B-21165, NOVEMBER 3, 1941, 21 COMP. GEN. 409

B-21165: Nov 3, 1941

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SERVING WITHOUT COMPENSATION IN AN ADVISORY CAPACITY TO THE SECRETARY OF WAR ARE GOVERNED BY THE TERMS OF THE AGREEMENT UNDER WHICH THE TRAVEL WAS PERFORMED AND ARE NOT SUBJECT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IN THE ABSENCE OF A CONTRARY INDICATION IN HIS TRAVEL ORDER OR OTHERWISE. AS FOLLOWS: ATTACHED HERETO IS A VOUCHER IN FAVOR OF MR. THE AMOUNTS CLAIMED ON THIS VOUCHER ARE EXCESS PLANE FARE FROM ATLANTA. BOND WAS ALLOWED THE PRICE OF A ROUND-TRIP TICKET FROM ATLANTA. IN VIEW OF THE FACT THAT TRAVEL BY AUTOMOBILE WAS NOT AUTHORIZED IN ADVANCE AND NO RATE PER MILE WAS STATED IN THE TRAVEL ORDER. ALSO A ROUND-TRIP TICKET FOR PLANE FARE WAS NOT SECURED. THE UNDERSIGNED IS IN DOUBT AS TO WHETHER PAYMENT OF THE ATTACHED VOUCHER IS AUTHORIZED.

B-21165, NOVEMBER 3, 1941, 21 COMP. GEN. 409

TRAVELING EXPENSES - PRIVATE PARTIES ACTING IN ADVISORY CAPACITY THE TRANSPORTATION AND TRAVELING EXPENSES OF A PRIVATE PARTY, NOT IN THE FEDERAL SERVICE, SERVING WITHOUT COMPENSATION IN AN ADVISORY CAPACITY TO THE SECRETARY OF WAR ARE GOVERNED BY THE TERMS OF THE AGREEMENT UNDER WHICH THE TRAVEL WAS PERFORMED AND ARE NOT SUBJECT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IN THE ABSENCE OF A CONTRARY INDICATION IN HIS TRAVEL ORDER OR OTHERWISE.

COMPTROLLER GENERAL WARREN TO COL. W. M. DIXON, U.S. ARMY, NOVEMBER 3, 1941:

BY FIRST INDORSEMENT DATED OCTOBER 13, 1941, THE CHIEF OF FINANCE, WAR DEPARTMENT, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF OCTOBER 19, 1941 ).016 ( BOND, HORACE M.) P AND MD-MFC-MS), AS FOLLOWS:

ATTACHED HERETO IS A VOUCHER IN FAVOR OF MR. HORACE M. BOND, EXPERT CONSULTANT TO THE SECRETARY OF WAR, IN THE AMOUNT OF $16.40 COVERING TRAVEL EXPENSES, WHICH HAS BEEN PRESENTED TO THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

THE AMOUNTS CLAIMED ON THIS VOUCHER ARE EXCESS PLANE FARE FROM ATLANTA, GEORGIA, TO WASHINGTON, D.C., AND RETURN, AND MILEAGE AT THE RATE OF 5 CENTS PER MILE FOR TRAVEL FROM FORT VALLEY, GEORGIA, TO ATLANTA, GEORGIA, AND RETURN. MR. BOND WAS ALLOWED THE PRICE OF A ROUND-TRIP TICKET FROM ATLANTA, GEORGIA, TO WASHINGTON, D.C., AND RETURN. THE AMOUNT CLAIMED ON THIS VOUCHER OF $7.20 REPRESENTS THE EXCESS PLANE FARE OVER THE ROUND-TRIP RATE.

IN VIEW OF THE FACT THAT TRAVEL BY AUTOMOBILE WAS NOT AUTHORIZED IN ADVANCE AND NO RATE PER MILE WAS STATED IN THE TRAVEL ORDER, AND ALSO A ROUND-TRIP TICKET FOR PLANE FARE WAS NOT SECURED, THE UNDERSIGNED IS IN DOUBT AS TO WHETHER PAYMENT OF THE ATTACHED VOUCHER IS AUTHORIZED, AND YOUR DECISION IN THE MATTER IS RESPECTFULLY REQUESTED.

THE TRAVEL ORDER ISSUED TO MR. HORACE M. BOND, FORT VALLEY STATE COLLEGE, FORT VALLEY, GA., IS DATED JUNE 18, 1941, AND READS AS FOLLOWS:

CONFIRMING INSTRUCTIONS WHICH WERE GIVEN YOU, YOU ARE HEREBY DIRECTED TO PROCEED ON OR ABOUT JUNE 16, 1941, FROM FORT VALLEY, GEORGIA, TO WASHINGTON, D.C., ON OFFICIAL BUSINESS IN CONNECTION WITH THE JOINT ARMY AND NAVY COMMITTEE ON WELFARE AND RECREATION, AND UPON COMPLETION THEREOF TO RETURN TO FORT VALLEY, GEORGIA. DUE TO THE EXIGENCIES OF THE SERVICE IT WAS IMPRACTICABLE TO ISSUE TRAVEL ORDERS TO YOU IN ADVANCE OF THE TRAVEL DIRECTED.

YOUR ACTUAL TRANSPORTATION EXPENSES WILL BE PAID AND A PER DIEM OF $10.00 IN LIEU OF SUBSISTENCE AND OTHER EXPENSES WILL BE ALLOWED FOR THE TIME OF TRAVEL TO AND FROM THE ABOVE, AND FOR THE TIME THEREAT IN THE PERFORMANCE OF ABOVE DUTY, PAYABLE ( PUB. NO. 611 - 76TH CONGRESS) FROM FUNDS TO BE ALLOCATED BY THE CHIEF OF FINANCE.

YOU ARE AUTHORIZED TO USE COMMERCIAL AIRCRAFT OR RAIL.

THE TRAVEL DIRECTED IS NECESSARY IN THE PUBLIC SERVICE.

BY ORDER OF THE SECRETARY OF WAR.

PURSUANT TO "INSTRUCTIONS" CONFIRMED BY THE ABOVE-QUOTED TRAVEL ORDER, MR. BOND TRAVELED FROM FORT VALLEY, GA., TO ATLANTA, GA., BY PRIVATELY OWNED AUTOMOBILE, JUNE 17, 1941, FROM ATLANTA, GA., TO WASHINGTON, D.C., BY AIRPLANE THE SAME DAY, RETURNING TO ATLANTA BY AIRPLANE JUNE 20, 1941, AND FROM ATLANTA TO FORT VALLEY, GA., BY PRIVATELY OWNED AUTOMOBILE. THE SUBMITTED VOUCHER COVERS RECLAIM OF THE SUM OF $16.40, SAID TO HAVE BEEN DEDUCTED ON VOUCHER NO. 24,248 OF YOUR AUGUST 1941 ACCOUNTS, $7.20 OF WHICH AMOUNT REPRESENTS EXCESS AIRPLANE FARE, I.E., THE DIFFERENCE BETWEEN STRAIGHT AIRPLANE FARE FROM ATLANTA, GA., TO WASHINGTON, D.C., AND RETURN AND THE APPLICABLE ROUND TRIP FARE, AND THE BALANCE, $9.20, REPRESENTING MILEAGE CLAIMED FOR 184 MILES AT 5 CENTS PER MILE. THESE DEDUCTIONS APPEAR TO HAVE BEEN MADE BECAUSE OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PARAGRAPH 16 OF WHICH REGULATIONS REQUIRES THE PROCUREMENT OF ROUND-TRIP TICKETS WHENEVER PRACTICABLE AND ECONOMICAL, AND PARAGRAPH 12 (A) OF WHICH WAS NOT COMPLIED WITH IN RESPECT OF THE MILEAGE CLAIM, I.E., THERE HAVE BEEN NO ADVANCE AUTHORIZATION ISSUED FOR USE OF A PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS.

THE APPROPRIATION ACT APPROVED JUNE 13, 1940, 54 STAT. 350 ( PUBLIC, NO. 611, REFERRED TO IN THE SECOND PARAGRAPH OF THE TRAVEL ORDER), CONTAINS THE FOLLOWING UNDER THE HEADING " SALARIES, WAR DEPARTMENT," SUBHEADING " OFFICE OF SECRETARY OF WAR: "

* * * PROVIDED, THAT NOT TO EXCEED $50,000 OF THE APPROPRIATIONS CONTAINED IN THIS ACT FOR MILITARY ACTIVITIES SHALL BE AVAILABLE FOR THE PAYMENT OF ACTUAL TRANSPORTATION EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES OF PERSONS SERVING WHILE AWAY FROM THEIR HOMES, WITHOUT OTHER COMPENSATION, IN AN ADVISORY CAPACITY TO THE SECRETARY OF WAR * * *.

WHILE IT IS NOT SO STATED IN THE PAPERS FORWARDED WITH YOUR LETTER, IT IS UNDERSTOOD FROM THE SECOND PARAGRAPH OF THE TRAVEL ORDER THAT MR. BOND WAS NOT IN FEDERAL SERVICE, THAT IS, HE WAS NOT HOLDING AN OFFICE OF HONOR OR TRUST UNDER THE UNITED STATES GOVERNMENT BUT WAS SERVING WITHOUT COMPENSATION IN AN ADVISORY CAPACITY TO THE SECRETARY OF WAR UNDER AUTHORITY OF THE ABOVE-QUOTED APPROPRIATION ACT.

IF--- AS IT IS ASSUMED--- MR. BOND WAS NOT AN OFFICER OR EMPLOYEE OF THE UNITED STATES DURING THE TRAVEL TIME INVOLVED, HIS TRANSPORTATION AND TRAVELING EXPENSES WERE NOT SUBJECT TO THE GENERAL RESTRICTIONS PRESCRIBED BY STATUTE, THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AND THE RULES STATED IN THE DECISIONS OF THIS OFFICE THEREUNDER, APPLICABLE TO OFFICERS AND EMPLOYEES OF THE UNITED STATES, BUT HIS RIGHT TO REIMBURSEMENT IS GOVERNED BY THE TERMS OF THE AGREEMENT UNDER WHICH THE TRAVEL WAS PERFORMED. SEE 8 COMP. GEN. 465, AND THE DECISIONS THEREIN CITED; ALSO 21 COMP. GEN. 29. COMPARE DECISION OF OCTOBER 27, 1941, B-21014, 21 COMP. GEN. 377, AND THE DECISIONS THEREIN CITED, APPLICABLE TO PERSONS WHO ARE APPOINTED TO, AND HOLD, AN OFFICE OF HONOR OR TRUST UNDER THE UNITED STATES GOVERNMENT AND SERVICE WITHOUT COMPENSATION.

THERE IS NOTHING IN THE TRAVEL ORDER OR OTHERWISE IN THE PAPERS FORWARDED WITH YOUR LETTER TO INDICATE THAT THE TRAVEL OF MR. BOND IN THIS INSTANCE WAS TO BE CONTROLLED BY THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, INCLUDING PARAGRAPH 16 REQUIRING THE PURCHASE OF ROUND -TRIP TICKETS WHENEVER PRACTICABLE AND ECONOMICAL, OR THE PROVISIONS OF PARAGRAPH 12 (A) THEREOF, AS WELL AS THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AS AMENDED BY SECTION 9 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1516, AND THE ACT OF APRIL 25, 1940, 54 STAT. 167, AUTHORIZING MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE FOR OFFICIAL BUSINESS ONLY WHEN AUTHORIZED IN ADVANCE AND WHEN TRAVEL ON THAT BASIS HAS BEEN DETERMINED TO BE MORE ECONOMICAL AND ADVANTAGEOUS TO THE UNITED STATES THAN TRAVEL BY COMMON CARRIER (11 COMP. GEN. 126, ID. 333, 12 ID. 528, 16 ID. 502).

ACCORDINGLY, YOU ARE AUTHORIZED TO PAY THE VOUCHER RETURNED HEREWITH, IF OTHERWISE CORRECT.