B-15951, MAY 9, 1941, 20 COMP. GEN. 757

B-15951: May 9, 1941

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MILEAGE - ARMY RESERVE OFFICERS - TRAVEL PRIOR TO FORMAL ORDERS AN ARMY RESERVE OFFICER MAY BE PAID MILEAGE FOR TRAVEL TO HIS FIRST DUTY STATION WHICH WAS PERFORMED PURSUANT TO A TELEGRAM FROM THE ASSISTANT SECRETARY OF WAR ADVISING HIM THAT HIS COMMISSION WAS READY AND REQUESTING HIM TO REPORT FOR ACTIVE DUTY. EVEN THOUGH THE TRAVEL WAS PRIOR TO THE EFFECTIVE DATE OF SUBSEQUENTLY ISSUED FORMAL ORDERS AND THE DATE OF RANK STATED THEREIN. FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER FOR $42.88. THE OFFICER WAS NOTIFIED BY TELEGRAM. AS FOLLOWS: YOUR COMMISSION AS LIEUTENANT COLONEL IS READY. TELEGRAPHIC REPLY WAS MADE BY THE OFFICER TO THE EFFECT THAT HE WOULD REPORT MONDAY.

B-15951, MAY 9, 1941, 20 COMP. GEN. 757

MILEAGE - ARMY RESERVE OFFICERS - TRAVEL PRIOR TO FORMAL ORDERS AN ARMY RESERVE OFFICER MAY BE PAID MILEAGE FOR TRAVEL TO HIS FIRST DUTY STATION WHICH WAS PERFORMED PURSUANT TO A TELEGRAM FROM THE ASSISTANT SECRETARY OF WAR ADVISING HIM THAT HIS COMMISSION WAS READY AND REQUESTING HIM TO REPORT FOR ACTIVE DUTY, EVEN THOUGH THE TRAVEL WAS PRIOR TO THE EFFECTIVE DATE OF SUBSEQUENTLY ISSUED FORMAL ORDERS AND THE DATE OF RANK STATED THEREIN.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. W. M. DIXON, UNITED STATES ARMY, MAY 9, 1941:

THERE HAS BEEN CONSIDERED YOUR REQUEST OF MARCH 26, 1941, FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER FOR $42.88, TRANSMITTED THEREWITH, IN FAVOR OF LT. COL. CONRAD E. SNOW, SIGNAL CORPS RESERVE, REPRESENTING MILEAGE FOR TRAVEL PERFORMED FROM ROCHESTER, H., TO WASHINGTON, D.C., INCIDENT TO THE OFFICER'S REPORTING FOR ACTIVE DUTY ON NOVEMBER 25, 1940.

THE OFFICER WAS NOTIFIED BY TELEGRAM, DATED NOVEMBER 16, 1940, FROM THE ASSISTANT SECRETARY OF WAR, AS FOLLOWS:

YOUR COMMISSION AS LIEUTENANT COLONEL IS READY. PLEASE REPORT FOR ACTIVE DUTY AT YOUR EARLY CONVENIENCE.

TELEGRAPHIC REPLY WAS MADE BY THE OFFICER TO THE EFFECT THAT HE WOULD REPORT MONDAY, NOVEMBER 25, UNLESS NEEDED SOONER, AND THE ASSISTANT SECRETARY OF WAR, BY LETTER TO THE OFFICER DATED NOVEMBER 19, 1940, ADVISED," I HAVE YOUR TELEGRAM AND SHALL EXPECT YOU MONDAY, NOVEMBER 25.' IT IS DISCLOSED THAT THE OFFICER LEFT ROCHESTER, N.H., NOVEMBER 24, 1940, AND REPORTED FOR ACTIVE DUTY ON NOVEMBER 25, 1940, AT WASHINGTON, D. C.

PARAGRAPH 23, SPECIAL ORDERS NO. 282, DATED NOVEMBER 30, 1940, ORDERS THE OFFICER TO ACTIVE DUTY EFFECTIVE NOVEMBER 30, 1940, PROVIDES HE WILL RANK FROM THE SAME DATE, AND INDICATES DATE OF RELIEF FROM DUTY AS NOVEMBER 29, 1941, BUT ON JANUARY 7, 1941, THIS ORDER WAS AMENDED TO SHOW THE EFFECTIVE DATE OF ACTIVE DUTY AND DATE OF RANK AS NOVEMBER 25, 1940, WITH DATE OF RELIEF FROM DUTY AS NOVEMBER 24, 1941, AND ON FEBRUARY 27, 1941, SUCH ORDER WAS AGAIN AMENDED TO INCLUDE THE FOLLOWING:

THE TRAVEL PERFORMED BY LIEUTENANT COLONEL CONRAD EDWIN SNOW, SIG 1RES., FOR THE PURPOSE OF ENTERING UPON ACTIVE DUTY PURSUANT TO TELEGRAPHIC ORDERS FROM THE ASSISTANT SECRETARY OF WAR, DATED NOVEMBER 18, 1940, IS HEREBY CONFIRMED AS HAVING BEEN NECESSARY IN THE MILITARY SERVICE. THE MILEAGE INVOLVED IS CHARGEABLE TO FD 1321 P15-0621 A 1505-01.

YOUR QUESTION AS STATED IN THE LAST PARAGRAPH OF YOUR LETTER OF MARCH 26, IS AS FOLLOWS:

IN VIEW OF THE FACT THAT THE OFFICER TRAVELED FROM HIS HOME IN ROCHESTER, NEW HAMPSHIRE, TO WASHINGTON, D.C., PRIOR TO THE DATE OF HIS RANK AND THE EFFECTIVE DATE OF HIS ORDERS, AND ENTERED ON ACTIVE DUTY, THE UNDERSIGNED IS IN DOUBT AS TO WHETHER MILEAGE IS DUE FOR THE PERIOD CLAIMED, AND YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER PAYMENT OF THE ATTACHED VOUCHER IS AUTHORIZED.

THE ACT OF JUNE 4, 1920, 41 STAT. 776, PROVIDES THAT A RESERVE OFFICER " WHEN ON ACTIVE DUTY * * * SHALL RECEIVE THE SAME * * * ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY * * * AND MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME.' TO BE ENTITLED TO MILEAGE FROM AN OFFICER'S HOME TO HIS FIRST DUTY STATION THERE MUST BE AN ORDER ISSUED WHICH ORDERS HIM TO ACTIVE DUTY AND THE TRAVEL MUST BE PERFORMED IN COMPLIANCE WITH THE ORDER. 17 COMP. GEN. 321. WHILE THE TELEGRAM RECEIVED BY THE OFFICER FROM THE ASSISTANT SECRETARY OF WAR WAS NOT IN THE USUAL FORM AND DID NOT CONTAIN THE USUAL STATEMENTS AS TO DATE OF RANK, ETC., IT NEVERTHELESS WAS AN ORDER TO THE OFFICER TO REPORT FOR ACTIVE DUTY. THAT IT WAS SO UNDERSTOOD BY THE OFFICER IS EVIDENT SINCE HE REPORTED PURSUANT THERETO, AND THE SAME INTERPRETATION ON THE PART OF THE ASSISTANT SECRETARY OF WAR IS APPARENT FROM HIS LETTER DATED NOVEMBER 19, 1940, QUOTED ABOVE, WHEREIN IT IS STATED THAT THE OFFICER WOULD BE EXPECTED ON A CERTAIN DATE. ALTHOUGH THE FORMAL AMENDED ORDER SHOULD HAVE SHOWN HIS ENTRY ON ACTIVE DUTY ON THE DAY HE COMMENCED THE JOURNEY AND HIS RELIEF FROM ACTIVE DUTY (PURSUANT TO PUBLIC RESOLUTION NO. 96 OF AUGUST 27, 1940, 54 STAT. 858) 1 YEAR THEREFROM, THAT SEEMS TO HAVE BEEN INTENDED AND IT IS ACCORDINGLY CONCLUDED THAT THE OFFICER TRAVELED PURSUANT TO COMPETENT ORDERS.

PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IF OTHERWISE CORRECT, IS AUTHORIZED.