B-13542, DECEMBER 12, 1940, 20 COMP. GEN. 309

B-13542: Dec 12, 1940

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PAY - ARMY RESERVE OFFICERS - TRAVEL TO DUTY STATION AN ARMY RESERVE OFFICER IS ENTITLED TO PAY AND ALLOWANCES FOR TRAVEL TIME BY RAIL OVER THE SHORTEST USUALLY TRAVELED ROUTE NECESSARY TO COMPLY WITH ORDERS CALLING HIM TO ACTIVE DUTY. FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER FOR $37.80 PRESENTED BY MAJ. THE APPARENT BASIS OF THE OFFICER'S CLAIM IS THAT HAD HE TRAVELED BY RAIL. IT WOULD HAVE BEEN NECESSARY TO HAVE COMMENCED TO TRAVEL ON OCTOBER 13. SINCE TRAVEL TIME IS BASED ON RAIL TRAVEL. HE IS ENTITLED TO PAY FOR 3 DAYS' EXTRA TIME THAT WOULD HAVE REQUIRED FOR HIM TO TRAVEL BY RAIL. THAT REGULATION IS CONSISTENT WITH THE RULE APPLIED BY THE ACCOUNTING OFFICERS TO THE STATUTE IN QUESTION. 24 COMP.

B-13542, DECEMBER 12, 1940, 20 COMP. GEN. 309

PAY - ARMY RESERVE OFFICERS - TRAVEL TO DUTY STATION AN ARMY RESERVE OFFICER IS ENTITLED TO PAY AND ALLOWANCES FOR TRAVEL TIME BY RAIL OVER THE SHORTEST USUALLY TRAVELED ROUTE NECESSARY TO COMPLY WITH ORDERS CALLING HIM TO ACTIVE DUTY, BUT CONSTRUCTIVE TRAVEL TIME MAY NOT BE COUNTED TO AUTHORIZE PAY AND ALLOWANCES FOR ANY PERIOD PRIOR TO THE DATE HE ACTUALLY COMMENCED TRAVEL BY AIRPLANE MERELY BECAUSE SUCH TRAVEL REQUIRED LESS TIME THAN IF TRAVEL HAD BEEN BY RAIL.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. W. M. DIXON, UNITED STATES ARMY, DECEMBER 12, 1940:

THERE HAS BEEN RECEIVED YOUR REQUEST OF NOVEMBER 7, 1940, FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER FOR $37.80 PRESENTED BY MAJ. JAMES HENDERSON CARROLL, Q.M. RES., REPRESENTING PAY AND ALLOWANCES CLAIMED BY HIM FOR THE PERIOD OCTOBER 13-15, 1940, UNDER ORDERS OF THE NINTH CORPS AREA, PRESIDIO OF CALIFORNIA, OCTOBER 12, 1940, AS FOLLOWS: EXECUTIVE SO. CALIF. MIL. DISTRICT. LOS ANGELES, CALIF.

WAR DEPARTMENT ADVISES ORDERS ISSUED PLACING MAJOR JAMES HENDERSON CARROLL QUARTERMASTER CORPS RESERVE ACTIVE DUTY ONE YEAR AND DETAILING HIM TO THE ADJUTANT GENERAL'S DEPARTMENT RESERVE EFFECTIVE OCTOBER TWELFTH AND DIRECTING HIM PROCEED THAT DATE FROM BEVERLY HILLS, CALIFORNIA, TO WASHINGTON, D.C., REPORTING TO THE ADJUTANT GENERAL FOR DUTY. TRAVEL DIRECTED NECESSARY MILITARY SERVICE CHARGEABLE FD 1315 P 15-0621-0284-1378 -0700-0730 A1505-01. NOTIFY HIM.

YOU STATE THAT MAJOR CARROLL DEPARTED FROM HIS HOME, BEVERLY HILLS, CALIF., OCTOBER 16, 1940, AND REPORTED FOR DUTY IN WASHINGTON, D.C., OCTOBER 17, 1940, TRAVELING BY COMMERCIAL AIRPLANE. THE APPARENT BASIS OF THE OFFICER'S CLAIM IS THAT HAD HE TRAVELED BY RAIL, TO COMPLY WITH HIS ORDERS, IT WOULD HAVE BEEN NECESSARY TO HAVE COMMENCED TO TRAVEL ON OCTOBER 13, 1940, AND, SINCE TRAVEL TIME IS BASED ON RAIL TRAVEL, HE IS ENTITLED TO PAY FOR 3 DAYS' EXTRA TIME THAT WOULD HAVE REQUIRED FOR HIM TO TRAVEL BY RAIL.

SECTION 37A OF THE NATIONAL DEFENSE ACT, SECTION 32, ACT OF JUNE 4, 1920, 41 STAT. 776 (10 U.S.C. 361A), PROVIDES THAT "A RESERVE OFFICER SHALL NOT BE ENTITLED TO PAY AND ALLOWANCES EXCEPT WHEN ON ACTIVE DUTY.'

ARMY REGULATIONS 35-3420-2 (6) PROVIDES THAT---

PAY STATUS BEGINS ON THE DATE THAT THE RESERVE OFFICER OFFICIALLY AND NECESSARILY COMPLIES WITH THE ORDER CALLING HIM TO ACTIVE DUTY AND ENDS ON THE DATE OF ACTUAL RELIEF THEREFROM. THAT REGULATION IS CONSISTENT WITH THE RULE APPLIED BY THE ACCOUNTING OFFICERS TO THE STATUTE IN QUESTION. 24 COMP. DEC. 331; 8 COMP. GEN. 69; A-23221, AUGUST 13, 1928; B-5827, DECEMBER 7, 1939. AS STATED IN 8 COMP. GEN. 69, AN ORDER TO ACTIVE DUTY IN THE OFFICERS' RESERVE CORPS IS NOT EFFECTIVE TO PLACE THE OFFICER TO WHOM IT IS DIRECTED IN AN ACTIVE DUTY STATUS PRIOR TO THE DATE THEREOF AND NOT UNTIL HE OFFICIALLY AND NECESSARILY COMPLIES THEREWITH ON OR AFTER THE DATE OF THE ORDERS. THAT RULE ALLOWS ACTIVE DUTY PAY FOR THE NECESSARY TRAVEL TIME BY RAIL OVER THE SHORTEST USUALLY TRAVELED ROUTE TO THE DUTY STATION. THE LAW DOES NOT, HOWEVER, AUTHORIZE PAY FOR CONSTRUCTIVE TRAVEL TIME. THE FACT THAT MAJOR CARROLL PERFORMED THE TRAVEL BY AIRPLANE IN LESS TIME THAN WOULD HAVE BEEN REQUIRED FOR TRAVEL BY RAIL DOES NOT ENTITLE HIM TO PAY AND ALLOWANCES FOR ANY PERIOD PRIOR TO THE DATE HE ACTUALLY COMMENCED TRAVEL--- THAT IS, OFFICIALLY COMPLIED WITH THE ORDERS. ACCORDINGLY, PAYMENT OF THE VOUCHER PRESENTED IS NOT AUTHORIZED. THE VOUCHER IS RETAINED IN THE FILES OF THIS OFFICE.