B-28349, SEPTEMBER 7, 1942, 22 COMP. GEN. 189

B-28349: Sep 7, 1942

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SUBSISTENCE - PER DIEMS - AIR TRAVEL - NAVAL RESERVE OFFICER PERFORMING REGULARLY SCHEDULED FLIGHTS WHERE A NAVAL RESERVE OFFICER WAS ORDERED TO ACTIVE DUTY INVOLVING FLYING IN CONNECTION WITH THE FITTING OUT OF A TRANSPORT SQUADRON AND TO ACTIVE DUTY INVOLVING FLYING IN THAT SQUADRON WHEN PLACED IN COMMISSION. SUBSEQUENT ORDERS PURPORTING TO ASSIGN HIM TO TEMPORARY ADDITIONAL DUTY WITH THE SQUADRON FOR THE PURPOSE OF FLYING NAVAL AIRCRAFT ON REGULARLY SCHEDULED FLIGHTS BETWEEN CERTAIN POINTS WERE WITHOUT EFFECT TO PLACE THE OFFICER IN AN AIR TRAVEL STATUS ENTITLING HIM TO PER DIEM IN LIEU OF SUBSISTENCE. TRANSPORT SQUADRON ONE WAS COMMISSIONED ON MARCH 9. HAS AUTHORITY TO ISSUE ORDERS INVOLVING SINGLE JOURNEYS ON TEMPORARY ADDITIONAL DUTY AND DISBURSING OFFICERS ARE AUTHORIZED TO REIMBURSE OFFICERS FOR MILEAGE.

B-28349, SEPTEMBER 7, 1942, 22 COMP. GEN. 189

SUBSISTENCE - PER DIEMS - AIR TRAVEL - NAVAL RESERVE OFFICER PERFORMING REGULARLY SCHEDULED FLIGHTS WHERE A NAVAL RESERVE OFFICER WAS ORDERED TO ACTIVE DUTY INVOLVING FLYING IN CONNECTION WITH THE FITTING OUT OF A TRANSPORT SQUADRON AND TO ACTIVE DUTY INVOLVING FLYING IN THAT SQUADRON WHEN PLACED IN COMMISSION, SUBSEQUENT ORDERS PURPORTING TO ASSIGN HIM TO TEMPORARY ADDITIONAL DUTY WITH THE SQUADRON FOR THE PURPOSE OF FLYING NAVAL AIRCRAFT ON REGULARLY SCHEDULED FLIGHTS BETWEEN CERTAIN POINTS WERE WITHOUT EFFECT TO PLACE THE OFFICER IN AN AIR TRAVEL STATUS ENTITLING HIM TO PER DIEM IN LIEU OF SUBSISTENCE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, SEPTEMBER 7, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 20, 1942, REFERENCE JAG:WJG:GB, SO8 6 95, REQUESTING DECISION OF THE MATTER COVERED BY A LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, DATED AUGUST 1, 1942, FORWARDED THEREWITH, AS FOLLOWS: FROM: THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS. TO: THE SECRETARY OF THE NAVY. VIA: THE CHIEF OF NAVAL OPERATIONS.

THE CHIEF OF THE BUREAU OF NAVAL PERSONNEL. SUBJECT: REQUEST FOR DECISION OF THE COMPTROLLER GENERAL AS TO RIGHT OF OFFICERS ASSIGNED TO DUTY WITH TRANSPORT SQUADRONS TO PER DIEM ALLOWANCE WHILE TRAVELING BY AIR IN GOVERNMENT OWNED PLANES.

REFERENCES:

(A) SECTION 12 OF THE ACT OF JUNE 10, 1922, (42 STAT. 631) AS

AMENDED BY ACT OF JUNE 1, 1926 (44 STAT. 680) ACT OF MARCH 2,

1931 (46 STAT. 1481) (37 U.S.C. 20), AND THE NAVAL

APPROPRIATION ACT FOR THE FISCAL YEAR 1943 ( PUBLIC 441 -

77TH CONGRESS) APPROVED FEBRUARY 7, 1942.

(B) DECISION OF THE COMPTROLLER GENERAL A-17973 DATED APRIL 9,

1927.

(C) BUREAU OF NAVAL PERSONNEL CIRCULAR LETTER 23-42 DATED

FEBRUARY 10, 1942.

(D) ARTICLE 2501-5 (A) U.S. NAVY TRAVEL INSTRUCTIONS.

(E) SECTION 12 PUBLIC 607 - 77TH CONGRESS APPROVED JUNE 16, 1942.

(F) ADVANCE CHANGE IN ARTICLE 2501-5 (A) U.S. NAVY TRAVEL

INSTRUCTIONS EFFECTIVE JUNE 22, 1942.

ENCLOSURES:

(A) COPY OF BUREAU OF NAVAL PERSONNEL ORDERS NAV-1641-EH, 77611

DATED JANUARY 17, 1942.

(B) COPY OF ORDERS OF COMMANDING OFFICER TRANSPORT SQUADRON ONE

VR1/P16-4 (2) DATED JUNE 24, 1942.

(C) COPY OF ORDERS OF COMMANDING OFFICER NORFOLK NAVAL AIR

STATION NA8/P16-4/00, (95/SRH) DATED JUNE 24, 1942.

1. PURSUANT TO ORDERS OF THE BUREAU OF NAVAL PERSONNEL, LIEUTENANT (JG.) LAWRENCE A. POOLE A-V (G) USNR ON JANUARY 26, 1942, REPORTED TO THE NAVAL AIR STATION, NORFOLK, VIRGINIA, FOR ACTIVE DUTY INVOLVING FLYING IN CONNECTION WITH THE FITTING OUT OF TRANSPORT SQUADRON ONE AND FOR ACTIVE DUTY INVOLVING FLYING IN THAT SQUADRON WHEN PLACED IN COMMISSION. TRANSPORT SQUADRON ONE WAS COMMISSIONED ON MARCH 9, 1942 AND LIEUTENANT (JG.) POOLE REPORTED TO THE COMMANDING OFFICER ON THE SAME DATE.

3. THE COMMANDING OFFICER, TRANSPORT SQUADRON ONE, BY ORDERS OF JUNE 24, 1942, DIRECTED LIEUTENANT (JG.) POOLE TO PROCEED AND REPORT TO THE COMMANDING OFFICER, NAVAL AIR STATION, NORFOLK, VA., FOR TEMPORARY ADDITIONAL DUTY ON REGULARLY SCHEDULED FLIGHT OPERATING BETWEEN NORFOLK, VIRGINIA; CHARLESTON, SOUTH CAROLINA; JACKSONVILLE, FLORIDA, PENSACOLA, FLORIDA; NEW ORLEANS, LOUISIANA; CORPUS CHRISTI, TEXAS; AND RETURN TO NORFOLK, VIRGINIA. PURSUANT TO DESIGNATION IN REFERENCE (C) THE COMMANDING OFFICER, NAVAL AIR STATION, NORFOLK, VA., HAS AUTHORITY TO ISSUE ORDERS INVOLVING SINGLE JOURNEYS ON TEMPORARY ADDITIONAL DUTY AND DISBURSING OFFICERS ARE AUTHORIZED TO REIMBURSE OFFICERS FOR MILEAGE, AND PER DIEM OR ACTUAL EXPENSES FOR TRAVEL BY AIR PERFORMED PURSUANT THERETO. THE COMMANDING OFFICER, NAVAL AIR STATION, NORFOLK, VIRGINIA, DIRECTED LIEUTENANT (JG.) POOLE TO PROCEED VIA NAVAL AIRCRAFT TO CERTAIN DESIGNATED POINTS FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH TRANSPORT SQUADRON ONE, NAVAL TRANSPORTATION SERVICE, REGULARLY SCHEDULED FLIGHT TO SUCH PLACES. THESE ORDERS SPECIFIED THAT WHILE ABSENT FROM THE NAVAL AIR STATION, NORFOLK, VIRGINIA, IN THE PERFORMANCE OF THE DUTY DIRECTED, LIEUTENANT (JG.) POOLE WOULD BE ALLOWED A PER DIEM OF $6.00 IN LIEU OF ACTUAL AND NECESSARY EXPENSES FOR SUBSISTENCE AND LODGING WHILE IN A NAVAL AIR TRAVEL STATUS AND THAT A DELAY IN EXCESS OF 72 HOURS WAS ANTICIPATED AT EACH OF THE PLACES MENTIONED.

3. IN ACCORDANCE WITH REFERENCE (A) OFFICERS WHO PERFORM TRAVEL BY AIR UNDER COMPETENT ORDERS ON DUTY WITHOUT TROOPS ARE ENTITLED TO BE PAID 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 IF SPECIFIED IN THE ORDERS. THE PAYMENT OF PER DIEM UNDER SUCH CIRCUMSTANCES HAS BEEN ALLOWED FOR SOME TIME IN THE CASE OF OFFICERS ENGAGED IN FERRYING PLANES FROM ONE POINT TO ANOTHER UNDER TEMPORARY DUTY ORDERS ISSUED BY COMPETENT AUTHORITY. IT IS CONSIDERED THAT AN OFFICER ASSIGNED TO DUTY INVOLVING FLYING WITH A TRANSPORT SQUADRON WHO IS DETAILED TO TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH A SCHEDULED FLIGHT TO DESIGNATED POINTS IS IN THE SAME STATUS AS AN OFFICER ASSIGNED TO DUTY INVOLVING FLYING WITH THE AERONAUTICAL ORGANIZATION OF THE NAVY WHO IS DETAILED TO TEMPORARY ADDITIONAL DUTY FERRYING PLANES WHICH FREQUENTLY CARRY PASSENGERS OR CARGO.

4. IT IS POSSIBLE THAT OFFICERS DETAILED TO DUTY INVOLVING FLYING WITH A TRANSPORT SQUADRON MAY BE ORDERED TO TEMPORARY ADDITIONAL DUTY TWO OR MORE TIMES DURING A GIVEN MONTH IN CONNECTION WITH SCHEDULED FLIGHTS BETWEEN THEIR PERMANENT DUTY STATIONS AND CERTAIN DESIGNATED POINTS AS DIRECTED BY ORDERS OF COMPETENT AUTHORITY. IT IS RECOMMENDED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER SUCH OFFICERS WHEN ORDERED TO PERFORM TRAVEL BY NAVAL AIRCRAFT UNDER ORDERS SIMILAR TO THOSE ISSUED TO LIEUTENANT (JG) POOLE ARE ENTITLED TO PER DIEM ALLOWANCE OF $6.00 FROM DATE OF DEPARTURE FROM PERMANENT STATION TO DATE OF RETURN THERETO.

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 MARCH 2, 1931, 46 STAT. 1461, 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, BUT 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. ACTUAL EXPENSES ONLY SHALL BE PAID FOR TRAVEL UNDER ORDERS IN ALASKA AND OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA. UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, NO OFFICER OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY AWAY FROM HIS DESIGNATED POST OF DUTY, NOR ANY SUM FOR SUCH EXPENSES ACTUALLY INCURRED IN EXCESS OF $7 PER DAY. 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. 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, AND OF THE LEGALLY CONSTITUTED RESERVES OF SAID SERVICES MENTIONED IN THE TITLE OF THIS ACT, AND OF THE LEGALLY CONSTITUTED RESERVES OF SAID SERVICES WHILE ON ACTIVE DUTY, AND OF THE NATIONAL GUARD WHILE IN FEDERAL SERVICE, OR WHILE PARTICIPATING IN EXERCISES, OR PERFORMING DUTIES UNDER SECTION 92, 94, 97, OR 99 OF THE NATIONAL DEFENSE 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.

THE COMMANDING OFFICER, U.S. NAVAL AIR STATION, BY ORDER OF MARCH 9, 1942, ASSIGNED LIEUTENANT (JG) POOLE TO DUTY, AS FOLLOWS:

1. TRANSPORT SQUADRON ONE HAVING BEEN COMMISSIONED THIS DATE, YOU ARE HEREBY DETACHED FROM DUTY AT THIS STATION AND WILL REPORT TO THE COMMANDING OFFICER, TRANSPORT SQUADRON ONE.

THE THIRD ENDORSEMENT SHOWS THIS OFFICER REPORTED FOR DUTY WITH TRANSPORT SQUADRON ONE ON MARCH 9, 1942, AND ON JUNE 24, 1942, THE COMMANDING OFFICER OF SUCH ORGANIZATION ISSUED THE FOLLOWING ORDER TO LIEUTENANT (JG) POOLE:

SUBJECT: TEMPORARY ADDITIONAL DUTY.

1. ON OR ABOUT JUNE 24, 1942, YOU WILL PROCEED AND REPORT TO THE COMMANDING OFFICER, U.S. NAVAL AIR STATION, NORFOLK, VA., FOR TEMPORARY DUTY IN CONNECTION WITH TRANSPORT SQUADRON ONE, NAVAL AIR TRANSPORT SERVICE, AS INDICATED BELOW:

TEMPORARY ADDITIONAL DUTY ON REGULARLY SCHEDULED FLIGHT OPERATING BETWEEN THE FOLLOWING POINTS:

NORFOLK, VA., CHARLESTON, S.C., JACKSONVILLE, FLA., PENSACOLA, FLA., NEW ORLEANS, LA., CORPUS CHRISTI, TEXAS, AND RETURN TO NORFOLK, VA.

2. YOU ARE QUALIFIED TO PROCEED SINGLY.

3. UPON THE COMPLETION OF THIS DUTY AND WHEN DIRECTED BY PROPER AUTHORITY YOU WILL REPORT TO THE COMMANDING OFFICER, TRANSPORT SQUADRON ONE, AND RESUME YOUR REGULAR DUTIES.

THE FIRST ENDORSEMENT BY THE COMMANDING OFFICER, U.S. NAVAL AIR STATION, ON SUCH ORDERS DATED JUNE 24, 1942, IS AS FOLLOWS:

SUBJECT: TEMPORARY ADDITIONAL DUTY.

1. ON OR ABOUT JUNE 24, 1942, YOU WILL PROCEED VIA NAVAL AIRCRAFT TO CHARLESTON, S.C., JACKSONVILLE, FLA., PENSACOLA, FLA., NEW ORLEANS, LA., CORPUS CHRISTI, TEX., NEW ORLEANS, LA.,PENSACOLA, FLA., JACKSONVILLE, FLA., CHARLESTON, S.C., AND NORFOLK, VA.

2. THIS TEMPORARY ADDITIONAL DUTY IS IN CONNECTION WITH TRANSPORT SQUADRON ONE, NAVAL TRANSPORTATION SERVICE, REGULARLY SCHEDULED FLIGHT TO THE ABOVE PLACES.

3. WHILE ABSENT FROM THIS STATION IN THE PERFORMANCE OF THE DUTY DIRECTED HEREIN, YOU WILL BE ENTITLED TO A PER DIEM OF $6.00 IN LIEU OF ACTUAL AND NECESSARY EXPENSES FOR SUBSISTENCE AND LODGING WHILE IN A NAVAL AIR TRAVEL STATUS.

LIEUTENANT (JG) POOLE WAS ORDERED TO ACTIVE DUTY INVOLVING FLYING IN CONNECTION WITH THE FITTING OUT OF TRANSPORT SQUADRON ONE AND FOR ACTIVE DUTY INVOLVING FLYING IN THAT SQUADRON WHEN PLACED IN COMMISSION. THIS SQUADRON WAS PLACED IN COMMISSION MARCH 9, 1942, AND IT WOULD APPEAR THE REGULAR DUTIES ASSIGNED THIS OFFICER WAS PILOTING THE TRANSPORT PLANES UTILIZED IN THAT SERVICE ON REGULARLY SCHEDULED FLIGHTS.

AN OFFICER IS ENTITLED TO PER DIEM AS AUTHORIZED IN HIS ORDERS, UNDER THE CITED LAW "FOR TRAVEL BY AIR UNDER COMPETENT ORDERS" AND SUCH PER DIEM MAY PROPERLY BE PRESCRIBED ONLY "WHILE IN AN AIR TRAVEL STATUS.' ALL MOVEMENT BY AIRCRAFT DOES NOT CONSTITUTE A TRAVEL STATUS. THE RULE HAS BEEN CONSISTENTLY FOLLOWED THAT OFFICERS OF THE ARMY ASSIGNED TO MILITARY DUTY POSSIBLE OF PERFORMANCE ONLY WHILE MOVING, ARE NOT IN A TRAVEL STATUS. SEE 26 COMP. DEC. 81; ID. 226; ID. 776; COMP. GEN. 461, 462; 6 ID. 443. THE STATUS OF THIS OFFICER IS CLEARLY SET FORTH IN HIS ORIGINAL ORDERS ASSIGNING HIM TO ACTUAL DUTY INVOLVING FLYING IN TRANSPORT SQUADRON ONE, AND WHEN IT WAS PLACED IN COMMISSION HE WAS TRANSFERRED TO SUCH ORGANIZATION IN THE CAPACITY INDICATED. THE SO-CALLED ORDERS OF JUNE 24, 1942, PURPORTING TO ASSIGN HIM FOR TEMPORARY DUTY FOR THE PURPOSE OF FLYING NAVAL AIRCRAFT ON REGULARLY SCHEDULED FLIGHTS, WHICH WAS THE DUTY TO WHICH HE WAS ASSIGNED AND FOR WHICH HE WAS ORDERED TO ACTIVE DUTY, WERE WITHOUT EFFECT TO PLACE THIS OFFICER IN A TRAVEL STATUS, AND HE IS NOT ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE WHILE PERFORMING HIS NAVAL DUTIES.