B-24626, APRIL 7, 1942, 21 COMP. GEN. 914

B-24626: Apr 7, 1942

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WHO TRAVELED BY PRIVATELY OWNED AUTOMOBILE IN THE COMPANY OF ANOTHER NAVY OFFICER IS ENTITLED TO SUCH MONEY ALLOWANCE. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF LT. YOU STATE YOU ARE IN DOUBT WHETHER THIS OFFICER IS ENTITLED TO THE 3 CENTS PER MILE ALLOWANCE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE AT NO EXPENSE TO HIMSELF. IT WILL BE ASSUMED FOR THE PURPOSE OF THIS DECISION THAT ALL CONDITIONS NECESSARY TO ENTITLE TO PAYMENT OF EXPENSES AS FOR REPEATED TRAVEL EXIST. PROVIDES: THAT * * * IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY. DIRECT THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED. * * THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE.

B-24626, APRIL 7, 1942, 21 COMP. GEN. 914

MONEY ALLOWANCE FOR JOINT TRAVEL BY PRIVATELY OWNED CONVEYANCE - NAVY OFFICERS UNDER THE ACT OF MAY 29, 1928, AUTHORIZING A MONEY ALLOWANCE OF 3 CENTS PER MILE TO NAVAL, ETC., PERSONNEL WHEN TRAVELING BY PRIVATELY OWNED CONVEYANCE UNDER COMPETENT ORDERS WHICH ENTITLE THEM TO TRANSPORTATION, A NAVY OFFICER, OTHERWISE ENTITLED TO TRANSPORTATION, WHO TRAVELED BY PRIVATELY OWNED AUTOMOBILE IN THE COMPANY OF ANOTHER NAVY OFFICER IS ENTITLED TO SUCH MONEY ALLOWANCE, NOTWITHSTANDING THE FACT THAT THE OTHER OFFICER PAID THE OPERATING EXPENSES OF THE AUTOMOBILE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO CAPT. D. G. MCRITCHIE, U.S. NAVY, RETIRED, APRIL 7, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 12, 1942, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF LT. (JG.) RICHARD H. COLCOCK, III, U.S.N.R., IN THE AMOUNT OF $23.70, COVERING HIS CLAIM FOR TRAVELING EXPENSES UNDER REPEATED TRAVEL ORDERS ISSUED BY THE BUREAU OF NAVIGATION DATED SEPTEMBER 24, 1941, FOR TRAVEL PERFORMED FEBRUARY 13, 1942, FROM ATLANTA, GA., TO KNOXVILLE, TENN., AND RETURN FEBRUARY 14, 1942, BY PRIVATELY OWNED CONVEYANCE. YOU STATE YOU ARE IN DOUBT WHETHER THIS OFFICER IS ENTITLED TO THE 3 CENTS PER MILE ALLOWANCE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE AT NO EXPENSE TO HIMSELF, IN THE COMPANY OF ANOTHER OFFICER OF THE NAVY WHO PAID THE OPERATING EXPENSES OF THE AUTOMOBILE. IT WILL BE ASSUMED FOR THE PURPOSE OF THIS DECISION THAT ALL CONDITIONS NECESSARY TO ENTITLE TO PAYMENT OF EXPENSES AS FOR REPEATED TRAVEL EXIST.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED BY THE ACT OF JUNE 1, 1926, 44 STAT. 680, AND THE ACT OF MAY 29, 1928, 45 STAT. 975, PROVIDES:

THAT * * * IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AS DETERMINED BY THE HEAD OF THE EXECUTIVE DEPARTMENT CONCERNED, HE MAY, IN HIS DISCRETION, DIRECT THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED. * * THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $6, IN LIEU OF SUBSISTENCE TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY. * * *

INDIVIDUALS BELONGING TO ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, * * * TRAVELING UNDER COMPETENT ORDERS WHICH ENTITLED THEM TO TRANSPORTATION OR TRANSPORTATION AND SUBSISTENCE AS DISTINGUISHED FROM MILEAGE, WHO, UNDER REGULATIONS PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED, TRAVEL BY PRIVATELY OWNED CONVEYANCE SHALL BE ENTITLED, IN LIEU OF TRANSPORTATION BY THE SHORTEST USUALLY TRAVELED ROUTE NOW AUTHORIZED BY LAW TO BE FURNISHED IN KIND, TO A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE FOR THE SAME DISTANCE: * * *

YOU REFER TO THE DECISION OF SEPTEMBER 18, 1928, A-24336, 8 COMP. GEN. 134, WHICH HELD, QUOTING FROM THE SYLLABUS, AS FOLLOWS:

UNDER THE ACT OF MAY 29, 1928, 45 STAT. 975, AN ENLISTED MAN IN THE NAVY IS ENTITLED, FOR PROPERLY AUTHORIZED TRAVEL BY PRIVATELY OWNED CONVEYANCE, TO A MONEY ALLOWANCE OF 3 CENTS PER MILE BY THE SHORTEST USUALLY TRAVELED ROUTE, AND IT IS NOT MATERIAL TO THE MAN'S RIGHT TO SUCH MONEY ALLOWANCE WHETHER HE TRAVELS IN THE SAME CONVEYANCE WITH OTHER ENLISTED MEN ENTITLED TO THE SAME ALLOWANCE; NOR IS IT MATERIAL WHETHER HE OWNS THE CONVEYANCE IN WHICH THE TRAVEL IS PERFORMED.

THE MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE IS AUTHORIZED BY THE ACT OF MAY 29, 1928, TO BE PAID TO INDIVIDUALS OF THE SERVICES MENTIONED IN THE PAY READJUSTMENT ACT, WHEN TRAVELING UNDER COMPETENT ORDERS WHICH ENTITLE THEM TO TRANSPORTATION, AND INCLUDES OFFICERS WHEN TRAVELING UNDER SUCH STATUS, AS WELL AS ENLISTED MEN. ACCORDINGLY, THE RULE STATED IN THE ABOVE-CITED DECISION AS APPLYING TO ENLISTED MEN, IS ALSO FOR APPLICATION TO OFFICERS TRAVELING UNDER COMPETENT ORDERS WHICH ENTITLE THEM TO TRANSPORTATION. IF OTHERWISE ENTITLED TO TRANSPORTATION THIS OFFICER MAY BE PAID ON THE VOUCHER RETURNED HEREWITH THE MONEY ALLOWANCE OF 3 CENTS PER MILE FOR THE OFFICIAL DISTANCE BETWEEN ATLANTA AND KNOXVILLE, NOTWITHSTANDING THE FACT HE ACCOMPANIED ANOTHER OFFICER WHO PAID THE OPERATING EXPENSES OF THE AUTOMOBILE.