALLOWANCE OF AN OFFICER OF THE MARINE CORPS ABSENT FROM STATION LESS THAN A DAY UNDER ORDERS AUTHORIZING A PER DIEM IN LIEU OF ACTUAL EXPENSES FOR TRAVEL BY AIR UNDER THE ACT OF MARCH 2, 1931, 46 STAT. 1461, IS NOT AFFECTED BY THE GENERAL RULE APPLICABLE TO TRAVEL OTHER THAN BY AIR DENYING PAYMENTS OF A PER DIEM IN LIEU OF SUBSISTENCE FOR ABSENCE FROM HEADQUARTERS BETWEEN THE HOURS OF 8:00 A.M. AND 6:00 P.M.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, DECEMBER 18, 1935:

BY YOUR DIRECTION IN THIRD ENDORSEMENT, SEPTEMBER 5, 1935, THERE HAS BEEN RECEIVED LETTER FROM THE POST PAYMASTER, MARINE BARRACKS, QUANTICO, VA., REQUESTING DECISION AS TO PER-DIEM ALLOWANCES PAYABLE TO MAJ. W. T. EVANS, U.S.M.C., UNDER ORDERS OF AUGUST 16, 1935, AS FOLLOWS:

AUGUST 28, 1935. FROM: THE POST PAYMASTER. O: THE PAYMASTER. SUBJECT: PER DIEM ALLOWANCE FOR TRAVEL BY AIR, IN THE CASE OF MAJOR

W. T. EVANS, U.S. MARINE CORPS. REFERENCES: (A) SECTION 5 OF CHAPTER 2, U.S. NAVY TRAVEL INSTRUCTIONS.

(B) ITEMS 18 TO 35, INCLUSIVE, A/A LT. COL. T. D. BARBER,

A.P.M., U.S.M.C., FOR APRIL 1935. ENCLOSURES: (3).

1. BY REFERENCE (B) THERE WERE NOTED AS OVERPAYMENTS PER DIEM ALLOWANCES PAID TO CERTAIN OFFICERS AND ENLISTED MEN WHO HAD PERFORMED TRAVEL BY AIR, AND REFERENCE WAS MADE TO ART. 2-12 (2) (A), AND (3), U.S. NAVY TRAVEL INSTRUCTIONS, WHICH REFERENCE PROHIBITS "REIMBURSEMENT FOR SUBSISTENCE WHEN THE TRAVELER IS ONLY TEMPORARILY ABSENT ON SHORT TRIPS INTO THE TERRITORY ADJACENT TO HIS OFFICIAL STATION BETWEEN THE HOURS OF 8 A.M. AND 6 P.M.' AND WAS PRESCRIBED TO GOVERN TRAVEL ON LAND AND WATER.

2. NO SUCH PROHIBITION OCCURS IN REFERENCE (A) AND IT IS SUBMITTED THAT OFFICERS AND ENLISTED MEN WHO ARE ORDERED TO PERFORM TRAVEL BY AIR, AND ARE AUTHORIZED ACTUAL EXPENSES OR A PER DIEM ALLOWANCE, ARE ENTITLED TO SAME WITHOUT REGARD TO THE HOURS THE TRAVEL WAS PERFORMED.

3. THE SUBJECT-NAMED OFFICER HAS SUBMITTED TO THIS OFFICE FOR PAYMENT TRAVEL-EXPENSE VOUCHER COVERING TRAVEL PERFORMED BY AIR FROM QUANTICO, VA., TO ANACOSTIA, D.C., TO SYRACUSE, N.Y., TO QUANTICO, VA., BETWEEN THE HOURS OF 0820 TO 1345 AUGUST 17, 1935, AND FOR WHICH HE WAS AUTHORIZED REIMBURSEMENT AT THE RATE OF $6.00 PER DIEM. THIS VOUCHER IS FORWARDED, TOGETHER WITH ORIGINAL ORDERS AND TWO CERTIFIED COPIES THEREOF, WITH REQUEST, THAT, IF DEEMED PROPER, IT BE PRESENTED TO THE COMPTROLLER GENERAL FOR DECISION AS TO WHETHER PAYMENT OF SAME WOULD BE WITHIN THE LAW AND REGULATIONS.

UNDER THESE ORDERS MAJOR EVANS DEPARTED FROM QUANTICO, VA., AT 8:20 A.M., AUGUST 17, 1935, ARRIVED AT ANACOSTIA, D.C., AT 8:35, AT SYRACUSE, N.Y., 11:25, AND DEPARTED FROM SYRACUSE, N.Y., AT 11:50, AUGUST 17, 1935, ARRIVING AT QUANTICO, VA., AT 1:45 SAME DAY, THE TIME AWAY FROM HIS STATION BEING 5 HOURS AND 25 MINUTES.

A PER DIEM ALLOWANCE FOR TRAVEL BY AIR IS AUTHORIZED BY THE ACT OF MARCH 2, 1931, 46 STAT. 1461, AS FOLLOWS:

THAT THE FIRST PARAGRAPH OF SECTION 12 OF THE ACT ENTITLED "AN ACT TO READJUST THE PAY AND ALLOWANCES OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE," APPROVED JUNE 10, 1922, AS AMENDED BY THE ACT OF JUNE 1, 1926 (FORTY-FOURTH STATUTES AT LARGE, PAGE 680; TITLE 37, UNITED STATES CODE, PAGE 2069, SECTION 20), BE, AND THE SAME IS HEREBY, FURTHER AMENDED BY ADDING THERETO THE FOLLOWING PROVISO, TO WIT: "PROVIDED, THAT FOR TRAVEL BY AIR UNDER COMPETENT ORDERS ON DUTY WITHOUT TROOPS, UNDER REGULATIONS TO BE PRESCRIBED RESPECTIVELY BY THE HEADS OF THE DEPARTMENTS CONCERNED, MEMBERS (INCLUDING OFFICERS, WARRANT OFFICERS, CONTRACT SURGEONS, ENLISTED MEN, FLYING CADETS, AND MEMBERS OF THE NURSE CORPS) OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, AND OF THE LEGALLY CONSTITUTED RESERVES OF SAID SERVICES WHILE ON ACTIVE DUTY, AND OF THE NATIONAL GUARD WHILE IN FEDERAL SERVICE, OR WHILE PARTICIPATING IN EXERCISES, OR PERFORMING DUTIES UNDER SECTION 92, 94, 97, OR 99 OF THE NATIONAL DEFENSE ACT, SHALL, IN LIEU OF MILEAGE OR OTHER TRAVEL ALLOWANCES, BE ALLOWED AND PAID THEIR ACTUAL AND NECESSARY TRAVELING EXPENSES NOT TO EXCEED $8 PER DAY, OR, IN LIEU THEREOF, PER DIEM ALLOWANCES AT RATES NOT TO EXCEED $6 PER DAY.'

SEC. 2. THAT THE PROVISO IN THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL YEAR ENDING JUNE 30, 1920, AND FOR OTHER PURPOSES," APPROVED JULY 11, 1919, AUTHORIZING PAYMENT OF ACTUAL AND NECESSARY EXPENSES ONLY TO OFFICERS OF THE ARMY AND CONTRACT SURGEONS WHEN TRAVELING BY AIR ON DUTY WITHOUT TROOPS (FORTY- FIRST STATUTES AT LARGE, PAGE 109; TITLE 10, UNITED STATES CODE, PAGE 197, SECTION 750), AND ALL OTHER LAWS AND PARTS OF LAWS INSOFAR AS THE SAME ARE IN CONFLICT WITH THIS ACT, ARE HEREBY REPEALED; BUT NOTHING HEREIN SHALL BE CONSTRUED TO REPEAL OR MODIFY THE PROVISIONS OF SECTION 5 OF THE ACT ENTITLED "AN ACT AUTHORIZING THE CONSTRUCTION, REPAIR, AND PRESERVATION OF CERTAIN PUBLIC WORKS ON RIVERS AND HARBORS,AND FOR OTHER PURPOSES," APPROVED MARCH 3, 1925 (FORTY-THIRD STATUTES AT LARGE, PAGE 1190; TITLE 34, U.S.C. PAGE 1141, SECTION 893).

THE QUESTION IS WHETHER THE ABSENCE OF MAJOR EVANS FROM 8:20 A.M. TO 1:45 P.M. ON AUGUST 17, 1935, COMES WITHIN THE RULE APPLIED TO PER DIEM "IN LIEU OF SUBSISTENCE" AS AUTHORIZED IN THE ACT OF JUNE 10, 1922. UNDER PARAGRAPH 2-12 (2) (A) NAVY TRAVEL INSTRUCTIONS, REIMBURSEMENT FOR SUBSISTENCE IS NOT ALLOWED WHEN THE TRAVELER IS ONLY TEMPORARILY ABSENT ON SHORT TRIPS INTO THE TERRITORY ADJACENT TO HIS OFFICIAL STATION BETWEEN THE HOURS OF 8 A.M. AND 6 P.M. THAT PROVISION, WHICH IS IN ACCORD WITH THE DECISION OF THIS OFFICE, APPLIES TO TRAVEL OTHER THAN AIR TRAVEL WHEN ON A PER-DIEM BASIS IN LIEU OF SUBSISTENCE AS PROVIDED IN SECTION 12 OF THE ACT OF JUNE 10, 1922. THE REASON FOR THE RULE IS THAT THE TRAVELER INCURS ONLY SUCH SUBSISTENCE EXPENSES (MEALS) AS HE WOULD HAVE INCURRED HAD HE REMAINED AT HIS STATION. UNDER THE ACT OF MARCH 2, 1931, THE PER DIEM IN LIEU OF ACTUAL EXPENSES OTHERWISE AUTHORIZED INCLUDES, IN ADDITION TO SUBSISTENCE (MEALS AND LODGING), EXPENSES FOR HANDLING BAGGAGE, LAUNDRY, AND TRANSPORTATION TO AND FROM LANDING FIELDS, ETC., IN FACT ALL TRAVEL EXPENSES EXCEPT THE COST OF OPERATING THE AIRPLANE. SEE PARAGRAPH 2-20, NAVY TRAVEL INSTRUCTIONS. ACCORDINGLY, THE SAME REASONING DOES NOT APPLY TO THE PER DIEM AUTHORIZED IN THE ACT OF 1931 AND RIGHT TO SUCH PER DIEM IS NOT AFFECTED BY THE TIME OF THE DAY ABSENT FROM STATION AS IN THE CASE OF PER DIEM AUTHORIZED IN LIEU OF SUBSISTENCE UNDER THE ACT OF JUNE 10, 1922.

THE QUESTION IS ANSWERED ACCORDINGLY AND THE VOUCHER AND ORDERS ARE RETURNED.