A-88626, SEPTEMBER 9, 1937, 17 COMP. GEN. 229

A-88626: Sep 9, 1937

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THE TEMPORARY DUTY WAS PERFORMED WITHIN THE TIME LIMIT PRESCRIBED. ONE OF THE PARTICIPANTS WAS SUBSEQUENTLY OBLIGED TO RETURN TO HIS PROPER STATION BY RAIL BECAUSE OF HIS PHYSICAL CONDITION. HE IS ENTITLED TO PER DIEM UNTIL COMPLETION OF THE DUTIES ASSIGNED AND DEPARTURE OF THE PLANE. FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF SGT. A DELAY NOT EXCEEDING 15 DAYS AND PER DIEM OF $5 WAS AUTHORIZED BY THE ORDERS. WAS REQUIRED TO RETURN TO LANGLEY FIELD BY RAIL. THE TEMPORARY DUTY ASSIGNED CLAIMANT AT WRIGHT FIELD WAS PERFORMED WITHIN THE TIME LIMIT PRESCRIBED IN THE ORDERS. THERE IS NO AUTHORITY FOR PAYMENT OF CONSTRUCTIVE AIR TRAVEL FROM WRIGHT FIELD TO LANGLEY FIELD.

A-88626, SEPTEMBER 9, 1937, 17 COMP. GEN. 229

SUBSISTENCE--- PER DIEMS--- AIR TRAVEL--- RETURN FROM TEMPORARY DUTY STATION BY RAIL BECAUSE OF PHYSICAL CONDITION WHERE, UNDER ORDERS TO PROCEED BY AIR TO A DESIGNATED PLACE FOR TEMPORARY DUTY AUTHORIZING PER DIEM IN LIEU OF SUBSISTENCE AND A DELAY NOT EXCEEDING FIFTEEN DAYS, THE TEMPORARY DUTY WAS PERFORMED WITHIN THE TIME LIMIT PRESCRIBED, BUT ONE OF THE PARTICIPANTS WAS SUBSEQUENTLY OBLIGED TO RETURN TO HIS PROPER STATION BY RAIL BECAUSE OF HIS PHYSICAL CONDITION, HE IS ENTITLED TO PER DIEM UNTIL COMPLETION OF THE DUTIES ASSIGNED AND DEPARTURE OF THE PLANE, BUT NOT FOR CONSTRUCTIVE AIR TRAVEL TIME FOR RETURN TO HIS PROPER STATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO CAPTAIN R. K. LE BROU, UNITED STATES ARMY, SEPTEMBER 9, 1937:

THERE HAS BEEN RECEIVED YOUR REQUEST OF JULY 15, 1937, FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF SGT. JACK A. FRANSKE, TWENTIETH BOMBARDMENT SQUADRON, AIR CORPS, LANGLEY FIELD, VA., IN THE AMOUNT OF $66.25, COVERING HIS CLAIM FOR PER DIEM AT THE RATE OF $5 FOR THE PERIOD 11:25 A.M., NOVEMBER 30, 1936, TO 1:45 M., DECEMBER 13, 1936.

OPERATIONS ORDER NO. 167, HEADQUARTERS SECOND BOMBARDMENT GROUP, DATED NOVEMBER 27, 1936, DIRECTED TWO OFFICERS AND SERGEANT FRANSKE, MECHANIC, TO PROCEED BY AIR ON OR ABOUT NOVEMBER 30, 1936, FROM LANGLEY FIELD, VA., TO WRIGHT FIELD, DAYTON, OHIO, FOR THE PURPOSE OF PARTICIPATING IN BOMBSIGHT TESTS, AND UPON COMPLETION OF SUCH DUTY TO RETURN BY AIR TO THEIR PROPER STATION. A DELAY NOT EXCEEDING 15 DAYS AND PER DIEM OF $5 WAS AUTHORIZED BY THE ORDERS. THE OFFICER ACCOMPANIED BY CLAIMANT DEPARTED FROM LANGLEY FIELD BY AIR AT 11:25 A.M., NOVEMBER 30, 1936, AND ARRIVED AT WRIGHT FIELD AT 3:05 P.M. THE SAME DAY. CLAIMANT, UPON RECOMMENDATION OF THE FLIGHT SURGEON AT WRIGHT FIELD, BECAUSE OF A PHYSICAL CONDITION FOR WHICH HE RECEIVED OUT-PATIENT TREATMENT IN THE DISPENSARY, WAS REQUIRED TO RETURN TO LANGLEY FIELD BY RAIL. HE DEPARTED FROM WRIGHT FIELD AT 4 P.M., DECEMBER 16, 1936, AND ARRIVED AT LANGLEY FIELD AT 11 A.M., DECEMBER 17, 1936. THE CLAIM INCLUDES PAYMENT TO THE DATE AND HOUR OF THE ARRIVAL OF THE PLANE AT LANGLEY FIELD.

THE TEMPORARY DUTY ASSIGNED CLAIMANT AT WRIGHT FIELD WAS PERFORMED WITHIN THE TIME LIMIT PRESCRIBED IN THE ORDERS, AND THE NECESSITY TO RETURN BY RAIL DUE TO THE CONDITION OF HIS HEALTH DID NOT TERMINATE HIS "AIR-TRAVEL" STATUS UNTIL THE TIME OF THE COMPLETION OF THE DUTIES ASSIGNED AND THE DEPARTURE OF THE AIRPLANE. THERE IS NO AUTHORITY FOR PAYMENT OF CONSTRUCTIVE AIR TRAVEL FROM WRIGHT FIELD TO LANGLEY FIELD. ACCORDINGLY, PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH, IF OTHERWISE CORRECT, OF PER DIEM AT THE RATE OF $5 FROM 11:25 A.M., NOVEMBER 30, 1936, TO 11 A.M., DECEMBER 13, 1936, TIME OF DEPARTURE FROM WRIGHT FIELD OF THE AIRPLANE IN WHICH HE WOULD HAVE TRAVELED HAD HIS HEALTH PERMITTED.