A-98004, OCTOBER 3, 1938, 18 COMP. GEN. 313

A-98004: Oct 3, 1938

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WAS FURNISHED RATIONS IN EXCESS OF 31 DAYS. IS ENTITLED TO PAYMENT OF SUCH ALLOWANCE FOR PERIOD SUBSEQUENT THERETO ONLY AT THE RATE PRESCRIBED IN TABLE I OF SAID REGULATIONS. TABLE II PROVIDING THAT WHEN PERIOD OF DETENTION IN ONE PLACE IS LONGER THAN 3 DAYS THE ALLOWANCES PRESCRIBED IN TABLE I WILL GOVERN AFTER THE 31 DAYS. WILL PROCEED ON OR ABOUT JULY 5. UPON COMPLETION OF THIS DUTY HE WILL RETURN TO HIS PROPER STATION. IS AUTHORIZED. TRAVEL BY PRIVATELY OWNED CONVEYANCE IS AUTHORIZED. THE FINANCE DEPARTMENT WILL PAY IN ADVANCE THE MONETARY TRAVEL ALLOWANCE PRESCRIBED IN TABLE II. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. IS AMENDED TO AUTHORIZE PAYMENT OF DETENTION ALLOWANCE PRESCRIBED IN TABLE II.

A-98004, OCTOBER 3, 1938, 18 COMP. GEN. 313

SUBSISTENCE ALLOWANCE - ARMY ENLISTED MEN - TEMPORARY DUTY RATE LIMITATIONS - RATE REDUCTION PERIOD COMPUTATIONS AN ARMY ENLISTED MAN DIRECTED TO PROCEED FOR TEMPORARY DUTY AWAY FROM HIS REGULAR STATION UNDER ORDERS AUTHORIZING PAYMENT OF SUBSISTENCE ALLOWANCE AS PRESCRIBED IN TABLE II, PAR. 2A, AR-35-4520, FOR PERIOD DURING WHICH NO MESSING FACILITIES WOULD BE AVAILABLE, WHO, AFTER REPORTING FOR TEMPORARY DUTY, WAS FURNISHED RATIONS IN EXCESS OF 31 DAYS, IS ENTITLED TO PAYMENT OF SUCH ALLOWANCE FOR PERIOD SUBSEQUENT THERETO ONLY AT THE RATE PRESCRIBED IN TABLE I OF SAID REGULATIONS, TABLE II PROVIDING THAT WHEN PERIOD OF DETENTION IN ONE PLACE IS LONGER THAN 3 DAYS THE ALLOWANCES PRESCRIBED IN TABLE I WILL GOVERN AFTER THE 31 DAYS, AND THE PERIOD OF DETENTION WITHIN CONTEMPLATION OF THE REGULATIONS BEGINNING AT TIME OF ARRIVAL AT PLACE PRESCRIBED IN THE ORDERS FOR TEMPORARY DUTY AND NOT FROM TIME MESSING FACILITIES CEASED TO BE AVAILABLE.

ACTING COMPTROLLER GENERAL ELLIOTT TO ROY E. BEVEL, UNITED STATES ARMY, OCTOBER 3, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 16, 1938, WITH INCLOSURES, MAKING CLAIM FOR ADDITIONAL SUBSISTENCE ALLOWANCE FOR THE PERIOD FROM AUGUST 22 TO 31, 1938, BELIEVED TO BE DUE YOU BY REASON OF YOUR ORDERS OF JUNE 29, 1938, AS AMENDED.

PARAGRAPH 4, SPECIAL ORDERS NO. 142, HEADQUARTERS SEVENTH CORPS AREA, OMAHA, NEBRASKA, JUNE 29, 1938, PROVIDES AS FOLLOWS:

4. STAFF SERGEANT ROY E. BEVEL, R-1025652, DETACHMENT QUARTERMASTER CORPS, FORT CROOK, NEBRASKA, WILL PROCEED ON OR ABOUT JULY 5, 1938, TO CAMP JOSEPH T. ROBINSON, ARKANSAS, REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER FOR TEMPORARY DUTY IN CONNECTION WITH THE CITIZENS' MILITARY TRAINING CAMP. UPON COMPLETION OF THIS DUTY HE WILL RETURN TO HIS PROPER STATION.

A DELAY OF FIVE (5) DAYS ENROUTE TO CAMP JOSEPH T. ROBINSON, IS AUTHORIZED.

TRAVEL BY PRIVATELY OWNED CONVEYANCE IS AUTHORIZED. IT BEING IMPRACTICABLE FOR THE GOVERNMENT TO FURNISH COOKING FACILITIES FORRATIONS, THE FINANCE DEPARTMENT WILL PAY IN ADVANCE THE MONETARY TRAVEL ALLOWANCE PRESCRIBED IN TABLE II, PAR. 2A, AR 35-4529, AT THE RATE OF $2.25 PER DAY FOR RATIONS FOR ONE (1) MAN FOR TWO AND TWO THIRDS (2 2/3) DAYS (ONE AND ONE-THIRD (1 1/3) DAYS EACH WAY). THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 337 P7-0625 A 1615-9.

PARAGRAPH 2, SPECIAL ORDERS NO. 166, HEADQUARTERS SEVENTH CORPS AREA, OMAHA, NEBRASKA, DATED JULY 26, 1938, PROVIDES:

SO MUCH OF PAR. 4, S.O. 142, THIS HEADQUARTERS, JUNE 29, 1938, DIRECTING STAFF SERGEANT ROY E. BEVEL, R-1025652, DETACHMENT QMC, FORT CROOK NEBRASKA, TO PROCEED TO CAMP JOSEPH T. ROBINSON, ARKANSAS, FOR TEMPORARY DUTY IN CONNECTION WITH THE CITIZENS' MILITARY TRAINING CAMP, IS AMENDED TO AUTHORIZE PAYMENT OF DETENTION ALLOWANCE PRESCRIBED IN TABLE II, PAR. 2A, AR 35-4520, FOR THE PERIOD AUGUST 25 TO SEPTEMBER 15, 1938, FOR RATIONS, DURING WHICH TIME NO MESSING FACILITIES FOR ENLISTED PERSONNEL WILL BE AVAILABLE.

PARAGRAPH 6, SPECIAL ORDERS NO. 171, HEADQUARTERS SEVENTH CORPS AREA, OMAHA, NEBRASKA, DATED AUGUST 1, 1938, PROVIDES:

SO MUCH OF PAR. 2, S.O. 166, THIS HEADQUARTERS, JULY 26, 1938, AUTHORIZING PAYMENT OF DETENTION ALLOWANCE TO STAFF SERGEANT ROY E. BEVEL, R-102652 (R-1025652), DETACHMENT QMC, FORT CROOK, NEBRASKA, ON DUTY IN CONNECTION WITH THE CITIZENS MILITARY TRAINING CAMP, CAMP JOSEPH T. ROBINSON, ARKANSAS, AS READS "AUGUST 25 TO SEPTEMBER 15, 1938" IS AMENDED TO READ: AUGUST 22 TO SEPTEMBER 15, 1938.

YOUR STATE THAT PURSUANT TO YOUR ORDERS OF JUNE 29, 1938, YOU REPORTED AT YOUR TEMPORARY DUTY STATION, CAMP JOSEPH T. ROBINSON, NORTH LITTLE ROCK, ARKANSAS, AT 8:00 A.M., JULY 11, 1938, AND WERE ATTACHED FOR RATIONS AND QUARTERS TO COMPANY A, 17TH INFANTRY, UNITED STATES ARMY, FROM JULY 12 TO AUGUST 21, 1938; THAT ON AUGUST 31, 1938, YOU SUBMITTED A VOUCHER FOR SUBSISTENCE ALLOWANCE FROM AUGUST 22 TO 31, 1938, AND WERE PAID BY CHECK NO. 446,809, VOUCHER NO. 521, SEPTEMBER 1938 ACCOUNTS OF S. C. PAGE, CAPTAIN, F.D., UNITED STATES ARMY, OMAHA, NEBRASKA, IN THE SUM OF $12; THAT EXCEPTIONS WERE TAKEN TO THE AMOUNT OF THAT PAYMENT IN LETTER DATED SEPTEMBER 12, 1938; THAT YOU WERE ADVISED BY THE FINANCE DEPARTMENT ON SEPTEMBER 14, 1938, THAT YOU HAD BEEN CORRECTLY PAID. IT APPEARS FROM YOUR LETTER OF SEPTEMBER 12, 1938, TO THE FINANCE OFFICER, UNITED STATES ARMY, OMAHA, NEBRASKA, THAT YOU ARE OF THE IMPRESSION THAT YOUR PERIOD OF DETENTION STARTED ON AUGUST 22, 1938, FOR A PERIOD OF TEN DAYS, OR FROM AUGUST 22 TO 31, 1938; THAT AS YOUR ORDERS AUTHORIZED PAYMENT OF DETENTION ALLOWANCE AS PRESCRIBED IN TABLE II, PARAGRAPH 2A, ARMY REGULATIONS 35- 4520, YOU ARE ENTITLED TO THE ADDITIONAL SUM OF $5.30.

PARAGRAPH 1A, ARMY REGULATIONS NO. 35-4520, DATED JANUARY 10, 1931, PROVIDES AS FOLLOWS:

TO EACH ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE, THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED, AND SHALL NOT EXCEED $4 PER DAY * * * SEC. 11, ACT OF JUNE 10, 1922 (42 STAT. 630 * * *).

PARAGRAPH 2 OF THE REGULATIONS, AS AMENDED BY CHANGES NO. 3, DATED FEBRUARY 25, 1937, PROVIDES UNDER TABLE 1 THAT MEN ON DUTY WHERE RATIONS IN KIND ARE NOT FURNISHED AND GOVERNMENT MESSING FACILITIES ARE NOT AVAILABLE SHALL BE GRANTED A DAILY ALLOWANCE OF $1.20 FOR SUBSISTENCE, AND IT IS PROVIDED UNDER TABLE II AS FOLLOWS:

NOTE 3.--- MEN ABSENT UNDER ORDERS FROM THEIR REGULAR STATIONS UPON DUTY WHICH INVOLVES TRAVEL AND ALSO TEMPORARY DETENTIONS DURING THE JOURNEY SHALL BE DEEMED TO BE TRAVELING UNDER ORDERS DURING THE ENTIRE PERIOD OF SUCH ABSENCE. ALLOWANCES FOR THE PERIODS SPENT IN ACTUAL TRAVEL, INCLUDING DETENTIONS NOT EXCEEDING THREE DAYS, WILL BE COMPUTED AS ON A "TRAVEL STATUS" BASIS. ALLOWANCES FOR PERIODS OF DETENTION IN EXCESS OF THREE DAYS SHALL BE AS INDICATED IN TABLE II. FOR LONGER PERIODS OF DETENTION AT ONE PLACE, THE ALLOWANCES PRESCRIBED IN TABLE I WILL GOVERN AFTER THE FIRST THIRTY-ONE DAYS.

THE PERIOD OF DETENTION WITHIN THE CONTEMPLATION OF THE REGULATIONS BEGINS AT THE TIME OF ARRIVAL OF AN ENLISTED MAN AT THE PLACE PRESCRIBED IN HIS ORDERS FOR THE PERFORMANCE OF TEMPORARY DUTY. YOU ARRIVED AT CAMP JOSEPH T. ROBINSON FOR THE PERFORMANCE OF TEMPORARY DUTY UNDER YOUR ORDERS AT 8:00 A.M., JULY 11, 1938, AND AT 8:00 A.M., AUGUST 10, 1938, A PERIOD OF THIRTY-ONE DAYS HAD ELAPSED. THEREFORE, HAVING BEEN IN A DETENTION STATUS FOR OVER THIRTY-ONE DAYS ON AUGUST 22, 1938, YOU WERE ENTITLED, UNDER THE PROVISIONS OF YOUR ORDERS AND THE REGULATIONS QUOTED ABOVE, ONLY TO THE SUBSISTENCE ALLOWANCE OF $1.20 PER DAY FOR THE PERIOD HERE INVOLVED FROM AUGUST 22 TO 31, 1938, INCLUSIVE, TEN DAYS, IN THE SUM OF $12, NO MESSING FACILITIES BEING AVAILABLE FOR ENLISTED MEN ACCORDING TO YOUR ORDERS, AND THAT AMOUNT YOU HAVE STATED YOU RECEIVED.

THERE IS NOTHING FURTHER DUE YOU FROM THE UNITED STATES AND YOUR CLAIM IS, ACCORDINGLY, DISALLOWED.