A-72201, DECEMBER 14, 1936, 16 COMP. GEN. 578

A-72201: Dec 14, 1936

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MILEAGE - TRAVEL BY PRIVATELY-OWNED AUTOMOBILE - ARMY ENLISTED MEN - GOVERNMENT-OWNED TRANSPORTATION AVAILABLE MILEAGE IS NOT AUTHORIZED UNDER THE ACT OF MAY 29. AN ENLISTED MAN OF THE ARMY AUTHORIZED TO TRAVEL BY PRIVATELY-OWNED AUTOMOBILE IN RETURNING TO HIS STATION IS NOT ENTITLED. WOULD HAVE BEEN PERFORMED BY OTHER THAN GOVERNMENT-OWNED CONVEYANCE. 1936: THERE WAS RECEIVED DECEMBER 27. BY WHICH WAS DISALLOWED YOUR CLAIM NO. 0521736 FOR MILEAGE AT THE RATE OF 3 CENTS PER MILE. YOU STATE THAT YOU WERE SENT TO THE SCHOOL AT CHANUTE FIELD AT GOVERNMENT EXPENSE. WERE ENTITLED TO RETURN TO YOUR STATION AT GOVERNMENT EXPENSE. NOT TO WITHHOLD REIMBURSEMENT FOR THE PORTION OF TRANSPORTATION CLAIMED AS YOU WERE A SOLDIER AND ENTITLED TO FREE TRANSPORTATION OR PROPER REIMBURSEMENT IF YOU TRAVELED AT YOUR OWN EXPENSE IN THE PUBLIC SERVICE.

A-72201, DECEMBER 14, 1936, 16 COMP. GEN. 578

MILEAGE - TRAVEL BY PRIVATELY-OWNED AUTOMOBILE - ARMY ENLISTED MEN - GOVERNMENT-OWNED TRANSPORTATION AVAILABLE MILEAGE IS NOT AUTHORIZED UNDER THE ACT OF MAY 29, 1928, 45 STAT. 975, APPLICABLE TO MILITARY, NAVAL, ETC., PERSONNEL, FOR TRAVEL BY PRIVATELY- OWNED CONVEYANCE IN LIEU OF TRANSPORTATION IN GOVERNMENT OWNED CONVEYANCES AVAILABLE AND AUTHORIZED TO BE USED BY THE TRAVELER. AN ENLISTED MAN OF THE ARMY AUTHORIZED TO TRAVEL BY PRIVATELY-OWNED AUTOMOBILE IN RETURNING TO HIS STATION IS NOT ENTITLED, UNDER THE ACT OF MAY 29, 1928, 45 STAT. 975, TO MILEAGE FOR SUCH TRAVEL FOR ANY DISTANCE IN EXCESS OF THAT WHICH, HAD THE TRAVEL BEEN OTHERWISE, WOULD HAVE BEEN PERFORMED BY OTHER THAN GOVERNMENT-OWNED CONVEYANCE.

ACTING COMPTROLLER GENERAL ELLIOTT TO CLINTON H. DELCOUR, DECEMBER 14, 1936:

THERE WAS RECEIVED DECEMBER 27, 1935, YOUR REQUEST FOR A REVIEW OF SETTLEMENT OF DECEMBER 12, 1935, BY WHICH WAS DISALLOWED YOUR CLAIM NO. 0521736 FOR MILEAGE AT THE RATE OF 3 CENTS PER MILE, ACT OF MAY 29, 1928, 45 STAT. 975, FOR THE DISTANCE FROM CHANUTE FIELD, ILL., TO BROOKLYN, N.Y., IN CONNECTION WITH ORDERS ISSUED TO YOU AS AN ENLISTED MAN OF THE ARMY ON MARCH 19, 1932.

YOU STATE THAT YOU WERE SENT TO THE SCHOOL AT CHANUTE FIELD AT GOVERNMENT EXPENSE, AND WERE ENTITLED TO RETURN TO YOUR STATION AT GOVERNMENT EXPENSE; THAT THE AUTHORITIES HAD THE RIGHT TO ALLOW YOU TRAVEL BY PRIVATE CONVEYANCE IN LIEU OF TRAVEL BY AIRPLANE, WHICH THEY DID, BUT NOT TO WITHHOLD REIMBURSEMENT FOR THE PORTION OF TRANSPORTATION CLAIMED AS YOU WERE A SOLDIER AND ENTITLED TO FREE TRANSPORTATION OR PROPER REIMBURSEMENT IF YOU TRAVELED AT YOUR OWN EXPENSE IN THE PUBLIC SERVICE. YOU STATE THAT YOUR CASE IS IDENTICAL WITH THAT OF PRIVATE JAMES H. SMITH, SEVENTY-SIXTH SERVICE SQUADRON, AIR CORPS, AND CORPORAL JAMES W. PERRYMAN, THIRTY-SECOND BOMBING SQUADRON, AIR CORPS, WHO RECEIVED REIMBURSEMENT, AND THAT YOU CANNOT SEE WHY YOU ARE NOT ENTITLED THERETO.

THE ACT OF MAY 29, 1928, AMENDING SECTION 12 OF THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, PROVIDES:

INDIVIDUALS BELONGING TO ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING THE NATIONAL GUARD AND THE RESERVES OF SUCH SERVICES, TRAVELING UNDER COMPETENT ORDERS WHICH ENTITLE THEM TO TRANSPORTATION OR TRANSPORTATION AND SUBSISTENCE AS DISTINGUISHED FROM MILEAGE, WHO, UNDER REGULATIONS PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED, TRAVEL BY PRIVATELY-OWNED CONVEYANCE SHALL BE ENTITLED, IN LIEU OF TRANSPORTATION BY THE SHORTEST USUALLY TRAVELED ROUTE NOW AUTHORIZED BY LAW TO BE FURNISHED IN KIND, TO A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE FOR THE SAME DISTANCE: * * *

PARAGRAPH 13, ARMY REGULATIONS 35-4540, AS AMENDED BY CHANGES NO. 1, DATED AUGUST 25, 1928, PROVIDES:

13. GENERAL.--- ENLISTED MEN ARE ENTITLED TO THE ALLOWANCE OF 3 CENTS PER MILE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE AUTHORIZED BY THE ACT OF MAY 29, 1928, UNDER THE CONDITIONS PRESCRIBED IN SECTION IV, A.R. 35-4820, WHENEVER SUCH MODE OF TRAVEL IS AUTHORIZED IN THEIR TRAVEL ORDERS OR IS APPROVED AFTER HAVING BEEN PERFORMED. * * *

THE PROVISIONS OF THE ACT OF MAY 29, 1928, ARE EMBODIED IN PARAGRAPH 16, SECTION IV, ARMY REGULATIONS 35-4820, DATED SEPTEMBER 24, 1928, AS APPLYING TO THE ARMY, INCLUDING THE ORGANIZED RESERVES.

PARAGRAPH 1, SPECIAL ORDERS NO. 88, HEADQUARTERS AIR CORPS PRIMARY FLYING SCHOOL, MARCH FIELD, RIVERSIDE, CALIF., DATED APRIL 18, 1931, ORDERED YOU TO PROCEED FROM YOUR STATION AT MARCH FIELD TO FORT MCDOWELL, CALIF., BY RAIL, THENCE BY ARMY TRANSPORT SAILING FROM SAN FRANCISCO, CALIF., MAY 2, 1931, TO NEW YORK, N.Y., THENCE BY RAIL FROM NEW YORK, N.Y. TO CHANUTE FIELD, RANTOUL, LL., FOR THE PURPOSE OF PURSUING A COURSE OF INSTRUCTION AT THE AIR CORPS TECHNICAL SCHOOL IN THE CLASS SCHEDULED TO COMMENCE JUNE 1, 1931. HAVING COMPLETED THE COURSE OF INSTRUCTION, PARAGRAPH 1, SPECIAL ORDERS NO. 60, HEADQUARTERS CHANUTE FIELD, RANTOUL, ILL., DATED MARCH 19, 1932, WAS ISSUED AS FOLLOWS:

1. PURSUANT TO AUTHORITY CONTAINED IN 1ST INDORSEMENT, AG 220.31 AIR CORPS (3-3-32) ENL., WAR DEPARTMENT, A.G.O., MARCH 8, 1932, THE FOLLOWING- NAMED ENLISTED MEN, HAVING COMPLETED THEIR COURSES OF INSTRUCTION IN AIRPLANE MECHANICS AT THE AIR CORPS TECHNICAL SCHOOL, WILL PROCEED FROM THIS STATION TO STATIONS INDICATED REPORTING UPON ARRIVAL TO THEIR RESPECTIVE COMMANDING OFFICERS FOR DUTY: MARCH FIELD, CALIF:

SERGEANT CLINTON H. DELCOUR, 6790511. 70TH SERV. SQDN.

UNDER THE PROVISIONS OF SECTION IV, AR 35-4820 DATED SEPTEMBER 24, 1928, THE ABOVE-NAMED MEN ARE AUTHORIZED TO TRAVEL IN PRIVATELY OWNED AUTOMOBILES AND ARE AUTHORIZED REIMBURSEMENT FOR ACTUAL RAIL DISTANCE FROM FORT MCDOWELL, CALIF., TO THEIR PROPER STATION.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE, AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITY QM 1600, P 54 0600, A 211 -2.

THE RECORDS ON FILE IN YOUR CASE SHOW THAT YOU PROCEEDED IN ACCORDANCE WITH YOUR ORDERS, BY PRIVATELY OWNED AUTOMOBILE, FROM CHANUTE, FIELD, ILL., TO MARCH FIELD, CALIF.; THAT YOU WERE PAID ON VOUCHER NO. 582, APRIL 1932, ACCOUNTS OF MAJOR O. W. GRALUND, FINANCE DEPARTMENT, UNITED STATES ARMY, THE SUM OF $16.17, REPRESENTING MILEAGE AT THE RATE OF 3 CENTS PER MILE FOR 539 MILES, THE DISTANCE FROM SAN FRANCISCO, CALIF., TO MARCH FIELD, CALIF.

THE COMMANDING OFFICER, CHANUTE FIELD, ILL., STATED IN EIGHTH INDORSEMENT OF OCTOBER 21, 1935, TO THE ADJUTANT GENERAL OF THE ARMY IN EXPLANATION OF THE ORDERS ISSUED TO YOU MARCH 19, 1932, AS FOLLOWS:

1. SOLDIER WAS AUTHORIZED TO RETURN TO HIS HOME STATION IN PRIVATELY OWNED CONVEYANCE AND TO BE REIMBURSED FOR THE TRAVEL PERFORMED BETWEEN SAN FRANCISCO, CALIFORNIA, AND MARCH FIELD, CALIFORNIA, ONLY, DUE TO THE FACT THAT TRANSPORTATION IN HIS CASE, AS RECOMMENDED IN PARAGRAPH 5, LETTER, CHIEF OF THE AIR CORPS, MARCH 3, 1932, SUBJECT: ORDERS, AND APPROVED BY 1ST INDORSEMENT, YOUR OFFICE DATED MARCH 8, 1932, FILE: AG 220.31 AIR CORPS (3-3-32) ENL., WAS FOR AIR TRANSPORTATION FROM CHANUTE FIELD, RANTOUL, ILLINOIS, TO BROOKLYN, NEW YORK, THENCE BY WATER TO SAN FRANCISCO, CALIFORNIA, THENCE BY RAIL TO HOME STATION, MARCH FIELD, CALIFORNIA.

THE LETTER OF THE CHIEF, AIR CORPS, UNITED STATES ARMY, DATED MARCH 3, 1932, REFERRED TO IN THE INDORSEMENT CITED ABOVE, IS, IN PART, AS FOLLOWS:

5. IT IS FURTHER RECOMMENDED THAT THE COMMANDING OFFICER, CHANUTE FIELD, BE AUTHORIZED TO RETURN THE FOLLOWING NUMBER OF ENLISTED MEN TO THEIR PROPER STATIONS:

TABLE

STATIONS: NUMBER OF MEN

FORT SILL (1) ------------------------------------1

CRISSY FIELD (2) --------------------------------- 2

MARCH FIELD (2) ---------------------------------- 3

TOTAL -------------------------------------- 6

(1) JOURNEY TO BE MADE BY RAIL.

(2) BY AIR TO NEW YORK; THENCE ON WATER TRANSPORT TO SAN FRANCISCO, CALIF., THENCE BY RAIL, TO THEIR PROPER STATIONS.

THE LETTER OF THE CHIEF, AIR CORPS, OF MARCH 3, 1932, WAS TRANSMITTED BY FIRST INDORSEMENT OF THE ADJUTANT GENERAL OF THE ARMY, DATED MARCH 8, 1932, TO THE COMMANDING GENERAL, SIXTH CORPS AREA, STATING AS FOLLOWS: APPROVED. ISSUE ORDERS. QM 1600, A 211-2.

THE PAYMENT OF 3 CENTS PER MILE IS AUTHORIZED ONLY WHERE THE "TRANSPORTATION IN KIND" WHICH WOULD HAVE BEEN FURNISHED BY THE GOVERNMENT WOULD REQUIRE A PAYMENT BY THE GOVERNMENT OF A CHARGE FOR THE FARE OF THE TRAVELER; IT DOES NOT AUTHORIZE PAYMENT FOR TRAVEL IN THE PRIVATELY-OWNED CONVEYANCE USED BY THE TRAVELER IN LIEU OF TRANSPORTATION IN GOVERNMENT- OWNED CONVEYANCES AVAILABLE AND AUTHORIZED TO BE USED BY THE TRAVELER. THAT IS, THE TRAVELER UNDER THIS STATUTE DOES NOT HAVE AN ELECTION BETWEEN GOVERNMENT-OWNED CONVEYANCE ORDERED TO BE USED AND HIS PRIVATELY-OWNED CONVEYANCE AT 3 CENTS PER MILE.

IT IS APPARENT FROM THE FOREGOING THAT HAD YOU NOT BEEN PERMITTED TO MAKE THE JOURNEY UNDER YOUR ORDERS IN YOUR PRIVATELY-OWNED AUTOMOBILE, YOU WOULD HAVE BEEN TRANSPORTED BY GOVERNMENT-OWNED AIRPLANE FROM CHANUTE FIELD, ILL., TO BROOKLYN, N.Y., THENCE BY ARMY TRANSPORT TO SAN FRANCISCO, CALIF., THENCE BY RAIL TO YOUR STATION, MARCH FIELD, CALIF.

THERE WOULD THEREFORE HAVE BEEN NO EXPENSE TO THE GOVERNMENT FOR TRANSPORTATION IN YOUR CASE, EXCEPT BY RAIL FROM SAN FRANCISCO, CALIF., TO MARCH FIELD, CALIF., FOR WHICH DISTANCE YOU HAVE BEEN PAID AS STATED ABOVE, ALL YOU ARE ENTITLED TO UNDER THE STATUTE. YOU ARE NOT ENTITLED TO THE MILEAGE CLAIMED. THE SETTLEMENT OF DECEMBER 12, 1935, WAS CORRECT AND IS SUSTAINED.