A-87697, OCTOBER 11, 1937, 17 COMP. GEN. 321

A-87697: Oct 11, 1937

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

MILEAGE AND TRAVEL ALLOWANCE - ARMY RESERVE OFFICERS AND FLYING CADETS - RELIEF FROM ACTIVE DUTY WHILE AT HOME AND DISCHARGE INCIDENT TO CHANGE IN STATUS DURING SERVICE AN ARMY RESERVE OFFICER WHOSE TRAVEL HOME WAS INCIDENT TO A GRANT OF LEAVE AND FOR HIS OWN CONVENIENCE AND PLEASURE RATHER THAN IN COMPLIANCE WITH AN ORDER RELIEVING HIM FROM ACTIVE DUTY WHICH WAS MAILED TO AND RECEIVED BY HIM AT HIS HOME. IS NOT ENTITLED TO MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME. IS NOT A DISCHARGE FROM THE ARMY WITHIN THE MEANING OF THE ACT OF SEPTEMBER 22. THE ORIGINAL PLACE OF ENLISTMENT FOR FLYING CADET TRAINING WAS CHICAGO. TO WHERE I HAVE NOT RECEIVED REIMBURSEMENT OF TRAVEL. 2. THE UNDERSIGNED WAS ENLISTED AT CHICAGO.

A-87697, OCTOBER 11, 1937, 17 COMP. GEN. 321

MILEAGE AND TRAVEL ALLOWANCE - ARMY RESERVE OFFICERS AND FLYING CADETS - RELIEF FROM ACTIVE DUTY WHILE AT HOME AND DISCHARGE INCIDENT TO CHANGE IN STATUS DURING SERVICE AN ARMY RESERVE OFFICER WHOSE TRAVEL HOME WAS INCIDENT TO A GRANT OF LEAVE AND FOR HIS OWN CONVENIENCE AND PLEASURE RATHER THAN IN COMPLIANCE WITH AN ORDER RELIEVING HIM FROM ACTIVE DUTY WHICH WAS MAILED TO AND RECEIVED BY HIM AT HIS HOME, IS NOT ENTITLED TO MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME. THE DISCHARGE OF A FLYING CADET OF THE ARMY IN ORDER THAT HIS SERVICE IN THE ARMY MIGHT BE CONTINUED IN A DIFFERENT CAPACITY PURSUANT TO HIS AGREEMENT AT TIME OF ENLISTMENT, IS NOT A DISCHARGE FROM THE ARMY WITHIN THE MEANING OF THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, AUTHORIZING PAYMENT OF TRAVEL ALLOWANCE FROM PLACE OF DISCHARGE TO PLACE OF ACCEPTANCE TO ENLISTED MEN "DISCHARGED FROM THE SERVICE.'

ACTING COMPTROLLER GENERAL ELLIOTT TO SECOND LIEUTENANT ROBERT ASHMAN, UNITED STATES ARMY, OCTOBER 11, 1937:

THERE HAS BEEN RECEIVED YOUR FIRST ENDORSEMENT OF JULY 13, 1937, AS FOLLOWS:

1. REQUEST REVIEW OF THE DECISION OF FINANCE OFFICER, FORT MCARTHUR, SAN PEDRO, CALIF., IN FAVOR OF MY CLAIM FOR REIMBURSEMENT TRAVEL HOME, BASED ON THE PROVISIONS OF PAR. 4 N (2), AR 35-3420. THE ORIGINAL PLACE OF ENLISTMENT FOR FLYING CADET TRAINING WAS CHICAGO, ILL., TO WHERE I HAVE NOT RECEIVED REIMBURSEMENT OF TRAVEL.

2. THE UNDERSIGNED WAS ENLISTED AT CHICAGO, ILL., FOR TRAINING AT RANDOLPH FIELD, TEXAS, WHENCE TO CONTINUE TRAINING I WAS SENT TO KELLY FIELD, TEXAS, AND MARCH FIELD, CALIF. THE TOUR OF ACTIVE DUTY LASTED FOR ABOUT THREE YEARS.

YOUR LETTER IS ACCEPTED AS A CLAIM FOR MILEAGE INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS A SECOND LIEUTENANT, AIR CORPS RESERVE. YOU SUBMITTED A COPY OF SPECIAL ORDERS, NO. 95, DATED "WAR DEPARTMENT, APRIL 24, 1937," WHICH, BY PARAGRAPH 15 THEREOF, RELIEVED YOU FROM FURTHER ASSIGNMENT AND DUTY AT MARCH FIELD, CALIF., AT SUCH TIME AS WOULD ENABLE YOU TO ARRIVE AT YOUR HOME IN APPLETON, WIS., ON APRIL 29, 1937, AT WHICH DATE YOU WOULD REVERT TO INACTIVE STATUS.

IT APPEARS THAT YOU SUBMITTED TO LT. COL. W. M. DIXON, FINANCE DEPARTMENT, UNITED STATES ARMY, A VOUCHER COVERING MILEAGE FOR 2,800 MILES FROM MARCH FIELD, CALIF., TO APPLETON, WIS., FOR TRAVEL STATED AS PERFORMED PURSUANT TO SPECIAL ORDERS, NO. 95, DATED WAR DEPARTMENT, APRIL 24, 1937, WHICH ORDER WAS RECEIVED AT MARCH FIELD, CALIF., AND FORWARDED BY MAIL TO YOUR RESIDENCE ADDRESS. ATTACHED TO THE VOUCHER IS YOUR CERTIFICATE DATED JUNE 3, 1937, WHEREIN YOU CERTIFY THAT YOU RECEIVED SPECIAL ORDERS, NO. 95, RELIEVING YOU FROM ACTIVE DUTY IN THE FIRST WEEK OF MAY, WHILE YOU WERE ON A 30 DAYS' LEAVE OF ABSENCE FOR A VISIT TO YOUR HOME AT APPLETON, WIS.

THE ACT OF JUNE 4, 1920, 41 STAT. 776, PROVIDES THAT A RESERVE OFFICER "WHEN ON ACTIVE DUTY * * * SHALL RECEIVE THE SAME * * * ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY * * * AND MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME.' TO BE ENTITLED TO MILEAGE THERE MUST BE AN ORDER DIRECTING THE TRAVEL ISSUED IN CONNECTION WITH AND BEFORE RELIEF FROM ACTIVE DUTY AND THE TRAVEL DIRECTED MUST BE PERFORMED IN COMPLIANCE WITH THE ORDER. IT IS CLEAR THAT THE TRAVEL PERFORMED BY YOU FROM MARCH FIELD, CALIF., TO APPLETON, WIS., WAS NOT PURSUANT TO ORDERS BUT INCIDENT TO LEAVE GRANTED YOU AND FOR YOUR OWN CONVENIENCE AND PLEASURE. AT THE TIME YOU RECEIVED THE ORDERS YOU WERE AT YOUR HOME AND NO FURTHER TRAVEL WAS REQUIRED THEREUNDER. YOUR RELIEF FROM ACTIVE DUTY WHILE ON LEAVE OF ABSENCE IS SIMILAR TO A CHANGE OF STATION OF AN OFFICER WHILE ON LEAVE OF ABSENCE, AND THE ACT OF JUNE 12, 1906, 34 STAT. 247, PROVIDES IN THAT SITUATION AS FOLLOWS:

* * * WHEN THE STATION OF AN OFFICER IS CHANGED WHILE HE IS ON LEAVE OF ABSENCE HE WILL, ON JOINING THE NEW STATION, BE ENTITLED TO MILEAGE FOR THE DISTANCE TO THE NEW STATION FROM THE PLACE WHERE HE RECEIVED THE ORDER DIRECTING THE CHANGE, PROVIDED THE DISTANCE BE NO GREATER THAN FROM THE OLD TO THE NEW STATION; BUT IF THE DISTANCE BE GREATER HE WILL BE ENTITLED TO MILEAGE FOR A DISTANCE EQUAL TO THAT FROM THE OLD TO THE NEW STATION ONLY: * * *.

WHILE THE ACT OF JUNE 4, 1920, AUTHORIZES MILEAGE FROM THE LAST DUTY STATION TO THE OFFICER'S HOME, THAT ACT CONTEMPLATES RELIEF FROM DUTY WHILE AWAY FROM HOME. IT GIVES NO MORE RIGHT TO MILEAGE IN YOUR SITUATION THAN HAD YOUR DUTY STATION BEEN AT THE SAME PLACE AS YOUR HOME WHEN YOU WERE RELIEVED FROM ACTIVE DUTY. YOUR CLAIM FOR MILEAGE INCIDENT TO YOUR RELIEF FROM ACTIVE DUTY IS DISALLOWED.

THE ACT OF SEPTEMBER 22, 1922, 41 STAT. 1021, AUTHORIZED A TRAVEL ALLOWANCE OF 5 CENTS PER MILE FROM PLACE OF DISCHARGE TO PLACE OF ACCEPTANCE FOR ENLISTED MEN "DISCHARGED FROM THE SERVICE.' THE DISCHARGE OF A FLYING CADET DID NOT SEPARATE HIM FROM THE SERVICE BUT UNDER HIS AGREEMENT ENTERED INTO AT THE TIME OF ENLISTMENT HE CONTINUED TO SERVE IN A DIFFERENT CAPACITY. THE DECISIONS OF THIS OFFICE HAVE BEEN UNIFORM THAT AN ENLISTED MAN DISCHARGED FOR THE PURPOSE OF CONTINUING IN THE SERVICE IN A DIFFERENT CAPACITY IS NOT DISCHARGED FROM THE ARMY WITHIN THE MEANING OF THE ACT OF SEPTEMBER 22, 1922, 11 COMP. GEN. 391. YOUR CLAIM FOR TRAVEL PAY ON DISCHARGE AS FLYING CADET IS ALSO DISALLOWED.