A-6881, JANUARY 15, 1925, 4 COMP. GEN. 604

A-6881: Jan 15, 1925

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WAS FURTHER DIRECTED TO PROCEED AND OVERTAKE THE SQUADRON AT SAN DIEGO. WAS "TRAVELING OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA. WHEREIN WAS DISALLOWED HIS CLAIM FOR MILEAGE FROM PENSACOLA. YOU WILL REGARD YOURSELF DETACHED FROM DUTY AT THE NAVAL AIR STATION. FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU AT SUCH TIME AS WILL ENABLE YOU TO PROCEED TO JACKSONVILLE. UPON ARRIVAL AT THE CANAL ZONE YOU WILL REPORT TO THE SENIOR OFFICER PRESENT AFLOAT. THESE ORDERS WERE MODIFIED ON MARCH 20. IT APPEARS CLAIMANT WAS DETACHED FROM DUTY AT THE NAVAL AIR STATION. BY THE COMMANDER IN CHIEF HE WAS ORDERED TO FURTHER REPORT TO COMMANDER. WAS FURNISHED TRANSPORTATION STATED TO HAVE BEEN VIA THE U.S.S.

A-6881, JANUARY 15, 1925, 4 COMP. GEN. 604

TRAVELING EXPENSES - NAVAL OFFICER TRAVELING OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA AN OFFICER OF THE NAVY DETACHED FROM DUTY AT PENSACOLA, FLA., AND ORDERED TO PROCEED AND REPORT TO THE COMMANDER IN CHIEF BATTLE FLEET AT THE CANAL ZONE FOR DUTY WITH THE AIRCRAFT SQUADRON OF THE BATTLE FLEET AND WHO, UPON REPORTING AT THE CANAL ZONE, WAS FURTHER DIRECTED TO PROCEED AND OVERTAKE THE SQUADRON AT SAN DIEGO, CALIF., WAS "TRAVELING OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA," WITHIN THE MEANING OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 15, 1925:

LIEUTENANT KENNETH C. HAWKINS, UNITED STATES NAVY, APPLIED SEPTEMBER 27, 1924, FOR REVIEW OF SETTLEMENT NO. 275677-N, DATED MAY 19, 1924, WHEREIN WAS DISALLOWED HIS CLAIM FOR MILEAGE FROM PENSACOLA, FLA., TO SAN DIEGO, CALIF., UNDER ORDERS OF MARCH 18, 1924.

THE ORDERS OF MARCH 18, 1924, READ AS FOLLOWS:

1. YOU WILL REGARD YOURSELF DETACHED FROM DUTY AT THE NAVAL AIR STATION, PENSACOLA, FLA., AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU AT SUCH TIME AS WILL ENABLE YOU TO PROCEED TO JACKSONVILLE, FLA., AND ON MARCH 30, 1924, REPORT TO THE COMMANDING OFFICER OF THE U.S.S. BUSHNELL FOR PASSAGE.

2. UPON ARRIVAL AT THE CANAL ZONE YOU WILL REPORT TO THE SENIOR OFFICER PRESENT AFLOAT, BATTLE FLEET, FOR DUTY INVOLVING FLYING WITH THE AIRCRAFT SQUADRONS, BATTLE FLEET.

3. THESE ORDERS CONSTITUTE YOUR ASSIGNMENT TO DUTY IN A PART OF THE AERONAUTIC ORGANIZATION OF THE NAVY, AND YOUR EXISTING DETAIL TO DUTY INVOLVING FLYING CONTINUES IN EFFECT.

THESE ORDERS WERE MODIFIED ON MARCH 20, 1924, THROUGH DIRECTION TO PROCEED TO MAYPORT, FLA., INSTEAD OF JACKSONVILLE, FLA., FOR REPORTING ON BOARD THE U.S.S. BUSHNELL.

IT APPEARS CLAIMANT WAS DETACHED FROM DUTY AT THE NAVAL AIR STATION, PENSACOLA, FLA., MARCH 27, 1924; REPORTED ON THE U.S.S. BUSHNELL AT MAYPORT, FLA., MARCH 30, 1924; AND REPORTED TO THE COMMANDER IN CHIEF, BATTLE FLEET, AT BALBOA, CANAL ZONE, APRIL 5, 1924. BY THE COMMANDER IN CHIEF HE WAS ORDERED TO FURTHER REPORT TO COMMANDER, DESTROYER SQUADRON, BATTLE FLEET, FOR ASSAGE; REPORTED ON THE U.S.S. MELVILLE, AT BALBOA, CANAL ZONE, APRIL 6, 1924; WAS FURNISHED TRANSPORTATION STATED TO HAVE BEEN VIA THE U.S.S. MCCAWLEY, TO SAN DIEGO, CALIF.; AND ON APRIL 24, 1924, REPORTED TO THE COMMANDING OFFICER OF VO SQUADRON ONE, AIRCRAFT SQUADRONS, BATTLE FLEET.

THE CHIEF OF NAVAL OPERATIONS REPLIED TO INQUIRY BY THIS OFFICE THAT THE AIRCRAFT SQUADRONS, BATTLE FLEET, LEFT THE CANAL ZONE FOR SAN DIEGO, CALIF., ON MARCH 31, 1924. THIS SQUADRON MOVEMENT ACCOUNTS FOR CLAIMANT HAVING BEEN FURNISHED TRANSPORTATION TO, AND HIS REPORTING FOR DUTY THEREON AT SAN DIEGO, CALIF.

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, AND HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT * * *. ACTUAL EXPENSES ONLY SHALL BE PAID FOR TRAVEL UNDER ORDERS OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA * * *.

CLAIMANT CONTENDS THAT HIS ORDERS WERE "FOR DUTY INVOLVING FLYING WITH AIRCRAFT SQUADRONS, BATTLE FLEET; " THAT HE DID NOT REPORT TO THE SQUADRON UNTIL HE ARRIVED AT SAN DIEGO, CALIF.; AND THAT HE WAS IN A TRAVEL STATUS FROM THE TIME HE LEFT PENSACOLA, FLA., UNTIL ARRIVAL AT SAN DIEGO, CALIF.

THE UNQUESTIONED INTENT OF THE ORDERS OF MARCH 18, 1924, WAS THAT TRAVEL SHOULD BE PERFORMED TO DUTY OUTSIDE THE LIMITS OF THE UNITED STATES, VIZ: FOR DUTY WITH A SQUADRON THEN AT THE CANAL ZONE. THE ORDERS WERE NOT TO PROCEED TO SAN DIEGO AND THE TRAVEL FROM THE CANAL ZONE WAS NOT PURSUANT THERETO, BUT UNDER INDEPENDENT ORDERS ISSUED AFTER CLAIMANT HAD REPORTED TO THE COMMANDER IN CHIEF IN PURSUANCE OF THE ORDERS OF MARCH 18, 1924. THE PURPOSE IN ORDERING CLAIMANT TO PROCEED FROM THE CANAL ZONE WAS THAT HE MIGHT JOIN THE SQUADRON, AND THE FACT THAT THE SQUADRON WAS NOT OVERTAKEN UNTIL REACHING SAN DIEGO, RATHER THAN AT SEA OR AT SOME INTERMEDIATE FOREIGN PORT, DID NOT, BECAUSE OF SUCH EVENT, CONSTITUTE THE TRAVEL FROM PENSACOLA TO SAN DIEGO OTHER THAN "OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA.'

AN OFFICER IS TO BE UNDERSTOOD AS TRAVELING ABROAD WHEN HE GOES TO A FOREIGN PORT OR PLACE UNDER ORDERS TO PROCEED TO THAT PLACE, OR FROM ONE FOREIGN PLACE TO ANOTHER, OR FROM A FOREIGN PORT TO A HOME PORT. 3 COMP. GEN. 724.

IN UNITED STATES V. HUTCHINS, 151 U.S. 542, THE SUPREME COURT HAS THE FOLLOWING TO SAY IN DIFFERENTIATING BETWEEN TRAVEL "IN THE UNITED STATES" AND TRAVEL "ABROAD: "

* * * IT MAY BE CONCEDED * * * THAT, IF THE PETITIONER HAD BEEN ORDERED TO PANAMA, AND UPON ARRIVAL THERE HAD FOUND ORDERS AWAITING HIM TO PROCEED TO NEW YORK, HE WOULD HAVE BEEN ENTITLED ONLY TO HIS EXPENSES; BUT WHERE HE IS ORDERED FROM SAN FRANCISCO TO NEW YORK BY WAY OF PANAMA, HE SHOULD BE CONSIDERED AS MAKING BUT A SINGLE JOURNEY, AND THAT WITHIN THE UNITED STATES * * *. ..END :