B-31823, FEBRUARY 17, 1943, 22 COMP. GEN. 813

B-31823: Feb 17, 1943

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A NAVY OFFICER PERFORMING TRAVEL BY RAIL AND COMMERCIAL AIRCRAFT UNDER REPEATED TRAVEL ORDERS IS ENTITLED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 TO REIMBURSEMENT OF ITEMS FOR TAXI FARES PROPERLY INCURRED IN CONNECTION WITH TRAVEL BY RAIL. " BUT SUCH ITEMS INCURRED INCIDENT TO TRAVEL BY COMMERCIAL AIRCRAFT ARE INCLUDED IN THE PER DIEM ALLOWANCE AUTHORIZED "IN LIEU OF MILEAGE OR OTHER TRAVEL ALLOWANCE" FOR TRAVEL BY AIR. REIMBURSEMENT THEREFOR IS NOT AUTHORIZED UNDER SAID SECTION 12. AS FOLLOWS: IT IS RESPECTFULLY REQUESTED THAT THIS OFFICE BE GIVEN YOUR ADVANCED DECISION ON TWO PERTINENT POINTS FOR PROPER AUDIT OF THE ENCLOSED TRAVEL CLAIM. THE SPECIFIC INFORMATION REQUESTED IS AS FOLLOWS: (1) WHEN TRAVEL HAS BEEN PERFORMED VIA COMMERCIAL AIR UNDER AUTHORITY OF REPEATED TRAVEL ORDERS WHICH INCORPORATE A CLAUSE AS FOLLOWS: "TRAVEL VIA COMMERCIAL OR GOVERNMENT AIRCRAFT IS HEREBY AUTHORIZED" .

B-31823, FEBRUARY 17, 1943, 22 COMP. GEN. 813

TRAVELING EXPENSES - AIR AND RAIL TRAVEL OF NAVY OFFICERS - RAIL AND AIR COMPARATIVE COSTS; TAXICAB FARES A NAVY OFFICER WHO PERFORMED TRAVEL VIA COMMERCIAL AIRCRAFT UNDER ORDERS AUTHORIZING REPEATED TRAVEL BETWEEN CERTAIN DESIGNATED PLACES AND AUTHORIZING THE USE OF EITHER COMMERCIAL OR GOVERNMENT AIRCRAFT MAY BE REIMBURSED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 FOR AUTHORIZED ITEMS OF TRAVEL WITHOUT REGARD TO COMPARATIVE COST OF RAIL TRAVEL. A NAVY OFFICER PERFORMING TRAVEL BY RAIL AND COMMERCIAL AIRCRAFT UNDER REPEATED TRAVEL ORDERS IS ENTITLED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 TO REIMBURSEMENT OF ITEMS FOR TAXI FARES PROPERLY INCURRED IN CONNECTION WITH TRAVEL BY RAIL, IN ADDITION TO THE PER DIEM ALLOWANCE AUTHORIZED "IN LIEU OF SUBSISTENCE; " BUT SUCH ITEMS INCURRED INCIDENT TO TRAVEL BY COMMERCIAL AIRCRAFT ARE INCLUDED IN THE PER DIEM ALLOWANCE AUTHORIZED "IN LIEU OF MILEAGE OR OTHER TRAVEL ALLOWANCE" FOR TRAVEL BY AIR, AND REIMBURSEMENT THEREFOR IS NOT AUTHORIZED UNDER SAID SECTION 12.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO CAPT. D. G. MCRITCHIE, U.S. NAVY, FEBRUARY 17, 1943:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 15, 1943, AS FOLLOWS:

IT IS RESPECTFULLY REQUESTED THAT THIS OFFICE BE GIVEN YOUR ADVANCED DECISION ON TWO PERTINENT POINTS FOR PROPER AUDIT OF THE ENCLOSED TRAVEL CLAIM.

THE SPECIFIC INFORMATION REQUESTED IS AS FOLLOWS:

(1) WHEN TRAVEL HAS BEEN PERFORMED VIA COMMERCIAL AIR UNDER AUTHORITY OF REPEATED TRAVEL ORDERS WHICH INCORPORATE A CLAUSE AS FOLLOWS: "TRAVEL VIA COMMERCIAL OR GOVERNMENT AIRCRAFT IS HEREBY AUTHORIZED" , AND THERE IS NO EVIDENCE OF ADVANTAGE TO THE GOVERNMENT EITHER IN SAVINGS OF TIME OR ECONOMY IN COST, IS IT NOT REQUIRED OF THE DISBURSING OFFICER TO SUSPEND THE EXCESS COST TO THE GOVERNMENT OVER COST OF COMMERCIAL TRANSPORTATION FOR A SHOWING OF A SATISFACTORY REASON FOR USING THIS MORE EXPENSIVE MODE OF TRAVEL WHEN IT IS NOT IN FACT SHOWN TO BE ADVANTAGEOUS TO THE GOVERNMENT?

(2) WHEN THERE ARE TAXI FARES AT EN-ROUTE STOPS FROM THE STATION, AIRPORT, OR WHARF TO HOTEL AND RETURN FOR THE TRAVELER'S COMFORT AND CONVENIENCE, IS THIS EXPENSE APPROPRIATELY IDENTIFIED AS " TRANSPORTATION EXPENSE--- RELATIVE TO TRAVEL," OR A " SUBSISTENCE EXPENSE? " WOULD IT BE INCLUDED OR EXCLUDED IN THE SUBSISTENCE ALLOWANCE?

THE ORIGINAL ORDERS OF SUBJECT CLAIM ARE BEING RETURNED TO THE OFFICER CONCERNED FOR USE IN PRESENTING SUBSEQUENT CLAIMS.

THE TRAVEL CLAIM SUBMITTED IS COVERED BY REIMBURSEMENT VOUCHER, STANDARD FORM NO. 1012, STATED IN FAVOR OF ENSIGN JAMES J. O-CONNELL, 10-V (S), USNR, IN THE AMOUNT OF $128.70, FOR EXPENSES INCURRED FOR TRAVEL PERFORMED BETWEEN CHARLOTTE, NORTH CAROLINA, AND NASHVILLE, TENNESSEE; MEMPHIS, TENNESSEE, AND ATLANTA, GEORGIA, PURSUANT TO ORDERS DATED SEPTEMBER 29, 1942, AS FOLLOWS:

FROM: THE CHIEF OF NAVAL PERSONNEL.

TO: ENSIGN

JAMES J. O-CONNELL, JR., O-V (S), U.S.N.R.,

OFFICE OF THE RESIDENT INSPECTOR OF NAVAL MATERIAL,

U.S. RUBBER COMPANY,

CHARLOTTE, N.C.

VIA: INSPECTOR OF NAVAL MATERIAL, ATLANTA DISTRICT, ATLANTA,

GA.

SUBJECT: REPEATED TRAVEL.

REFERENCE: SECNAV. LETTER NO. P16-4 (410430) KHA, SEPTEMBER 15,

1941.

ENCLOSURE: NO. 117490.

1. THE SECRETARY OF THE NAVY HAVING DETERMINED THAT THE FOLLOWING PLACES ARE IN THE SAME VICINITY, YOU ARE HEREBY AUTHORIZED TO PERFORM SUCH TRAVEL, FROM TIME TO TIME, AS MAY BE NECESSARY FOR THE PURPOSE INDICATED BELOW, THIS BEING IN ADDITION TO YOUR PRESENT DUTIES: BETWEEN CHARLOTTE, N.C., AND SUCH PLACES WITHIN THE ATLANTA DISTRICT AS MAY BE NECESSARY TO VISIT IN CONNECTION WITH YOUR DUTIES. TRAVEL VIA COMMERCIAL OR GOVERNMENT AIRCRAFT IS HEREBY AUTHORIZED.

THIS AUTHORITY FOR REPEATED TRAVEL WILL TERMINATE FEBRUARY 1, 1945.

2. SHOULD A RENEWAL OF THIS AUTHORITY BE CONSIDERED NECESSARY YOU WILL, AT LEAST 1 MONTH PRIOR TO THE EXPIRATION THEREOF, NOTIFY THE BUREAU OF NAVAL PERSONNEL TO THAT EFFECT, GIVING YOUR REASONS WHY A RENEWAL SHOULD BE GRANTED.

3. (A) WHEN A TRIP NECESSITATES AN ABSENCE OF MORE THAN TWENTY FOUR HOURS, YOU WILL BE ENTITLED TO REIMBURSEMENT AT THE RATE OF $6.00 PER DIEM, IN LIEU OF SUBSISTENCE. SEE U.S. NAVY TRAVEL INSTRUCTIONS, ARTICLE 2511.

(B) WHEN A TRIP NECESSITATES AN ABSENCE FROM YOUR STATION OF LESS THAN TWENTY-FOUR HOURS, IF IN A TRAVEL STATUS AND ENTITLED TO SUBSISTENCE, YOU WILL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES, OTHER THAN THE ACTUAL COST OF TRAVEL INCURRED IN THE EXECUTION OF THESE ORDERS, AT A RATE NOT EXCEEDING $6.00 PER DAY.

4. YOU WILL SUBMIT ON THE LAST DAY OF EACH QUARTER A WRITTEN REPORT GIVING THE INFORMATION CALLED FOR BY FORM N. NAV. 97, ( BNP 330).

THE CHARACTER OF EXPENDITURES ARE ITEMIZED AS FOLLOWS:

(CHART OMITTED)

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, IN PART, IS AS FOLLOWS:

SEC. 12. OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RESERVE COMPONENTS THEREOF AND THE NATIONAL GUARD WHILE ON ACTIVE DUTY IN THE FEDERAL SERVICE, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE * * * 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. * * *

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, AVIATION 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 WHILE ON ACTIVE DUTY * * * 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.

TRAVEL BY PERSONNEL OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING THE RESERVE COMPONENTS THEREOF * * * ON COMMERCIAL AIRCRAFT, DOMESTIC OR FOREIGN, INCLUDING TRAVEL BETWEEN AIRPORTS AND CENTERS OF POPULATION OR POSTS OF DUTY WHEN INCIDENTAL TO TRAVEL ON COMMERCIAL AIRCRAFT, SHALL BE ALLOWED AT PUBLIC EXPENSE WHEN AUTHORIZED OR APPROVED BY COMPETENT AUTHORITY, AND TRANSPORTATION REQUESTS FOR SUCH TRAVEL MAY BE ISSUED UPON SUCH AUTHORIZATIONS. SUCH EXPENSE SHALL BE ALLOWED WITHOUT REGARD TO COMPARATIVE COSTS OF TRANSPORTATION BY AIRCRAFT WITH OTHER MODES OF TRANSPORTATION.

THE PROVISIONS OF SECTION 204 (C) OF THE ACT OF JUNE 23, 1938, 52 STAT. 983, WHICH COVERED TRAVEL BY COMMERCIAL AIRCRAFT OF ALL PERSONNEL OF THE UNITED STATES GOVERNMENT, ARE IN SUBSTANCE INCLUDED IN THE THIRD PARAGRAPH OF SECTION 12, SUPRA, AND BASICALLY THE AUTHORITY CONTAINED IN THE SAID SECTION 12 IS THE SAME AS THAT PROVIDED IN THE FORMER LAW. IT WAS HELD UNDER THE ACT OF JUNE 23, 1938, THAT ANY CLEAR AUTHORIZATION IN COMPETENT ORDERS FOR USE OF COMMERCIAL AIRCRAFT WOULD BE TREATED AS SUFFICIENT TO AUTHORIZE PAYMENT OF THE COST THEREOF, AND MAKE APPLICABLE TO SUCH TRAVEL THE TRAVEL EXPENSES PRESCRIBED EXCLUSIVELY FOR AIR TRAVEL. SEE 18 COMP. GEN. 256 AND 450. THE SAME RULE IS FOR APPLICATION UNDER THE THIRD PARAGRAPH OF SECTION 12 OF THE ACT OF JUNE 16, 1942, SUPRA. THE ORDERS TO ENSIGN O-CONNELL AUTHORIZED THE OPTIONAL UTILIZATION OF COMMERCIAL OR GOVERNMENT AIRCRAFT AS THE MODE OF TRANSPORTATION, AND YOU ARE ADVISED THAT REIMBURSEMENT OF AUTHORIZED ITEMS OF TRAVEL MAY BE MADE TO HIM FOR TRAVEL BY COMMERCIAL AIRCRAFT, WITHOUT REGARD TO COMPARATIVE COST OF RAIL TRAVEL. YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY.

THE TRAVEL PERFORMED BY ENSIGN O-CONNELL INVOLVED TWO MODES OF TRAVEL; NAMELY, BY RAIL AND BY COMMERCIAL AIRCRAFT. THE ORDERS ISSUED TO HIM AUTHORIZED REPEATED TRAVEL BETWEEN CHARLOTTE, NORTH CAROLINA, AND PLACES WITHIN THE ATLANTA DISTRICT, ENTITLING HIM TO REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES, UNDER THE PROVISIONS OF SECTION 12 OF THE ABOVE CITED ACT OF JUNE 16, 1942. REIMBURSEMENT OF EXPENSES ACTUALLY INCURRED NOT EXCEEDING $7 PER DAY, OR A PER DIEM ALLOWANCE, NOT EXCEEDING $6,"IN LIEU OF SUBSISTENCE," IS AUTHORIZED FOR TRAVEL BY RAIL, ACTUAL AND NECESSARY TRAVEL EXPENSES NOT TO EXCEED $8 PER DAY, OR PER DIEM ALLOWANCE AT RATES NOT TO EXCEED $6 PER DAY, ARE AUTHORIZED "IN LIEU OF MILEAGE OR OTHER TRAVEL ALLOWANCES," FOR TRAVEL BY AIR. WHILE THE MAXIMUM RATES OF THE PER DIEM ARE THE SAME FOR BOTH MODES OF TRAVEL, THE LIMITATION FOR REIMBURSEMENT OF ACTUAL EXPENSES IS GREATER FOR AIR TRAVEL. IN THIS CONNECTION IT MAY BE OBSERVED THAT THE PROVISION FOR REIMBURSEMENT FOR TRAVEL BY AIR INCLUDES, IN SUBSTANCE, THE PROVISIONS OF THE ACT OF JULY 11, 1919, 41 STAT. 109, AND THE ACT OF MARCH 2, 1931, 46 STAT. 1461. CONSTRUING THE LATTER ACT WHICH REPEALED THE FORMER ACT, IT HAS BEEN HELD THAT THE PER DIEM "IN LIEU OF MILEAGE OR OTHER TRAVEL ALLOWANCES," INCLUDES, IN ADDITION TO SUBSISTENCE (MEALS AND LODGING), EXPENSES FOR HANDLING BAGGAGE, LAUNDRY, AND TRANSPORTATION TO AND FROM LANDING FIELDS, AND IN FACT ALL TRAVEL EXPENSES EXCEPT THE COST INCIDENT TO THE OPERATION OF THE AIRPLANE. SEE 15 COMP. GEN. 531, 533.

ORDINARILY TAXI FARES AT EN-ROUTE STOPS FROM STATIONS, AIRPORT, OR WHARF TO HOTEL OR PLACE DESIGNATED FOR PERFORMANCE OF TEMPORARY DUTY, WHERE NECESSARILY INCURRED, ARE CLASSED AS " TRANSPORTATION EXPENSE" AND ARE FOR REIMBURSEMENT IN ADDITION TO THE AUTHORIZED ALLOWANCE FOR " SUBSISTENCE EXPENSE.' ACCORDINGLY, YOU ARE ADVISED AS TO YOUR SECOND QUESTION THAT THE ITEMS FOR TAXI FARE, PROPERLY INCURRED IN CONNECTION WITH TRAVEL BY RAIL, MAY BE REIMBURSED IN ADDITION TO THE PER DIEM ALLOWANCE AUTHORIZED IN LIEU OF SUBSISTENCE, BUT SUCH ITEMS INCURRED INCIDENT TO TRAVEL BY COMMERCIAL AIRPLANE ARE INCLUDED IN THE PER DIEM ALLOWANCE AUTHORIZED FOR TRAVEL BY AIR, AND REIMBURSEMENT THEREFOR IS NOT AUTHORIZED.