B-16422, MAY 9, 1941, 20 COMP. GEN. 759

B-16422: May 9, 1941

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GENERAL ACCOUNTING OFFICE - ADVANCE DECISIONS - EFFECT ON DISBURSING OFFICER'S LIABILITY A DISBURSING OFFICER IS NOT PROTECTED WITH RESPECT TO A PAYMENT UNDER AN ADVANCE DECISION WHERE THERE HAS BEEN A FAILURE IN SUBMITTING THE MATTER TO STATE THE FACTS RAISING A DOUBT AS TO THE LEGALITY OF PAYMENT AND SUCH FACTS ARE NOT APPARENT FROM THE PAPERS SUBMITTED. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY ST LT. THE SUM OF $6.80 COVERING MILEAGE FOR TRAVEL STATED ON THE VOUCHER TO HAVE BEEN PERFORMED APRIL 11. MAXWELL IS SHOWN AS 7525 EAST END AVE. THE PAYMENT IS AUTHORIZED ONLY FOR TRAVEL ACTUALLY AND NECESSARILY PERFORMED PURSUANT TO COMPETENT ORDERS WITHOUT TROOPS. NO REASON IS PERCEIVED FOR THE SUBMISSION OF THE VOUCHER FOR ADVANCE DECISION.

B-16422, MAY 9, 1941, 20 COMP. GEN. 759

GENERAL ACCOUNTING OFFICE - ADVANCE DECISIONS - EFFECT ON DISBURSING OFFICER'S LIABILITY A DISBURSING OFFICER IS NOT PROTECTED WITH RESPECT TO A PAYMENT UNDER AN ADVANCE DECISION WHERE THERE HAS BEEN A FAILURE IN SUBMITTING THE MATTER TO STATE THE FACTS RAISING A DOUBT AS TO THE LEGALITY OF PAYMENT AND SUCH FACTS ARE NOT APPARENT FROM THE PAPERS SUBMITTED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. H. D. AYERS, UNITED STATES ARMY, MAY 9, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 23, 1941, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY ST LT. ARTHUR J. MAXWELL, AG 1RES., UNITED STATES ARMY, THE SUM OF $6.80 COVERING MILEAGE FOR TRAVEL STATED ON THE VOUCHER TO HAVE BEEN PERFORMED APRIL 11, 1941, FROM CHICAGO, ILL., TO MILWAUKEE, WIS., PURSUANT TO PARAGRAPH 9, SPECIAL ORDERS NO. 77, HEADQUARTERS, SIXTH CORPS AREA, DATED APRIL 2, 1941, WHICH ORDERED HIM TO EXTENDED ACTIVE DUTY FOR 1 YEAR EFFECTIVE APRIL 10, 1941, AND DIRECTED HIM TO REPORT TO THE COMMANDING OFFICER, GENERAL DISPENSARY, UNITED STATES ARMY, UNITED STATES POST OFFICE BUILDING, CHICAGO, ILL., FOR PHYSICAL EXAMINATION, AND, IF FOUND PHYSICALLY QUALIFIED, TO PROCEED TO MILWAUKEE, WIS., AND REPORT UPON ARRIVAL TO THE COMMANDING OFFICER, UNITED STATES ARMY INDUCTION STATION, FOR DUTY. THE HOME OF LT. MAXWELL IS SHOWN AS 7525 EAST END AVE., CHICAGO, ILL.

SECTION 37A OF THE NATIONAL DEFENSE ACT, 41 STAT. 776, AUTHORIZES PAYMENT OF MILEAGE FROM THE OFFICER'S HOME TO HIS FIRST STATION, HOWEVER, THE PAYMENT IS AUTHORIZED ONLY FOR TRAVEL ACTUALLY AND NECESSARILY PERFORMED PURSUANT TO COMPETENT ORDERS WITHOUT TROOPS. IF HE ACTUALLY PERFORMED THE TRAVEL DIRECTED WITHOUT TROOPS FROM CHICAGO TO MILWAUKEE, ON APRIL 11, 1941, AS SHOWN BY THE VOUCHER, NO REASON IS PERCEIVED FOR THE SUBMISSION OF THE VOUCHER FOR ADVANCE DECISION. BUT IF SUCH IS THE CASE AND, IF OTHERWISE CORRECT, PAYMENT MAY BE MADE ON THE VOUCHER RETURNED HEREWITH. IT SHOULD BE UNDERSTOOD, HOWEVER, THAT A DISBURSING OFFICER IS NOT PROTECTED IN A PAYMENT CONSIDERED IN AN ADVANCE DECISION WHERE THERE HAS BEEN FAILURE TO STATE THE FACTS RAISING A DOUBT AS TO THE LEGALITY OF PAYMENT WHEN SUCH FACTS ARE NOT APPARENT FROM THE PAPERS SUBMITTED.