B-14348, JANUARY 22, 1941, 20 COMP. GEN. 401

B-14348, JANUARY 22, 1941, 20 COMP. GEN. 401

MILEAGE - ARMY OFFICERS - TRAVEL WITH SELECTIVE TRAINEES AN ARMY OFFICER ON DUTY AS TRAIN COMMANDER CONVOYING ENLISTED MEN SELECTED AND INDUCTED INTO THE ARMY OF THE UNITED STATES UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF SEPTEMBER 16, 1940, AND THE REGULATIONS ISSUED PURSUANT THERETO, WAS TRAVELING WITH TROOPS WITHIN THE MEANING OF THE APPLICABLE ARMY REGULATIONS, AND, HENCE, IS NOT ENTITLED TO THE MILEAGE PROVIDED BY SECTION 12 OF THE NATIONAL DEFENSE ACT, AS AMENDED, FOR TRAVEL WITHOUT TROOPS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. W. A. ENOS, UNITED STATES ARMY, JANUARY 22, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 9, 1940, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY CAPT. KELSIE L. REAVES, INFANTRY, U.S. ARMY, $19.60 ON EACH OF TWO VOUCHERS, CONSTITUTING HIS CLAIMS FOR MILEAGE FOR TRAVEL PERFORMED NOVEMBER 27 AND 29, 1940, FROM FORT SHERIDAN, ILL., TO FORT SNELLING, MINN., AS TRAIN COMMANDER CONVOYING SELECTIVE TRAINEES.

SPECIAL ORDERS NO. 269, DATED NOVEMBER 26, 1940, AND SPECIAL ORDERS NO. 271, NOVEMBER 28, 1940, HEADQUARTERS, FORT SHERIDAN, ILL., DIRECTED THE TRANSFER OF 255 SELECTIVE TRAINEES AND 317 SELECTIVE TRAINEES, RESPECTIVELY, ALL RATED AS PRIVATES, FROM THE RECRUIT RECEPTION CENTER AT FORT SHERIDAN, TO THE FORT SNELLING RECRUIT RECEPTION CENTER, IN CHARGE OF A CONVOY DETAIL CONSISTING OF THREE OFFICERS, ONE TRAIN COMMANDER, ONE TRAIN QUARTERMASTER, AND ONE MEDICAL OFFICER, AND SEVEN NONCOMMISSIONED OFFICERS.

SECTION 12 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 1, 1926, 44 STAT. 680, PROVIDES:

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, * * *

THE ACT OF JUNE 12, 1906, 34 STAT. 246, PROVIDES THAT---

THE SECRETARY OF WAR MAY DETERMINE WHAT SHALL CONSTITUTE TRAVEL * * * WITHOUT TROOPS WITHIN THE MEANING OF THE LAWS GOVERNING THE PAYMENT OF MILEAGE * * * TO OFFICERS OF THE ARMY: * * *

PARAGRAPHS 3A AND B, ARMY REGULATIONS 34-4820, AUGUST 4, 1937, IS AS FOLLOWS:

TRAVEL WITH AND WITHOUT TROOPS DEFINED AND DETERMINED.--- A. WITH TROOPS. --- TRAVELING WITH TROOPS WILL BE REGARDED AS COVERING ALL CASES OF TRAVEL INCLUDED---

(1) UNDER ORDERS FOR MOVEMENT, IN WHATEVER MANNER, OF THE OFFICERS' APPROPRIATE COMMANDS.

(2) UNDER ORDERS FOR MOVEMENT OF DETACHMENTS, ESCORTS, OR STORES, WHERE THE MOVEMENT IS MADE BY MARCHES OR BY TRANSPORTATION BELONGING TO OR ESPECIALLY HIRED FOR THE PURPOSE BY THE UNITED STATES.

(3) UNDER ORDERS DIRECTING OFFICERS TO ACCOMPANY TROOPS.

B. WITHOUT TROOPS.--- TRAVELING WITHOUT TROOPS WILL BE REGARDED AS COVERING CASES OF---

(1) OFFICERS INCLUDED IN THE MOVEMENT, BY RAILROAD, STAGE OR LIKE ESTABLISHED LINES OF CONVEYANCE, EXCEPT BY AIR, OF DETACHMENTS OF LESS THAN 10 ARMED OR UNARMED MEN (EXCLUSIVE OF OFFICERS), SUCH AS GUARDS AND NURSES FOR DISABLED OR INSANE OFFICERS OR SOLDIERS, AND ESCORTS FOR INSPECTORS, QUARTERMASTERS, AND OTHERS, AND GUARDS FOR PUBLIC FUNDS OR PROPERTY IN THEIR CHARGE (EXAMPLES SHOWN ARE ILLUSTRATIVE, NOT INCLUSIVE); AND OF OFFICERS WITH RECRUITING PARTIES OF LESS THAN 10 MEN (EXCLUDING OFFICERS), WHEN IT IS NECESSARY TO BE ABSENT FROM THEIR REGULAR STATION FOR MORE THAN 24 HOURS, WHETHER THE TRAVEL BE PERFORMED BY SUCH ESTABLISHED LINES OF CONVEYANCES OR BY TRANSPORTATION BELONGING TO OR ESPECIALLY HIRED FOR THE PURPOSE BY THE UNITED STATES. IT WILL ALSO INCLUDE CASES OF OFFICERS TRAVELING IN CHARGE OF A DETACHMENT OF RECRUITS, WHATEVER THE SIZE OF SUCH DETACHMENT.

(2) TRAVEL BY AIR UNDER CIRCUMSTANCES WHICH RENDER IT IMPRACTICABLE TO CARRY FACILITIES FOR MESSING AND SHELTERING.

(3) TRAVEL UNDER CIRCUMSTANCES ESPECIALLY DETERMINED BY THE SECRETARY OF WAR IN EACH CASE.

THE ENLISTED MEN TRANSPORTED WERE SELECTED AND INDUCTED INTO THE ARMY OF THE UNITED STATES UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF SEPTEMBER 16, 1940, AND THE SELECTIVE SERVICE REGULATIONS PROMULGATED BY THE PRESIDENT PURSUANT TO SUCH ACT. AS IT APPEARS THESE MEN HAVE BEEN INDUCTED AS MEMBERS OF THE LAND FORCES THROUGH THE OPERATION OF THE SELECTIVE SERVICE SYSTEM, SEE PARAGRAPHS 406 AND 429 OF THE REGULATIONS, THE OFFICER WAS TRAVELING WITH TROOPS WITHIN THE MEANING OF PARAGRAPH 3A (3), ARMY REGULATIONS 35-4820. SEE 26 COMP. DEC. 81 AND 776.

YOU ARE ADVISED PAYMENT OF MILEAGE IS NOT AUTHORIZED ON THE VOUCHERS WHICH WILL BE RETAINED IN THIS OFFICE.