A-83925, MARCH 22, 1937, 16 COMP. GEN. 879

A-83925: Mar 22, 1937

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MILEAGE - ARMY OFFICERS - TRAVEL BY HIGHWAY MILEAGE ALLOWANCE PAYABLE TO AN OFFICER OF THE ARMY TRAVELING BY GOVERNMENT OR PRIVATELY OWNED CONVEYANCE UNDER COMPETENT ORDERS WITHOUT TROOPS IS NOW FOR COMPUTATION UNDER ARMY REGULATIONS CHANGES PROMULGATED UNDER DATES OF DECEMBER 21. PROVIDED SUCH DISTANCES ARE NOT IN EXCESS OF THOSE SHOWN IN THE OFFICIAL MILEAGE TABLES OR W.D.F.D. THE TRAVEL WAS IN CONNECTION WITH THE PROSECUTION OF RIVER AND HARBOR WORKS FROM MILWAUKEE. IT WAS HELD IN DECISION OF AUGUST 2. THAT THE MILEAGE ALLOWANCE OF AN OFFICER OF THE ARMY TRAVELING BY PRIVATE AUTOMOBILE UNDER COMPETENT ORDERS WITHOUT TROOPS ON NON-MILITARY DUTY IS SUBJECT TO A REDUCTION FROM HIS MILEAGE ACCOUNT OF 3 CENTS PER MILE FOR THE LAND-GRANT DISTANCE INVOLVED IN THE COMPUTATION BASED ON THE DISTANCES PUBLISHED IN THE OFFICIAL MILEAGE TABLES.

A-83925, MARCH 22, 1937, 16 COMP. GEN. 879

MILEAGE - ARMY OFFICERS - TRAVEL BY HIGHWAY MILEAGE ALLOWANCE PAYABLE TO AN OFFICER OF THE ARMY TRAVELING BY GOVERNMENT OR PRIVATELY OWNED CONVEYANCE UNDER COMPETENT ORDERS WITHOUT TROOPS IS NOW FOR COMPUTATION UNDER ARMY REGULATIONS CHANGES PROMULGATED UNDER DATES OF DECEMBER 21, 1936, AND FEBRUARY 5, 1937, ON THE BASIS OF DISTANCE OF ACTUAL NECESSARY TRAVEL BY SUCH CONVEYANCES, PROVIDED SUCH DISTANCES ARE NOT IN EXCESS OF THOSE SHOWN IN THE OFFICIAL MILEAGE TABLES OR W.D.F.D. FORM NO. 46, PAYMENT IN NO CASE TO EXCEED THE AMOUNT THAT WOULD BE PAYABLE ON THE BASIS OF SUCH LATTER DISTANCES LESS DEDUCTION FOR LAND-GRANT INVOLVED BY THE ROUTE SO ESTABLISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO LT.COL. W. H. HOLCOMB, UNITED STATES ARMY, MARCH 22, 1937:

THERE HAS BEEN RECEIVED YOUR REQUEST OF JANUARY 27, 1937, FOR DECISION AS TO THE AMOUNT WHICH MAY BE PROPERLY PAID FOR MILEAGE ON A VOUCHER FOR$95.28 TRANSMITTED THEREWITH SHOWING 1,191 MILES TRAVEL PERFORMED BY YOU VIA PRIVATE AUTOMOBILE PER FORM 1012E ATTACHED--- 1,229 MILES LESS 38 MILES IN EXCESS OF THAT SHOWN ON FORM 46 AND IN OFFICIAL MILEAGE TABLES. THE TRAVEL WAS IN CONNECTION WITH THE PROSECUTION OF RIVER AND HARBOR WORKS FROM MILWAUKEE, WIS., TO VARIOUS POINTS IN THE MILWAUKEE ENGINEER DISTRICT AND RETURN TO YOUR PROPER STATION, THE SPEEDOMETER READINGS BETWEEN SOME OF THE POINTS BEING GREATER, AND BETWEEN OTHER OF THE PLACES BEING LESS, THAN THE DISTANCES ESTABLISHED BY THE OFFICIAL MILEAGE TABLES, OR WAR DEPARTMENT, F.D. FORM NO. 46, SOME OF WHICH ALSO INVOLVED LAND- GRANT DISTANCES.

IT WAS HELD IN DECISION OF AUGUST 2, 1933, 13 COMP. GEN. 31, THAT THE MILEAGE ALLOWANCE OF AN OFFICER OF THE ARMY TRAVELING BY PRIVATE AUTOMOBILE UNDER COMPETENT ORDERS WITHOUT TROOPS ON NON-MILITARY DUTY IS SUBJECT TO A REDUCTION FROM HIS MILEAGE ACCOUNT OF 3 CENTS PER MILE FOR THE LAND-GRANT DISTANCE INVOLVED IN THE COMPUTATION BASED ON THE DISTANCES PUBLISHED IN THE OFFICIAL MILEAGE TABLES. THE PRESENT SUBMISSION REQUIRES A CONSIDERATION OF THE QUESTION AS TO WHAT MODIFICATION OF THIS RULE IS EFFECTED BY THE CHANGES IN PARAGRAPH 1, ARMY REGULATIONS 35-4820, PROMULGATED BY CIRCULAR NO. 83, WAR DEPARTMENT, DATED DECEMBER 21, 1936, AS FOLLOWS:

C. WHEN TRAVEL IS PERFORMED BY GOVERNMENT OR PRIVATELY OWNED CONVEYANCE, PLACES BETWEEN WHICH THE TRAVEL WAS PERFORMED AND SPEEDOMETER READINGS REPRESENTING THE DISTANCES TRAVELED MUST BE SHOWN ON MILEAGE OR REIMBURSEMENT VOUCHERS WHICH WILL BE ACCEPTED AS PRIMA FACIE EVIDENCE OF THE CORRECTNESS OF SUCH DISTANCES, PROVIDED THAT WHERE SUCH DISTANCES ARE IN EXCESS OF THOSE SHOWN IN THE OFFICIAL MILEAGE TABLES OR W.D., F.D. FORM NO. 46 (REQUEST FOR OFFICIAL DISTANCE), COMPUTED AS PROVIDED IN A ABOVE, THE LATTER DISTANCES WILL GOVERN; PROVIDED FURTHER THAT WHERE SPEEDOMETER READINGS ARE NOT AVAILABLE, DISTANCES WILL BE COMPUTED ON THE BASIS OF THE SHORTEST USUALLY TRAVELED HIGHWAY DISTANCE BETWEEN THE POINTS OF TRAVEL AS SHOWN BY STANDARD HIGHWAY MILEAGE GUIDES SUCH AS THE PUBLICATIONS OF THE AMERICAN AUTOMOBILE ASSOCIATION OR THE RAND AND MCNALLY STANDARD HIGHWAY GUIDE.

FURTHER CHANGES IN THE SAME REGULATIONS WERE PROMULGATED BY CIRCULAR NO. 12, WAR DEPARTMENT, DATED FEBRUARY 5, 1937, ADDING SUBPARAGRAPH 1D, THAT:

D. DISTANCES WHICH INCLUDE LAND GRANT.--- IN MAKING PAYMENT FOR HIGHWAY TRAVEL WHERE LAND GRANT IS SHOWN VIA THE OFFICIAL MILEAGE TABLES BETWEEN THE POINTS OF SUCH TRAVEL, NO LAND-GRANT DEDUCTIONS, AS SUCH, WILL BE MADE. HOWEVER, PAYMENT FOR HIGHWAY TRAVEL WILL IN NO CASE EXCEED THE AMOUNT THAT WOULD BE PAYABLE HAD THE TRAVEL BEEN PERFORMED VIA THE OFFICIAL DISTANCE WITH APPROPRIATE LAND-GRANT DEDUCTIONS.

THE PROMULGATION OF THESE REGULATIONS IS IN PURSUANCE, OF THE PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, THAT IN THE COMPUTATION OF THE MILEAGE ALLOWANCE THE "DISTANCE SHALL BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE," AND OF THE AUTHORITY VESTED IN THE SECRETARY OF WAR BY THE ACT OF JUNE 12, 1906, 34 STAT. 246, AS FOLLOWS:

* * * PAYMENT AND SETTLEMENT OF MILEAGE ACCOUNTS OF OFFICERS SHALL BE MADE ACCORDING TO DISTANCES AND DEDUCTIONS COMPUTED OVER ROUTES ESTABLISHED AND BY MILEAGE TABLES PREPARED BY THE PAYMASTER-GENERAL OF THE ARMY UNDER THE DIRECTION OF THE SECRETARY OF WAR. * * *

AT THE TIME OF THE ENACTMENT OF THIS LATTER LAW OFFICIAL TRAVEL WAS LARGELY PERFORMED BY RAIL, AND THE OFFICIAL MILEAGE TABLES SHOW DISTANCES IN MOST CASES OVER RAILROAD ROUTINGS. WITH THE DEVELOPMENT OF HIGHWAYS AND WITH THE INCREASED USE OF GOVERNMENT AND PRIVATELY OWNED AUTOMOBILES, AND OTHER MODES OF CONVEYANCE, SUCH AS THE MOTORBUS, OFFICIAL TRAVEL IS NOW FREQUENTLY PERFORMED OVER PUBLIC HIGHWAYS. THE REGULATIONS AS CHANGED RECOGNIZE THIS GROWING MODE OF TRANSPORTATION AND AUTHORIZE THE COMPUTATION OF MILEAGE ACCOUNTS ON THE BASIS OF THE DISTANCE OF THE ACTUAL NECESSARY TRAVEL BY GOVERNMENT OR PRIVATELY OWNED CONVEYANCE, PROVIDED SUCH DISTANCES ARE NOT IN EXCESS OF THOSE SHOWN IN THE OFFICIAL MILEAGE TABLES OR W.D., F.D. FORM NO. 46, AND PROVIDED FURTHER THAT PAYMENT FOR HIGHWAY TRAVEL WILL IN NO CASE EXCEED THE AMOUNT THAT WOULD BE PAYABLE COMPUTED BY THE OFFICIAL MILEAGE TABLES INCLUSIVE OF ANY LAND-GRANT INVOLVED BY THE ROUTE ESTABLISHED BY THE OFFICIAL MILEAGE TABLES. THE EFFECT OF THE REGULATIONS IS TO ESTABLISH DISTANCES FOR THE PAYMENT OF MILEAGE FOR AUTOMOBILE TRAVEL OVER THE "SHORTEST" USUALLY TRAVELED ROUTES, AND COMPUTATION OF THE OFFICER'S MILEAGE ACCOUNT MAY LEGALLY BE MADE ON THE BASIS OF DISTANCES COMPUTED AS THEREIN SET OUT. GIVING APPLICATION TO SUCH RULE, THE PAYMENT OF MILEAGE IN THE CASE PRESENTED IS COMPUTED AS FOLLOWS:

* * * * * * * * * * * * * * (TABLE OMITTED) * * * * * * * * * * * * * *

IF OTHERWISE CORRECT PAYMENT MAY BE MADE ON THE VOUCHER RETURNED IN THE AMOUNT OF $90.83.