A-99115, JANUARY 3, 1939, 18 COMP. GEN. 581

A-99115: Jan 3, 1939

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WHO IS PRECLUDED FROM THE PERFORMANCE OF A SECOND ROUND TRIP TO ALL THE PLACES VISITED DURING THE FIRST TRIP BECAUSE OF AMENDATORY ORDERS. IS NOT IN A REPEATED TRAVEL STATUS FOR ANY OF THE TRAVEL PERFORMED UNDER THE ORDERS AND IS ENTITLED ONLY TO MILEAGE. THERE IS SUBMITTED HEREWITH CORRESPONDENCE IN CONNECTION WITH THE DISALLOWANCE OF $59.70 ON VOUCHER 487 FOR DECEMBER 1937. WHICH HE HAS DECLINED TO DO ON THE THEORY THAT HE IS RIGHTFULLY ENTITLED TO THE AMOUNTS RECEIVED BY HIM. 2. WHICH WERE AMENDED BY SUBSEQUENT ORDERS PROVIDING FOR A PER DIEM OF $3.00 FOR THE SECOND JOURNEY. IT WAS LIKEWISE NECESSARY TO MAKE CERTAIN MINOR CHANGES IN THE PLACES TO BE VISITED. IT IS. QUITE OBVIOUS THAT THE CHANGE WAS NOT MADE FOR THE CONVENIENCE OF THE OFFICER.

A-99115, JANUARY 3, 1939, 18 COMP. GEN. 581

ARMY OFFICERS - REPEATED TRAVEL TO ONLY A PORTION OF PLACES FIRST VISITED - TRAVELING EXPENSE REIMBURSEMENT BASIS ARMY OFFICER WHO MADE ONLY ONE ROUND TRIP BETWEEN THE PLACES NAMED IN THE ORIGINAL TRAVEL ORDERS, AND WHO IS PRECLUDED FROM THE PERFORMANCE OF A SECOND ROUND TRIP TO ALL THE PLACES VISITED DURING THE FIRST TRIP BECAUSE OF AMENDATORY ORDERS, IS NOT IN A REPEATED TRAVEL STATUS FOR ANY OF THE TRAVEL PERFORMED UNDER THE ORDERS AND IS ENTITLED ONLY TO MILEAGE, LESS DEDUCTION FOR TRAVEL PERFORMED IN A GOVERNMENT AUTOMOBILE, AND NOT TO A PER DIEM IN LIEU OF ACTUAL EXPENSES.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJ. HUGH WHITT, UNITED STATES ARMY, JANUARY 3, 1939:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF OF FINANCE, UNITED STATES ARMY, YOUR LETTER OF OCTOBER 27, 1938, AS FOLLOWS:

1. THERE IS SUBMITTED HEREWITH CORRESPONDENCE IN CONNECTION WITH THE DISALLOWANCE OF $59.70 ON VOUCHER 487 FOR DECEMBER 1937, AND $7.90 ON VOUCHER 486 FOR DECEMBER 1937, WHEREIN THE PAYEE HAS BEEN REQUESTED TO MAKE A REFUND, WHICH HE HAS DECLINED TO DO ON THE THEORY THAT HE IS RIGHTFULLY ENTITLED TO THE AMOUNTS RECEIVED BY HIM.

2. THE ORDERS ATTACHED WHICH AUTHORIZE THE TRAVEL IN EACH OF THE CASES REFERRED TO HEREIN ORIGINALLY AUTHORIZED A FLAT PER DIEM OF $5.00, WHICH WERE AMENDED BY SUBSEQUENT ORDERS PROVIDING FOR A PER DIEM OF $3.00 FOR THE SECOND JOURNEY, AND IN MAKING SUCH AMENDMENT, DUE TO THE ECONOMIC SITUATION WHICH AROSE IN THE MEANTIME, IT WAS LIKEWISE NECESSARY TO MAKE CERTAIN MINOR CHANGES IN THE PLACES TO BE VISITED, WHICH RESULTED IN A CONSIDERABLE SAVING. IT IS, THEREFORE, QUITE OBVIOUS THAT THE CHANGE WAS NOT MADE FOR THE CONVENIENCE OF THE OFFICER, BUT RATHER A NECESSITY FROM THE VIEWPOINT OF THE GOVERNMENT TO CURTAIL EXPENSES.

3. IN VIEW OF THE ABOVE, IT IS REQUESTED THAT THIS MATTER BE REVIEWED AND THE ACTION OF THE AUDIT DIVISION OF THE GENERAL ACCOUNTING OFFICE IN MAKING THIS DISALLOWANCE BE REVERSED.

IT APPEARS THAT FIRST LT. JOHN K. BRYAN, EIGHTY-FOURTH FIELD ARTILLERY, UNITED STATES ARMY, WAS ORDERED TO PERFORM REPEATED JOURNEYS UNDER TWO SEPARATE SETS OF ORDERS TO VARIOUS DESIGNATED PLACES DURING THE PERIOD AUGUST 4, TO DECEMBER 31, 1937, AND THAT SUBSEQUENT TO THE COMPLETION OF THE FIRST JOURNEY AND PRIOR TO THE STATE OF THE SECOND JOURNEY UNDER EACH ORDER, THE ORDERS WERE AMENDED CHANGING THE ITINERARY TO BE FOLLOWED UNDER EACH ORDER FOR THE SECOND TRIP. THE ORDERS PROVIDING FOR SUCH TRAVEL ARE AS FOLLOWS:

PARAGRAPH 9, SPECIAL ORDERS NO. 180, HEADQUARTERS, MISSOURI-KANSAS DISTRICT CIVILIAN CONSERVATION CORPS, FORT LEAVENWORTH, KANS., DATED AUGUST 3, 1937, PROVIDES:

9. FIRST LIEUTENANT JOHN K. BRYAN, 84TH F.A., WILL PERFORM TWO (2) JOURNEYS, BY GOVERNMENT OWNED MOTOR TRANSPORTATION, DURING THE PERIOD AUGUST 4, 1937, TO NOVEMBER 30, 1937, FROM CENTAUR, MISSOURI, TO DE SOTO, MISSOURI; THENCE TO PERRYVILLE, MISSOURI; THENCE TO DELTA, MISSOURI; THENCE TO NEW MADRID, MISSOURI; THENCE TO HAYTI, MISSOURI; THENCE TO POPLAR BLUFF, MISSOURI; THENCE TO BARDLEY, MISSOURI; THENCE TO WINONA, MISSOURI; THENCE TO WILLOW SPRINGS, MISSOURI; THENCE TO AVA, MISSOURI; THENCE TO SHELL KNOB, MISSOURI; THENCE TO CASSVILLE, MISSOURI; THENCE TO MOUNT VERNON, MISSOURI; THENCE TO LYNCHBURG, MISSOURI; THENCE TO DUKE, MISSOURI; THENCE TO SALEM, MISSOURI; THENCE TO BUNKER, MISSOURI; THENCE TO ELLINGTON, MISSOURI; THENCE TO CENTERVILLE, MISSOURI; THENCE TO BERRYMAN, MISSOURI; THENCE TO SULLIVAN, MISSOURI; THENCE TO PACIFIC, MISSOURI, ON TEMPORARY DUTY IN CONNECTION WITH CIVILIAN CONSERVATION CORPS ACTIVITIES, AND UPON COMPLETION OF THIS DUTY, ON EACH JOURNEY, WILL RETURN TO HIS PROPER STATION, CENTAUR, MISSOURI.

IN LIEU OF SUBSISTENCE, HE WILL BE ALLOWED A FLAT PER DIEM OF FIVE DOLLARS ($5.00) IN ACCORDANCE WITH EXISTING LAW AND REGULATIONS.

THE TRAVEL DIRECTED IS NECESSARY IN THE PUBLIC SERVICE AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITY CP 1703 P 1-0620 A 0100-8.

SPECIAL ORDERS NO. 258, DATED NOVEMBER 10, 1937, AMENDING PARAGRAPH 9 OF SPECIAL ORDERS NO. 180, PROVIDES:

1. PARAGRAPH 7, SPECIAL ORDERS NO. 251, THIS HEADQUARTERS, DATED OCTOBER 26, 1937, AMENDING PREVIOUS ORDERS IN CONNECTION WITH TRAVEL OF FIRST LIEUTENANT JOHN K. BRYAN, 84TH F.A., IS HEREBY REVOKED.

2. PARAGRAPH 9, SPECIAL ORDERS NO. 180, THIS HEADQUARTERS, DATED AUGUST 3, 1937, DIRECTING FIRST LIEUTENANT JOHN K. BRYAN, 84TH F.A., TO PERFORM TWO (2) JOURNEYS, DURING THE PERIOD AUGUST 4, 1937, TO NOVEMBER 30, 1937, AND AUTHORIZING A PER DIEM OF FIVE DOLLARS ($5.00) IN LIEU OF SUBSISTENCE, IS AMENDED TO AUTHORIZE A PER DIEM OF FIVE DOLLARS ($5.00) FOR THE FIRST JOURNEY ONLY AND A PER DIEM OF THREE DOLLARS ($3.00) FOR THE SECOND JOURNEY; AND TO DIRECT THAT LIEUTENANT BRYAN PERFORM THE SECOND JOURNEY OF THE TRAVEL DIRECTED THEREIN AS FOLLOWS:

FROM CENTAUR, MISSOURI, TO DE SOTO, MISSOURI; THENCE TO BERRYMAN, MISSOURI; THENCE TO PERRYVILLE, MISSOURI; THENCE TO DELTA, MISSOURI; THENCE TO NEW MADRID, MISSOURI; THENCE TO HAYTI, MISSOURI, THENCE TO POPLAR BLUFF, MISSOURI; THENCE TO ELLINGTON, MISSOURI; THENCE TO BUNKER, MISSOURI; THENCE TO SALEM, MISSOURI; THENCE TO KAISER, MISSOURI, ON TEMPORARY DUTY IN CONNECTION WITH CIVILIAN CONSERVATION CORPS ACTIVITIES, AND UPON COMPLETION OF THIS DUTY, WILL RETURN TO HIS PROPER STATION, CENTAUR, MISSOURI.

PARAGRAPH 12, SPECIAL ORDERS NO. 197, HEADQUARTERS, MISSOURI-KANSAS DISTRICT CIVILIAN CONSERVATION CORPS, FORT LEAVENWORTH, KANS., DATED AUGUST 23, 1937, PROVIDES:

12. FIRST LIEUTENANT JOHN K. BRYAN, 84TH F.A., WILL PERFORM TWO (2) JOURNEYS, BY GOVERNMENT OWNED MOTOR TRANSPORTATION, DURING THE PERIOD SEPTEMBER 1, 1937, TO DECEMBER 31, 1937, FROM CENTAUR, MISSOURI, TO UNION, MISSOURI; THENCE TO KAISER, MISSOURI; THENCE TO BRICE, MISSOURI, THENCE TO BUTLER, MISSOURI; THENCE TO FARLINGTON, KANSAS; THENCE TO NEODESHA, KANSAS; THENCE TO KINGMAN, KANSAS; THENCE TO KINGSDOWN, KANSAS; THENCE TO OBERLIN, KANSAS; THENCE TO FORT RILEY, KANSAS; THENCE TO MARION, KANSAS; THENCE TO COUNCIL GROVE, KANSAS; THENCE TO BURLINGTON, KANSAS; THENCE TO OTTAWA, KANSAS; THENCE TO LONE STAR, KANSAS, THENCE TO OTTAWA, KANSAS; THENCE TO LONE STAR, KANSAS; THENCE TO FORT LEAVENWORTH, KANSAS; THENCE TO WARRENSBURG, MISSOURI; THENCE TO CALIFORNIA, MISSOURI, ON TEMPORARY DUTY IN CONNECTION WITH CIVILIAN CONSERVATION CORPS ACTIVITIES, AND UPON COMPLETION OF THIS DUTY, ON EACH JOURNEY, WILL RETURN TO HIS PROPER STATION, CENTAUR, MISSOURI.

IN LIEU OF SUBSISTENCE, HE WILL BE ALLOWED A FLAT PER DIEM OF FIVE DOLLARS ($5.00) IN ACCORDANCE WITH EXISTING LAW AND REGULATIONS.

THE TRAVEL DIRECTED IS NECESSARY IN THE PUBLIC SERVICE AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITY CP 1703 P 1-0620 A 0100-8

PARAGRAPH 5, SPECIAL ORDERS NO. 264, DATED NOVEMBER 10, 1937, AMENDING PARAGRAPH 12 OF SPECIAL ORDERS NO. 197, PROVIDES:

5. PARAGRAPH 12, SPECIAL ORDERS NO. 197, THIS HEADQUARTERS, DATED AUGUST 23, 1937, DIRECTING FIRST LIEUTENANT JOHN K. BRYAN, 84TH F.A., TO PERFORM TWO (2) JOURNEYS, DURING THE PERIOD SEPTEMBER 1, 1937, TO DECEMBER 31, 1937, AND AUTHORIZING A PER DIEM OF FIVE DOLLARS ($5.00) IN LIEU OF SUBSISTENCE, IS AMENDED TO AUTHORIZE A PER DIEM OF FIVE DOLLARS ($5.00) FOR THE FIRST JOURNEY ONLY, AND A PER DIEM OF THREE DOLLARS ($3.00) FOR THE SECOND JOURNEY; AND TO DIRECT THAT LIEUTENANT BRYAN PERFORM THE SECOND JOURNEY OF THE TRAVEL DIRECTED THEREIN AS FOLLOWS:

FROM CENTAUR, MISSOURI, TO BRICE, MISSOURI; THENCE TO DUKE, MISSOURI; THENCE TO WINONA, MISSOURI; THENCE TO WILLOW SPRINGS, MISSOURI; THENCE TO AVA, MISSOURI; THENCE TO SHELL KNOB, MISSOURI; THENCE TO CASSVILLE, MISSOURI; THENCE TO MOUNT VERNON, MISSOURI; THENCE TO NEODESHA, KANSAS; THENCE TO FARLINGTON, KANSAS; THENCE TO BUTLER, MISSOURI; THENCE TO WARRENSBURG, MISSOURI, ON TEMPORARY DUTY IN CONNECTION WITH CIVILIAN CONSERVATION CORPS ACTIVITIES, AND UPON COMPLETION OF THIS DUTY WILL RETURN TO HIS PROPER STATION, CENTAUR, MISSOURI.

THE RECORD, AS SHOWN BY THE TWO TRAVEL VOUCHERS, INDICATES THAT THE OFFICER PERFORMED THE FOUR JOURNEYS, TWO UNDER EACH SET OF ORDERS, AS DIRECTED BY THE SPECIAL ORDERS, SUPRA, VISITING THE PLACES IN THE ORDERS AS LISTED THEREIN, AND THAT SOME OF THE PLACES WERE VISITED TWICE, WHEREAS SOME PLACES WERE VISITED BUT ONCE DUE TO THE CHANGED ITINERARIES CAUSED BY THE AMENDATORY ORDERS. IT IS FURTHER INDICATED THAT SEVERAL OF THE PLACES NOT REQUIRED TO BE VISITED UNDER THE AMENDED ORDER OF SPECIAL ORDERS NO. 180 WERE SHOWN AS PLACES TO BE VISITED UNDER THE AMENDED ORDER OF SPECIAL ORDERS NO. 197, THEREBY PRECLUDING THE POSSIBILITY OF THE PERFORMANCE OF REPEATED TRAVEL UNDER ANY OF THE ORDERS.

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 AT THE RATE OF 8 CENTS PER MILE, DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE AND EXISTING LAWS PROVIDING FOR THE ISSUE OF TRANSPORTATION REQUESTS TO OFFICERS OF THE ARMY TRAVELING UNDER COMPETENT ORDERS, AND FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES, ARE HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, BUT IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AS DETERMINED BY THE HEAD OF THE EXECUTIVE DEPARTMENT CONCERNED, HE MAY, IN HIS DISCRETION, DIRECT THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED. * * *

IN DECISION OF DECEMBER 2, 1924, 4 COMP. GEN. 508, IT WAS SAID:

THE PHRASEOLOGY OF THAT PART OF SECTION 12 OF THE ACT OF JUNE 10, 1922,AS TO "TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES" IS SIMILAR TO THAT USED IN THE ACT OF JULY 1, 1902, 32 STAT. 663. TO BE ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES, IN LIEU OF MILEAGE, UNDER THE 1902 ACT, IT WAS REPEATEDLY HELD THAT MORE THAN ONE JOURNEY OR ROUND TRIP BETWEEN THE SAME PLACES WAS NECESSARY TO CONSTITUTE TRAVEL "PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES.' WILLITS V. UNITED STATES, 38 CT.CLS. 534; 9 COMP. DEC. 353; 12 ID. 718; 13 ID. 391; 14 ID. 897; 23 ID. 368; 88 MS. COMP. DEC. 1418, MARCH 26, 1919. THIS RULE IS APPLICABLE TO THE 1922 ACT, 2 COMP. GEN. 72; ID. 673.

IN DECISION BY THE COMPTROLLER OF THE TREASURY, 14 COMP. DEC. 898, IT WAS STATED THAT:

IN WILLITS V. UNITED STATES (38 CT.CL. 534), IN WHICH THE CLAIM WAS FOR MILEAGE UNDER THE ACT OF JUNE 7, 1900, THE COURT SAID:

"* * * BEFORE THE SECRETARY CAN EXERCISE HIS DISCRETION THE TRAVEL MUST BE PERFORMED ,REPEATEDLY BETWEEN TWO OR MORE PLACES.' IN OTHER CASES THE LAW REMAINS UNDISTURBED, LEAVING THE OFFICER ENTITLED TO MILEAGE. * * * IN THE ITEMS WHICH MAKE UP THE CLAIMANT'S CASE THERE ARE THREE WHERE THE TRAVEL WAS NOT "REPEATED," AMOUNTING IN THE AGGREGATE TO 1,338 MILES.'

THE RECORDS IN THE CASE SHOW THAT IN THE TRAVEL IN EACH OF THE THREE CASES REFERRED TO WAS ONE ROUND TRIP, AND THE COURT ALLOWED MILEAGE FOR EACH OF THEM. IN OTHER WORDS, APPLYING THE FACTS IN THE CASE, AS SHOWN BY THE RECORD, TO THE JUDGMENT OF THE COURT, IT WAS HELD THAT MORE THAN ONE ROUND TRIP BETWEEN PLACES IS NECESSARY TO CONSTITUTE REPEATED TRAVEL. THIS CONSTRUCTION OF THE LAW HAS BEEN FOLLOWED BY THIS OFFICE. (CASE OF R. H. LAKE, 44 MS. COMP. DEC. 1412.)

IN DECISION OF AUGUST 5, 1935, 15 COMP. GEN. 99, IT WAS HELD THAT:

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AUTHORIZES PAYMENT OF ACTUAL AND NECESSARY EXPENSES OR PER DIEM IN LIEU OF SUBSISTENCE TO ARMY OFFICERS IN LIEU OF MILEAGE ONLY ,WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY," AND THE RIGHT TO SUCH ACTUAL AND NECESSARY EXPENSES IS NOT CONSUMMATED UNTIL HE ACTUALLY AND NECESSARILY PERFORMS TWO OR MORE ROUND TRIPS UNDER SUCH ORDERS. 2 COMP. GEN. 673; 4 ID. 507.

IN DECISION OF JANUARY 13, 1928, A-20990, THERE WAS CONSIDERED THE CASE OF AN ARMY OFFICER, TRAVELING UNDER REPEATED TRAVEL ORDERS, WHO PERFORMED SEVERAL TRIPS TO VARIOUS PLACES AND WHILE IN THE PERFORMANCE OF THESE TRIPS, VISITED SEVERAL OF THE PLACES MORE THAN ONCE, WHEREAS THE OTHER PLACES WERE VISITED BUT ONCE, AND IT WAS HELD:

* * * WHILE SOME OF THE PLACES WERE VISITED MORE THAN ONCE, THEY WERE SO VISITED INCIDENT TO TRAVEL TO OR RETURNING FROM OTHER PLACES VISITED BUT ONCE. ON A CONTINUOUS JOURNEY THERE CANNOT BE ALLOWED ACTUAL EXPENSES FOR REPEATED TRAVEL FOR PART THEREOF AND MILEAGE FOR THE REMAINDER OF THE JOURNEY. ACCORDINGLY, THE OFFICER IS ENTITLED TO MILEAGE FOR THE TRAVEL PERFORMED BY HIM WHILE AWAY FROM HIS TEMPORARY DUTY STATION, OUT OF WHICH HE IS REQUIRED TO PROVIDE HIMSELF WITH TRANSPORTATION UNLESS FURNISHED BY THE GOVERNMENT, IN WHICH CASE A DEDUCTION OF 3 CENTS PER MILE IS REQUIRED. 2 COMP. GEN. 673; 4 ID. 507 AND 791.

FROM THE FACTS PRESENTED IT APPEARS THAT LIEUTENANT BRYAN MADE ONLY ONE ROUND TRIP BETWEEN THE PLACES NAMED IN THE ORIGINAL ORDERS AND SINCE THE AMENDATORY ORDERS PRECLUDED THE PERFORMANCE OF A SECOND ROUND TRIP TO ALL THE PLACES VISITED DURING THE FIRST TRIP, IT MUST BE HELD THAT THE OFFICER WAS NOT IN A REPEATED TRAVEL STATUS FOR ANY OF THE TRAVEL PERFORMED UNDER THE ORDERS AND WAS THEREFORE ENTITLED ONLY TO MILEAGE AT THE RATE OF 8 CENTS PER MILE, LESS 3 CENTS PER MILE, THE TRAVEL BEING PERFORMED IN A GOVERNMENT AUTOMOBILE. ACCORDINGLY, THE DISALLOWANCE OF THE SUM OF $7.90 ON VOUCHER NO. 486, AND $59.70 ON VOUCHER NO. 487, OF YOUR DECEMBER 1937 ACCOUNTS, REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNTS OF PER DIEM PAID AND THE MILEAGE THAT THE OFFICER WAS ENTITLED TO ON A MILEAGE BASIS, WAS PROPER, AND THE DISALLOWANCES MUST BE AND ARE SUSTAINED.