B-43113, AUGUST 12, 1944, 24 COMP. GEN. 110

B-43113: Aug 12, 1944

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PER DIEM PAYMENTS WILL BE ALLOWED FOR THE ACTUAL AIR TRAVEL TIME. PER DIEM WILL BE ALLOWED FOR ENTIRE PERIODS OF ABSENCE FROM PERMANENT STATIONS. GEN. 401 AND 11 ID. 437) NO LONGER WILL BE FOLLOWED WHERE INCONSISTENT. PROVIDED IT BE SHOWN THAT NO PER DIEM WAS PAID FOR TIME AT THE TEMPORARY STATION. 1944: I HAVE YOUR LETTER OF JULY 3. IN WHICH IT IS STATED NUMEROUS NOTICES OF EXCEPTIONS ARE BEING RECEIVED FROM THE AUDIT DIVISION OF THIS OFFICE WITH RESPECT TO PAYMENTS OF MILEAGE FOR RAIL TRAVEL ON THE RETURN PORTION OF A ROUND TRIP. WHERE THE GOING TRIP WAS PERFORMED BY AIR. THE PAYMENTS WILL BE PASSED TO CREDIT. REQUESTS FOR REVIEW OF EXCEPTIONS OR DISALLOWANCES MADE IN THE SETTLEMENT OF DISBURSING OFFICERS' ACCOUNTS ORDINARILY ARE NOT FOR CONSIDERATION BY THIS OFFICE UNLESS SUBMITTED BY THE DISBURSING OFFICER WHOSE ACCOUNTS ARE INVOLVED. 19 COMP.

B-43113, AUGUST 12, 1944, 24 COMP. GEN. 110

SUBSISTENCE; MILEAGE - AIR TRAVEL; ETC. - TEMPORARY DUTY - NAVY OFFICERS UNDER ORDERS HEREAFTER ISSUED, FOR TRAVEL OF NAVY OFFICERS BY AIR, PROVIDING ONLY FOR PAYMENT OF PER DIEM IN AN AIR TRAVEL STATUS, PER DIEM PAYMENTS WILL BE ALLOWED FOR THE ACTUAL AIR TRAVEL TIME, ONLY, INCLUDING DELAYS AT PLACES OTHER THAN TEMPORARY STATION INCIDENT TO TRANSPORTATION BY AIR; HOWEVER, PER DIEM WILL BE ALLOWED FOR ENTIRE PERIODS OF ABSENCE FROM PERMANENT STATIONS, REGARDLESS OF THE TRANSPORTATION MODE AUTHORIZED OR USED, UNDER ORDERS PROVIDING, PURSUANT TO THE ACT OF FEBRUARY 7, 1942, AS EXTENDED, FOR PAYMENT OF PER DIEM FOR THE PERIOD OF TEMPORARY DUTY AS WELL AS FOR AIR TRAVEL, OR FOR THE ENTIRE PERIOD OF ABSENCE FROM PERMANENT STATION. PRIOR DECISIONS (SUCH AS 3 COMP. GEN. 401 AND 11 ID. 437) NO LONGER WILL BE FOLLOWED WHERE INCONSISTENT. MILEAGE MAY BE ALLOWED TO NAVY OFFICERS FOR TRAVEL PERFORMED BY TRANSPORTATION MODES OTHER THAN AIR IN RETURNING FROM TEMPORARY STATIONS TO WHICH THEY HAD TRAVELED BY AIR UNDER ORDERS PROVIDING FOR PAYMENT OF PER DIEM ONLY WHILE IN AN AIR TRAVEL STATUS, PROVIDED IT BE SHOWN THAT NO PER DIEM WAS PAID FOR TIME AT THE TEMPORARY STATION.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, AUGUST 12, 1944:

I HAVE YOUR LETTER OF JULY 3, 1944, SUBMITTING A LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, DATED JUNE 26, 1944, IN WHICH IT IS STATED NUMEROUS NOTICES OF EXCEPTIONS ARE BEING RECEIVED FROM THE AUDIT DIVISION OF THIS OFFICE WITH RESPECT TO PAYMENTS OF MILEAGE FOR RAIL TRAVEL ON THE RETURN PORTION OF A ROUND TRIP, WHERE THE GOING TRIP WAS PERFORMED BY AIR, AND REQUESTING DECISION WHETHER IN VIEW OF THE STATED PURPOSE OF THE NAVY TRAVEL INSTRUCTIONS AS SET FORTH BY THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, THE PAYMENTS WILL BE PASSED TO CREDIT.

REQUESTS FOR REVIEW OF EXCEPTIONS OR DISALLOWANCES MADE IN THE SETTLEMENT OF DISBURSING OFFICERS' ACCOUNTS ORDINARILY ARE NOT FOR CONSIDERATION BY THIS OFFICE UNLESS SUBMITTED BY THE DISBURSING OFFICER WHOSE ACCOUNTS ARE INVOLVED. 19 COMP. GEN. 306. HOWEVER, IN VIEW OF THE QUESTION RAISED AS TO THE PROPER INTERPRETATION OF THE APPLICABLE PROVISIONS OF NAVY TRAVEL INSTRUCTIONS, THE SUBMISSION WILL BE CONSIDERED ON THAT BASIS AND, ALSO, WILL BE TREATED AS A REQUEST FOR AN ADVANCE DECISION FOR THE GUIDANCE OF THE DEPARTMENT IN HANDLING SIMILAR FUTURE CASES.

NOTICE OF EXCEPTION TO PAYMENT MADE TO LIEUTENANT ( JG) J. E. TEBBETTS, USNR, ON VOUCHER NO. 17961 OF THE NOVEMBER 1942 ACCOUNTS OF LIEUTENANT COMMANDER W. J. MCNEIL, SUPPLY CORPS, U.S. NAVAL RESERVE, DISBURSING DIVISION, BUREAU OF SUPPLIES AND ACCOUNTS, IS REFERRED TO AS TYPICAL OF THE CASES IN QUESTION. THE ORDERS TO TEBBETTS FROM THE COMMANDANT, U.S. NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, DATED AUGUST 4, 1942, DIRECTED TRAVEL AND TEMPORARY DUTY AS FOLLOWS:

SUBJECT: TEMPORARY ADDITIONAL DUTY.

REFERENCE: (A) BUNAV LETTER NAV 313 FR-P16-4 (A), OF MARCH 19, 1942.

1. YOU WILL PROCEED ON OR ABOUT AUGUST 4, 1942, VIA NAVAL AIRCRAFT, TO ST. LOUIS, MISSOURI, REPORTING TO THE COMMANDING OFFICER, NAVAL RESERVE AVIATION BASE, IN CONNECTION WITH FERRYING USED N2S-2 AIRPLANE FROM CORPUS CHRISTI, TEXAS, TO ST. LOUIS, MISSOURI. UPON DELIVERY OF USED N2S-2 AIRPLANE AND WHEN DIRECTED BY THE PROPER AUTHORITY, YOU WILL RETURN, VIA NAVAL AIRCRAFT OR COMMERCIAL TRANSPORTATION, TO CORPUS CHRISTI, TEXAS.

2. IT IS ANTICIPATED THAT THE DUTY AT ST. LOUIS, MISSOURI, WILL EXCEED SEVENTY-TWO HOURS.

3. YOU WILL BE ALLOWED A PER DIEM OF $6.00 IN LIEU OF SUBSISTENCE DURING YOUR ABSENCE FROM YOUR STATION WHILE IN AN AIR TRAVEL STATUS.

4. COST OF TRAVEL INVOLVED IS CHARGEABLE TO PS AND T.

5. THE ABOVE NAMED OFFICER IS NOT DRAWING A PENSION, DISABILITY ALLOWANCE, DISABILITY COMPENSATION OR RETIRED PAY FROM THE GOVERNMENT OF THE UNITED STATES.

THE STATEMENT OF THE TRAVEL PERFORMED IN COMPLIANCE WITH THESE ORDERS IS AS FOLLOWS:

1. TRAVEL PERFORMED VIA NAVAL AIRCRAFT AS FOLLOWS: AUGUST 4, 1942:

DEPARTED CORPUS CHRISTI, TEXAS -------------- 1040 CWT.

ARRIVED AUSTIN, TEXAS ------------------------ 1325 CWT.

DEPARTED AUSTIN, TEXAS ----------------------- 1330 CWT.

ARRIVED DALLAS, TEXAS ------------------------ 1536 CWT REMAINED

OVERNIGHT. AUGUST 5, 1942:

DEPARTED DALLAS, TEXAS ----------------------- 10925 CWT.

ARRIVED TULSA, OKLA -------------------------- 1145 CWT FUEL,

LUNCH.

DEPARTED TULSA, OKLA ------------------------- 1325 CWT.

ARRIVED KANSAS CITY, MO. -------------------- 1540 CWT REMAINED

OVERNIGHT. AUGUST 6, 1942:

DELAYED AT KANSAS CITY, MO., BECAUSE OF BAD WEATHER. AUGUST 7, 1942:

DEPARTED KANSAS CITY, MO. ------------------- 10925 CWT.

ARRIVED ST. LOUIS, MO. ----------------------1135 CWT DELIVERY.

2. TRAVEL PERFORMED VIA COMMERCIAL AS FOLLOWS: AUGUST 8, 1942:

DETACHED, NRAB, ST. LOUIS, MO. AUGUST 9, 1942:

DEPARTED ST. LOUIS, MO. --------------------- 1400 CWT. AUGUST 10, 1942:

ARRIVED CORPUS CHRISTI, TEXAS --------------- 2030 CWT DUTY

COMPLETED.

GOVERNMENT TRANSPORTATION REQUESTS WERE ISSUED FOR RETURN TRAVEL, INCLUDING TRN 953,317 FOR PULLMAN FROM ST. LOUIS, MISSOURI, TO HOUSTON, TEXAS. MILEAGE WAS PAID ON THE ABOVE-CITED VOUCHER FOR 1051 MILES AT 8 CENTS PER MILE LESS 3 CENTS PER MILE FOR TRANSPORTATION FURNISHED, AND LESS $7.55 FOR PULLMAN ACCOMMODATIONS FURNISHED ON GOVERNMENT REQUEST. WITH RESPECT TO THE LATTER ITEM, IT IS TO BE NOTED THAT ARTICLE 2509-7 (J), NAVY TRAVEL INSTRUCTIONS, SPECIFICALLY PROVIDES THAT TRANSPORTATION REQUESTS SHALL NOT BE ISSUED TO COVER PULLMAN ACCOMMODATIONS FOR OFFICERS TRAVELING ON A MILEAGE BASIS. CREDIT WAS WITHHELD IN THE AMOUNT OF $27 BY NOTICE OF EXCEPTION DATED MAY 11, 1944, WITH THE FOLLOWING STATEMENT:

STATEMENT PAID MILEAGE -------------------------------------------- $45 ALLOWED P. D. 8/8-10/42, 3 DAYS AT 6 --------------------- $18

IN VIEW OF ART. 2501-5, A. 2, A. NTI, IT APPEARS THAT THE OFFICER'S ORDERS CONTEMPLATED A CONTINUOUS P. D. STATUS AFTER HE COMMENCED TRAVEL VIA AIR.

THE CHIEF OF BUREAU OF SUPPLIES AND ACCOUNTS SETS FORTH IN HIS LETTER THE PURPORTED PURPOSE OF THE NAVY TRAVEL INSTRUCTIONS AS FOLLOWS:

3. ARTICLE 2501-5 (A) (2), U.S. NAVY TRAVEL INSTRUCTIONS, ISSUED IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, AND CURRENT AT THE TIME OF THE TRAVEL HERE INVOLVED, WHICH CORRESPONDS TO THE PRESENT ARTICLE 2501-5 (A) (2) (A), PROVIDED (SEE ADVANCE CHANGE DATED 22 JUNE 1942):

"* * * IF TRAVEL BY AIR IS INTERRUPTED AND IT BECOMES NECESSARY TO CONTINUE THE JOURNEY BY ANOTHER MODE OF TRAVEL, THE OFFICER WILL BE ENTITLED TO REIMBURSEMENT FOR COST TO HIM FOR COMMERCIAL TRANSPORTATION FROM THE POINT WHERE AIR TRAVEL WAS INTERRUPTED.'

4. IT APPEARS THAT THE GENERAL ACCOUNTING OFFICE IS NOT GIVING THE CORRECT INTERPRETATION TO SUCH INSTRUCTION, THE PURPOSE OF WHICH WAS TO CONTINUE THE PER DIEM STATUS UNDER THE CIRCUMSTANCES NOTED, FOR TRAVEL BETWEEN ANY TWO DUTY POINTS BEGUN BY AIR WHERE AIR TRAVEL WAS INTERRUPTED BY REASON OF BAD WEATHER, MECHANICAL DIFFICULTIES, ETC. IN OTHER WORDS, EACH INDIVIDUAL TRIP BETWEEN DUTY POINTS ON THE OFFICER'S ITINERARY IS TO BE CONSIDERED AS A SEPARATE JOURNEY FOR THE PURPOSE OF APPLYING SUCH PROVISION. IT WAS NOT INTENDED, NOR DOES IT APPEAR THAT THE ARTICLE REQUIRES, THAT IN ANY CASE WHERE TRAVEL IS BEGUN BY AIR UNDER SUCH ORDERS, THE OFFICER REMAIN IN A CONTINUOUS PER DIEM STATUS FOR THE REMAINDER OF THE ENTIRE TRIP REGARDLESS OF THE MODE OF TRAVEL AND WITHOUT RESPECT TO INTERMEDIATE STOPS EN ROUTE.

5. ANY DOUBT AS TO THE INTENT OF THE DEPARTMENT IN THE MATTER WOULD APPEAR TO BE REMOVED BY THE FACT THAT ARTICLE 2501-3 (D) (14) OF THE INSTRUCTIONS PROVIDES FOR THE PAYMENT OF MILEAGE FOR LAND TRAVEL UNDER ORDERS EMBODYING AUTHORITY FOR TRAVEL BY GOVERNMENT AIRCRAFT OR COMMERCIAL TRANSPORTATION AND SPECIFYING A PER DIEM WHILE IN AN AIR TRAVEL STATUS. RELATIVE TO THAT PROVISION IT IS PROVIDED IN ARTICLE 2501-5 (A) (3) (D) THAT PER DIEM WHILE IN AN AIR TRAVEL STATUS CEASES UPON ARRIVAL AT A TEMPORARY DUTY POINT IF DEPARTURE THEREFROM IS VIA OTHER THAN AIRCRAFT. SEE ALSO PART IV OF ENCLOSURE C TO BUPERS'S AND A JOINT LETTER OF 29 APRIL 1944, NAVY DEPARTMENT, SEMIMONTHLY BULLETIN, 30 APRIL 1944, PAGE 157, WHEREIN IT IS STATED THAT AN AIR TRAVEL STATUS BEGINS ON DEPARTURE BY AIRCRAFT AND CEASES ON ARRIVAL BY AIRCRAFT AT A DUTY STATION WHEN DEPARTURE FROM SUCH POINT IS VIA OTHER THAN AIRCRAFT.

6. IT IS BELIEVED THAT THE MATTER IS CLARIFIED BY THE CURRENT INSTRUCTION WHICH PROVIDES FOR A CONTINUOUS PER DIEM WHERE AIR TRAVEL "IS INTERRUPTED DUE TO AIR TRANSPORT OPERATING CAUSES AT OTHER THAN A TEMPORARY DUTY STATION.' (SEE CHANGE 16, DATED MAY 1944.) HOWEVER, AS TO PAST PAYMENTS OF MILEAGE SUCH AS IN THE CASE OF LT. (JG) TEBBETTS IT IS RECOMMENDED THAT REQUEST BE MADE OF THE COMPTROLLER GENERAL AS TO WHETHER, IN VIEW OF THE EXPRESSED PURPOSE OF THE INSTRUCTIONS IN QUESTION, THE EXCEPTIONS TAKEN WILL BE REMOVED AND THE PAYMENTS PASSED TO CREDIT IN THE ACCOUNTS OF THE DISBURSING OFFICERS CONCERNED.

PARAGRAPHS 1 AND 2, SECTION 12, OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, PROVIDE 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 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 DEPARTMENT 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, AND OF THE NATIONAL GUARD WHILE IN FEDERAL SERVICE, OR WHILE PARTICIPATING IN EXERCISES, OR PERFORMING DUTIES UNDER SECTIONS 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 ACT OF FEBRUARY 7, 1942, 56 STAT. 63, PROVIDES:

* * * THAT FROM THE DATE OF THE APPROVAL OF THIS ACT OF JUNE 30, 1943, THE SECRETARY OF THE NAVY, IN PRESCRIBING PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $6 IN LIEU OF SUBSISTENCE FOR OFFICERS OF THE NAVY AND MARINE CORPS AND THE RESERVE COMPONENTS THEREOF, TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, PURSUANT TO THE FIRST PARAGRAPH OF SECTION 12 OF THE ACT APPROVED JUNE 10, 1922 (42 STAT. 631), AS AMENDED, IS HEREBY AUTHORIZED TO PRESCRIBE SUCH PER DIEM RATES OF ALLOWANCE, WHETHER OR NOT ORDERS ARE GIVEN TO SUCH OFFICERS FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AND WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM THEIR DESIGNATED POSTS OF DUTY UNDER SUCH ORDERS.

ACTUAL EXPENSES OR A PER DIEM IN LIEU THEREOF IS AUTHORIZED BY PARAGRAPH 2 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 "FOR TRAVEL BY AIR UNDER COMPETENT ORDERS ON DUTY WITHOUT TROOPS.' IT HAS BEEN HELD UNDER SIMILAR PROVISIONS OF PRIOR STATUTES THAT IF TRAVEL WAS INTERRUPTED DUE TO AIR TRANSPORT OPERATING CAUSES OTHER THAN AT A TEMPORARY DUTY STATION, THE AIR TRAVEL STATUS WAS NOT TERMINATED. ALSO, AN AIR TRAVEL STATUS HAS BEEN RECOGNIZED AS EXISTING UNDER THE PRIOR LAWS FOR LIMITED PERIODS OF TEMPORARY DUTY WHERE TRAVEL TO THE TEMPORARY STATION WAS PERFORMED BY AIRCRAFT, THE DUTIES ASSIGNED WERE PERFORMED WITHIN THE LIMITED TIME, AND DEPARTURE FROM THE TEMPORARY STATION WAS BY AIRCRAFT. 3 COMP. GEN. 401. THE TIME OF DELAY ESTABLISHED FOR TERMINATION OF SUCH AIR TRAVEL STATUS, AT FIRST FIXED AT 72 HOURS, LATER WAS INCREASED UNDER EXCEPTIONAL CIRCUMSTANCES IF SO STATED IN THE ORDERS, TO 15 DAYS. SEE 11 COMP. GEN. 437. THESE DECISIONS WHICH RECOGNIZED AN AIR TRAVEL STATUS DURING A PERIOD OF TEMPORARY DUTY ON THE THEORY THAT THE OFFICER REMAINED IN A CONTINUOUS AIR TRAVEL STATUS, IF THE STOP AT THE TEMPORARY DUTY STATION DID NOT EXCEED A LIMITED TIME, UNDOUBTEDLY WERE INFLUENCED BY THE FACT THAT AT THE TIME THEY WERE RENDERED THE LAW MADE NO PROVISION FOR PAYMENT OF PER DIEM, EXCEPT FOR TRAVEL BY AIR AND UNDER CERTAIN OTHER CONDITIONS NOT HERE MATERIAL, AND THAT TO DEPRIVE THE OFFICER OF SOME FORM OF REIMBURSEMENT OF EXPENSES WHILE IN THE PERFORMANCE OF THE TEMPORARY DUTY WOULD HAVE RESULTED IN UNDUE HARDSHIP. HOWEVER, SINCE THE SECRETARY OF THE NAVY NOW HAS AUTHORITY UNDER THE CITED ACT OF FEBRUARY 7, 1942, CONTINUED BY THE ACT OF JUNE 26, 1943, 57 STAT. 204, TO PRESCRIBE PER DIEM FOR OFFICERS WHILE PERFORMING TEMPORARY ADDITIONAL DUTY AT A DESIGNATED DUTY STATION, WHETHER THE TRAVEL THERETO BE BY LAND OR AIR, AND FOR INDEFINITE PERIODS OF TEMPORARY DUTY AS FIXED INDIVIDUALLY BY THE ORDERS, IF NOT OTHERWISE LIMITED BY REGULATIONS, THERE NO LONGER EXISTS ANY APPARENT NECESSITY OR REASON FOR CONSIDERING AN OFFICER AS IN A CONTINUOUS AIR TRAVEL STATUS DURING A PERIOD OF TEMPORARY DUTY FOR PURPOSES OF PAYMENT OF PER DIEM MERELY BECAUSE THE OFFICER TRAVELED TO AND FROM THE PLACE OF TEMPORARY DUTY BY AIRCRAFT. CLEARLY AN OFFICER IS NOT IN FACT IN AN AIR TRAVEL STATUS WHILE AT A TEMPORARY DUTY STATION FOR THE PERFORMANCE OF THE DUTIES ENJOINED BY HIS ORDERS. ACCORDINGLY, IN ALL CASES OF TRAVEL PERFORMED UNDER ORDERS ISSUED SUBSEQUENT TO THE DATE OF THIS DECISION WHERE THE ORDERS AUTHORIZE OR DIRECT TRAVEL BY AIR AND PROVIDE ONLY FOR PAYMENT OF PER DIEM WHILE IN AN AIR TRAVEL STATUS, PAYMENTS OF PER DIEM WILL BE ALLOWED IN THE SETTLEMENT OF DISBURSING OFFICERS' ACCOUNTS ONLY FOR THE ACTUAL AIR TRAVEL TIME, INCLUDING DELAYS AT PLACES OTHER THAN THE ASSIGNED TEMPORARY DUTY STATION INCIDENT TO THAT MODE OF TRANSPORTATION. THE RIGHT TO PER DIEM AS FOR AN AIR TRAVEL STATUS UNDER SUCH ORDERS WILL BE CONSIDERED AS HAVING TERMINATED UPON ARRIVAL BY AIR AT A TEMPORARY DUTY STATION REGARDLESS OF WHETHER THE OFFICER DEPARTS FROM THE TEMPORARY DUTY STATION BY AIR OR OTHERWISE. WHERE THE ORDERS AUTHORIZE PAYMENT OF PER DIEM FOR TRAVEL BY AIR AND THE PERIODS OF TEMPORARY DUTY INVOLVED, OR IF PER DIEM BE AUTHORIZED FOR THE ENTIRE PERIOD OF ABSENCE FROM THE PERMANENT STATION, PER DIEM, IF NOT OTHERWISE RESTRICTED BY THE ORDERS OR BY REGULATIONS, WILL BE ALLOWED FOR THE ENTIRE PERIOD OF ABSENCE FROM THE OFFICER'S DESIGNATED STATION REGARDLESS OF THE MODE OF TRANSPORTATION AUTHORIZED OR USED. THE PRIOR DECISIONS, TO THE EXTENT THEY ARE INCONSISTENT WITH THE FOREGOING, WILL NOT HEREAFTER BE FOLLOWED.

THE ORDERS IN THE CASE OF LIEUTENANT TEBBETTS DIRECTED HIM TO PROCEED VIA NAVAL AIRCRAFT TO ST. LOUIS, MISSOURI, IN CONNECTION WITH FERRYING A USED AIRPLANE FROM CORPUS CHRISTI, TEXAS, TO ST. LOUIS, MISSOURI. HE WAS DIRECTED TO RETURN VIA NAVAL AIRCRAFT OR COMMERCIAL TRANSPORTATION TO CORPUS CHRISTI, TEXAS. A PER DIEM OF $6 IN LIEU OF SUBSISTENCE WAS AUTHORIZED DURING HIS ABSENCE FROM HIS STATION WHILE IN AN AIR TRAVEL STATUS. HE RETURNED TO HIS PROPER STATION BY RAIL AND THE RECORD INDICATES THAT NO PER DIEM WAS PAID FOR THE PERIOD OF TEMPORARY DUTY AT ST. LOUIS, MISSOURI. SINCE THE NAVY TRAVEL INSTRUCTIONS ISSUED SUBSEQUENT TO THE ACT OF FEBRUARY 7, 1942, SUPRA, RELATING TO THE PER DIEM FOR TRAVEL BY AIR AND TEMPORARY DUTY, ARE AMBIGUOUS TO THE EXTENT THAT DIFFERENT INTERPRETATIONS OF THE PROVISIONS THEREOF REASONABLY COULD BE JUSTIFIED, AND IN VIEW OF THE ABOVE-QUOTED STATEMENT OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IN THE MATTER, THE PAYMENT OF MILEAGE IN THIS CASE AND IN SIMILAR CASES WHERE DEPARTURE FROM THE TEMPORARY DUTY STATION WAS NOT BY AIR AND IT IS SHOWN THAT NO PER DIEM WAS PAID FOR TIME AT THE TEMPORARY DUTY STATION, WILL NOT BE FURTHER QUESTIONED. THE EXCEPTIONS TAKEN BY THIS OFFICE IN SUCH CASES WILL BE REMOVED IN THE COURSE OF SETTLEMENT OF THE ACCOUNTS OF THE DISBURSING OFFICERS CONCERNED.