B-117445, FEB 19, 1954

B-117445: Feb 19, 1954

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THE TRAVEL WAS PERFORMED UNDER ORDERS OF JULY 15. UPON COMPLETION OF WHICH HE WAS TO RETURN TO HIS PROPER STATION AT WASHINGTON. C. TRAVEL WAS AUTHORIZED BY DIFFERENT MEANS OF CONVEYANCE INCLUDING PRIVATELY OWNED AUTOMOBILE AND ORDINARY LEAVE OF 10 DAYS WAS GRANTED THEREIN. IT IS SHOWN THAT HE LEFT WASHINGTON ON JULY 18 AND REPORTED AT CAMP ATTERBURY AT 8:40 P.M. THAT ALL SUCH TRAVEL WAS BY PRIVATELY OWNED CONVEYANCE. YOU INDICATE THAT BY TRAVELING FROM ONE TEMPORARY STATION TO ANOTHER BY RAIL HE COULD HAVE REPORTED FOR DUTY AT FORT SHERIDAN AND CAMP LEONARD WOOD ON JULY 31 AND AUGUST 7. THAT THE OFFICER WAS NOT REQUIRED TO REPORT FOR DUTY AT THOSE PLACES UNTIL THE MONDAY MORNINGS OF AUGUST 3 AND 10.

B-117445, FEB 19, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL WILSON HOOVER, FC, U. S. ARMY:

BY FIRST INDORSEMENT OF OCTOBER 19, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF OCTOBER 6, 1953, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT OF PER DIEM AT THE RATE OF $5 A DAY TO LIEUTENANT COLONEL CHARLES S. FINCH, MPC, FOR THE PERIODS AUGUST 1-2 AND AUGUST 8-9, 1952, FOR TRAVEL PERFORMED BY PRIVATELY OWNED AUTOMOBILE ON THOSE WEEKENDS FROM BATTLE CREEK, MICHIGAN, TO FORT SHERIDAN, ILLINOIS, AND FROM CHICAGO, ILLINOIS, TO FORT LEONARD WOOD, MISSOURI, RESPECTIVELY.

THE TRAVEL WAS PERFORMED UNDER ORDERS OF JULY 15, 1953, DIRECTING TRAVEL AND TEMPORARY DUTY AT DIFFERENT PLACES INCLUDING CAMP ATTERBURY, INDIANA, BATTLE CREEK, MICHIGAN, FORT SHERIDAN, ILLINOIS, FORT LEONARD WOOD, MISSOURI, AND CHICAGO, ILLINOIS, UPON COMPLETION OF WHICH HE WAS TO RETURN TO HIS PROPER STATION AT WASHINGTON, D. C. TRAVEL WAS AUTHORIZED BY DIFFERENT MEANS OF CONVEYANCE INCLUDING PRIVATELY OWNED AUTOMOBILE AND ORDINARY LEAVE OF 10 DAYS WAS GRANTED THEREIN.

IT IS SHOWN THAT HE LEFT WASHINGTON ON JULY 18 AND REPORTED AT CAMP ATTERBURY AT 8:40 P.M., JULY 26, LEAVE BEING TAKEN EN ROUTE; THAT HE TRAVELED FROM BATTLE CREEK TO FORT SHERIDAN DURING THE PERIOD JULY 31 TO AUGUST 2; THAT HE PROCEEDED FROM CHICAGO TO ST. LOUIS, MISSOURI, DURING THE PERIOD AUGUST 7 TO 9; THAT HE LEFT CHICAGO AT 4:30 P.M., AUGUST 24, AND ARRIVED BACK AT WASHINGTON ON AUGUST 26, 1953; AND THAT ALL SUCH TRAVEL WAS BY PRIVATELY OWNED CONVEYANCE. APPARENTLY THE PER DIEM AT THE RATE OF $5 PER DAY FOR 20 DAYS AND AT THE RATE OF $9 PER DAY FOR 7 1/4 DAYS PAID TO HIM ON VOUCHER NO. 811042 OF YOUR SEPTEMBER 1943 ACCOUNT INCLUDED NOTHING FOR THE PERIODS IN QUESTION. YOU INDICATE THAT BY TRAVELING FROM ONE TEMPORARY STATION TO ANOTHER BY RAIL HE COULD HAVE REPORTED FOR DUTY AT FORT SHERIDAN AND CAMP LEONARD WOOD ON JULY 31 AND AUGUST 7, RESPECTIVELY, AND THAT THE OFFICER WAS NOT REQUIRED TO REPORT FOR DUTY AT THOSE PLACES UNTIL THE MONDAY MORNINGS OF AUGUST 3 AND 10, 1953, RESPECTIVELY.

IT APPEARS CLEAR THAT THE CLAIMANT WAS IN A TRAVEL STATUS DURING THE PERIODS OF HIS CLAIM AND NO REASON IS PERCEIVED WHY HE IS NOT ENTITLED TO PER DIEM FOR THOSE DAYS MERELY BECAUSE HE TRAVELED BY AUTOMOBILE RATHER THAN BY RAIL. HE PERFORMED THE DUTIES REQUIRED OF HIM AND HE IS ENTITLED TO PER DIEM WHILE HE WAS IN A TRAVEL STATUS AWAY FROM HIS STATION. COMPARE 9 COMP. GEN. 77.

HOWEVER, IT APPEARS THAT THERE WAS A SMALL OVERPAYMENT ON SAID VOUCHER NO. 811042. THE 20 DAYS PAID AT THE RATE OF $5 PER DAY APPARENTLY WERE JULY 26-31, AUGUST 3, 7, 10-17 AND 19-22 AND THE 7 1/4 DAYS AT $9 PER DAY APPARENTLY INCLUDED THE 6 DAYS AUGUST 4-6, 18 AND 23 24, LEAVING SOME ADDITIONAL TIME FOR NECESSARY TRAVEL ON JULY 25 AND AUGUST 25, 1953. PENNSYLVANIA RAILROAD SCHEDULES PUBLISHED IN THE OFFICIAL RAILWAY GUIDE, JULY 1953, SHOW THAT HE COULD HAVE LEFT WASHINGTON AS LATE AS 7:30 P.M., JULY 25, AND STILL ARRIVED AT CAMP ATTERBURY BEFORE THE TIME HE ACTUALLY REPORTED AT THE LATTER PLACE, AND THAT HE COULD HAVE TRAVELED FROM CHICAGO TO WASHINGTON BY TRAIN FROM 6 P.M., AUGUST 24, TO 11:35 A.M. THE FOLLOWING DAY. SUCH CONSTRUCTIVE TRAVEL WOULD ENTITLE HIM TO 3/4 PER DIEM AT $9 IN ADDITION TO THE 6 DAYS MENTIONED ABOVE. HENCE, IT APPEARS THAT HE WAS OVERPAID $4.50.

IF THE FOREGOING SUM IS DEDUCTED FROM THE VOUCHER WHICH IS RETURNED HEREWITH, PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.

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