B-23610, MAR 5, 1942

B-23610, MAR 5, 1942

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL R. K. LEBROU, F.D., U.S. ARMY:

POLAND AND DAUPHINE STREETS

NEW ORLEANS, LOUISIANA

THERE HAS BEEN RECEIVED BY FIRST INDORSEMENT DATED JANUARY 29, 1942, YOUR LETTER DATED DECEMBER 30, 1941, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS TRANSMITTED THEREWITH, ONE IN FAVOR OF LIEUTENANT COLONEL LEONIDAS L. KOONTZ, AIR CORPS, HEADQUARTERS 2ND AIR TASK FORCE SERVICE COMMAND, U.S. ARMY, COVERING PER DIEM IN LIEU OF SUBSISTENCE AT $6 FOR 1 1/4 DAYS FOR THE PERIOD AUGUST 26 TO 27, 1941, AND THE OTHER IN FAVOR OF CAPTAIN JOSEPH M. BOSWORTH, JR., MEDICAL CORPS, HEADQUARTERS 2ND AIR TASK FORCE SERVICE COMMAND (NATIONAL GUARD), COVERING MILEAGE FOR 517 MILES AT FIVE CENTS PER MILE FOR THE DISTANCE BETWEEN NATCHITOCHES, LOUISIANA, AND SHREVEPORT, LOUSIANA, AND RETURN, AND INTERMEDIATE POINTS.

BY LETTER DATED AUGUST 2, 1941, HEADQUARTERS 3RD AIR FORCE, OFFICE OF THE COMMANDING GENERAL, TAMPA, FLORIDA, LIEUTENANT COLONEL KOONTZ, WHO AT THAT TIME IS SHOWN TO HAVE BEEN COMMANDING OFFICER, BATON ROUGE AIR BASE, WAS DESIGNATED COMMANDING OFFICER OF A TEMPORARY ORGANIZATION KNOWN AS THE 2ND AIR TASK FORCE SERVICE COMMAND. IT IS STATED THAT THE PURPOSE OF THIS ORGANIZATION WAS TO PROVIDE "FOR THE RECEPTION, SUPPLY AND SERVICE OF ALL UNITS ASSIGNED TO THE 2ND AIR TASK SERVICE", THE LATTER ORGANIZATION TO ARRIVE IN LOUISIANA FOR MANEUVERS ON APPROXIMATELY SEPTEMBER 1, 1941. PARAGRAPH 7, SPECIAL ORDERS NO. 11, HEADQUARTERS 2ND AIR TASK FORCE SERVICE COMMAND, NATCHITOCHES, LOUISIANA, IS AS FOLLOWS:

"7. PURSUANT TO AUTHORITY CONTAINED IN LETTER, FILE 354.2, HEADQUARTERS 3RD AIR FORCE, SUBJECT: ORGANIZATION - SECOND AIR TASK FORCE SERVICE COMMAND, ARMY MANEUVERS, 1941, DATED 2 AUGUST, 1941, THE FOLLOWING-NAMED MEN WILL PROCEED ON OR ABOUT 26 AUGUST, 1941, VIA AIR VIA THE BEST AVAILABLE ROUTE FROM NATCHITOCHES, LOUISIANA, TO BARKSDALE FIELD, LOUISIANA, FOR THE PURPOSE OF INSPECTING THE SERVICE FACILITIES FOR MANEUVER UNITS AT THAT PLACE:

"LT. COL. LEONIDAS L. KOONTZ, (0-10530), AC

"UPON THE COMPLETION OF THE DUTY AT BARKSDALE FIELD, LOUISIANA, THE ABOVE -NAMED PERSONNEL WILL RETURN VIA AIR OVER THE BEST AVAILABLE AIR ROUTE TO NATCHITOCHES, LOUISIANA, THEIR PROPER STATION.

"IN LIEU OF SUBSISTENCE A FLAT PER DIEM OF SIX ($6.00) IS AUTHORIZED FOR TRAVEL BY AIR. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITY FD 1588 P 2- 06 A 0310-2.

"THE FINANCE OFFICER TO WHOM THE EXPENSE ACCOUNTS IN CONNECTION HEREWITH ARE SUBMITTED WILL FURNISH THE COMMANDING GENERAL, AIR FORCE COMBAT COMMAND, BOLLING FIELD, D.C., WITH A COPY OF EACH VOUCHER, INDICATING THE AMOUNT OF FUNDS OBLIGATED AGAINST THE ABOVE PROCUREMENT AUTHORITY AS PRESCRIBED BY PARAGRAPH 13, AR 36-1040, DATED 1 AUGUST, 1938."

THE VOUCHER IN FAVOR OF THIS OFFICER DISCLOSES THAT HE DEPARTED FROM NATCHITOCHES, LOUISIANA, BY GOVERNMENT-OWNED AIRCRAFT AT 2:25 P.M. ON AUGUST 26, 1941, AND ARRIVED AT BARKSDALE FIELD, LOUISIANA, AT 2:55 P.M. THE SAME DAY. HE DEPARTED FROM BARKSDALE FIELD AT 2:04 P.M. THE FOLLOWING DAY AND ARRIVED AT HIS STATION AT 2:35 P.M. THE OFFICER CLAIMS PER DIEM FOR 1 1/4 DAYS AT THE RATE FIXED IN HIS ORDERS.

SECTION 1 OF THE ACT OF MARCH 2, 1931, 46 STAT. 1461, WHICH WAS AN ADDITION TO SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDES:

"*** PROVIDED, 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 ALLOWANCES, BE ALLOWED AND PAID THEIR ACTUAL AND NECESSARY TRAVELING EXPENSES NOT TO EXCEED $8 PER DAY, OR, IN LIEU THEREOF, PER DIEM ALLOWANCES AT RATES NOT TO EXCEED $6 PER DAY."

IN CONNECTION WITH THE VOUCHER IN FAVOR OF CAPTAIN BOSWORTH, PARAGRAPH 9 OF SPECIAL ORDERS NO. 14, DATED AUGUST 26, 1941, HEADQUARTERS AS INDICATED ABOVE, PROVIDES:

"9. PURSUANT TO AUTHORITY CONTAINED IN LETTER, FILE 354.2, HEADQUARTERS 3RD AIR FORCE, SUBJECT: ORGANIZATION - SECOND AIR TASK FORCE SERVICE COMMAND, ARMY MANEUVERS, 1941, DATED 2 AUGUST, 1941, THE FOLLOWING-NAMED PERSONNEL:

"CAPTAIN JOSEPH M. BOSWORTH, JR., (0-330885) MC

WILL PROCEED ON OR ABOUT 27 AUGUST, 1941, ON A CONTINUOUS JOURNEY VIA GOVERNMENT MOTOR TRANSPORTATION VIA BEST AVAILABLE ROUTE FROM NATCHITOCHES, LOUISIANA, TO THE FOLLOWING PLACES:

JACKSON, MISSISSIPPI

TULLULAH, LOUISIANA

MONROE, LOUISIANA

ARCADIA, LOUISIANA

SHREVEPORT, LOUISIANA FOR THE PURPOSE OF INSPECTING MEDICAL AND SANITARY FACILITIES AT THOSE PLACES.

"UPON THE COMPLETION OF THE DUTY AT SHREVEPORT, LOUISIANA, THE ABOVE NAMED PERSONNEL WILL RETURN VIA GOVERNMENT MOTOR TRANSPORTATION VIA BEST AVAILABLE ROUTE TO NATCHITOCHES, LOUISIANA, THEIR PROPER STATION.

"THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITY FD 1588 P 2-06 A 0310-2.

"THE FINANCE OFFICER TO WHOM THE EXPENSE ACCOUNTS IN CONNECTION HEREWITH ARE SUBMITTED WILL FURNISH THE COMMANDING GENERAL, AIR FORCE COMBAT COMMAND, BOLLING FIELD, D.C., WITH A COPY OF EACH VOUCHER, INDICATING THE AMOUNT OF FUNDS OBLIGATED AGAINST THE ABOVE PROCUREMENT AUTHORITY AS PRESCRIBED BY PARAGRAPH 13 AR 36-1040, DATED 1 AUGUST, 1938."

THE VOUCHER INDICATES THAT THE OFFICER LEFT NATCHITOCHES BY GOVERNMENT- OWNED AUTOMOBILE ON AUGUST 27, 1941, AND ARRIVED AT TALLULAH, LOUISIANA, THE SAME DAY. THE FOLLOWING DAY HE PROCEEDED TO JACKSON, MISSISSIPPI, TO MONROE, LOUISIANA, TO ARCADIA, LOUISIANA, TO SHREVEPORT, LOUISIANA, AND THENCE TO HIS STATION. HIS CLAIM IS FOR MILEAGE AT FIVE CENTS PER MILE FOR THE DISTANCE BETWEEN THESE POINTS.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDES:

"THAT OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE, DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE AND EXISTING LAWS PROVIDING FOR THE ISSUE OF TRANSPORTATION REQUESTS TO OFFICERS OF THE ARMY TRAVELING UNDER COMPETENT ORDERS, AND FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES, ARE HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. ***"

TO BE ENTITLED TO EITHER PER DIEM OR MILEAGE AS AUTHORIZED BY THE ABOVE- QUOTED ACTS, IT MUST APPEAR THAT THE OFFICER PERFORMED "TRAVEL" UNDER COMPETENT ORDERS. IT IS NOT ENOUGH TO SHOW THAT IN THE PERFORMANCE OF THEIR DUTY THEY WERE REQUIRED TO MOVE FROM PLACE TO PLACE. SEE 20 COMP.GEN. 856. IN BOTH OF THE CASES HERE INVOLVED THE THE OFFICERS WERE WITHIN THE AREA WHICH APPARENTLY HAD BEEN DESIGNATED AS THE AREA WHERE MANEUVERS WERE ABOUT TO BE HELD AND THEY PROCEEDED BY GOVERNMENT-OWNED CONVEYANCE TO OTHER POINTS WITHIN THE AREA, IN THE CASE OF LIEUTENANT COLONEL KOONTZ FOR THE PURPOSE OF INSPECTING SERVICE FACILITIES FOR THE MANEUVERS, AND IN THE CASE OF CAPTAIN BOSWORTH TO INSPECT MEDICAL AND SANITARY FACILITIES.

THERE IS WITH THE FILE A COPY OF LETTER OF AUGUST 2, 1941, FROM HEADQUARTERS, 3RD AIR FORCE, OFFICE OF THE COMMANDING GENERAL, TAMPA, FLORIDA, AS FOLLOWS:

"SUBJECT: ORGANIZATION - 2ND AIR TASK FORCE SERVICE COMMAND - ARMY MANEUVERS, 1941.

TO: LIEUTENANT COLONEL LEONIDAS L. KOONTZ, COMMANDING OFFICER, BATON ROUGE ARMY AIR BASE, BATON ROUGE, LOUISIANA.

"1. UNDER AUTHORITY CONTAINED IN PARAGRAPH 2 AND 12 A, LETTER OF INSTRUCTIONS #1, AIR FORCE COMBAT COMMAND, BOLLING FIELD, D.C., AUGUST 1, 1941, YOU ARE HEREBY DESIGNATED AS THE COMMANDING OFFICERS OF A TEMPORARY ORGANIZATION WHICH WILL BE KNOWN AS THE 2ND AIR TASK FORCE SERVICE COMMAND. YOU WILL ORGANIZE THIS SERVICE UNIT, WITH THE PERSONNEL MADE AVAILABLE BY THIS HEADQUARTERS, FOR THE PURPOSE OF PROVIDING FOR THE RECEPTION, SUPPLY AND SERVICE OF ALL UNITS ASSIGNED TO THE 2ND AIR TASK FORCE.

"2. YOU WILL ORGANIZE YOUR STAFF AT BATON ROUGE, LOUISIANA, AND MOVE IT TO NATCHITOCHES, LOUISIANA, IN ACCORDANCE WITH LETTER OF INSTRUCTIONS #1, AIR FORCE COMBAT COMMAND, DATED AUGUST 1, 1941.

"3. YOU ARE HEREBY AUTHORIZED TO ISSUE SUCH TRAVEL ORDERS TO PERSONNEL ATTACHED TO YOUR COMMAND, AS REQUIRED FOR THE PROPER ORGANIZATION AND OPERATION OF THE 2ND AIR TASK FORCE SERVICE COMMAND.

"4. YOU ARE ALSO AUTHORIZED TO OBLIGATE SUCH FUNDS, WITHIN LIMITS TO BE PRESCRIBED BY THIS HEADQUARTERS, FOR THE PREPARATION AND OPERATION OF FACILITIES WITHIN THE 2ND AIR TASK FORCE AREA. THE PROVISIONS OF PARAGRAPH 28, ADMINISTRATIVE INSTRUCTIONS #1, DATED JULY 30, 1941, WILL BE FOLLOWED."

GENERAL ORDERS NO. 1 OF HEADQUARTERS, 2ND AIR TASK FORCE, NATCHITOCHES, LOUISIANA, SEPTEMBER 2, 1941, ANNOUNCES THAT MAJOR GENERAL MILLARD F. HARMON ASSUMED COMMAND OF THE 2ND AIR TASK FORCE, EFFECTIVE AUGUST 31, 1941, AND THERE IS ALSO IN THE FILE A COPY OF A REPORT OF LIEUTENANT COLONEL KOONTZ, DATED HEADQUARTERS, 2ND AIR TASK FORCE SERVICE COMMAND, NATCHITOCHES, LOUISIANA, AUGUST 31, 1941, TO THE COMMANDING GENERAL, 2ND AIR TASK FORCE, WHICH CONCLUDES-- "THE UNDERSIGNED IN COMMAND OF THE 2ND AIR TASK FORCE SERVICE COMMAND, REPORTS TO THE COMMANDING GENERAL, 2ND AIR TASK FORCE, FOR DUTY."

IT IS REPRESENTED THAT THE ACTUAL MANEUVERS COMMENCED SEPTEMBER 15, 1941, AND THAT ALL THAT WAS DONE WITH A VIEW TO THE MANEUVERS PRIOR THERETO WAS PRELIMINARY TO THE ACTUAL MANEUVERS AND THEREFORE SUCH DUTY WAS NOT IN CONNECTION WITH OR DURING MANEUVERS. MANEUVERS SIMULATE WARFARE AND UNDER THE DECISIONS THE MOVEMENTS NECESSARY IN SIMULATED WARFARE DO NOT CONSTITUTE TRAVEL FOR THE PURPOSE OF THE STATUTE QUOTED ANY MORE THAN DO MOVEMENTS IN THE FIELD IN ACTUAL WARFARE. THE THEORY OF THE DECISIONS IS THAT WHEN THE OFFICER IS PERFORMING HIS NORMAL DUTY AS AN OFFICER OF THE ARMY, WHILE ENGAGED EITHER IS SIMULATED OR ACTUAL WARFARE THE PERFORMANCE OF THOSE DUTIES DOES NOT CONSTITUTE TRAVEL FOR THE PURPOSE OF PAYMENT OF MILEAGE OR TRAVEL EXPENSES. BUT WHEN A MANEUVER AREA HAS BEEN SELECTED, WHEN TROOPS ARE BEING ASSEMBLED THERE ARE ALL PREPARATIONS ARE BEING MADE FOR A SIMULATED BATTLE (INCIDENTALLY UNDER THE APPROPRIATION FOR "FIELD TRAINING") IT IS DIFFICULT TO DISTINGUISH THE FORCE SO BEING ASSEMBLED PRIOR TO THE COMMENCEMENT OF THE MANEUVERS-- THE SIMULATED BATTLE-- FROM THE MOVEMENT OF TROOPS INTO AN AREA OF PROBABLE COMBAT. THE TROOPS BEING ASSEMBLED WERE FOR THE PURPOSE OF THE MANEUVERS, WERE BEING ASSIGNED LOCATIONS FOR THAT PURPOSE, AND INSTALLATIONS WERE BEING EXAMINED WITH A VIEW TO COMPLETENESS BEFORE ALL THE TROOPS ARRIVED AND THE ACTUAL MANEUVERS COMMENCED. THIS WAS DUTY IN CONNECTION WITH MANEUVERS, AND THE FACT THAT THE PRINCIPAL ACTIVITY COMMENCED AT A LATER DATE DOES NOT CHANGE THE CHARACTER OF THE DUTY FROM BEING IN CONNECTION WITH, AND A PART OF, THE MANEUVERS.

ACCORDINGLY, PAYMENT ON THE VOUCHERS, WHICH WILL BE RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.