B-33449, SEP 27, 1930

B-33449: Sep 27, 1930

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ARMY: THERE WAS RECEIVED SEPTEMBER 18. YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF LIEUTENANT COLONEL BLOXHAM WARD. CLAIMED TO HAVE BEEN INCURRED IN CONNECTION WITH THE TRAINING OF THE ORGANIZED RESERVES FROM JULY 18. LIEUTENANT COLONEL WARD WAS STATIONED IN SAN ANTONIO. BY THE ORDERS CITED WAS DIRECTED TO PROCEED ON OR ABOUT JULY 18. A FLAT PER DIEM OF $2 WAS AUTHORIZED. THE CLAIM IS FOR 30 DAYS AT $2 PER DAY. IT IS STATED THAT CAMP BULLIS IS A SUB-POST OF FORT SAM HOUSTON. WHICH STATION IS SHOWN BY THE OFFICIAL RAILWAY GUIDE TO BE 16 MILES NORTHWEST OF SAN ANTONIO. WHETHER THE OFFICER IS ENTITLED IS A QUESTION OF FACT.

B-33449, SEP 27, 1930

PRECIS-UNAVAILABLE

MAJOR E. T. COMEGYS, F.D., U.S. ARMY:

THERE WAS RECEIVED SEPTEMBER 18, 1930, YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF LIEUTENANT COLONEL BLOXHAM WARD, INFANTRY (D.O.L.), U.S. ARMY, FOR REIMBURSEMENT OF TRAVELING EXPENSES IN THE AMOUNT OF $61.14, CLAIMED TO HAVE BEEN INCURRED IN CONNECTION WITH THE TRAINING OF THE ORGANIZED RESERVES FROM JULY 18, 1930, TO AUGUST 17, 1930, UNDER SPECIAL ORDERS NO. 159, HEADQUARTERS EIGHTH CORPS AREA, DATED JULY 7, 1930.

LIEUTENANT COLONEL WARD WAS STATIONED IN SAN ANTONIO, TEXAS, AND BY THE ORDERS CITED WAS DIRECTED TO PROCEED ON OR ABOUT JULY 18, 1930, TO CAMP BULLIS, TEXAS, AND REPORT TO THE COMMANDING OFFICER FOR TEMPORARY DUTY IN CONNECTION WITH THE TRAINING OF THE ORGANIZED RESERVES DURING THE PERIOD JULY 18, TO AUGUST 17, 1930. IN LIEU OF SUBSISTENCE WHILE ON DUTY AT THE ENCAMPMENT, A FLAT PER DIEM OF $2 WAS AUTHORIZED. THE CLAIM IS FOR 30 DAYS AT $2 PER DAY, AND THREE CENTS PER MILE FOR THE DISTANCE OF 19 MILES EACH WAY FOR TRAVEL IN HIS PRIVATELY OWNED AUTOMOBILE TO AND FROM THE CAMP.

IT IS STATED THAT CAMP BULLIS IS A SUB-POST OF FORT SAM HOUSTON, LOCATED APPROXIMATELY 2 1/4 MILES FROM BECKMANN, TEXAS, THE RAILROAD STATION FOR THE CAMP, WHICH STATION IS SHOWN BY THE OFFICIAL RAILWAY GUIDE TO BE 16 MILES NORTHWEST OF SAN ANTONIO. IN A CASE OF THIS CHARACTER, WHETHER THE OFFICER IS ENTITLED IS A QUESTION OF FACT; THAT IS, WAS HE REQUIRED TO, AND DID HE ACTUALLY, SECURE SUBSISTENCE OTHERWISE THAN AT HIS USUAL ABODE. PAYMENT OF TRAVELING EXPENSES, WHETHER THE MEASURE OF REIMBURSEMENT IS ACTUAL EXPENSES OR A PER DIEM IN LIEU OF SUBSISTENCE, IS ON THE THEORY THE TRAVELER WAS PUT TO UNUSUAL AND INCREASED EXPENSES BY REASON OF HIS ORDERED DUTY AWAY FROM HIS POST OF DUTY. IF HE RETURNED DAILY TO HIS POST OF DUTY AND PROCURED HIS MEALS AND LODGING AS WHEN ON DUTY AT HIS DESIGNATED POST HE SHOULD BE REIMBURSED HIS TRANSPORTATION COST AS AUTHORIZED BY LAW ONLY. ON THE ASSUMPTION THAT THE CONDITIONS UNDER WHICH THE OFFICER WAS SERVING REQUIRED HIS FULL TIME AT CAMP BULLIS, AND BY REASON OF TRAVEL INCIDENT TO THE PERFORMANCE OF SUCH DUTY HE WAS IN A STATUS ENTITLING TO REIMBURSEMENT OF EXPENSES AS PRESCRIBED BY HIS ORDERS. YOU ARE ADVISED THAT PAYMENT MAY BE MADE ON THE VOUCHER RETURNED HEREWITH, IF IT IS OTHERWISE CORRECT.