A-83717, MARCH 13, 1937, 16 COMP. GEN. 847

A-83717: Mar 13, 1937

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IS ENTITLED TO MILEAGE FOR TRAVEL INVOLVED NOTWITHSTANDING THE TRAVEL WAS PERFORMED BY GOVERNMENT AUTOMOBILE AND WAS COMPLETED DURING THE BUSINESS HOURS OF THE SAME DAY. YOUR UNDATED LETTER REQUESTING ADVANCE DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF MAJ. A BOARD OF OFFICERS IS APPOINTED TO MEET AT THE STATION INDICATED BELOW. SUCH TRAVEL AS IS NECESSARY IN THE CASE OF MAJOR COLE FROM NORFOLK. IS NECESSARY IN THE MILITARY SERVICE AND CHARGEABLE TO FD 1453 P 123-0620 A 085-7. DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE AND EXISTING LAWS PROVIDING * * * FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES.

A-83717, MARCH 13, 1937, 16 COMP. GEN. 847

MILEAGE - ARMY OFFICERS - ADDITIONAL TEMPORARY DUTY INVOLVING TRAVEL BY GOVERNMENT TRANSPORTATION AND INCONSIDERABLE DISTANCES AN ARMY OFFICER ASSIGNED TO TEMPORARY DUTY AT A PARTICULAR PLACE AWAY FROM HIS PLACE OF USUAL DUTY FOR THE PERFORMANCE OF DUTY NOT INCIDENT TO HIS REGULARLY ASSIGNED DUTIES, IS ENTITLED TO MILEAGE FOR TRAVEL INVOLVED NOTWITHSTANDING THE TRAVEL WAS PERFORMED BY GOVERNMENT AUTOMOBILE AND WAS COMPLETED DURING THE BUSINESS HOURS OF THE SAME DAY. CASES DISALLOWING MILEAGE FOR TRAVEL BY GOVERNMENT AUTOMOBILE, COMPLETED DURING THE BUSINESS HOURS OF THE SAME DAY, DISTINGUISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJ. E. M. FOSTER, UNITED STATES ARMY, MARCH 13, 1937:

THERE HAS BEEN RECEIVED BY THIRD INDORSEMENT OF THE ADJUTANT GENERAL, FEBRUARY 9, 1937, YOUR UNDATED LETTER REQUESTING ADVANCE DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF MAJ. HESTON R. COLE, CORPS OF ENGINEERS, UNITED STATES ARMY, IN THE AMOUNT OF $5.20, COVERING MILEAGE FOR TRAVEL PERFORMED FROM NORFOLK, VA., TO FORT MONROE, VA., AND RETURN, MAKING THE ROUND TRIP OF 26 MILES ON EACH OF THE DAYS OF NOVEMBER 16, 18, 20, AND 24, 1936, USING GOVERNMENT AUTOMOBILE AS TRANSPORTATION.

PARAGRAPH 28, SPECIAL ORDERS NO. 247, HEADQUARTERS, THIRD CORPS AREA, BALTIMORE, MD., DATED SEPTEMBER 30, 1936, DIRECTED THAT---

UNDER THE PROVISIONS OF PARAGRAPH 27 AR 605-5, A BOARD OF OFFICERS IS APPOINTED TO MEET AT THE STATION INDICATED BELOW, AT 9 A.M., ON THE DATES AS SET FORTH IN CIRCULAR NO. 50, WAR DEPARTMENT, 1936, (PHYSICAL EXAMINATION AND PART I, NOVEMBER 16, 1936; PART II, NOVEMBER 18, 1936, AND PROFESSIONAL, NOVEMBER 20, 1936), FOR THE PURPOSE OF CONDUCTING THE FINAL EXAMINATION OF CANDIDATES FOR APPOINTMENT AS SECOND LIEUTENANTS, CORPS OF ENGINEERS, REGULAR ARMY:

DETAIL FOR THE BOARDS

FORT MONROE, VA.:

MAJOR SAM F. PARKER, M.C., FORT MONROE, VA.

MAJOR HESTON R. COLE, C.E., POST OFFICE AND COURT HOUSE, NORFOLK,

VA.

CAPTAIN RAY E. DINGEMAN, 51ST C.A., FORT MONROE, VA.

FIRST LIEUT. OLAF H. KYSTER, JR., 52ND C.A., FORT MONROE, VA.

SUCH TRAVEL AS IS NECESSARY IN THE CASE OF MAJOR COLE FROM NORFOLK, VA., TO FORT MONROE, VA., AND RETURN, IS NECESSARY IN THE MILITARY SERVICE AND CHARGEABLE TO FD 1453 P 123-0620 A 085-7.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED BY THE ACT OF JUNE 1, 1926, 44 STAT. 680, 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 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, BUT IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AS DETERMINED BY THE HEAD OF THE EXECUTIVE DEPARTMENT CONCERNED, HE MAY, IN HIS DISCRETION, DIRECT THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED. * * *

THE ACT OF JUNE 12, 1906, 34 STAT. 246, PROVIDES FOR THE DEDUCTION OF3 CENTS PER MILE IN THE SETTLEMENT OF AN OFFICER'S MILEAGE ACCOUNT FOR TRANSPORTATION FURNISHED. THESE PROVISIONS IN THE MILEAGE LAWS HAVE CONTINUED SUBSTANTIALLY THE SAME FOR MANY YEARS. IT WOULD APPEAR, HOWEVER, BY THE SUBMISSION OF THE INSTANT CASE, AND THE CITATION, BY THE CHIEF OF FINANCE, OF CERTAIN CLAIMS SETTLEMENTS AND RECENT DECISIONS AND HIS COMMENTS IN CONNECTION THEREWITH THAT THERE IS SOME CONFUSION AS TO THE APPLICATION OF THE STATUTE WHERE TRAVEL WAS PERFORMED BY MEANS OF A GOVERNMENT AUTOMOBILE AND WAS COMPLETED THE SAME DAY.

GENERALLY, IT MAY BE OBSERVED THAT DECISIONS ARE TO THE EFFECT THAT: FIRST, WHERE THE DUTY ASSIGNED IS POSSIBLE OF PERFORMANCE ONLY BY MOVEMENT, NOTWITHSTANDING MOVEMENT IN THE NATURE OF TRAVEL MAY BE INVOLVED, IT HAS BEEN UNIFORMLY HELD THAT PAYMENT OF MILEAGE IS NOT AUTHORIZED. 19 COMP. DEC. 17; 26 ID. 81, AND 226; 1 COMP. GEN. 461. SECOND, WHERE TRAVEL IS INVOLVED IN THE PERFORMANCE OF THE OFFICER'S USUAL DUTIES IN THE DISTRICT TO WHICH ASSIGNED WHERE THE DISTANCE IS INCONSIDERABLE, GOVERNMENT TRANSPORTATION IS PROVIDED FOR THE PERFORMANCE OF THE ASSIGNED DUTY AND THE ABSENCE FROM THE STATION IS DURING THE ORDINARY BUSINESS HOURS OF THE DAY, PAYMENT OF MILEAGE IS NOT AUTHORIZED. 4 COMP. DEC. 86; 25 ID. 575; 1 COMP. GEN. 629. THIRD, WHERE AN OFFICER IS ASSIGNED TEMPORARY DUTY AT A PARTICULAR PLACE AWAY FROM THE PLACE WHERE HIS USUAL DUTIES ARE PERFORMED, FOR THE PERFORMANCE OF ADDITIONAL SPECIFIED DUTIES, NOT INCIDENT TO HIS REGULARLY ASSIGNED DUTIES, THE STATUTE AUTHORIZES PAYMENT OF MILEAGE. 27 COMP. DEC. 722, AND DECISIONS CITED.

IN THE CASE OF COL. LOUIS FARRELL, TO WHICH REFERENCE WAS MADE, CONSIDERED IN DECISION A-74361, JUNE 1, 1936, IT WAS HELD THAT MILEAGE WAS NOT PAYABLE WHERE THE FACTS SHOWED THE PERFORMANCE OF ROUTINE DUTIES WITHIN THE DISTRICT TO WHICH ASSIGNED, THAT TRAVEL WAS PERFORMED BY GOVERNMENT AUTOMOBILE FROM FORT GEORGE WRIGHT, WASH., TO C.C.C. CAMP BR-48 AND RETURN DURING THE ORDINARY BUSINESS HOURS OF THE DAY, UNDER ORDERS DIRECTING AN ADMINISTRATIVE AND SANITARY INSPECTION. SPECIFIC REFERENCE WAS MADE THEREIN TO THE CONTROLLING DECISIONS.

OTHER CASES REFERRED TO INVOLVED CLAIMS SETTLEMENTS, IN CONNECTION WITH WHICH NO REVIEWS HAVE BEEN REQUESTED. THE REFERENCE TO THESE CASES NECESSITATES NO REVIEW OF THEM AND THE FACTS IN SUCH CASES ARE HERE SET OUT MERELY TO SHOW THE APPLICABLE RULES. THE CASE OF MAJOR WENTWORTH MOSS, SETTLEMENT NO. 0396263, APRIL 4, 1936, INVOLVED THE PERFORMANCE OF ROUTINE DUTY WITHIN THE DISTRICT TO WHICH ASSIGNED, GOVERNMENT AUTOMOBILE AND CHAUFFEUR WERE FURNISHED AND THE COMMANDING OFFICER DIRECTING THE TRAVEL MADE A DETERMINATION IN THE ORDERS THAT THE OFFICER WOULD BE PUT TO NO EXPENSE BY THE PERFORMANCE OF THE TRAVEL AND DIRECTED THAT PAYMENT OF MILEAGE WAS NOT AUTHORIZED. THIS SETTLEMENT WAS MADE PRIOR TO THE DECISION A-79048, AUGUST 19, 1936, 16 COMP. GEN. 154, COVERING A SIMILAR CLAIM, AND SUCH CLAIMS SETTLEMENT, WHICH MAY HAVE BEEN IMPROVIDENTLY MADE, IS NOT AUTHORITY FOR THE ALLOWANCE OF MILEAGE, IN UNSETTLED CLAIMS WITH THE SAME STATE OF FACTS. THE CLAIM OF MAJOR GENERAL GIBBINS, THE QUARTERMASTER GENERAL, FOR MILEAGE FOR TRAVEL PERFORMED FROM WASHINGTON, D.C., TO BALTIMORE, MD., UNDER ORDERS FROM THE SECRETARY OF WAR DIRECTING THE PERFORMANCE OF TEMPORARY DUTY AT BALTIMORE FOR THE PURPOSE OF INSPECTING A SITE FOR NATIONAL CEMETERY FACILITIES, AND UPON COMPLETION OF THE ASSIGNED DUTY TO RETURN TO HIS PROPER STATION. THIS CLAIM WAS ALLOWED UNDER THE THIRD CONDITION ABOVE AND IN ACCORD WITH 27 COMP. DEC. 722. THE CLAIM OF COL. KARL TRUESDELL, FOR MILEAGE COVERING TRAVEL PERFORMED FROM FORT HUMPHREYS, VA., TO WARRENTON, VA., THENCE TO THE PLAINS, VA., THENCE RETURN TO FORT HUMPHREYS, VA., FOR DUTY IN CONNECTION WITH THE ARMY WAR COLLEGE FIELD EXERCISE, F.Y. 1936, WHICH IS REFERRED TO AS UNSETTLED, WAS DISALLOWED BY SETTLEMENT NO. 0600695, DATED SEPTEMBER 21, 1936. THIS TRAVEL, IT WOULD APPEAR, FALLS WITHIN THE RULE COVERED BY THE FIRST CONDITION ABOVE, AND IS MORE SPECIFICALLY COVERED BY A-32707, OCTOBER 4, 1930, TO THE SECRETARY OF THE NAVY.

THE DECISIONS DENYING PAYMENT OF MILEAGE UNIFORMLY HAVE BEEN CASES WHERE THE FACTS BRING THEM WITHIN THE FIRST AND SECOND CONDITIONS HEREIN SET OUT, AND WHERE THE FACTS BRING THE CASE WITHIN THE THIRD CONDITION THE DECISIONS HAVE UNIFORMLY ALLOWED PAYMENT OF MILEAGE, NOTWITHSTANDING THE TRAVEL WAS PERFORMED BY GOVERNMENT AUTOMOBILE, AND WAS COMPLETED DURING THE BUSINESS HOURS OF THE SAME DAY. GIVING APPLICATION TO SUCH RULE IN THE CASE OF MAJOR COLE, HE IS ENTITLED TO MILEAGE, AND, IF OTHERWISE CORRECT, PAYMENT MAY BE MADE ON THE VOUCHER WHICH IS RETURNED.