A-90217, JANUARY 7, 1938, 17 COMP. GEN. 547

A-90217: Jan 7, 1938

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PER-DIEM ALLOWANCES - ARMY RESERVE OFFICERS AT RESERVE CORPS TRAINING CAMPS ARMY AIR CORPS RESERVE OFFICERS ON EXTENDED ACTIVE DUTY ARE NOT ENTITLED TO A PER-DIEM ALLOWANCE FOR THE PERIOD THEY ARE ASSIGNED TO DUTY AS INSTRUCTORS WITH THE RESERVE CORPS TRAINING CAMPS. ARE ENTITLED TO RECEIVE A PER-DIEM ALLOWANCE AUTHORIZED BY THEIR ORDERS. FOR THE PERIOD THEY ARE ASSIGNED FOR DUTY AS INSTRUCTORS WITH THE AIR CORPS RESERVE SUMMER TRAINING CAMPS. REFERENCE IS MADE TO THE SUSPENSION OF CREDIT IN THE AUDIT OF PAYMENT MADE ON VOUCHER NO. 2392. ARE AS FOLLOWS: BY DIRECTION OF THE PRESIDENT AND PURSUANT TO INSTRUCTIONS CONTAINED IN 1ST IND. ARE ORDERED. ON WHICH DATE THEY WILL REPORT TO THE COMMANDING OFFICER OF BROOKS FIELD FOR DUTY: WALTER FRANKLIN WILBUR.

A-90217, JANUARY 7, 1938, 17 COMP. GEN. 547

PER-DIEM ALLOWANCES - ARMY RESERVE OFFICERS AT RESERVE CORPS TRAINING CAMPS ARMY AIR CORPS RESERVE OFFICERS ON EXTENDED ACTIVE DUTY ARE NOT ENTITLED TO A PER-DIEM ALLOWANCE FOR THE PERIOD THEY ARE ASSIGNED TO DUTY AS INSTRUCTORS WITH THE RESERVE CORPS TRAINING CAMPS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, JANUARY 7, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 2, 1937, REQUESTING DECISION WHETHER MEMBERS OF THE AIR CORPS RESERVE, ON EXTENDED ACTIVE DUTY WITH TACTICAL ORGANIZATIONS OF THE AIR CORPS, ARE ENTITLED TO RECEIVE A PER-DIEM ALLOWANCE AUTHORIZED BY THEIR ORDERS, FOR THE PERIOD THEY ARE ASSIGNED FOR DUTY AS INSTRUCTORS WITH THE AIR CORPS RESERVE SUMMER TRAINING CAMPS.

REFERENCE IS MADE TO THE SUSPENSION OF CREDIT IN THE AUDIT OF PAYMENT MADE ON VOUCHER NO. 2392, AUGUST 1936 ACCOUNTS OF LT.COL. C. NEWTON, JR., F.D., UNITED STATES ARMY, TO 2D LT. WALTER F. WILBUR, AIR CORPS RESERVE, UNITED STATES ARMY, ON ACCOUNT OF TRAVEL FROM BROOKS FIELD, TEX., TO HENSLEY FIELD, TEX., AND RETURN, IN THE AMOUNT OF $5.95, COVERING THE DIFFERENCE BETWEEN THE AMOUNT OF MILEAGE ALLOWED FOR SUCH TRAVEL IN THE AMOUNT OF $49.28, AND TRAVELING EXPENSES CLAIMED IN THE AMOUNT OF $55.23, REPRESENTING AN ALLOWANCE OF 3 CENTS PER MILE FOR TRANSPORTATION BY PRIVATELY OWNED AUTOMOBILE, PER DIEM OF $5 WHILE TRAVELING AND PER DIEM OF $2 WHILE ON TEMPORARY DUTY.

SPECIAL ORDERS NO. 89/1, HEADQUARTERS EIGHTH CORPS AREA, DATED JUNE 30, 1936, ARE AS FOLLOWS:

BY DIRECTION OF THE PRESIDENT AND PURSUANT TO INSTRUCTIONS CONTAINED IN 1ST IND., WAR DEPARTMENT, AG 210.313 AIR-RES. (5-28-36), DATED JUNE 9, 1936, THE FOLLOWING NAMED SECOND LIEUTENANTS, AIR CORPS RESERVE, HAVING BEEN DISCHARGED AS FLYING CADETS AT BROOKS FIELD, TEXAS, THIS DATE, ARE ORDERED, WITH THEIR CONSENT, TO EXTENDED ACTIVE DUTY WITH TACTICAL ORGANIZATIONS OF THE AIR CORPS AT BROOKS FIELD, TEXAS, EFFECTIVE JULY 1, 1936, ON WHICH DATE THEY WILL REPORT TO THE COMMANDING OFFICER OF BROOKS FIELD FOR DUTY:

WALTER FRANKLIN WILBUR, 0-315826, JULY 1, 1936. GILBERT, ARIZONA.

EACH OF THE ABOVE NAMED RESERVE OFFICERS, IF NOT SOONER RELIEVED, WILL BE RELIEVED FROM DUTY IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME JUNE 30, 1937, ON WHICH DATE HE WILL REVERT TO INACTIVE STATUS.

PAY AND ALLOWANCES ARE CHARGEABLE TO FD 1139 P4-0121 A 084-7. MILEAGE IS CHARGEABLE TO FD 1139 P4-0621 A 084-7. PACKING AND CRATING TO FD 1139 P4- 0284 A 084-7. TRANSPORTATION OF H.H.G. TO FD 1139 P4-0700 A 084-7.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE.

OPERATIONS ORDERS NO. 150/1, HEADQUARTERS BROOKS FIELD, DATED JULY 17, 1936, MADE ASSIGNMENT OF DUTY AS FOLLOWS:

PURSUANT TO AUTHORITY CONTAINED IN LETTER FROM THE COMMANDING GENERAL, 8TH CORPS AREA TO THE COMMANDING OFFICER, BROOKS FIELD, TEXAS, DATED JUNE 23, 1936, SUBJECT: "PERSONNEL AND EQUIPMENT FOR SUMMER TRAINING CAMPS" AND 1ST IND. THE COMMANDING GENERAL, 8TH CORPS AREA TO THE COMMANDING OFFICER, BROOKS FIELD, TEXAS, DATED JULY 9, 1936, 1ST LIEUT. ROBERT ALAN, AIR CORPS, AND 2ND LIEUT. WALTER E. WILBUR, AIR-RES., WILL LEAVE THIS STATION IN TIME TO ARRIVE HENSLEY FIELD, GRAND PRAIRIE, TEXAS, NOT LATER THAN JULY 18, 1936, REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER, FOR DUTY WITH THE AIR CORPS RESERVE SUMMER TRAINING CAMP THEREAT, UPON THE COMPLETION OF THIS DUTY THEY WILL RETURN TO THEIR PROPER STATION, BROOKS FIELD, TEXAS.

UPON THE ARRIVAL OF THESE OFFICERS, 1ST LIEUT. PHILLIP D. COATES, AIR CORPS, AND 1ST LIEUT. JAMES F. THOMPSON, JR., AIR-CORPS, NOW ON THIS DUTY, ARE RELIEVED, AND WILL RETURN TO THEIR PROPER STATION, BROOKS FIELD, TEXAS.

TRAVEL IS AUTHORIZED BY AIR, RAIL, OR PRIVATE CONVEYANCE.

THEY WILL BE PAID A PER DIEM OF FIVE DOLLARS ($5.00) FOR TRAVEL BY AIR, AND FOR TRAVEL BY RAIL, AND FOR THE TIME NORMALLY REQUIRED TO PERFORM THE TRAVEL BY RAIL, AND WILL BE ALLOWED MILEAGE OF THREE CENTS ).03) PER MILE IF TRAVEL IS PERFORMED BY PRIVATE CONVEYANCE. THEY WILL BE PAID PER DIEM OF TWO DOLLARS ($2.00) WHILE AT HENSLEY FIELD.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITIES FD 1238 P 7-0630--- P 7- 0622, P-7-0696 A084-7.

SECTION 1 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1524, PROVIDED:

THAT THE PRESIDENT BE, AND HE IS HEREBY, AUTHORIZED TO CALL TO ACTIVE DUTY, WITH THEIR CONSENT, FOR PERIODS OF NOT MORE THAN FIVE YEARS, SUCH NUMBER OF ARMY AIR CORPS RESERVE OFFICERS AS HE MAY DEEM NECESSARY, NOT TO EXCEED ONE THOUSAND THREE HUNDRED AND FIFTY.

THE ACT OF MAY 15, 1936, 49 STAT. 1300, APPROPRIATING FUNDS UNDER THE HEADING "ORGANIZED RESERVES," IS AS FOLLOWS:

FOR PAY AND ALLOWANCES OF MEMBERS OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY IN ACCORDANCE WITH LAW; MILEAGE, REIMBURSEMENT OF ACTUAL TRAVELING EXPENSES, OR PER DIEM ALLOWANCES IN LIEU THEREOF, AS AUTHORIZED BY LAW: PROVIDED, THAT THE MILEAGE ALLOWANCE TO MEMBERS OF THE OFFICERS' RESERVE CORPS WHEN CALLED INTO ACTIVE SERVICE FOR TRAINING FOR FIFTEEN DAYS OR LESS SHALL NOT EXCEED 4 CENTS PER MILE; * * * FOR THE ACTUAL AND NECESSARY EXPENSES, OR PER DIEM IN LIEU THEREOF, AT RATES AUTHORIZED BY LAW, INCURRED BY OFFICERS AND ENLISTED MEN OF THE REGULAR ARMY TRAVELING ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES, * * *

THE PAY AND CERTAIN ALLOWANCES OF RESERVE OFFICERS WHEN ON ACTIVE DUTY ARE PRESCRIBED BY SECTIONS 3, 5, 6, AND 14 OF THE PAY READJUSTMENT ACT OF JUNE 10, 1922, 42 STAT. 627, 631. NO SPECIFIC PROVISION AS TO MILEAGE OR TRAVELING EXPENSES IS MADE FOR RESERVE OFFICERS ON EXTENDED ACTIVE DUTY, AND REFERENCE MUST BE HAD TO SECTION 37A OF THE NATIONAL DEFENSE ACT, 41 STAT. 776, WHICH, GENERALLY, PLACES SUCH OFFICERS ON A PARITY WITH OFFICERS OF THE REGULAR ARMY, FOR PAYMENT OF TRAVEL ALLOWANCE, AS FOLLOWS:

* * * WHEN ON ACTIVE DUTY HE SHALL RECEIVE THE SAME * * * ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE, AND MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME, BUT SHALL NOT BE ENTITLED TO RETIREMENT OR RETIRED PAY.

MILEAGE IS PROVIDED FOR ARMY OFFICERS BY SECTION 12 OF THE PAY READJUSTMENT ACT, 42 STAT. 631, AT 8 CENTS PER MILE, THE DISTANCE TO BE COMPUTED OVER THE SHORTEST USUALLY TRAVELED ROUTE, AND AIR CORPS RESERVE OFFICERS ON EXTENDED ACTIVE DUTY ARE ENTITLED, IN THE ABSENCE OF OTHER SPECIFIC PROVISION, TO SUCH ALLOWANCE FOR NECESSARY TRAVEL ON OFFICIAL BUSINESS, WHILE ON ACTIVE DUTY. THE EXCEPTION IN THE CITED APPROPRIATION ACT AUTHORIZES PAYMENT OF ACTUAL AND NECESSARY EXPENSES, OR PER DIEM IN LIEU THEREOF ONLY TO OFFICERS AND ENLISTED MEN OF THE REGULAR ARMY TRAVELING ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES. RESERVE OFFICERS ORDERED TO ACTIVE DUTY ARE NOT WITHIN THE EXCEPTION AND THEIR ALLOWANCES ARE THOSE OTHERWISE PRESCRIBED BY LAW.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT AIR CORPS RESERVE OFFICERS ON EXTENDED ACTIVE DUTY, ARE NOT ENTITLED TO PER DIEM FOR THE PERIOD THEY ARE ASSIGNED TO DUTY AS INSTRUCTORS WITH THE RESERVE CORPS TRAINING CAMPS.