A-71591, MARCH 12, 1936, 15 COMP. GEN. 785

A-71591: Mar 12, 1936

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IS NOT ENTITLED TO MILEAGE FOR THE TRAVEL PERFORMED. WILL PROCEED ON OR ABOUT JANUARY 12. UPON COMPLETION OF THIS DUTY HE WILL RETURN TO CAMP F-48-C. TRAVEL BY PRIVATELY OWNED CONVEYANCE IS AUTHORIZED. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. NEITHER MILEAGE NOR TRAVEL ALLOWANCES WILL BE PAID IN SUCH CASES BY THE WAR DEPARTMENT. IF ORDERED TO SO APPEAR BY A PROPER MILITARY ORDER RECITING THAT THE TRAVEL IS NECESSARY IN THE MILITARY SERVICE AND SUCH ORDER IS OTHERWISE COMPETENT. PROVIDES: WHEN ANY CLERK OR OTHER OFFICER OF THE UNITED STATES IS SENT AWAY FROM HIS PLACE OF BUSINESS AS A WITNESS FOR THE GOVERNMENT. THE FIRST SENTENCE OF THE QUOTED REGULATIONS IS IN ACCORD WITH THE DECISIONS OF THE ACCOUNTING OFFICERS AND OF THE ATTORNEYS GENERAL (A MATTER UNDER THE ATTORNEY GENERAL'S ADMINISTRATIVE JURISDICTION).

A-71591, MARCH 12, 1936, 15 COMP. GEN. 785

MILEAGE - ARMY OFFICER - ATTENDANCE AT FEDERAL GRAND JURY INVESTIGATION A RESERVE OFFICER OF THE ARMY AUTHORIZED TO PERFORM TRAVEL FOR THE PURPOSE OF APPEARING BEFORE A FEDERAL GRAND JURY INVESTIGATING THEFT OF GOVERNMENT PROPERTY, WHO ATTENDS AS A WITNESS AND NOT IN THE CAPACITY OF A GOVERNMENT OFFICER APPOINTED TO AID IN THE PREVENTION, PUNISHMENT, OR PROSECUTION OF VIOLATIONS OF LAWS RELATING TO THE WORK OF HIS DEPARTMENT, IS NOT ENTITLED TO MILEAGE FOR THE TRAVEL PERFORMED.

ACTING COMPTROLLER GENERAL ELLIOTT TO CAPT. ROY J. CAPERTON, UNITED STATES ARMY, MARCH 12, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 27, 1936, SUBMITTING FOR DECISION VOUCHER IN FAVOR OF FIRST LT. CLARENCE N. BOYD, F.A. RESERVE, FOR MILEAGE FOR TRAVEL BETWEEN CAMP F-48-C, NORWOOD, COLO., AND DENVER, COLO., JANUARY 12 TO 16, 1936, PERFORMED UNDER PARAGRAPH 7 OF SPECIAL ORDERS NO. 8, DATED HEADQUARTERS, GRAND JUNCTION DISTRICT, CIVILIAN CONSERVATION CORPS, GRAND JUNCTION, COLO., JANUARY 11, 1936, AS FOLLOWS:

1ST LIEUTENANT CLARENCE N. BOYD, FA-RES., NOW AT CAMP F-48-C, NORWOOD, COLORADO, WILL PROCEED ON OR ABOUT JANUARY 12, 1936, FROM CAMP F-48-C, NORWOOD, COLORADO, TO DENVER, COLORADO, FOR THE PURPOSE OF APPEARING BEFORE FEDERAL GRAND JURY IN CONNECTION WITH SPECIAL INVESTIGATION OF THEFT OF GOVERNMENT PROPERTY AT CAMP F-48-C, NORWOOD, COLORADO.

UPON COMPLETION OF THIS DUTY HE WILL RETURN TO CAMP F-48-C, NORWOOD, COLORADO.

TRAVEL BY PRIVATELY OWNED CONVEYANCE IS AUTHORIZED.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 1608 P 2- 0620 A 5016-57.

PARAGRAPH 2X, ARMY REGULATIONS 35-4830, PROVIDES:

OFFICERS REPORTING AS WITNESSES BEFORE A CIVIL COURT SHOULD RECEIVE FROM THE CIVIL AUTHORITIES THE NECESSARY EXPENSES INCURRED IN TRAVEL AND ATTENDANCE; NEITHER MILEAGE NOR TRAVEL ALLOWANCES WILL BE PAID IN SUCH CASES BY THE WAR DEPARTMENT. IF ORDERED TO SO APPEAR BY A PROPER MILITARY ORDER RECITING THAT THE TRAVEL IS NECESSARY IN THE MILITARY SERVICE AND SUCH ORDER IS OTHERWISE COMPETENT, THIS REGULATION DOES NOT PRECLUDE PAYMENT OF MILEAGE ALLOWANCE FROM ARMY APPROPRIATIONS FOR MILEAGE PURPOSES. SEE AR 35-4820.

SECTION 850, REVISED STATUTES, 28 U.S.C. 604, PROVIDES:

WHEN ANY CLERK OR OTHER OFFICER OF THE UNITED STATES IS SENT AWAY FROM HIS PLACE OF BUSINESS AS A WITNESS FOR THE GOVERNMENT, HIS NECESSARY EXPENSES, STATED IN ITEMS AND SWORN TO, IN GOING, RETURNING, AND ATTENDANCE ON THE COURT, SHALL BE AUDITED AND PAID; BUT NO MILEAGE, OR OTHER COMPENSATION IN ADDITION TO HIS SALARY, SHALL IN ANY CASE BE ALLOWED.

THE FIRST SENTENCE OF THE QUOTED REGULATIONS IS IN ACCORD WITH THE DECISIONS OF THE ACCOUNTING OFFICERS AND OF THE ATTORNEYS GENERAL (A MATTER UNDER THE ATTORNEY GENERAL'S ADMINISTRATIVE JURISDICTION), 15 OP.ATTY.GEN. 486; 16 ID. 113 AND 147; 4 COMP. DEC. 146 (GRAND JURY); 10 ID. 51 AT PAGE 55; AND 19 ID. 752. THE SECOND SENTENCE OF THE QUOTED REGULATIONS IS CONTRARY TO THE DECISIONS OF THE ACCOUNTING OFFICERS, 4 COMP. DEC. 146; 10 ID. 51, 55, AND 23 ID. 207. SEE PARTICULARLY, THE LATTER AT PAGE 211, WHERE THE MATTER IS DISCUSSED. 4 COMP. GEN. 1070, FOLLOWING A DECISION OF FEBRUARY 7, 1924, TO THE ATTORNEY GENERAL, 30 MS. COMP. GEN. 137, GAVE APPLICATION TO WHAT WAS HELD IN 15 COMP. DEC. 298, QUOTING FROM THE SYLLABUS AS FOLLOWS:

IF AN OFFICER OF THE GOVERNMENT ATTENDS UPON THE UNITED STATES COURTS OR BEFORE UNITED STATES COMMISSIONERS IN HIS OFFICIAL CAPACITY IN CONNECTION WITH THE EXAMINATION OR TRIAL OF PERSONS CHARGED WITH VIOLATIONS OF CERTAIN LAWS RELATING TO THE WORK OF HIS DEPARTMENT AND IT IS HIS DUTY UNDER THE LAWS OR REGULATIONS GOVERNING HIS APPOINTMENT TO AID IN THE PREVENTION, DETECTION, SUPPRESSION, PUNISHMENT, OR PROSECUTION OF SUCH VIOLATIONS OR OFFENSES, THEN HIS PROPER ACTUAL TRAVELING EXPENSES, INCURRED BY REASON OF HIS ATTENDANCE UPON SUCH EXAMINATION OR TRIAL, ARE PROPERLY CHARGEABLE TO THE APPROPRIATION OUT OF WHICH HIS ORDINARY TRAVELING EXPENSES ARE USUALLY PAID, NOTWITHSTANDING THE FACT THAT HE MAY BE CALLED AND TESTIFY IN THE CASE AS A WITNESS; BUT WHEN A SALARIED GOVERNMENT EMPLOYEE IS SUBPOENAED AS A WITNESS, AND HE SO ATTENDS, OTHERWISE THAN AS ABOVE STATED, HE IS ENTITLED TO REIMBURSEMENT OF HIS ACTUAL EXPENSES (SECTION 850 OF THE REVISED STATUTES) BY THE MARSHAL FROM THE APPROPRIATION "FEES OF WITNESSES, UNITED STATES COURTS.'

YOU ARE ACCORDINGLY NOT AUTHORIZED TO PAY THE VOUCHER WHICH WILL BE RETAINED IN THE FILES OF THIS OFFICE.