B-19170, AUGUST 25, 1941, 21 COMP. GEN. 178

B-19170, AUGUST 25, 1941, 21 COMP. GEN. 178

MILEAGE - ARMY OFFICERS - TRAVEL TO PLACE OF FIELD DUTY IN ARMY VEHICLE AN ARMY OFFICER TRAVELING BY ARMY VEHICLE WITH AN ENLISTED DRIVER TO FIELD DUTY INVOLVING THE USE OF THE VEHICLE IS TRAVELING WITH TROOPS--- WHETHER OR NOT THE TRAVEL WAS WITH OTHER VEHICLES ASSIGNED TO SUCH DUTY -- WITHIN THE MEANING OF ARMY REGULATIONS PROVIDING IN EFFECT THAT TRAVEL WITH TROOPS WILL BE REGARDED AS COVERING ALL CASES OF TRAVEL UNDER ORDERS FOR MOVEMENT OF DETACHMENTS, ESCORTS, OR STORES, WHERE THE MOVEMENT OVERLAND IS MADE BY MARCH OR BY TRANSPORTATION BELONGING TO THE UNITED STATES, AND, THEREFORE, IS NOT ENTITLED TO MILEAGE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. H. A. GARDYNE, U.S. ARMY, AUGUST 25, 1941:

THERE WAS RECEIVED JULY 24, 1941, YOUR REQUEST, FILE 245.6, FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY LT. COL. ROY M. MCCUTCHEN, CORPS OF ENGINEERS, U.S. ARMY, THE SUM OF $19.60, COVERING HIS CLAIM FOR MILEAGE FOR TRAVEL FROM FORT BELVOIR, VA., TO FORT DIX, N.J., AND RETURN WITH FOUR OTHER OFFICERS, UTILIZING AS TRANSPORTATION FIVE DODGE 1/2-TON COMMAND CARS, EACH DRIVEN BY AN ENLISTED MAN.

PARAGRAPH 1, SPECIAL ORDERS NO. 61, HEADQUARTERS FIFTH ENGINEERS, FORT BELVOIR, VA., DATED APRIL 18, 1941, IS AS FOLLOWS:

1. PURSUANT TO INSTRUCTIONS CONTAINED IN LETTER, HEADQUARTERS, II ARMY CORPS, WILMINGTON, DELAWARE, DATED APRIL 15, 1941, FILE AG 210.6, SUBJECT: " DETAIL OF UMPIRES," THE FOLLOWING-NAMED OFFICERS AND ENLISTED MEN, 5TH ENGINEERS AND COMPANY A, 84TH ENGINEER BATTALION ( CAM) ( ARMY), WILL PROCEED VIA GOVERNMENT TRANSPORTATION ON OR ABOUT SUNDAY, APRIL 20, 1941, TO FORT DIX, NEW JERSEY, REPORTING TO C.P., II ARMY CORPS PRIOR TO 7:45 A.M., MONDAY, APRIL 21, 1941. UPON RELEASE BY THE COMMANDING GENERAL, II ARMY CORPS, THESE OFFICERS AND ENLISTED MEN WILL RETURN TO THEIR PROPER STATION:

LT. COLONEL ROY M. MCCUTCHEN (0-8875).

MAJOR ALAN J. MCCUTCHEN (0-17093).

CAPTAIN SIDNEY G. SPRING (0-19770).

CAPTAIN JULIAN V. SOLLOHUB (0-20584), COMPANY "A," 84TH

ENGINEER BATTALION.

ST LIEUT. RICHARD D. WOLFE (0-21743).

SERGEANT JOHN F. JONES, 6995636, COMPANY "D," DRIVING DODGE

1/2-TON COMMAND CAR, USA REG. NO. W-2013705.

PVT. CL ROBERT K. HUDSON, 13002362, COMPANY "B," DRIVING

DODGE 1/2-TON COMMAND CAR, USA REG. NO. W-2013514.

PVT. RICHARD J. MORGAN, 6949641, H AND S COMPANY, DRIVING DODGE

1/2-TON COMMAND CAR, USA REG. NO. W-206856.

PVT. CL HARLEY H. DIETRICH, 6995066, H AND S COMPANY, DRIVING

DODGE 1/2-TON COMMAND CAR, USA REG. NO. 205218.

PRIVATE MARVIN S. HUTCHISON, 33010254, COMPANY "E," DRIVING

DODGE 1/2-TON COMMAND CAR, USA REG. NO. W-2013710.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITY FD 1571 P 31-06 A 10310-01. THE FINANCE OFFICER PAYING THIS ACCOUNT WILL REPORT THE COST THEREOF DIRECT TO THE COMMANDING GENERAL, II ARMY CORPS, WILMINGTON, DELAWARE.

TO BE ENTITLED TO THE PAYMENT OF MILEAGE UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED BY THE ACT OF JUNE 1, 1926, 44 STAT. 680, THE OFFICER MUST HAVE PERFORMED TRAVEL UNDER COMPETENT ORDERS WITHOUT TROOPS, AND THE QUESTION SUBMITTED IS WHETHER THIS MOVEMENT OVERLAND MAY BE REGARDED AS TRAVEL WITHOUT TROOPS. THE SECRETARY OF WAR IS CHARGED UNDER THE ACT OF JUNE 12, 1906, 34 STAT. 246, WITH DETERMINING WHAT IS OR IS NOT TRAVEL WITH TROOPS, AND PURSUANT TO SUCH AUTHORIZATION, REGULATIONS PROMULGATED IN PARAGRAPH 3A (2), OF AR 35-4820, PROVIDES THAT:

TRAVELING WITH TROOPS WILL BE REGARDED AS COVERING ALL CASES OF TRAVEL INCLUDED---

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 * * *.

COMMAND CARS ARE DESCRIBED IN AR 850-15 (G) AS VEHICLES DESIGNED PRIMARILY FOR USE OF COMMANDERS AND STAFF OF UNITS IN THE FIELD. WHILE NOT STATED IN THE ORDERS, IT WOULD APPEAR THAT EACH OFFICER WAS ASSIGNED A COMMAND CAR, WITH AN ENLISTED MAN SERVING AS DRIVER, AND THAT SUCH FIELD DUTY AS UMPIRES AT THE COMMAND POST EXERCISES AT CAMP DIX, N.J. PRESUMABLY THE FIVE CARS MOVED AS A UNIT, OR DETACHMENT, UNDER THE COMMAND OF THE SENIOR OFFICER, HOWEVER, WHETHER THE TRAVEL WAS ACCOMPLISHED INDIVIDUALLY OR AS A UNIT, THE MOVEMENT, WHILE INVOLVING LESS THAN 10 ENLISTED MEN WAS NOT ORDERED "BY RAIL, STAGE, OR LIKE ESTABLISHED LINES OF CONVEYANCES," BUT WAS BY MARCHING OVERLAND BY ARMY FIELD EQUIPMENT, AND WAS WITHIN THE CONDITIONS SET OUT IN THE CITED PROVISIONS OF PARAGRAPH 3A (2) AR 35-4820, AND WAS TRAVEL WITH TROOPS. THIS APPLICATION OF THE REGULATIONS IS CONSISTENT WITH THAT IN B-13221, DECEMBER 5, 1940, REFERRED TO IN FORWARDING THIS CASE, WHEREIN IT WAS STATED THAT IF SUCH APPLICATION IS INCONSISTENT WITH DECISION OF APRIL 18, 1929, A-26752, ALSO REFERRED TO, THAT DECISION WILL NO LONGER BE FOLLOWED.

THE DISTINCTION BETWEEN TRAVEL WITH TROOPS OR TRAVEL WITHOUT TROOPS, FOR THE PURPOSE OF MILEAGE, IS NOT DEPENDENT UPON THE NUMBER OF CARS IN THE MOVEMENT. IF AN OFFICER IS ASSIGNED TO THE PERFORMANCE OF AN ARMY DUTY WITH THE USE OF AN AUTOMOBILE AND AN ENLISTED DRIVER--- ARMY EQUIPMENT--- FOR ITS PERFORMANCE, THE FACT THAT MOVEMENT IS INVOLVED, WHETHER IT BE AT THE IMMEDIATE POST OR STATION OR AT A PLACE MORE DISTANT, WILL NOT CONSTITUTE IT TRAVEL, OR TRAVEL WITHOUT TROOPS, FOR THE PURPOSE OF PAYMENT OF MILEAGE. THE REGULATIONS QUOTED INTEND TO NEGATIVE PAYMENT OF MILEAGE FOR THE PERFORMANCE OF ARMY DUTY WHERE ARMY EQUIPMENT IS FURNISHED FOR THE NECESSARY MOVEMENT TO PERFORM THE ASSIGNED DUTY.

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