B-23081, FEBRUARY 10, 1942, 21 COMP. GEN. 761

B-23081: Feb 10, 1942

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THE AIR TRAVEL STATUS OF THE PERSONNEL FOR PURPOSES OF PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE WILL BE TERMINATED BY THE DIRECTED DUTY. THEIR OTHERWISE CONTINUING AIR TRAVEL STATUS WILL NOT BE SO TERMINATED. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED TO SECOND LT. - THE DOUBT IN THIS CASE ARISES AS THE OFFICER IN QUESTION WAS ON DUTY AT SAVANNAH. FROM THE MANNER IN WHICH THE ORDER IS WRITTEN IT IS IMPOSSIBLE FOR A DISBURSING OFFICER TO DETERMINE WHETHER EACH OFFICER HAD A SPECIAL DUTY TO PERFORM AS AN INDIVIDUAL. OR WHETHER THE DUTY PERFORMED WAS SPECIALIZED TRAINING UNDER THE DIRECTION OF A SUPERIOR AND IN CONNECTION WITH THE STUDY AND SOLUTION OF WAR PROBLEMS. THE FOLLOWING PERSONNEL IN AIRPLANE AS INDICATED WILL PROCEED VIA THE BEST AVAILABLE AIR ROUTE FROM LANGLEY FIELD.

B-23081, FEBRUARY 10, 1942, 21 COMP. GEN. 761

SUBSISTENCE - AIR TRAVEL - MILITARY PERSONNEL ORDERS DIRECTING TRAVEL OF MILITARY PERSONNEL BY AIR SHOULD BE MADE SUFFICIENTLY SPECIFIC, WITHOUT DISCLOSING CONFIDENTIAL INFORMATION, TO PERMIT A REASONABLY CERTAIN DETERMINATION OF THEIR AIR TRAVEL STATUS FOR PURPOSES OF PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE AUTHORIZED BY SECTION 12 OF THE ACT OF JUNE 10, 1922, AS AMENDED, AND THE REGULATIONS ISSUED PURSUANT THERETO. WHERE ORDERS TO A SUBSTANTIAL NUMBER OF MILITARY PERSONNEL, NOT SPECIFICALLY DESIGNATED AS A MILITARY ORGANIZATION BUT FUNCTIONING AS SUCH UNDER A SUPERIOR COMMANDER, DIRECT AIR TRAVEL TO PARTICIPATE IN SIMULATED COMBAT ACTIVITIES, THE AIR TRAVEL STATUS OF THE PERSONNEL FOR PURPOSES OF PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE WILL BE TERMINATED BY THE DIRECTED DUTY, BUT WHERE ORDERS DIRECT THE TRAVEL OF A LIMITED NUMBER OF PERSONNEL, NOT AS A MILITARY ORGANIZATION OR COMMAND, FOR TEMPORARY INDIVIDUAL INSTRUCTION OR FOR THE PURPOSE OF TESTING EQUIPMENT, THEIR OTHERWISE CONTINUING AIR TRAVEL STATUS WILL NOT BE SO TERMINATED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. A. C. HARDEN, UNITED STATES ARMY, FEBRUARY 10, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 4, 1941, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED TO SECOND LT. JOHN B. HOLST, AIR CORPS, UNITED STATES ARMY, IN THE AMOUNT OF $37.50, COVERING HIS CLAIM FOR PER DIEM FOR THE PERIOD FROM 2:30 P.M., SEPTEMBER 7, 1941, TO 4:25 P.M., SEPTEMBER 13, 1941. YOU STATE THAT---

THE DOUBT IN THIS CASE ARISES AS THE OFFICER IN QUESTION WAS ON DUTY AT SAVANNAH, GEORGIA, FOR THE PURPOSE OF RECEIVING INSTRUCTIONS RELATIVE TO FLIGHTS IN CONNECTION WITH PURSUIT SEARCHLIGHT TESTS, AND FROM THE MANNER IN WHICH THE ORDER IS WRITTEN IT IS IMPOSSIBLE FOR A DISBURSING OFFICER TO DETERMINE WHETHER EACH OFFICER HAD A SPECIAL DUTY TO PERFORM AS AN INDIVIDUAL, IN WHICH CASE PAYMENT WOULD BE GOVERNED BY THE DECISION OF THE COMPTROLLER GENERAL, B-18468, DATED JULY 10, 1941, OR WHETHER THE DUTY PERFORMED WAS SPECIALIZED TRAINING UNDER THE DIRECTION OF A SUPERIOR AND IN CONNECTION WITH THE STUDY AND SOLUTION OF WAR PROBLEMS, IN WHICH CASE PAYMENT WOULD BE GOVERNED BY THE DECISION OF THE COMPTROLLER GENERAL, B- 20077, DATED SEPTEMBER 17, 1941.

THE ORDERS IN QUESTION, PARAGRAPH 1, OPERATIONS ORDERS NO. 46, HEADQUARTERS SECOND BOMBARDMENT GROUP (H), AIR FORCE COMMAND, OFFICE OF THE OPERATIONS OFFICER, LANGLEY FIELD, VA., DATED SEPTEMBER 7, 1941, DIRECT TRAVEL BY AIR AS FOLLOWS:

1. IN COMPLIANCE WITH INSTRUCTIONS CONTAINED IN LETTER, FILE 353, HEADQUARTERS 2ND BOMBARDMENT WING, AFCC, OFFICE OF THE WING COMMANDER, LANGLEY FIELD, VIRGINIA, AUGUST 11, 1941, SUBJECT: " SEARCHLIGHT MISSION- 1ANTI-1AIRCRAFT ARTILLERY" TO COMMANDING OFFICER, 2ND BOMBARDMENT GROUP (H), LANGLEY FIELD, VIRGINIA, THE FOLLOWING PERSONNEL IN AIRPLANE AS INDICATED WILL PROCEED VIA THE BEST AVAILABLE AIR ROUTE FROM LANGLEY FIELD, VIRGINIA, ON OR ABOUT SEPTEMBER 7, 1941, TO SAVANNAH, GEORGIA, FOR PURPOSE OF RECEIVING INSTRUCTIONS RELATIVE TO FLIGHTS IN CONNECTION WITH PURSUANT SEARCHLIGHT TEST, AND UPON COMPLETION OF THIS DUTY WILL RETURN VIA THE BEST AVAILABLE AIR ROUTE TO THEIR PROPER STATION, LANGLEY FIELD, VIRGINIA.

B-18A AIRPLANE A C NO. 37-593 2ND LIEUT. CLINTON W. UHR, O-393164, AIR CORPS. 2ND LIEUT. CHARLES W. VAN EEUWEN, O-411742, AIR CORPS. S/SGT. FREDERICK JERNEJEC, 6898426, HQ AND HQ SQUADRON, 2ND BOMB

GROUP (H) AFCC. PFC THEODORE S. ADAMCZYK, 6999349, HQ AND HQ SQUADRON, 2ND

BOMB GROUP (H) AFCC.

B-18A AIRPLANE A C NO. 38-607 2ND LIEUT. THEODORE B. SWANSON, 10 396331, AIR CORPS. 2ND LIEUT. CARL T. BUMGARNER, O-417180, AIR CORPS. SGT. CARSON BUTLER, JR., 6387445, 96TH BOMB SQUADRON, 2ND BOMB

GROUP (H) AFCC. PFC LESLIE T. FIGG, JR., 7024096, 96TH BOMB SQUADRON, 2ND

BOMB GROUP (H) AFCC.

B-18A AIRPLANE A C NO. 37-540 2ND LIEUT. JOHN B. HOLST, 10-393132, AIR CORPS. ST LIEUT. EUGENE D. ZADONTSEFF, 10-250453, AIR CORPS. SGT. RAYMOND GREGOR, 6995123, 49TH BOMB SQUADRON, 2ND BOMB GROUP

(H) AFCC.

CORP. WALTER H. SHERMAN, 6949156, 96TH BOMB SQUADRON, 2ND BOMB GROUP (H), AFCC, IS AUTHORIZED TO ACCOMPANY THIS FLIGHT AS PASSENGER FROM LANGLEY FIELD, VIRGINIA, TO SAVANNAH, GEORGIA, AND RETURN, ON A NON PER DIEM STATUS.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE.

IN LIEU OF SUBSISTENCE A FLAT PER DIEM OF SIX ($6.00) DOLLARS IS AUTHORIZED FOR TRAVEL BY AIR CHARGEABLE TO FD1588 P 30-06 A 10310-02.

DUTIES AT SAVANNAH, GEORGIA, BEING EXCEPTIONAL AND REQUIRING MORE THAN SEVENTY-TWO (72) HOURS, A DELAY OF SIX DAYS THEREAT IS AUTHORIZED.

THE FINANCE OFFICER TO WHOM THE EXPENSE ACCOUNTS ARE SUBMITTED AS A CONSEQUENCE OF THIS ORDER WILL FURNISH THE COMMANDING GENERAL, ST INTERCEPTOR COMMAND, MITCHEL FIELD, NEW YORK, WITH A COPY OF EACH VOUCHER, INDICATING THE AMOUNTS OBLIGATED AGAINST THE ABOVE PROCUREMENT AUTHORITY AS PRESCRIBED IN PARAGRAPH 13, ARMY REGULATIONS 35-1040, AUGUST 1, 1938.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED BY SECTION 1 OF THE ACT OF MARCH 2, 1931, 46 STAT. 1461, PROVIDES:

* * * THAT FOR TRAVEL BY AIR UNDER COMPETENT ORDERS ON DUTY WITHOUT TROOPS, UNDER REGULATIONS TO BE PRESCRIBED RESPECTIVELY BY THE HEADS OF THE DEPARTMENTS CONCERNED, MEMBERS (INCLUDING OFFICERS, WARRANT OFFICERS, CONTRACT SURGEONS, ENLISTED MEN, FLYING CADETS, AND MEMBERS OF THE NURSE CORPS) OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, * * * SHALL, IN LIEU OF MILEAGE OR OTHER TRAVEL ALLOWANCE, BE ALLOWED AND PAID THEIR ACTUAL AND NECESSARY TRAVELING EXPENSES NOT TO EXCEED $8 PER DAY, OR, IN LIEU THEREOF, PER DIEM ALLOWANCE AT RATES NOT TO EXCEED $6 PER DAY.

PARAGRAPHS 3 AND 4, ARMY REGULATIONS 35-4820, AUGUST 4, 1937, AS AMENDED BY WAR DEPARTMENT CIRCULAR NO. 151, JULY 28, 1941, ARE AS FOLLOWS:

3. TRAVEL WITH AND WITHOUT TROOPS DEFINED AND DELIVERED.--- 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---

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

4. TRAVEL BY AIR.--- A. DEFINED.--- THE TERM "TRAVEL BY AIR" IS DEFINED AS A JOURNEY IN AN AIRCRAFT MADE BY ORDERS OF COMPETENT AUTHORITY AND REQUIRING ONE OR MORE LANDINGS AWAY FROM THE STARTING POINT.

B. CONTINUOUS JOURNEY BY AIR.--- THE TERM "CONTINUOUS JOURNEY BY AIR" IS DEFINED AS ANY JOURNEY MADE IN AN AIRCRAFT BY ORDERS OF COMPETENT AUTHORITY FROM AND RETURN TO THE PLACE OF INITIAL DEPARTURE OR TO OTHER FINAL DESTINATION SPECIFIED IN THE ORDERS, WHICH REQUIRES ONE OR MORE LANDINGS, OR STOPS, PROVIDED THAT THE STOP, EXCEPT THAT DUE TO NECESSARY DELAY, IN ANY ONE LOCALITY DOES NOT EXCEED 72 HOURS; PROVIDED FURTHER, THAT WHERE IT HAS BEEN DETERMINED IN ADVANCE BY THE OFFICER ISSUING THE ORDER AND HE HAS SO STATED IN THE ORDER, THAT THE DUTIES ASSIGNED EN ROUTE ARE EXCEPTIONAL AND WILL PROBABLY REQUIRE MORE THAN 72 HOURS FOR THEIR PERFORMANCE, A DELAY OF 30 DAYS IN A CONTINUOUS JOURNEY BY AIR MAY BE AUTHORIZED. SEE 11 COMP. GEN. 437.

ORDERS DIRECTING TRAVEL BY AIR SHOULD BE MADE SUFFICIENTLY SPECIFIC THAT THE STATUS OF THE TRAVELER MAY BE DETERMINED WITH REASONABLE CERTAINTY, WITHOUT DISCLOSING CONFIDENTIAL INFORMATION. UNDER THE ORDERS HERE IN QUESTION THE OFFICER CLEARLY WAS IN AN AIR TRAVEL STATUS WHILE GOING TO AND RETURNING FROM SAVANNAH, GA. BY REASON OF THE DECISIONS CITED BY YOU, YOUR DOUBT WOULD APPEAR TO BE WHETHER THIS OFFICER WAS PARTICIPATING IN SIMULATED WARLIKE ACTIVITIES WHILE AT SAVANNAH. THE OFFICER IS COMMISSIONED IN THE ARMY TO PERFORM DUTY OF A MILITARY CHARACTER, AND WHERE THE ACTIVITIES DIRECTED CONSTITUTE ACTUAL WARFARE OR SIMULATED WARFARE HE IS NOT TRAVELING BUT IS PERFORMING THE DUTIES FOR WHICH HE IS COMMISSIONED.

THE DECISION OF JULY 10, 1941, B-18468, IS TO THE EFFECT THAT THE DIRECTION TO TRAVEL BY AIR TO FORT BENNING, GA., FOR THE PURPOSE OF PARTICIPATING IN PARACHUTE TESTS THEREAT, WAS A SPECIAL DUTY, UNDERSTOOD TO HAVE BEEN PERFORMED AS AN INDIVIDUAL, AND NOT UNDER DIRECTION OF A SUPERIOR OFFICER, AND THE CASE WAS DISTINGUISHED FROM THAT OF AN OFFICER ASSIGNED TO DUTY WITH TROOPS PARTICIPATING IN MANEUVERS, AS WERE THE CIRCUMSTANCES CONSIDERED IN A-75945, JULY 11, 1936, B-9617, MAY 18, 1940, AND B-15095, JUNE 4, 1941, 20 COMP. GEN. 856, CITED THEREIN.

THE DECISION OF SEPTEMBER 17, 1941, B-20077, ALSO REFERRED TO BY YOU IS TO THE EFFECT THAT THE DIRECTION TO TWO AIR CORPS OFFICERS AND 22 AIR CORPS ENLISTED MEN TO PROCEED AS A UNIT TO SAVANNAH AIR BASE "ON TEMPORARY DUTY FOR THE PURPOSE OF PARTICIPATING IN THE COMBINED TEST TO DETERMINE DOCTRINE AND METHODS OF AVIATION SUPPORT OF GROUND TROOPS," WAS TRAINING UNDER THE DIRECTION OF A SUPERIOR, AND WAS PARTICIPATION IN SIMULATED WARLIKE ACTIVITIES.

WHILE IT MAY NOT BE PRACTICABLE TO ESTABLISH A GENERAL RULE APPLICABLE IN ALL CASES, IF THE ORDERS DIRECT THE MOVEMENT OF A SUBSTANTIAL NUMBER OF OFFICERS OR ENLISTED MEN, OR BOTH, NOT SPECIFICALLY DESIGNATED AS A MILITARY ORGANIZATION, BUT FUNCTIONING AS SUCH UNDER A SUPERIOR COMMANDER TO PARTICIPATE IN SIMULATED COMBAT ACTIVITIES, WHETHER DESIGNATED AS MANEUVERS OR NOT, IT MUST BE REGARDED AS EQUIVALENT TO MANEUVERS. IF, HOWEVER, APPROPRIATE ORDERS DIRECT THE TRAVEL OF A LIMITED PERSONNEL, NOT AS A MILITARY ORGANIZATION OR COMMAND, FOR TEMPORARY INDIVIDUAL INSTRUCTION, OR FOR THE PURPOSE OF TESTING EQUIPMENT, TO THE EXTENT THE TRAVEL STATUS OTHERWISE CONTINUES, IT WILL NOT BE TERMINATED BY THE DUTY DIRECTED.

THE ORDERS HERE IN QUESTION DIRECT THE MOVEMENT OF A LIMITED NUMBER OF OFFICERS AND ENLISTED ,"FOR PURPOSE OF RECEIVING INSTRUCTIONS RELATIVE TO FLIGHTS IN CONNECTION WITH PURSUIT SEARCHLIGHT TEST.'

INDIVIDUAL INSTRUCTION WAS CONTEMPLATED TO PERFECT THOSE CONCERNED IN THE PERFORMANCE OF A DUTY OF A SPECIFIC CHARACTER; THE FACT THAT SUCH INSTRUCTION WOULD ENABLE THE INDIVIDUAL TO FUNCTION TO BETTER ADVANTAGE IN THE PERFORMANCE OF HIS PARTICULAR MILITARY DUTY IN ACTUAL COMBAT DOES NOT AFFECT HIS TRAVEL STATUS. IN THE ABSENCE OF OTHER EVIDENCE OR KNOWLEDGE OF FACTS SUGGESTING ILLEGALITY OR OTHER IRREGULARITY IN THE ISSUANCE OF THE ORDERS, YOU ARE ADVISED THAT IF OTHERWISE CORRECT PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH.