A-88524, SEPTEMBER 17, 1937, 17 COMP. GEN. 261

A-88524: Sep 17, 1937

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IS NOT ENTITLED TO PER DIEM FOR THE PERIOD BETWEEN THE RETURN AND THE DATE OF RESUMPTION OF A TRAVEL STATUS UNDER MODIFIED ORDERS. AS FOLLOWS: THERE IS FORWARDED HEREWITH FOR YOUR CONSIDERATION A LETTER. WITH STATEMENT THAT "NOT ALL UNAUTHORIZED STOPS OF ANY PERIOD HAVE BEEN EXPLAINED IN DETAIL. IN THE ENCLOSED COPY OF ORDERS TO LIEUTENANT MILLS IT IS STATED THAT "ANTICIPATED DUTY AT ANACOSTIA. WILL REQUIRE MORE THAN THREE DAYS.'. IS STATED TO HAVE BEEN "DUE TO ILLNESS. " HE NEVERTHELESS WAS ABLE TO RESUME THE RETURN JOURNEY. WAS PREVENTED FROM DOING SO BECAUSE OF BAD WEATHER. THIS CONNECTION PARTICULAR ATTENTION IS INVITED TO THE STATEMENT OF LIEUTENANT MILLS IN THE ENCLOSED 1ST INDORSEMENT OF APRIL 8.

A-88524, SEPTEMBER 17, 1937, 17 COMP. GEN. 261

SUBSISTENCE - PER DIEM - AIR TRAVEL - DELAY BECAUSE OF PERSONAL ILLNESS A NAVY OFFICER, UNDER ORDERS TO PROCEED BY AIR REQUIRING PERFORMANCE OF TEMPORARY DUTY PRIOR TO RETURN TO REGULAR STATION AND AUTHORIZING PER DIEM ALLOWANCE IN LIEU OF ACTUAL EXPENSES, WHO, WITHIN THE PERIOD OF AUTHORIZED TEMPORARY DUTY DELAY, AND AFTER COMPLETION OF THE TEMPORARY DUTY, RESUMES HIS JOURNEY, BUT RETURNS TO THE TEMPORARY DUTY STATION BY REASON OF PERSONAL ILLNESS, IS NOT ENTITLED TO PER DIEM FOR THE PERIOD BETWEEN THE RETURN AND THE DATE OF RESUMPTION OF A TRAVEL STATUS UNDER MODIFIED ORDERS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, SEPTEMBER 17, 1937:

THERE HAS BEEN RECEIVED A LETTER FROM THE ACTING SECRETARY OF THE NAVY DATED AUGUST 4, 1937, AS FOLLOWS:

THERE IS FORWARDED HEREWITH FOR YOUR CONSIDERATION A LETTER, DATED JULY 6, 1937, FROM THE DISBURSING OFFICER, U.S. NAVAL TRAINING STATION, NAVAL OPERATING BASE, NORFOLK, VA., WITH INCLOSURE AND ACCOMPANYING INDORSEMENTS, RELATIVE TO THE REFUSAL OF LIEUTENANT DELONG MILLS, U.S. NAVY, TO CONSENT TO THE REQUESTED CHECK AGE OF HIS PAY IN THE AMOUNT OF $66, WHICH SUM REPRESENTS PAYMENT OF PER DIEM FOR 11 DAYS MADE TO LIEUTENANT MILLS FOR THE PERIOD MARCH 30 TO APRIL 11, 1936, WHILE TRAVELING, VIA AIR, UNDER ORDERS WHICH REQUIRED THE PERFORMANCE OF TEMPORARY DUTY.

THE PER DIEM PAYMENT OF $66 MADE TO LIEUTENANT MILLS HAS BEEN SUSPENDED BY THE GENERAL ACCOUNTING OFFICE IN THE ACCOUNTS OF LIEUTENANT COMMANDER F. W. HATHAWAY, SUPPLY CORPS, U.S. NAVY, WITH STATEMENT THAT "NOT ALL UNAUTHORIZED STOPS OF ANY PERIOD HAVE BEEN EXPLAINED IN DETAIL. DELAY AT ANACOSTIA, D.C., FROM MAR. 30 TO APR. 11, 1936, IN EXCESS OF MAXIMUM ALLOWANCE OF 10 DAYS, THEREFORE NOT ENTITLED TO PAYMENT OF PER DIEM FOR 11 DAYS DURING PERIOD OF SUCH DELAY.'

IN THE ENCLOSED COPY OF ORDERS TO LIEUTENANT MILLS IT IS STATED THAT "ANTICIPATED DUTY AT ANACOSTIA, D.C., WILL REQUIRE MORE THAN THREE DAYS.' WHILE LIEUTENANT MILLS' RETURN TO ANACOSTIA ON APRIL 2, 1936, SHORTLY AFTER HIS DEPARTURE FROM THAT PLACE ON THE RETURN WESTERN TRIP, IS STATED TO HAVE BEEN "DUE TO ILLNESS," HE NEVERTHELESS WAS ABLE TO RESUME THE RETURN JOURNEY, VIA AIR, PRIOR TO THE EXPIRATION OF THE 11-DAY STOP AT ANACOSTIA, BUT WAS PREVENTED FROM DOING SO BECAUSE OF BAD WEATHER. THIS CONNECTION PARTICULAR ATTENTION IS INVITED TO THE STATEMENT OF LIEUTENANT MILLS IN THE ENCLOSED 1ST INDORSEMENT OF APRIL 8, 1937.

ON THE EVIDENCE HEREIN PRESENTED REVIEW IS REQUESTED OF THE ACTION OF THE GENERAL ACCOUNTING OFFICE IN SUSPENDING IN THE ACCOUNTS OF LIEUTENANT COMMANDER HATHAWAY, SUPPLY CORPS, THE 11 DAYS PER DIEM PAYMENT OF $66 MADE TO LIEUTENANT MILLS FOR THE PERIOD MARCH 30 TO APRIL 11, 1936.

BY ORDERS OF APRIL 18, 1936, ADDRESSED TO LIEUTENANT MILLS, U.S.S. CHICAGO, HE WAS DIRECTED TO PROCEED BY AIR FROM THE NAVAL AIR STATION, SAN DIEGO, CALIF., TO THE NAVAL AIR STATION, NORFOLK, VA., AND THENCE TO THE NAVAL AIR STATION, ANACOSTIA, D.C., FOR TEMPORARY DUTY UPON COMPLETION OF WHICH TO RETURN BY AIR AND RESUME HIS REGULAR DUTIES. THE ORDERS AUTHORIZED A PER DIEM OF $6 IN LIEU OF ACTUAL EXPENSES WHILE ABSENT FROM HIS STATION EXCEPT DURING SUCH PORTION OF THE JOURNEY AS TRAVEL WAS PERFORMED BY OTHER THAN AIR TRANSPORTATION. THE ORDERS FURTHER RECITED THAT "IT IS ANTICIPATED DUTY AT ANACOSTIA, D.C., WILL REQUIRE MORE THAN 3 DAYS.'

THE ITINERARY OF TRAVEL STATED ON THE VOUCHER SHOWS ARRIVAL AT ANACOSTIA, D.C., AT 3 P.M. MARCH 30, 1936, AND DEPARTURE THEREFROM AT 9:10 A.M. APRIL 11, 1936, WITH NOTATION "INCLEMENT WEATHER.' THE DISBURSING OFFICER DEDUCTED ALLOWANCE FOR 1 DAY AS IN EXCESS OF 10 DAYS AUTHORIZED DELAY AT ANACOSTIA, D.C. IN HIS PROTEST OF CHECK AGE OF HIS ACCOUNT TO REMOVE THE OVERPAYMENT, LIEUTENANT MILLS STATED THAT HE DEPARTED FROM ANACOSTIA, D.C., ON APRIL 2, 1936, BUT RETURNED TO ANACOSTIA ON THE SAME DATE DUE TO ILLNESS; THAT HIS PLANE WAS TURNED OVER TO ANOTHER PILOT AND HE WAS HELD OVER FOR THE NEXT TRIP. THIS WAS NOT SHOWN ON THE VOUCHER.

THIS RECORD SHOWS THAT LIEUTENANT MILLS COMPLETED DUTY AT ANACOSTIA, D.C., ON APRIL 2, 1936, AND RESUMED HIS JOURNEY ON THAT DATE BUT RETURNED THERETO ON THE SAME DATE BY REASON OF ILLNESS.

LIEUTENANT MILLS' ORDERS AUTHORIZED A STOP AT ANACOSTIA, D.C., IN EXCESS OF 3 DAYS FOR DUTY ONLY. HIS STOP THEREAT FROM MARCH 31 TO APRIL 2 WAS IN THE PERFORMANCE OF DUTY; BUT HIS SECOND STOP BY REASON OF HIS RETURN THERETO ON APRIL 2 ON ACCOUNT OF ILLNESS WAS NOT FOR PERFORMANCE OF DUTY AND TERMINATED THE CONTINUITY OF HIS FLIGHT STATUS ON THAT DATE, APRIL 2, 1936. HIS TRAVEL STATUS WAS NOT AGAIN RESUMED UNTIL APRIL 11, 1936, WHEN HE PROCEEDED UNDER HIS MODIFIED ORDERS. LIEUTENANT MILLS, THEREFORE, IS NOT ENTITLED TO TRAVEL EXPENSES FOR THE PERIOD APRIL 3 TO 10, 1936, INCLUSIVE, OR 8 DAYS. THE PERIOD THAT HE WAS ABSENT FROM HIS STATION IN AN AIR-TRAVEL STATUS UNDER HIS ORDERS AS MODIFIED WAS FROM MARCH 23 TO APRIL 2, 11 DAYS, AND FROM APRIL 11 TO 13, 3 DAYS, A TOTAL OF 14 DAYS, AND THE AMOUNT TO WHICH ENTITLED, $84. THE AMOUNT OF THE OVERPAYMENT ON THE VOUCHER IS $126, LESS $84, OR $42, WHICH IS THE AMOUNT HE SHOULD REFUND. THE AUDIT ACTION WILL BE MODIFIED REDUCING THE ALLOWABLE CREDIT ON THE VOUCHER TO $84.