B-48665, MAY 3, 1945, 24 COMP. GEN. 787

B-48665: May 3, 1945

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO A POINT FROM WHICH THE DISTANCE TO HIS NEW STATION IS EQUAL TO OR GREATER THAN THE DISTANCE FROM THE OLD TO THE NEW STATION. THE TRAVEL BY GOVERNMENT AIRPLANE IS TO BE REGARDED AS OFFICIAL TRAVEL. - FOR WHICH NO MILEAGE IS PAYABLE . TO A POINT FROM WHICH THE DISTANCE TO HIS NEW STATION IS LESS THAN THAT BETWEEN THE OLD AND NEW STATIONS. THE TRAVEL BY GOVERNMENT AIRPLANE IS TO BE CONSIDERED OFFICIAL TRAVEL. - FOR WHICH NO MILEAGE IS PAYABLE. - ONLY FOR THE DISTANCE BETWEEN THE POINT AT WHICH TRAVEL WAS COMMENCED BY GOVERNMENT AIRPLANE AND THE NEW STATION. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER. IS AS FOLLOWS: 40. DTD 22 JAN 45 ARE HELD FR ATCHD 1558TH SU.

B-48665, MAY 3, 1945, 24 COMP. GEN. 787

MILEAGE - TRAVEL OF ARMY OFFICERS BY GOVERNMENT AIRPLANE IN CONJUNCTION WITH OTHER MEANS WHERE AN ARMY OFFICER, IN TRAVELING BY CIRCUITOUS ROUTE FOR PERSONAL CONVENIENCE ON CHANGE OF STATION, TRAVELS BY RAIL, ETC., TO A POINT FROM WHICH THE DISTANCE TO HIS NEW STATION IS EQUAL TO OR GREATER THAN THE DISTANCE FROM THE OLD TO THE NEW STATION, AND THENCE BY GOVERNMENT AIRPLANE TO A POINT FROM WHICH HE COMPLETES THE TRAVEL TO HIS NEW STATION BY OTHER MEANS OF CONVEYANCE, THE TRAVEL BY GOVERNMENT AIRPLANE IS TO BE REGARDED AS OFFICIAL TRAVEL--- FOR WHICH NO MILEAGE IS PAYABLE -- FOR THE DISTANCE BETWEEN THE OLD AND NEW STATIONS, LESS THE DISTANCE TRAVELED BY OTHER MEANS ON THE LAST LEG OF HIS JOURNEY. 23 COMP. GEN. 573, AMPLIFIED. WHERE AN ARMY OFFICER, IN TRAVELING BY CIRCUITOUS ROUTE FOR PERSONAL CONVENIENCE ON CHANGE OF STATION, TRAVELS BY RAIL, ETC., TO A POINT FROM WHICH THE DISTANCE TO HIS NEW STATION IS LESS THAN THAT BETWEEN THE OLD AND NEW STATIONS, AND THENCE BY GOVERNMENT AIRPLANE TO A POINT FROM WHICH HE COMPLETES THE TRAVEL TO HIS NEW STATION BY OTHER MEANS OF CONVEYANCE, THE TRAVEL BY GOVERNMENT AIRPLANE IS TO BE CONSIDERED OFFICIAL TRAVEL--- FOR WHICH NO MILEAGE IS PAYABLE--- ONLY FOR THE DISTANCE BETWEEN THE POINT AT WHICH TRAVEL WAS COMMENCED BY GOVERNMENT AIRPLANE AND THE NEW STATION, LESS THE DISTANCE TRAVELED BY OTHER MEANS ON THE LAST LEG OF HIS JOURNEY. 23 COMP. GEN. 573, AMPLIFIED.

ACTING COMPTROLLER GENERAL MCFARLAND TO LT. COL. J. A. MILTON, ARMY OF THE UNITED STATES, MAY 3, 1945:

THERE HAS BEEN RECEIVED BY SECOND ENDORSEMENT OF MARCH 22, 1945, FROM THE FISCAL DIRECTOR, ARMY SERVICE FORCES, YOUR LETTER DATED FEBRUARY 23, 1945, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, SUBMITTED THEREWITH, STATED IN FAVOR OF FIRST LIEUTENANT JOHN W. CUNNINGHAM, AC, COVERING MILEAGE FOR TRAVEL PERFORMED FROM CAMP ATTERBURY, INDIANA, TO SANTA ANA ARMY AIR BASE, SANTA ANA, CALIFORNIA, PURSUANT TO ORDERS DATED JANUARY 24, 1945.

PARAGRAPH 40, SPECIAL ORDERS NO. 24, ARMY SERVICE FORCES, RECEPTION STATION NO. 6, HEADQUARTERS 1558TH SERVICE UNIT, CAMP ATTERBURY, INDIANA, DATED JANUARY 24, 1945, IS AS FOLLOWS:

40. THE FOLLOWING NAMED OFFICERS, ACMCOUNKN, HAVING RETD TO THE US AND HAVING REPORTED THIS STA IN COMP WITH ST IND GP MOVMT O AS INDICATED. ASF NYPE, CAMP KILMER, NJ, DTD 22 JAN 45 ARE HELD FR ATCHD 1558TH SU, THIS STA AND ARE ASGD TO AAF REDISTRIBUTION STATION NO 4, AAB SANTA ANA, CALIF. OFFICERS ARE GRANTED A DELAY ENROUTE OF TWENTY ONE (21) DAYS, DEPARTING THIS STA 24 JAN 45. ( EDCMR 28 JAN 45). OFFICERS WILL REPORT TO CO STA INDICATED FOR PROCESSING AND REASSIGNMENT ON 18 FEB 45. RANK NAME ASN MOS LV ADDRESS * * *

E 118-6 ST LT. CUNNINGHAM, JOHN W. O 750071 1035 648 N MULBERRY T., MUNCIE, IND.. * * * * * * * * WP PCS TDN TPA FSA 501-31 P 431-01, 102, 103, 107, 108, 221/50425. ( AUTH: WD AGO LTR 370.5 DTD 16 AUG 44. SUBJ: PRI).

THE SAID ORDERS DESIGNATE THE CHANGE OF STATION THEREIN DIRECTED AS A PERMANENT CHANGE OF STATION AND IT IS STATED ON THE VOUCHER EXECUTED BY THE OFFICER THAT THE TRAVEL FROM CAMP ATTERBURY TO SANTA ANA ARMY AIR BASE WAS PERFORMED BETWEEN JANUARY 24, 1945, AND FEBRUARY 18, 1945, AS FOLLOWS: CAMP ATTERBURY TO MUNCIE, INDIANA, BY RAIL; MUNCIE TO INDIANAPOLIS, INDIANA, BY PRIVATELY OWNED CONVEYANCE; INDIANAPOLIS TO CINCINNATI, OHIO, BY RAIL; CINCINNATI TO ATLANTA, GEORGIA, BY COMMERCIAL AIR; ATLANTA TO TAMPA, FLORIDA, BY RAIL; TAMPA TO FORT MYERS, FLORIDA, AND RETURN, BY HIGHWAY; TAMPA TO LOS ANGELES, CALIFORNIA, VIA HOUSTON, TEXAS, TUCSON, ARIZONA, AND FRESNO, CALIFORNIA, BY GOVERNMENT PLANE; LOS ANGELES TO SANTA ANA, CALIFORNIA, BY RAIL; AND SANTA ANA TO SANTA ANA ARMY AIR BASE BY GOVERNMENT AUTOMOBILE. IT IS INDICATED THAT NO GOVERNMENT TRANSPORTATION REQUESTS WERE FURNISHED IN CONNECTION WITH THE ABOVE TRAVEL.

IT IS WELL ESTABLISHED THAT AN OFFICER IS NOT ENTITLED TO MILEAGE FOR TRAVEL PERFORMED BY GOVERNMENT AIRCRAFT. 8 COMP. GEN. 225; A 33221, DATED SEPTEMBER 18, 1930. WAR DEPARTMENT CIRCULAR NO. 260 DATED JUNE 26, 1944, PROVIDES THAT REIMBURSEMENT WILL BE MADE ON A MILEAGE BASIS FOR TRAVEL PERFORMED IN CONNECTION WITH A PERMANENT CHANGE OF STATION EXCEPT WHEN SUCH TRAVEL IS PERFORMED BY GOVERNMENT-OWNED OR GOVERNMENT-OPERATED AIRCRAFT. FOR SUCH AIR TRAVEL A PER DIEM AT THE RATE OF $7 IS PRESCRIBED. THOSE PROVISIONS OF THE SAID CIRCULAR ARE BASED ON SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED BY SECTION 9 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730.

IN THE DECISION OF THIS OFFICE DATED FEBRUARY 7, 1944, 23 COMP. GEN. 573, CITED IN YOUR LETTER, THERE WAS CONSIDERED THE RIGHT OF OFFICERS TO MILEAGE INCIDENT TO OFFICIAL TRAVEL WHERE THAT TRAVEL WAS INTERMINGLED WITH PERSONAL TRAVEL; PERFORMED BY INDIRECT ROUTES; AND PERFORMED IN PART, BY GOVERNMENT AIRCRAFT. IT WAS STATED IN THE SAID DECISION:

WHERE THERE IS AN INTERMINGLING OF OFFICIAL AND PERSONAL TRAVEL BY INDIRECT ROUTES, COMPLICATED BY THE COMBINED USE OF GOVERNMENT AIRPLANES AND OTHER MEANS TO MAKE THE JOURNEY, THE VARYING CIRCUMSTANCES WOULD SEEM TO PRECLUDE ANY METHOD OF ADJUSTMENT ENTIRELY SATISFACTORILY IN ALL CASES. HOWEVER, THE PRIMARY QUESTION IN ALL SUCH CASES INSOFAR AS THE ADJUSTMENT OF MILEAGE PAYMENTS FOR OFFICIAL TRAVEL IS CONCERNED, IS AS TO WHAT PART OF THE JOURNEY BY GOVERNMENT AIRPLANE, IRRESPECTIVE OF DIRECTION OR CIRCUITY, REASONABLY IS TO BE REGARDED AS OFFICIAL TRAVEL TOWARD THE ORDERED DESTINATION TO THE EXTENT, AND ONLY TO THE EXTENT, THAT IT REDUCES THE DISTANCE WHICH THE OFFICER TRAVELS BY OTHER MEANS BELOW THE OFFICIAL DISTANCE OF THE ORDERED TRAVEL. THAT IS, FOR EXAMPLE, IF THE OFFICIAL DISTANCE OF ORDERED TRAVEL FOR MILEAGE PURPOSES IS 1,000 MILES AND BY TRAVELING PART WAY, CIRCUITOUSLY OR OTHERWISE, BY GOVERNMENT AIRPLANE, THE TRAVEL BY OTHER MEANS IS REDUCED TO 800 MILES, 200 MILES OF THE AIRPLANE TRAVEL IS TO BE REGARDED AS OFFICIAL TRAVEL BY AIR TOWARD THE ORDERED DESTINATION, FOR WHICH NO MILEAGE IS PAYABLE, THUS REDUCING THE OFFICIAL DISTANCE FOR WHICH MILEAGE IS PAYABLE TO 800 MILES. SUCH METHOD OF ADJUSTMENT APPEARS FAIR BOTH TO THE GOVERNMENT AND TO THE TRAVELER, IN THAT IT ALLOWS MILEAGE FOR THE DISTANCE, BUT ONLY FOR THE DISTANCE--- NOT EXCEEDING THE OFFICIAL DISTANCE, OF COURSE--- WHICH THE OFFICER ACTUALLY TRAVELS BY OTHER MEANS IN COMPLYING WITH HIS ORDERS, BY REASON OF HAVING MADE PART OF HIS JOURNEY IN A GOVERNMENT AIRPLANE.

IT IS TO BE NOTED THAT IN THE EXAMPLE MENTIONED IN THAT DECISION THE OFFICER BEGAN HIS TRAVEL BY GOVERNMENT PLANE AT HIS OLD STATION AND THAT IN THE PRESENT CASE, LIEUTENANT CUNNINGHAM BEGAN HIS TRAVEL FROM HIS OLD STATION BY MEANS OTHER THAN GOVERNMENT PLANE. HOWEVER, AS STATED IN THE DECISION OF FEBRUARY 7, 1944, THE PRIMARY QUESTION IN ALL SUCH CASES IS AS TO WHAT PART OF THE JOURNEY BY GOVERNMENT AIRPLANE PROPERLY SHOULD BE REGARDED AS OFFICIAL TRAVEL. THE ONLY REASONABLE APPROACH TO THAT QUESTION IS TO CONSIDER TRAVEL BY GOVERNMENT PLANE AS OFFICIAL TRAVEL ONLY INSOFAR AS SUCH TRAVEL MAKES OFFICIAL TRAVEL BY OTHER MEANS UNNECESSARY. FOR EXAMPLE, IF AN OFFICER UNDER ORDERS TO MAKE A PERMANENT CHANGE OF STATION FROM CHICAGO, ILLINOIS, TO SAN FRANCISCO, CALIFORNIA, TRAVELS BY MEANS OTHER GOVERNMENT PLANE TO A POINT FROM WHICH THE DISTANCE TO SAN FRANCISCO IS EQUAL TO OR GREATER THAN THE DISTANCE TO CHICAGO TO SAN FRANCISCO, AND FROM THAT POINT TRAVELS BY GOVERNMENT PLANE TO WITHIN 100 MILES OF SAN FRANCISCO, THE TRAVEL BY GOVERNMENT PLANE--- EXCEPT FOR THAT 100 MILES--- HAS MADE ALL TRAVEL BY OTHER MEANS BETWEEN CHICAGO AND SAN FRANCISCO UNNECESSARY AND THE TRAVEL BY GOVERNMENT PLANE WOULD BE CONSIDERED OFFICIAL TRAVEL FOR THE DISTANCE BETWEEN CHICAGO AND SAN FRANCISCO LESS 100 MILES. ON THE OTHER HAND, IF THE SAME OFFICER UNDER THE SAME CIRCUMSTANCES, HAD PERFORMED TRAVEL BY MEANS OTHER THAN GOVERNMENT PLANE TO A POINT FROM WHICH THE DISTANCE TO SAN FRANCISCO WAS LESS THAN THE DISTANCE FROM CHICAGO TO SAN FRANCISCO AND FROM THAT POINT HAD PROCEEDED TO WITHIN 100 MILES OF SAN FRANCISCO BY GOVERNMENT PLANE, THE TRAVEL BY GOVERNMENT PLANE WOULD BE CONSIDERED OFFICIAL TRAVEL ONLY INSOFAR AS IT MADE UNNECESSARY TRAVEL BY OTHER MEANS BETWEEN THE POINT WHERE GOVERNMENT PLANE TRAVEL COMMENCED AND THE OFFICER'S NEW STATION. THAT IS, IF THE OFFICIAL DISTANCE FROM THE POINT AT WHICH GOVERNMENT PLANE TRAVEL COMMENCED AND THE OFFICER'S NEW STATION. THAT IS, IF THE OFFICIAL DISTANCE FROM THE POINT AT WHICH GOVERNMENT PLANE TRAVEL WAS COMMENCED TO SAN FRANCISCO WAS 1,000 MILES AND TRAVEL BY GOVERNMENT PLANE FROM THAT POINT PLACED THE OFFICER ONLY 100 MILES FROM SAN FRANCISCO, THE TRAVEL BY GOVERNMENT PLANE WOULD BE CONSIDERED OFFICIAL TRAVEL TO THE EXTENT OF 900 MILES AND THE OFFICER WOULD BE ENTITLED TO MILEAGE FOR THE OFFICIAL DISTANCE BETWEEN CHICAGO AND SAN FRANCISCO LESS 900 MILES.

THE OFFICIAL DISTANCE FROM TAMPA, FLORIDA--- THE POINT AT WHICH THE OFFICER COMMENCED TRAVEL BY GOVERNMENT PLANE--- TO SANTA ANA ARMY AIR BASE IS GREATER THAN IS THE OFFICIAL DISTANCE FROM CAMP ATTERBURY TO SANTA ANA ARMY AIR BASE. THEREFORE, UNDER THE RULE MENTIONED ABOVE LIEUTENANT CUNNINGHAM IS ENTITLED TO MILEAGE FOR ONLY THE DISTANCE FROM LOS ANGELES TO SANTA ANA ARMY AIR BASE, ALL OTHER OFFICIAL TRAVEL BETWEEN HIS OLD STATION AND HIS NEW STATION BEING CONSIDERED TRAVEL BY GOVERNMENT PLANE.

ACCORDINGLY, MILEAGE AT THE RATE OF 8 CENTS PER MILE MAY BE PAID FOR THE OFFICIAL DISTANCE FROM LOS ANGELES TO SANTA ANA ARMY AIR BASE, LESS 3 CENTS PER MILE FOR THE DISTANCE TRAVELED BY GOVERNMENT AUTOMOBILE FROM SANTA ANA TO SANTA ANA ARMY AIR BASE. ON THAT BASIS PAYMENT OF THE SUBMITTED VOUCHER, WHEN PROPERLY CERTIFIED FOR PAYMENT, IS AUTHORIZED, IF OTHERWISE CORRECT. THE VOUCHER IS RETURNED HEREWITH.