A-67511, NOVEMBER 22, 1935, 15 COMP. GEN. 438

A-67511: Nov 22, 1935

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WHOSE RELIEF FROM ACTIVE DUTY IS NOT BECAUSE OF THE TERMINATION OF HIS COMMISSION IN THE RESERVE CORPS. IS ENTITLED TO MILEAGE FOR THE TRAVEL INVOLVED EVEN THOUGH NOT IMMEDIATELY PERFORMED. IF THE TRAVEL IS PERFORMED WHILE AN OFFICER OF THE RESERVE CORPS UNDER THE COMMISSION UNDER WHICH THE RELATED SERVICES WERE RENDERED. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPTAIN STANLEY E. IS THAT THE ORDER WAS ISSUED TO HIM WHILE ON THE ACTIVE LIST AND WAS TO BE OPERATIVE COINCIDENT WITH HIS RETIREMENT. THERE IS NO STATUTE PROVIDING MILEAGE FOR THE TRAVEL OF A RETIRED OFFICER FROM THE PLACE OF RETIREMENT TO HIS HOME. IS ENTITLED TO 4 CENTS PER MILE FROM THE PLACE OF DISCHARGE TO THE PLACE OF HIS RESIDENCE AT THE TIME OF HIS APPOINTMENT.

A-67511, NOVEMBER 22, 1935, 15 COMP. GEN. 438

MILEAGE - ARMY RESERVE OFFICERS - PLACE OF ACTIVE DUTY TO HOME AN OFFICER OF THE ARMY RESERVE RELIEVED FROM ACTIVE DUTY IN TIME TO REVERT TO INACTIVE STATUS AT HIS HOME, WHOSE RELIEF FROM ACTIVE DUTY IS NOT BECAUSE OF THE TERMINATION OF HIS COMMISSION IN THE RESERVE CORPS, IS ENTITLED TO MILEAGE FOR THE TRAVEL INVOLVED EVEN THOUGH NOT IMMEDIATELY PERFORMED, IF THE TRAVEL IS PERFORMED WHILE AN OFFICER OF THE RESERVE CORPS UNDER THE COMMISSION UNDER WHICH THE RELATED SERVICES WERE RENDERED.

COMPTROLLER GENERAL MCCARL TO MAJOR CARL HALLA, UNITED STATES ARMY, NOVEMBER 22, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 10, 1935, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPTAIN STANLEY E. WATKINS, FIELD ARTILLERY RESERVES, UNITED STATES ARMY, IN THE AMOUNT OF $95.13, COVERING HIS CLAIM FOR MILEAGE ON ACCOUNT OF TRAVEL COMMENCED AUGUST 29, 1935, AND COMPLETED SEPTEMBER 7, 1935, FROM CODY, WYO., TO WINSLOW, ARIZ., UNDER PARAGRAPH OF SPECIAL ORDERS NO. 51, HEADQUARTERS, EIGHTH CORPS AREA, DATED APRIL 27, 1934, RELIEVING HIM FROM DUTY IN TIME TO REVERT TO INACTIVE STATUS AT HIS HOME ON JULY 29, 1934.

THE ACT OF JUNE 4, 1920, 41 STAT. 776, PROVIDES THAT RESERVE OFFICERS---

* * * WHEN ON ACTIVE DUTY HE SHALL RECEIVE THE SAME * * * ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY * * * AND MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME, * * *.

IN THE CASE OF AN OFFICER OF THE REGULAR ESTABLISHMENT RETIRED FROM ACTIVE SERVICE AND DIRECTED TO PROCEED TO HIS HOME, IT HAS BEEN HELD--- 8 COMP. GEN. 327--- THAT THE TRAVEL MUST BE PERFORMED WITHIN 1 YEAR FROM DATE OF RETIREMENT. AS STATED IN THE CITED DECISION, THE VALIDITY OF THE ORDER, SO FAR AS IT ENTITLES THE OFFICER TO MILEAGE, IS THAT THE ORDER WAS ISSUED TO HIM WHILE ON THE ACTIVE LIST AND WAS TO BE OPERATIVE COINCIDENT WITH HIS RETIREMENT. THERE IS NO STATUTE PROVIDING MILEAGE FOR THE TRAVEL OF A RETIRED OFFICER FROM THE PLACE OF RETIREMENT TO HIS HOME. AN OFFICER ON DISCHARGE FROM SERVICE, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, IS ENTITLED TO 4 CENTS PER MILE FROM THE PLACE OF DISCHARGE TO THE PLACE OF HIS RESIDENCE AT THE TIME OF HIS APPOINTMENT, OR TO THE PLACE OF ORIGINAL MUSTER INTO THE SERVICE. ACT OF MARCH 2, 1901 (31 STAT. 902). ENLISTED MEN ON DISCHARGE, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, ARE ENTITLED TO TRAVEL ALLOWANCE AS PROVIDED IN SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED SEPTEMBER 22, 1922 (42 STAT. 1021). TRAVEL ALLOWANCE EITHER FOR DISCHARGED OFFICERS OR DISCHARGED ENLISTED MEN UNDER THE CITED STATUTES IS PAYABLE IRRESPECTIVE OF THE PERFORMANCE OF THE TRAVEL. RESERVE OFFICER RELIEVED FROM ACTIVE DUTY IS, BY THE STATUTE QUOTED ABOVE, ENTITLED TO MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME. TO ENTITLE TO MILEAGE THERE MUST BE AN ORDER DIRECTING THE TRAVEL, ISSUED IN CONNECTION WITH AND BEFORE RELIEF FROM ACTIVE DUTY, AND THE TRAVEL DIRECTED MUST BE PERFORMED IN COMPLIANCE WITH THE ORDER. HOWEVER, THE PURPOSE OF THE STATUTE IS TO MAKE POSSIBLE BY PROPER ADMINISTRATIVE ORDERS THE RETURN OF THE OFFICER AT PUBLIC EXPENSE TO THE PLACE FROM WHICH HE ENTERED UPON ACTIVE DUTY. THE TRAVEL MUST BE AS AN OFFICER OF THE RESERVE CORPS UNLESS THE RELIEF FROM ACTIVE DUTY RESULTS FROM THE TERMINATION OF THE OFFICER'S COMMISSION IN THE RESERVE CORPS, IN WHICH CASE THE TRAVEL MUST BE PERFORMED PROMPTLY. SEE A-67234, NOVEMBER 15, 1935. THE RIGHT TO MILEAGE FROM HIS LAST STATION TO HIS HOME, UNDER A PROPER ORDER IS GIVEN BY THE STATUTE, AND THE STATUTE SUGGESTS NO LIMIT EXCEPT THAT THE TRAVEL SHALL BE AS AN OFFICER OF THE RESERVE CORPS. IF TRAVEL FROM HIS LAST STATION TO HIS HOME IS PERFORMED BY AN OFFICER PURSUANT TO APPROPRIATE ORDERS BEFORE THE TERMINATION OF HIS COMMISSION IN THE RESERVE CORPS, PAYMENT IS AUTHORIZED UNDER THE STATUTE. YOUR SUBMISSION DOES NOT SHOW WHETHER CAPTAIN WATKINS, DURING THE PERIOD AUGUST 29 TO SEPTEMBER 7, 1935, WHEN THE TRAVEL IS CLAIMED TO HAVE BEEN PERFORMED, WAS AN OFFICER OF THE RESERVE CORPS UNDER THE COMMISSION UNDER WHICH HIS SERVICES WERE RENDERED AND IN CONNECTION WITH WHICH HE WAS DIRECTED TO PROCEED TO HIS HOME. HE WAS SUCH OFFICER, THE INFORMATION SHOULD BE SHOWN ON THE VOUCHER, AND THE VOUCHER, AS SO AMENDED, IF OTHERWISE CORRECT, MAY BE PAID.