B-10904, JUNE 25, 1940, 19 COMP. GEN. 1025

B-10904, JUNE 25, 1940, 19 COMP. GEN. 1025

SUBSISTENCE ALLOWANCE - RESERVE ORGANIZATION ORDERED FOR TRAINING MEMBERS OF A MARINE CORPS RESERVE ORGANIZATION ORDERED FOR TRAINING AND REQUIRED TO REPORT TO THEIR STATION, FOR PREPARATION, SEVERAL HOURS IN ADVANCE OF THEIR DEPARTURE TO THE PLACE OF TRAINING, AND TO REMAIN SEVERAL HOURS AFTER RETURN FROM THE PLACE OF TRAINING FOR THE PURPOSE OF TURNING IN EQUIPMENT, ARE NOT ENTITLED FOR SUCH PERIODS TO THE SUBSISTENCE ALLOWANCE PROVIDED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, NOR IS SAID ALLOWANCE PAYABLE TO THE MEMBERS OF SUCH ORGANIZATION FOR THE PERIOD OF TRAVEL EN MASSE TO AND FROM THE PLACE OF TRAINING.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JUNE 25, 1940:

I HAVE YOUR LETTER OF JUNE 19, 1940, AS FOLLOWS:

THERE IS FORWARDED HEREWITH FOR YOUR CONSIDERATION A LETTER FROM THE MAJOR GENERAL COMMANDANT, HEADQUARTERS, U.S. MARINE CORPS, DATED JUNE 13, 1940, REQUESTING AN ADVANCE DECISION ON THE QUESTION THEREIN PRESENTED RELATIVE TO THE RIGHT OF MEMBERS OF THE 10TH BATTALION, MARINE CORPS RESERVE, TO ALLOWANCES FOR SUBSISTENCE WHILE ON DUTY UNDER ORDERS, COPY ENCLOSED, DATED MAY 1, 1940, DIRECTING SUCH ORGANIZATION TO PROCEED FROM NEW ORLEANS, LA., TO PARRIS ISLAND, S.C., FOR ACTIVE DUTY FOR TRAINING, AND FOR RETURN TO NEW ORLEANS NOT LATER THAN MIDNIGHT OF JUNE 30--- JULY 1, 1940.

SPECIFICALLY, THE QUESTION UPON WHICH YOUR DECISION IS DESIRED IS WHETHER THOSE MEMBERS OF THE 10TH BATTALION, MARINE CORPS RESERVE, PROCEEDING FROM NEW ORLEANS, LA., TO PARRIS ISLAND, S.C., AND RETURN, UNDER ORDERS OF MAY 1, 1940, MAY BE REGARDED AS IN A TRAVEL STATUS, INCLUDING A TEMPORARY DETENTION FROM THE TIME OF THEIR ARRIVAL AT THE ARMORY IN NEW ORLEANS, LA., PRIOR TO :00 A.M., TO THE HOUR OF THEIR DEPARTURE FROM THAT PLACE ON JUNE 16, 1940, SO AS TO AUTHORIZE THE SUBSISTENCE ALLOWANCE FOR THIS PERIOD IN ACCORDANCE WITH THE PROVISIONS OF TABLE II A (A), NOTE 3, EXECUTIVE ORDER NO. 7293, DATED FEBRUARY 14, 1936; ALSO, WHETHER SUCH SUBSISTENCE ALLOWANCE IS AUTHORIZED FOR THE PERIOD BETWEEN THE HOUR OF RETURN TO NEW ORLEANS AND THE TIME OF DEPARTURE FOR THEIR HOMES DURING THE AFTERNOON OF JUNE 30, 1940.

THE MAJOR GENERAL COMMANDANT'S LETTER IS, IN PART, AS FOLLOWS:

1. IN CONNECTION WITH THE ANNUAL FIELD TRAINING OF MARINE CORPS RESERVE ORGANIZATIONS, A QUESTION ARISES AS TO ALLOWANCES FOR SUBSISTENCE UNDER CONDITIONS AS HEREINAFTER DESCRIBED.

2. AS AN EXAMPLE, THE 10TH BATTALION, MARINE CORPS RESERVE, NEW ORLEANS, LA., IS ASSIGNED TO ACTIVE DUTY ON JUNE 16, 1940, BY ORDERS OF MAY 1, 1940, COPY ENCLOSED, AND DIRECTED TO PROCEED TO PARRIS ISLAND, S.C., FOR TRAINING. THE ORDERS FURTHER PROVIDE FOR RETURN OF THIS ORGANIZATION TO NEW ORLEANS UPON COMPLETION OF TRAINING AND FOR RELIEF FROM ACTIVE DUTY NOT LATER THAN MIDNIGHT JUNE 30--- JULY 1, 1940. TRANSPORTATION FOR THIS ORGANIZATION WILL BE PROVIDED BY SPECIAL TRAIN LEAVING NEW ORLEANS, JUNE 16, 1940, AT 8:00 A.M., ARRIVING PORT ROYAL, S.C., JUNE 17, 1940, AT :00 A.M., AND RETURNING FROM PORT ROYAL JUNE 29, 1940, AT 8:00 A.M., ARRIVING NEW ORLEANS, JUNE 30, 1940, AT 6:00 A.M. ACCORDING TO THE NUMBER OF HOURS IN ACTUAL TRAVEL STATUS, AS SHOWN BY THE ABOVE SCHEDULE, A SUBSISTENCE ALLOWANCE FOR TWO-THIRDS OF A DAY ACCRUES ON JUNE 16 AND JUNE 29. THE MEMBERS OF THIS ORGANIZATION ARE, HOWEVER, REQUIRED TO REPORT AND ASSEMBLE AT THE RESERVE ARMORY IN NEW ORLEANS NOT LATER THAN 6:00 A.M., JUNE 16, IN ORDER TO ARRANGE AND LOAD EQUIPMENT ON TRAIN AND PERFORM CERTAIN OTHER DUTIES PREPARATORY TO THEIR DEPARTURE; LIKEWISE, UPON RETURN TO NEW ORLEANS, THEY ARE REQUIRED TO REMAIN ON DUTY AT THE ARMORY FOR THE PURPOSE OF UNLOADING AND TURNING IN EQUIPMENT UNTIL AFTERNOON JUNE 30 BEFORE PROCEEDING TO THEIR HOMES. THE QUESTION INVOLVED IS WHETHER THE MEMBERS OF THE DETACHMENT MAY BE REGARDED AS IN A TRAVEL STATUS, INCLUDING TEMPORARY DETENTION FROM THE TIME OF THEIR ASSEMBLY AT THE ARMORY PRIOR TO 6:00 A.M. TO THE HOUR OF THEIR DEPARTURE ON JUNE 16, SO AS TO AUTHORIZE THE SUBSISTENCE ALLOWANCE FOR THIS PERIOD IN ACCORDANCE WITH TABLE II A (A), NOTE 3 OF THE EXECUTIVE ORDER OF FEBRUARY 14, 1936, ALSO WHETHER SUCH ALLOWANCE IS SIMILARLY AUTHORIZED FOR THE PERIOD BETWEEN THE HOUR OF RETURN TO NEW ORLEANS AND THE TIME OF DEPARTURE FOR THEIR HOMES DURING THE AFTERNOON OF JUNE 30.

THE COPY OF THE ORDER OF MAY 1, 1940, ADDRESSED TO THE COMMANDING OFFICER, 10TH BATTALION, U.S.M.C.R., SHOWS THAT THE BATTALION--- CONSISTING OF NOT TO EXCEED 18 OFFICERS, MARINE CORPS RESERVE, ONE MEDICAL OFFICER, NAVAL RESERVE, 306 ENLISTED MEN, MARINE CORPS RESERVE, AND FIVE ENLISTED MEN, NAVAL RESERVE, LESS ADVANCE AND COOKS DETAILS--- IS ASSIGNED TO ACTIVE DUTY EXTENDING FROM JUNE 16, 1940, AND IS DIRECTED TO PROCEED ON THAT DATE TO PARRIS ISLAND, SOUTH CAROLINA, WITH DIRECTIONS TO RETURN TO NEW ORLEANS, LOUISIANA, NOT LATER THAN MIDNIGHT JUNE 30--- JULY 1, 1940. PARAGRAPH 6 OF THE ORDER PROVIDES, IN PART, AS FOLLOWS:

6. TRANSPORTATION, SUBSISTENCE EN ROUTE, AND TRANSFERS WILL BE FURNISHED AS DIRECTED BY THE QUARTERMASTER. * * * MEAL TICKETS WILL BE ISSUED TO FURNISH SUBSISTENCE EN ROUTE FOR ENLISTED MEN ONLY.

NO PROVISION OF THE ORDER SPECIFICALLY AUTHORIZES THE PAYMENT OF A MONETARY ALLOWANCE FOR SUBSISTENCE TO THE ENLISTED MEN. IN THIS CONNECTION SEE 8 COMP. GEN. 82. SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, CONTAINS THE FOLLOWING PROVISION:

* * * 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. THESE REGULATIONS SHALL BE UNIFORM FOR ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT * * *AND RATIONS FOR ENLISTED MEN MAY BE COMMUTED AS NOW AUTHORIZED BY LAW.

THE REGULATIONS OF THE PRESIDENT CONTAINED IN EXECUTIVE ORDER NO. 7293, FEBRUARY 14, 1936 (AMENDED BY EXECUTIVE ORDERS NO. 7831, MARCH 7, 1938; NO. 8107; MAY 3, 1939; AND NO. 8442, JUNE 14, 1940, THE AMENDMENTS NOT BEING MATERIAL HERE), SETS OUT A TABLE I FOR MEN ON DUTY WHERE QUARTERS OR RATIONS IN KIND ARE NOT FURNISHED AND A TABLE II IN PERTINENT PART AS FOLLOWS:

MEN TRAVELING ON DUTY WHERE COOKED OR TRAVEL RATIONS ARE NOT FURNISHED FOR THE JOURNEY SHALL BE GRANTED DAILY ALLOWANCES AS FOLLOWS:

TABLE -------------------------------------------------------------- ----

TRAVEL STATUS, INCLUDING * * *

DETENTION NOT EXCEEDING

THREE DAYS AT ONE PLACE * * * ------------------------------------------- ---------------------------- - A.--- SLEEPING-CAR, STATEROOM ACCOMMODATIONS

OR OTHER QUARTERS FURNISHED:

(A) SUBSISTENCE------------------------$2.25 * * *

NOTE 1. WHEN IN A TRAVEL STATUS ALLOWANCES FOR SUBSISTENCE SHALL BE COMPUTED AS FOLLOWS FOR THE DAY OF DEPARTURE FROM AND ARRIVAL AT STATION: THE DAY TO BEGIN AT MIDNIGHT; FOR 18 HOURS OR MORE IN TRAVEL STATUS, ONE WHOLE DAY; FOR 12 HOURS OR MORE BUT LESS THAN 18 HOURS IN TRAVEL STATUS, TWO-THIRDS OF ONE DAY; FOR LESS THAN 12 HOURS IN TRAVEL STATUS, ONE-THIRD OF ONE DAY. NO ALLOWANCE SHALL BE PAID FOR THE FIRST DAY OF A JOURNEY WHICH BEGINS AFTER 6 O-CLOCK P.M.

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.

UNDER THE PROVISIONS OF LAW QUOTED AND THE REGULATIONS PURSUANT THERETO, MEMBERS OF AN ORGANIZATION CANNOT BE REGARDED AS IN A TRAVEL STATUS WHILE AT THE STATION OF THEIR ORGANIZATION AND THERE IS CLEARLY NO AUTHORITY IN THE REGULATION TO INCLUDE PERIODS OF PREPARATION FOR DEPARTURE OR PERIODS OF UNLOADING AND TURNING IN EQUIPMENT AFTER RETURN AS TRAVELING. HENCE, THE SPECIFIC QUESTION PRESENTED IS ANSWERED IN THE NEGATIVE.

FURTHERMORE, IT IS NOT TO BE UNDERSTOOD THAT THIS OFFICE, ON THE PRESENT RECORD, CONCURS IN THE IMPLIED SUGGESTION CONTAINED IN YOUR LETTER AND THE LETTER OF THE MAJOR GENERAL COMMANDANT TO THE EFFECT THAT THE MONETARY ALLOWANCE FOR SUBSISTENCE PROVIDED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, SUPRA, IS LEGALLY PAYABLE IN THE CIRCUMSTANCES HERE DISCLOSED.

THE MARINE CORPS RESERVE IS ESTABLISHED BY SECTION 2 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1175, UNDER THE SAME PROVISIONS IN ALL RESPECTS, EXCEPT AS MAY BE NECESSARY TO ADAPT SAID PROVISIONS TO THE MARINE CORPS, AS CONTAINED IN THE ACT PROVIDING FOR THE NAVAL RESERVE. SECTION 7 OF THE ACT PROVIDES:

* * * ENLISTED MEN OF THE NAVAL RESERVE * * * WHEN EMPLOYED ON ACTIVE DUTY OR ON TRAINING DUTY WITH PAY OR WHEN EMPLOYED IN AUTHORIZED TRAVEL TO AND FROM SUCH DUTY, SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS RECEIVED BY * * * ENLISTED MEN OF THE REGULAR NAVY OF THE SAME * * * RATING, AND OF THE SAME LENGTH OF SERVICE. * * *

SECTION 315, APPLICABLE TO THE ORGANIZED RESERVES, PROVIDES:

IN TIME OF PEACE, EXCEPT AS HEREIN OTHERWISE PROVIDED, MEMBERS OF THE NAVAL RESERVE IN RECEIPT OF PAY FOR THE PERFORMANCE OF DRILLS, EQUIVALENT INSTRUCTION OR DUTY, OR APPROPRIATE DUTIES MAY BE REQUIRED TO PERFORM SUCH TRAINING DUTY, NOT TO EXCEED FIFTEEN DAYS ANNUALLY, AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY: PROVIDED, THAT THEY MAY BE GIVEN ADDITIONAL TRAINING OR OTHER DUTY, EITHER WITH OR WITHOUT PAY, AS MAY BE AUTHORIZED, WITH THEIR CONSENT, BY DIRECTION OF THE SECRETARY OF THE NAVY: PROVIDED FURTHER, THAT WHEN AUTHORIZED TRAINING OR OTHER DUTY WITHOUT PAY IS PERFORMED BY MEMBERS OF THE NAVAL RESERVE THEY MAY IN THE DISCRETION OF THE SECRETARY OF THE NAVY, BE FURNISHED WITH TRANSPORTATION TO AND FROM SUCH DUTY, WITH SUBSISTENCE AND TRANSFERS EN ROUTE, AND, DURING THE PERFORMANCE OF SUCH DUTY, BE FURNISHED SUBSISTENCE IN KIND OR COMMUTATION THEREOF AT A RATE TO BE FIXED FROM TIME TO TIME BY THE SECRETARY OF THE NAVY.

THE APPROPRIATION ACT OF MAY 25, 1939, 53 STAT. 776, MAKING APPROPRIATIONS FOR THE NAVY DEPARTMENT FOR THE FISCAL YEAR 1940 INCLUDES UNDER " MARINE CORPS--- PAY, MARINE CORPS" A ROVISION:

FOR PAY AND ALLOWANCES OF THE MARINE CORPS RESERVE (A) EXCLUDING TRANSFERRED AND ASSIGNED MEN, $1,000,913; (B) TRANSFERRED AND ASSIGNED MEN, $534,219, IN ALL, $1,535,132;

UNDER " GENERAL EXPENSES, MARINE CORPS" THERE IS AN ITEM AS FOLLOWS:

MARINE CORPS RESERVE: FOR CLOTHING, INCLUDING CLOTHING FOR AVIATION CADETS, SUBSISTENCE, HEAT, LIGHT, TRANSPORTATION, AND MISCELLANEOUS EXPENSES, $300,000;

IN THE SUPPLEMENTAL APPROPRIATION ACT OF FEBRUARY 12, 1940, PUBLIC, NO. 415, 54 STAT. 22, AN ADDITIONAL APPROPRIATION WAS MADE AS FOLLOWS:

FOR AN ADDITIONAL AMOUNT FOR PAY AND ALLOWANCES OF THE MARINE CORPS RESERVES, $553,572;

IT IS CLEAR THAT WHEN AN INDIVIDUAL MEMBER OF THE RESERVE IS TRAVELING TO OR FROM ACTIVE DUTY WITH PAY, EITHER FOR TRAINING OR OTHERWISE, HE IS ENTITLED, IF PROPERLY PRESCRIBED IN HIS ORDERS, TO THE MONETARY ALLOWANCE FOR SUBSISTENCE AUTHORIZED BY LAW AND REGULATIONS FOR ENLISTED MEN OF THE REGULAR MARINE CORPS WHEN TRAVELING, AND ALSO, THIS WOULD BE TRUE IF SEVERAL MEMBERS OF THE NAVAL RESERVE OR MARINE CORPS RESERVE TRAVELED IN SMALL DETACHMENTS EITHER VOLUNTARILY OR BY ORDER. IN SUCH CASES THERE WOULD BE A "TRAVEL STATUS" WITHIN THE MEANING OF THE REGULATIONS.

BUT IN THIS CASE IT IS UNDERSTOOD THAT AN ORGANIZATION CONSISTING OF APPROXIMATELY 300 ENLISTED MEN IS MOVING UNDER ORDERS, AS AN ORGANIZATION, SUBJECT TO THE ROUTINE AND LIMITATIONS NECESSARY TO BE PLACED ON MEMBERS OF AN ORGANIZATION WHILE SO TRAVELING. IN SUCH A CASE, INDIVIDUAL MEMBERS OF THE ORGANIZATION CANNOT PROCURE SUBSISTENCE WHILE EN ROUTE AS WHEN TRAVELING INDIVIDUALLY ON REGULAR TRAINS; BUT PROVISION MUST BE MADE FOR FEEDING THE ENTIRE ORGANIZATION BY OR UNDER AUTHORITY OF THE ORGANIZATION COMMANDER. THERE DOES NOT APPEAR TO BE INVOLVED HERE ANY "TRAVEL STATUS" SUCH AS WOULD ENTITLE THE OFFICERS TO MILEAGE OR THE ENLISTED MEN TO AN ALLOWANCE AS FOR TRAVEL SUBSISTENCE. IT IS UNDERSTOOD THAT FROM TIME IMMEMORIAL THE ENLISTED PERSONNEL OF SUCH ORGANIZATIONS SO MOVING HAVE BEEN SUBSISTED IN KIND, INSTEAD OF BEING GIVEN A MONEY ALLOWANCE AND PERMITTED TO PROCURE FOOD INDIVIDUALLY. THE PROVISIONS CONTAINED IN SECTION 11 OF THE PAY ACT OF 1922, ABOVE QUOTED, WERE EXPLAINED BY THE REPRESENTATIVES OF THE SIX SERVICES IN COMMENTS FILED WITH THE COMMITTEE IN CHARGE OF THE BILL WHICH BECAME THE JOINT PAY ACT OF JUNE 10, 1922, AS FOLLOWS, PAGE 11, OF---

HEARINGS BEFORE A SPECIAL COMMITTEE OF THE HOUSE OF REPRESENTATIVES SIXTY -SEVENTH CONGRESS, * * * SATURDAY, MARCH 18, AND MONDAY, MARCH 20, 1922, ON H.R. 10972.

ENLISTED MEN.--- TO ENLISTED MEN NOT FURNISHED QUARTERS OR RATIONS IN KIND, THERE ARE NOW ALLOWED VARYING AMOUNTS FOR SUBSISTENCE, OR FOR SUBSISTENCE AND ROOM. IN EXCEPTIONAL CASES, WHERE THESE MEN TRAVEL FROM PLACE TO PLACE FOR SHORT PERIODS, INCURRING EXPENSES FOR TRANSIENT ACCOMMODATIONS AT HOTELS, MEALS, ETC., AN AMOUNT EQUAL TO $4 PER DAY IS ALLOWED. IN THE GREAT MAJORITY OF CASES THESE AMOUNTS ARE MUCH SMALLER. THIS BILL ESTABLISHES, UNDER THE DIRECTION OF THE PRESIDENT, UNIFORM REGULATIONS FOR ALL SERVICES. THERE IS NO ADDITIONAL EXPENSE INVOLVED.

IT IS NOT APPARENT TO THIS OFFICE WHY, OR UNDER WHAT AUTHORITY, THE ENLISTED MEMBERS OF A MILITARY ORGANIZATION OF A COMPANY OR MORE MOVING AS A UNIT, WHETHER ON THE MARCH OR BY TRAIN OR BY WATER, ARE ENTITLED TO BE PAID THE MONETARY ALLOWANCE FOR SUBSISTENCE, INSTEAD OF BEING SUBSISTED IN KIND--- THE SUBSISTENCE IN KIND TO BE PROCURED AS AUTHORIZED BY LAW EITHER BY PREPARATION BY THE ORGANIZATION'S MESS PERSONNEL AND FACILITIES OR BY PURCHASE.