A-6958, FEBRUARY 2, 1925, 4 COMP. GEN. 645

A-6958: Feb 2, 1925

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IS ONLY ENTITLED TO 5 CENTS A MILE FOR THE DISTANCE OVER THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN WASHINGTON. WHEREIN CREDIT WAS DISALLOWED IN HIS ACCOUNTS FOR $82.62. COMMANDER HIGGINS WAS ORDERED AS FOLLOWS: 1. YOU WILL REGARD YOURSELF DETACHED FROM DUTY IN THE BUREAU OF SUPPLIES AND ACCOUNTS (WASHINGTON. FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU. WILL PROCEED TO HAMPTON ROADS. YOU WILL PROCEED AND REPORT TO THE COMMANDANT. THE SECRETARY OF THE NAVY HAS DETERMINED THAT THIS EMPLOYMENT ON SHORE DUTY IS REQUIRED BY THE PUBLIC INTERESTS. HE WAS FURNISHED WITH A TRANSPORTATION REQUEST TO PUGET SOUND. 209.65 224.69 THE QUESTION IN THIS CASE WAS IN PRINCIPLE DECIDED IN THE CASE OF MOORE V.

A-6958, FEBRUARY 2, 1925, 4 COMP. GEN. 645

MILEAGE - NAVAL OFFICERS AN OFFICER OF THE NAVY ORDERED TO MAKE A CHANGE OF STATION FROM WASHINGTON, D.C., TO THE NAVY YARD, PUGET SOUND, WASHINGTON, UNDER ORDERS DIRECTING HIM TO PROCEED TO HAMPTON ROADS, VIRGINIA, THENCE BY NAVY TRANSPORT TO SAN FRANCISCO, CALIFORNIA, AND THENCE BY LAND TO DESTINATION, WHO PAYS HIS FARE FROM WASHINGTON, D.C., TO HAMPTON ROADS AND THE GOVERNMENT TRANSPORTS HIM THE REMAINDER OF THE WAY, IS ONLY ENTITLED TO 5 CENTS A MILE FOR THE DISTANCE OVER THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN WASHINGTON, D.C., AND PUGET SOUND, LESS THE COST OF TRANSPORTATION FURNISHED BY THE GOVERNMENT FR RAIL TRAVEL FROM SAN FRANCISCO TO PUGET SOUND.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 2, 1925:

COMMANDER JOHN S. HIGGINS (S.C.), UNITED STATES NAVY, HAS APPLIED FOR REVIEW OF SETTLEMENT NO. M-8502-N, DATED JUNE 26, 1924, WHEREIN CREDIT WAS DISALLOWED IN HIS ACCOUNTS FOR $82.62, PAID TO HIMSELF AS MILEAGE FOR THE DIFFERENCE IN DISTANCE BETWEEN THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN WASHINGTON, D.C., AND PUGET SOUND, WASH., AND THE ROUTE ACTUALLY TRAVELED, PLUS $8.03, THE COST OF TRANSPORTATION FURNISHED BY THE GOVERNMENT FROM SAN FRANCISCO, CALIF., TO BREMERTON, WASH.

UNDER DATE OF JANUARY 17, 1924, COMMANDER HIGGINS WAS ORDERED AS FOLLOWS:

1. ON 31 JANUARY, 1924, YOU WILL REGARD YOURSELF DETACHED FROM DUTY IN THE BUREAU OF SUPPLIES AND ACCOUNTS (WASHINGTON, D.C.), AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU; WILL PROCEED TO HAMPTON ROADS, VA., AND REPORT TO THE COMMANDANT, FIFTH NAVAL DISTRICT, AND COMMANDING OFFICER OF THE U.S.S. CHAUMONT FOR PASSAGE.

2. UPON ARRIVAL AT SAN FRANCISCO, CALIF., YOU WILL PROCEED AND REPORT TO THE COMMANDANT, NAVY YARD, PUGET SOUND, WASH., FOR DUTY AS DISBURSING OFFICER AS THE RELIEF OF LIEUTENANT E. W. POORE, S.C., U.S.N.

7. THE SECRETARY OF THE NAVY HAS DETERMINED THAT THIS EMPLOYMENT ON SHORE DUTY IS REQUIRED BY THE PUBLIC INTERESTS.

IN ACCORDANCE WITH ORDERS THE OFFICER LEFT WASHINGTON AT 6.30 P.M., MARCH 2, 1924, PAYING FOR TRANSPORTATION TO HAMPTON ROADS, VA., WHERE HE BOARDED THE U.S.S. CHAUMONT FOR PASSAGE TO SAN FRANCISCO ON MARCH 3, 1924. UPON ARRIVAL AT SAN FRANCISCO, CALIF., HE WAS FURNISHED WITH A TRANSPORTATION REQUEST TO PUGET SOUND, WASH., AT A COST TO THE GOVERNMENT OF $8.03. ARRIVED AT THE NAVY YARD ON MARCH 28, 1924, AND ON APRIL 2, 1924, HE PAID HIMSELF AS FOLLOWS:

CHART WASHINGTON, D.C., TO HAMPTON ROADS, VA., 188 MILES AT 8

CENTS PER MILE ------------------------------------------ $15.04 HAMPTON ROADS, VA., TO PUGET SOUND, WASH., VIA SAN

FRANCISCO, CALIFORNIA, OVERLAND. 4193 MILES AT 5 CENTS

PER MILE ------------------------------------------------ 209.65

224.69

THE QUESTION IN THIS CASE WAS IN PRINCIPLE DECIDED IN THE CASE OF MOORE V. UNITED STATES, 58 CT.CLS. 475. MOORE WAS AN OFFICER OF THE ARMY RELIEVED FROM DUTY AT THE PRESIDIO OF MONTEREY, CALIF., AND ORDERED TO THE NAVY YARD, MARE ISLAND, TO TAKE PASSAGE ON THE U.S.S. HENDERSON FOR HAMPTON ROADS AND UPON THE ARRIVAL THERE TO PROCEED TO WASHINGTON, D.C., FOR DUTY IN THE OFFICE OF THE CHIEF OF CAVALRY. THE COURT DECIDED THAT MILEAGE WAS PAYABLE ONLY FOR THE SHORTEST USUALLY TRAVELED ROUTE FROM SAN FRANCISCO, CALIF., TO WASHINGTON, D.C. THE CLAIM WAS FOR MILEAGE UNDER THE ARMY MILEAGE ACT OF JUNE 12, 1906, 34 STAT. 246, OVER THE ROUTE ACTUALLY TRAVELED. THE COURT SAID:

THE OFFICER IS ENTITLED TO MILEAGE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE WITH THE DEDUCTIONS REQUIRED BY THE STATUTE. SEE HUTCHINS CASE, 27 C.CLS. 137; 151 U.S. 542; AND 20 COMP. DEC. 741.

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

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 * * *.

THIS PROVISION REPEALED PRIOR LAWS AUTHORIZING AND GOVERNING THE PAYMENT OF MILEAGE TO OFFICERS OF THE NAVY, AND IN EFFECT SUBSTITUTED THEREFOR THE CONDITIONS PREVIOUSLY PRESCRIBED FOR THE PAYMENT OF MILEAGE TO OFFICERS OF THE ARMY BY THE ACT OF JUNE 12, 1906, 34 STAT. 246. IT EXPRESSLY PROVIDES THAT AN OFFICER'S MILEAGE IS TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE.

THE SPECIFIC DUTY ENJOINED BY THE ORDERS OF JANUARY 17, 1924, WAS DUTY AS DISBURSING OFFICER AT THE NAVY YARD, PUGET SOUND, WASH., AND THE PERFORMANCE OF THAT DUTY IS THE ONLY NECESSITY SHOWN IN THE ORDER FOR THE TRAVEL. THE DIRECTION THAT THE OFFICER GO VIA SAN FRANCISCO WAS BUT INCIDENT TO THE FACT THAT TRANSPORTATION FROM THE EAST TO THE WEST COAST WAS TO BE MADE BY TRANSPORT AND THAT SAN FRANCISCO WAS THE TERMINUS OF THE TRANSPORT ROUTE. NO ACTUAL DUTY WAS TO BE PERFORMED AT SAN FRANCISCO, AND MILEAGE WAS PAYABLE ONLY ON THE BASIS OF SUCH TRAVEL AS WAS ACTUALLY NECESSARY TO THE PERFORMANCE OF THE SPECIFIC DUTY ENJOINED BY THE ORDERS AS "REQUIRED BY THE PUBLIC INTERESTS.'

THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN WASHINGTON, D.C., AND THE NAVY YARD, PUGET SOUND, WASH., AS SHOWN BY THE OFFICIAL TABLE OF DISTANCES, INVOLVES 3,002 MILES.

TRANSPORTATION WAS FURNISHED BY THE GOVERNMENT BY TRANSPORT FROM HAMPTON ROADS TO SAN FRANCISCO, AND FROM SAN FRANCISCO TO PUGET SOUND BY RAIL ON TRANSPORTATION REQUESTS AT A COST TO THE GOVERNMENT OF $8.03. IN THE MOORE CASE THE COURT OF CLAIMS NEGATIVED ALLOWANCE OF MILEAGE FOR NECESSARY TRAVEL BETWEEN PORT OF ARRIVAL AND STATION TO WHICH ORDERED, DENYING MILEAGE OR ANY OTHER FORM OF REIMBURSEMENT FOR NECESSARY TRAVEL BETWEEN NORFOLK AND WASHINGTON, DETERMINING THAT THE OFFICER WAS "ENTITLED TO MILEAGE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE WITH THE DEDUCTIONS REQUIRED BY THE STATUTE.' IN THIS CASE THE OFFICER NOT HAVING BEEN ENTITLED TO MILEAGE, OR TRANSPORTATION AT THE EXPENSE OF THE GOVERNMENT, SAN FRANCISCO TO PUGET SOUND, THE COST TO THE GOVERNMENT OF THE TRANSPORTATION FURNISHED IS PROPERLY CHARGEABLE TO THE OFFICER UNDER THE PRINCIPLE ANNOUNCED. 3 COMP. GEN. 788. COMMANDER HIGGINS PAID HIMSELF $224.69, AN OVERPAYMENT OF $82.62.