A-8891, APRIL 15, 1925, 4 COMP. GEN. 853

A-8891: Apr 15, 1925

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IS PAYABLE ONLY FOR THE DAYS ACTUALLY SPENT IN TRAVEL BY AIR FROM THE PERMANENT STATION TO THE BASING POINT FROM WHICH THE SURVEYS ARE TO BE MADE. IS PAYABLE FOR THE ACTUAL TIME SPENT IN MAKING AERIAL SURVEYS FROM OTHER THAN THE PERMANENT STATION AND FOR TRAVEL PERFORMED OTHER THAN BY AIR BETWEEN THE PLACE WHERE THE SURVEYS ARE MADE AND THE PERMANENT STATION. $6 PER DIEM IS NOT AUTHORIZED FOR ANY DAY FOR WHICH THE $7 RATE IS PAYABLE AND NEITHER THE $6 NOR THE $7 PER DIEM IS AUTHORIZED WHEN THE PERMANENT STATION IS USED AS THE BASE. 1925: I HAVE YOUR LETTER OF APRIL 3. " WITH REQUEST FOR AN EXPRESSION OF VIEWS AS TO WHETHER THE PROPOSED CHANGES IN SO FAR AS THEY INVOLVE DISBURSEMENTS ARE IN CONFORMITY WITH LAW.

A-8891, APRIL 15, 1925, 4 COMP. GEN. 853

PER DIEM ALLOWANCES FOR AERIAL SURVEYS - NAVY THE PAYMENT OF THE $7 PER DIEM ALLOWANCE TO OFFICERS AND ENLISTED MEN OF THE NAVY AUTHORIZED BY THE ACT OF MARCH 3, 1925, 43 STAT. 1190, FOR TRAVEL BY AIR IN CONNECTION WITH AERIAL SURVEY DUTY, IS PAYABLE ONLY FOR THE DAYS ACTUALLY SPENT IN TRAVEL BY AIR FROM THE PERMANENT STATION TO THE BASING POINT FROM WHICH THE SURVEYS ARE TO BE MADE, AND RETURN, AND FOR TRAVEL BY AIR PURSUANT TO COMPETENT ORDERS CREATING A TRAVEL STATUS. THE $6 PER DIEM ALLOWANCE AUTHORIZED BY SAID ACT FOR THE TIME CONSUMED IN MAKING AERIAL SURVEYS, IS PAYABLE FOR THE ACTUAL TIME SPENT IN MAKING AERIAL SURVEYS FROM OTHER THAN THE PERMANENT STATION AND FOR TRAVEL PERFORMED OTHER THAN BY AIR BETWEEN THE PLACE WHERE THE SURVEYS ARE MADE AND THE PERMANENT STATION, BUT $6 PER DIEM IS NOT AUTHORIZED FOR ANY DAY FOR WHICH THE $7 RATE IS PAYABLE AND NEITHER THE $6 NOR THE $7 PER DIEM IS AUTHORIZED WHEN THE PERMANENT STATION IS USED AS THE BASE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, APRIL 15, 1925:

I HAVE YOUR LETTER OF APRIL 3, 1925, SUBMITTING PROPOSED CHANGE IN SECTION F, OF "INSTRUCTIONS FOR CARRYING INTO EFFECT THE JOINT SERVICE PAY BILL, ACT OF JUNE 10, 1922," WITH REQUEST FOR AN EXPRESSION OF VIEWS AS TO WHETHER THE PROPOSED CHANGES IN SO FAR AS THEY INVOLVE DISBURSEMENTS ARE IN CONFORMITY WITH LAW.

IT IS PROPOSED TO STRIKE OUT PARAGRAPH 15 ON PAGE F-13, NOW OBSOLETE, AND SUBSTITUTE THEREFOR THE FOLLOWING:

15 (A). TO COVER ACTUAL ADDITIONAL EXPENSES TO WHICH FLIERS ARE SUBJECTED WHEN MAKING AERIAL SURVEYS, HEREAFTER A PER DIEM OF $7 IN LIEU OF OTHER TRAVEL ALLOWANCES SHALL BE PAID TO OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE ARMY, NAVY, AND MARINE CORPS FOR THE ACTUAL TIME CONSUMED WHILE TRAVELING BY AIR, UNDER COMPETENT ORDERS, IN CONNECTION WITH AERIAL SURVEYS OF RIVERS AND HARBORS, OR OTHER GOVERNMENTAL PROJECTS, AND A PER DIEM OF $6 FOR THE ACTUAL TIME CONSUMED IN MAKING SUCH AERIAL SURVEYS, TO BE PAID FROM APPROPRIATIONS AVAILABLE FOR THE PARTICULAR IMPROVEMENT OR PROJECT FOR WHICH THE SURVEY IS BEING MADE: PROVIDED, THAT NOT MORE THAN ONE OF THE PER DIEM ALLOWANCES AUTHORIZED IN THIS SECTION SHALL BE PAID FOR ANY ONE DAY. (ACT MARCH 3, 1925.)

(B) FOR THE PURPOSE OF ALLOWING SUCH ADDITIONAL EXPENSES, TRAVEL TIME SHALL BEGIN WITH THE DAY AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN LEAVES HIS PERMANENT STATION, AND SHALL END WITH THE DAY OF HIS RETURN TO HIS PERMANENT STATION. A TRAVEL DAY SHALL BEGIN AT 12 MIDNIGHT PRECEDING THE TIME OF DEPARTURE, AND THE PERIOD OF TRAVEL EXPIRES WITH 12 MIDNIGHT FOLLOWING THE TIME OF RETURN. FOR THE PURPOSE OF CREDITING SUCH PER DIEM ALLOWANCES, A FRACTIONAL PART OF A DAY SHALL CONSTITUTE ONE DAY.

(C) ACTUAL TIME CONSUMED WHILE TRAVELING FOR WHICH A PER DIEM OF SEVEN DOLLARS SHALL BE PAID SHALL INCLUDE AERIAL TRAVEL TO AND FROM PLACES WHERE AERIAL SURVEYS ARE TO BE MADE, AND ALSO AERIAL TRAVEL TO AND FROM PERMANENT STATION. WHERE TRAVEL IS PERFORMED BY ANY MODE OF TRANSPORTATION OTHER THAN AIR TO AND FROM PLACES WHERE AERIAL SURVEYS ARE TO BE MADE, OR TO AND FROM PERMANENT STATION, TRANSPORTATION IN KIND WILL BE FURNISHED AND THE SIX DOLLARS PER DIEM WILL BE PAID FOR THE ENTIRE PERIOD OF SUCH TRAVEL, AS WELL AS FOR THE TIME SPENT IN MAKING THE AERIAL SURVEYS. IF IT IS IMPRACTICABLE FOR TRANSPORTATION IN KIND TO BE FURNISHED, REIMBURSEMENT WILL BE MADE ON THE BASIS OF WHAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED SUCH TRANSPORTATION.

(D) AN INDORSEMENT SHALL BE PLACED ON THE ORIGINAL ORDERS SHOWING THE HOUR AND DATE OF DEPARTURE FROM PERMANENT STATION AND HOUR AND DATE OF ARRIVAL AT EACH PLACE OR PLACES WHERE AERIAL SURVEYS ARE TO BE MADE, ALSO THE HOUR AND DATE OF DEPARTURE FROM PLACE WHERE SURVEYS ARE MADE AND HOUR AND DATE OF ARRIVAL AT PERMANENT STATION.

(E) IT WILL BE NOTED THAT WHERE THE SEVEN DOLLAR PER DIEM IS PAID FOR TRAVEL TO AND FROM THE PLACE WHERE THE SURVEY IS TO BE MADE, THE SIX DOLLAR PER DIEM COMMENCES WITH THE DAY FOLLOWING THE DAY OF ARRIVAL AT THE PLACE WHERE THE SURVEYS ARE TO BE MADE AND CONTINUES THROUGH THE DAY PRECEDING THE DAY OF DEPARTURE.

(F) CLAIMS FOR SUCH ALLOWANCES SHALL BE SUBMITTED TO THE BUREAU OF SUPPLIES AND ACCOUNTS ON STANDARD FORM 1012, REIMBURSEMENT VOUCHER, ACCOMPANIED BY ORIGINAL ORDERS AND TWO CERTIFIED COPIES. IN VIEW OF THE FACT THAT THIS IS A PER DIEM ALLOWANCE IT IS NOT NECESSARY TO FURNISH RECEIPTS.

THE PROPOSED INSTRUCTIONS ARE FOR CARRYING OUT THE PROVISION OF SECTION 5 OF THE ACT ,AUTHORIZING THE CONSTRUCTION, REPAIR, AND PRESERVATION OF CERTAIN PUBLIC WORKS ON RIVERS AND HARBORS, AND FOR OTHER PURPOSES," APPROVED MARCH 3, 1925, 43 STAT. 1190. PARAGRAPH 15 (A) SETS OUT THE SECTION IN FULL.

THREE CONDITIONS ARE REQUISITE TO THE RECEIPT OF THE PER DIEM ALLOWANCE: (1) THE OFFICERS AND MEN MUST BE ASSIGNED SPECIFICALLY TO THE PERFORMANCE OF AERIAL SURVEY DUTY; (2) THE DUTY MUST BE UPON PROJECTS OTHER THAN THOSE PERTAINING TO THE NAVAL OR MILITARY SERVICES PROPER; (3) THE PROJECTS MUST BE AUTHORIZED EITHER THROUGH ENACTMENTS PROVIDING FOR SUCH ACTIVITIES GENERALLY OR THROUGH SPECIFIC ENACTMENTS AUTHORIZING THE CARRYING OUT OF THE PARTICULAR PROJECT.

IN VIEW OF THE PROVISION OF SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, GRANTING TO OFFICERS AND MEN DETAILED TO DUTY INVOLVING FLYING CERTAIN ALLOWANCES FOR TRAVELING EXPENSES, THOSE ALLOWANCES WILL GOVERN FOR TRAVEL IN THE PERFORMANCE OF MILITARY OR NAVAL DUTY. THE ALLOWANCES PROVIDED IN SECTION 5 OF THE ACT OF MARCH 3, 1925, ARE AUTHORIZED ONLY WHEN THE OFFICER OR MAN IS ASSIGNED TO DUTY OTHERWISE, AND ARE NOT A SUBSTITUTE FOR THE ALLOWANCES PROVIDED IN THE 1922 LAW.

AS SECTION 5 OF THE ACT OF MARCH 3, 1925, SPECIFICALLY PROVIDES THAT THE ALLOWANCES THEREIN FIXED ARE "TO BE PAID FROM APPROPRIATIONS AVAILABLE FOR THE PARTICULAR IMPROVEMENT OR PROJECT FOR WHICH THE SURVEY IS BEING MADE," IT IS QUITE EVIDENT THAT THE DEPARTMENTS OR BRANCHES REQUESTING THE SERVICE MUST HAVE APPROPRIATIONS AVAILABLE FOR CARRYING ON WORK OF THE CHARACTER UPON WHICH IT IS PROPOSED TO EMPLOY THE FLIERS.

FROM THE WORDING OF SECTION 5 OF THE ACT OF MARCH 3, 1925, IT APPEARS THAT THE $7 PER DIEM IS TO COVER EXPENSES OF AERIAL TRAVEL INVOLVED IN PROCEEDING TO THE BASING POINT OR LOCALITY OF THE SURVEY AND IN RETURNING UPON COMPLETION THEREOF AND ANY ORDERED TRAVEL IN CONNECTION WITH THE SURVEY. DAILY FLIGHTS FROM THE BASING POINT TO THE LOCATIONS OF THE SURVEY AND RETURN DURING THE CONTINUANCE OF THE OPERATION ARE NOT AERIAL TRAVEL WITHIN THE MEANING OF THE LAW APPLICABLE TO THE $7 RATE, SUCH TRAVEL BEING WITHIN THE TERMS "THE ACTUAL TIME CONSUMED IN MAKING SUCH AERIAL SURVEYS" AND TO WHICH THE $6 RATE APPLIES. WERE IT OTHERWISE, WITH THE DAY INDIVISIBLE, A FLIGHT FROM BASE TO LOCATION OF SURVEY AND RETURN TO BASE LATER IN THE DAY WITH SIMILAR PERFORMANCE IN SUCCEEDING DAYS WOULD MAKE EACH DAY ONE OF AERIAL TRAVEL AT THE $7 RATE, AND DEFEAT THE PURPOSE OF THE LAW TO MAKE PAYABLE THE $6 RATE DURING THE MAKING OF THE SURVEY.

FOR REASON ABOVE STATED, THE FOLLOWING SHOULD BE SUBSTITUTED FOR PARAGRAPH (C):

(C) THE SEVEN DOLLAR PER DIEM ALLOWANCE IS PAYABLE FOR THE ACTUAL TIME CONSUMED IN AERIAL TRAVEL FROM THE OFFICER'S PERMANENT STATION TO THE AREA IN WHICH THE SURVEY IS TO BE MADE OR BASING POINT FROM WHICH FLIGHTS WILL BE MADE IN THE CONDUCT OF THE SURVEY, AND FOR RETURN AERIAL TRAVEL TO THE OFFICER'S PERMANENT STATION UPON TERMINATION OF THE DETAIL TO THE SURVEY DUTY AND FOR ANY AIR TRAVEL PERFORMED IN CONNECTION WITH THE SURVEY PURSUANT TO ORDERS WHICH CREATE A TRAVEL STATUS. ALLOWANCE IS NOT PAYABLE WHEN THE PERMANENT STATION OF THE OFFICER OR MAN IS USED AS A BASE DURING THE CONTINUANCE OF THE SURVEY. THE SIX DOLLAR PER DIEM IS PAYABLE FOR ACTUAL TIME SPENT IN MAKING THE AERIAL SURVEY WHEN OPERATING FROM A BASE OTHER THAN PERMANENT STATION. WHERE TRAVEL IS PERFORMED BY ANY MODE OF TRANSPORTATION OTHER THAN AIR TO AND FROM PLACES WHERE AERIAL SURVEYS ARE TO BE MADE, OR TO OR FROM PERMANENT STATION, TRANSPORTATION IN KIND WILL BE FURNISHED AND THE SIX DOLLAR PER DIEM WILL BE PAID FOR THE ENTIRE PERIOD OF SUCH TRAVEL, AS WELL AS FOR THE TIME SPENT IN MAKING THE AERIAL SURVEY. IF IT IS IMPRACTICABLE FOR TRANSPORTATION IN KIND TO BE FURNISHED, REIMBURSEMENT WILL BE MADE ON THE BASIS OF WHAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED SUCH TRANSPORTATION. SEE 3 COMP. GEN. 598, 739, AND 966.

SUBJECT TO THE ABOVE INDICATED CHANGE NO REASON IS APPARENT WHY THE AMENDMENTS TO THE INSTRUCTIONS MAY NOT BE PROMULGATED.

IT IS, OF COURSE, TO BE UNDERSTOOD IN THIS AS IN OTHER SUBMISSIONS OF THIS KIND, THAT THE LEGAL EFFECT OF THE INSTRUCTIONS MUST BE FOR DETERMINATION BY THIS OFFICE WHEN PARTICULAR FACTS ARISE BRINGING THEM INTO QUESTION AND THAT THE INSTRUCTIONS MUST THEREFORE BE SUBJECT TO SUCH INTERPRETATION AS MAY BE MADE.