A-9632, JUNE 19, 1925, 4 COMP. GEN. 1053

A-9632: Jun 19, 1925

Additional Materials:

Contact:

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

 

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

IS. HE IS NEVERTHELESS TRAVELING WITH TROOPS AND MAY NOT BE PAID MILEAGE UNDER SECTION 12 OF THE ACT OF JUNE 10. WHEREIN WAS DISALLOWED HIS CLAIM FOR MILEAGE FROM MARE ISLAND. YOU WILL ISSUE THE NECESSARY ORDERS TO EFFECT THIS TRANSFER WHICH INCLUDES THE SEA-GOING SCHOOL. AS SOON AS NAVAL TRANSPORTATION IS AVAILABLE. THE FOLLOWING-NAMED MEN WILL BE TRANSFERRED TO THE MARINE BARRACKS. LLEWELYN JENKINS WILL BE TRANSFERRED TO THE MARINE BARRACKS. GLOECKNER WILL BE IN COMMAND. THE FOLLOWING ORDER WAS ADDRESSED TO CLAIMANT BY THE COMMANDING OFFICER. YOU WILL STAND DETACHED FROM THIS POST AND ALL DUTIES ASSIGNED TO YOU AND WILL PROCEED TO THE MARINE BARRACKS. YOU WILL REPORT TO THE COMMANDING GENERAL 5TH BRIGADE.

A-9632, JUNE 19, 1925, 4 COMP. GEN. 1053

MILEAGE - TRAVEL WITH TROOPS WHERE AN OFFICER OF THE MARINE CORPS, UNDER ORDERS TO TRAVEL IN CONNECTION WITH A TROOP MOVEMENT, IS, BY SUBSEQUENT ORDERS, PERMITTED TO PROCEED BY OTHER TRANSPORTATION THAN THAT USED BY THE MAIN BODY, HE IS NEVERTHELESS TRAVELING WITH TROOPS AND MAY NOT BE PAID MILEAGE UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 19, 1925:

FIRST LIEUT. REES SKINNER, UNITED STATES MARINE CORPS, APPLIED SEPTEMBER 22, 1924, FOR REVIEW OF SETTLEMENT NO. 236945-N, DATED FEBRUARY 11, 1924, WHEREIN WAS DISALLOWED HIS CLAIM FOR MILEAGE FROM MARE ISLAND, CALIF., TO SAN DIEGO, CALIF., UNDER ORDERS DATED JULY 26, 1923.

ON JULY 18, 1923, THE MAJOR GENERAL COMMANDANT, UNITED STATES MARINE CORPS, ADDRESSED THE FOLLOWING ORDER TO THE COMMANDING GENERAL DEPARTMENT OF THE PACIFIC, UNITED STATES MARINE CORPS, SAN FRANCISCO, CALIF.:

1.THE SECRETARY OF THE NAVY * * * HAVING DIRECTED THE TRANSFER OF THE RECRUIT DEPOT, MARE ISLAND, CALIF., AND THE ACTIVITIES CONNECTED THEREWITH, YOU WILL ISSUE THE NECESSARY ORDERS TO EFFECT THIS TRANSFER WHICH INCLUDES THE SEA-GOING SCHOOL, AS SOON AS NAVAL TRANSPORTATION IS AVAILABLE.

THE COMMANDING GENERAL TRANSMITTED THIS ORDER TO THE COMMANDING OFFICER MARINE BARRACKS, MARE ISLAND, CALIF., WHO ON JULY 25, 1923, ISSUED POST TRANSFER ORDER NO. 130:

1. EFFECTIVE 26 JULY, 1923, THE FOLLOWING-NAMED MEN WILL BE TRANSFERRED TO THE MARINE BARRACKS, SAN DIEGO, CAL., VIA U.S.S. SIRIUS NOW LYING AT THIS NAVY YARD.

2. 1ST LIEUT. GUS L. GLOECKNER, 1ST LIEUT. REES SKINNER, AND MAR. GUN. LLEWELYN JENKINS WILL BE TRANSFERRED TO THE MARINE BARRACKS, SAN DIEGO, CAL., WITH THE ABOVE DETAIL. 1ST LIEUT. GLOECKNER WILL BE IN COMMAND.

ON JULY 26, 1923, THE FOLLOWING ORDER WAS ADDRESSED TO CLAIMANT BY THE COMMANDING OFFICER, MARINE BARRACKS, MARE ISLAND:

1. ON JULY 31, 1923, YOU WILL STAND DETACHED FROM THIS POST AND ALL DUTIES ASSIGNED TO YOU AND WILL PROCEED TO THE MARINE BARRACKS,SAN DIEGO, CALIFORNIA, VIA THE U.S.S. GOLD STAR.

2. UPON THE ARRIVAL OF THE U.S.S. GOLD STAR AT SAN DIEGO, CALIFORNIA,YOU WILL REPORT TO THE COMMANDING GENERAL 5TH BRIGADE, U.S. MARINES, FOR SUCH DUTIES AS MAY BE ASSIGNED TO YOU.

ON JULY 27, 1923, THE COMMANDING GENERAL ADDRESSED THE FOLLOWING ORDERS TO CLAIMANT, REVOKING THE ABOVE ORDERS:

1. THE ORDERS TO YOU CONTAINED IN REFERENCES (B) ARE HEREBY REVOKED.

2.ON JULY 31, 1923, YOU WILL STAND DETACHED FROM YOUR PRESENT STATION AND DUTIES, AND WILL PROCEED TO THE MARINE BARRACKS, SAN DIEGO, CALIFORNIA, VIA THE U.S.S. GOLD STAR. UPON THE ARRIVAL OF THE U.S.S. GOLD STAR AT SAN DIEGO, CALIFORNIA, YOU WILL REPORT TO THE COMMANDING GENERAL 5TH BRIGADE, U.S. MARINES, FOR SUCH DUTIES AS MAY BE ASSIGNED TO YOU.

3. IN ACCORDANCE WITH YOUR VERBAL REQUEST OF THIS DATE, YOU ARE HEREBY AUTHORIZED TO PROCEED TO YOUR NEW STATION VIA AUTOMOBILE, AND YOU ARE FURTHER AUTHORIZED TO SUBMIT CLAIM FOR REIMBURSEMENT IN AN AMOUNT NOT TO EXCEED THAT WHICH IT WOULD HAVE COST THE GOVERNMENT HAD YOU CARRIED OUT THE ORDERS CONTAINED IN PARAGRAPH TWO OF THESE ORDERS.

4. YOU ARE ALSO AUTHORIZED TO DELAY IN REPORTING AT SAN DIEGO, CALIFORNIA, UNTIL AUGUST 5, 1923.

ON AUGUST 23, 1923, IN REPLY TO INQUIRY THE COMMANDING GENERAL, HEADQUARTERS DEPARTMENT OF THE PACIFIC, ANNOUNCED:

1. REPLYING TO REFERENCE (A), YOU ARE INFORMED THAT THE ORDERS ISSUED TO FIRST LIEUTENANT REES SKINNER * * * NAMED THEREIN, WERE IN CONNECTION WITH THE MOVEMENT OF THE RECRUIT DEPOT DETACHMENT,FROM MARE ISLAND, CALIFORNIA, TO THE MARINE BARRACKS, SAN DIEGO, CALIFORNIA.

HIS ORDERS FURTHER SHOW THAT UPON REPORTING TO HEADQUARTERS FIFTH BRIGADE, SAN DIEGO, AUGUST 4, 1923, HE WAS DIRECTED TO "FURTHER REPORT TO THE COMMANDING OFFICER RECRUIT DEPOT FOR ASSIGNMENT TO DUTY.'

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDES IN PART:

THAT OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, SHALL RECEIVE A MILEAGE ALLOWANCE * * *.

AS PRESENTED IN THIS CASE, IT DOES NOT FOLLOW THAT TRAVEL IS "WITHOUT TROOPS, SIMPLY BECAUSE THE MAIN BODY MAY HAVE BEEN TRANSPORTED BY ONE MEANS (THE U.S.S. SIRIUS) AND CLAIMANT ORDERED TO TRAVEL BY ANOTHER (THE U.S.S. GOLD STAR). TRAVEL WITH TROOPS, CONTEMPLATES TRAVEL IN CONNECTION WITH A TROOP MOVEMENT AND SECTION 12 AUTHORIZES MILEAGE ONLY WHEN AN OFFICER TRAVELING DOES NOT DO SO IN THAT CONNECTION. THE CLAIMANT'S TRAVEL WAS ORDERED BECAUSE OF THE TRANSFER OF THE RECRUITING DEPOT TO WHICH HE WAS ATTACHED, WITH OVER 200 ENLISTED MEN FROM MARE ISLAND TO SAN DIEGO IS ANNOUNCED BY THE COMMANDING GENERAL HEADQUARTERS DEPARTMENT OF THE PACIFIC, AND HIS ORDERS SHOW HE WAS ASSIGNED TO THE RECRUIT DEPOT UPON HIS ARRIVAL AT SAN DIEGO. THE FACTS INDICATE BEYOND QUESTION OF A DOUBT THAT THE SOLE AND ONLY REASON FOR THE TRAVEL OF CLAIMANT WAS IN CONNECTION WITH, AND AS A PART OF, THE REMOVAL OF RECRUIT DEPOT FROM THE NAVY YARD, MARE ISLAND, TO SAN DIEGO, AND THE SUBSEQUENT ORDERS ISSUED TO CLAIMANT DO NOT CREATE A RIGHT TO MILEAGE AS FOR TRAVEL WITHOUT TROOPS.

HAD CLAIMANT PROCEEDED TO SAN DIEGO VIA THE U.S.S. GOLD STAR HE WOULD NOT THEREBY HAVE ACQUIRED A RIGHT TO MILEAGE. THE DISALLOWANCE OF HIS CLAIM IS ACCORDINGLY AFFIRMED.