B-4985, AUGUST 11, 1939, 19 COMP. GEN. 186

B-4985, AUGUST 11, 1939, 19 COMP. GEN. 186

MILEAGE - ARMY OFFICERS - TRAVEL VIA GOVERNMENT CONVOY IN CONNECTION WITH THE RESERVE OFFICERS' TRAINING CORPS WHERE AN ARMY OFFICER TRAVELED UNDER ORDERS DIRECTING HIM AND SEVERAL ENLISTED MEN TO PROCEED VIA GOVERNMENT MOTOR CONVOY AND UPON ARRIVAL AT DESTINATION TO DELIVER THE CONVOY TO THE COMMANDING GENERAL FOR USE IN CONNECTION WITH THE RESERVE OFFICERS' TRAINING CORPS CAMP AT THAT STATION, THE OFFICER IS NOT ENTITLED TO MILEAGE UNDER SECTION 12, ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDING THAT OFFICERS SHALL BE PAID MILEAGE "WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS," THE TRAVEL CLEARLY HAVING BEEN IN CONNECTION WITH A MOVEMENT OVERLAND OF A DETACHMENT BY TRANSPORTATION BELONGING TO THE UNITED STATES AND WITHIN THE PROVISIONS OF ARMY REGULATIONS DEFINING TRAVEL WITH TROOPS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO SECOND LIEUTENANT L. B. HOWSON, UNITED STATES ARMY RESERVES, AUGUST 11, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 28, 1939, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF CAPT. CHARLES W. COWLES, FIELD ARTILLERY, UNITED STATES ARMY, FOR PAYMENT UNDER APPROPRIATION " RESERVE OFFICERS' TRAINING CORPS, 1939" IN THE AMOUNT OF $12.35, COVERING MILEAGE FOR TRAVEL BY CONVOY JUNE 6, 1939, FROM COLUMBUS, OHIO, TO FORT KNOX, KY. YOU STATE YOU ARE IN DOUBT WHETHER THIS JOURNEY OVERLAND MAY BE REGARDED AS TRAVEL WITHOUT TROOPS AS DEFINED IN PARAGRAPH 3-B, A.R. 35 4820.

PARAGRAPH 10, SPECIAL ORDERS NO. 121, HEADQUARTERS FIFTH CORPS AREA, FORT HAYES, COLUMBUS, OHIO, DATED MAY 24, 1939, IS AS FOLLOWS:

10. THE FOLLOWING NAMED OFFICER AND ENLISTED MEN, DETACHED ENLISTED MEN'S LIST ( R.O.T.C.), OHIO STATE UNIVERSITY, COLUMBUS, OHIO, WILL PROCEED ON OR ABOUT JUNE 6, 1939, VIA GOVERNMENT MOTOR CONVOY, TO FORT KNOX, KENTUCKY, REPORTING AND DELIVERING THE CONVOY TO THE COMMANDING GENERAL THEREOF FOR USE IN CONNECTION WITH THE 1939 RESERVE OFFICERS' TRAINING CORPS TRAINING CAMP. THE OFFICER AND EACH ENLISTED MAN CONCERNED WILL REPORT IN PERSON TO THE COMMANDING GENERAL FOR TEMPORARY DUTY IN CONNECTION WITH THE RESERVE OFFICERS' TRAINING CORPS TRAINING CAMP TO BE HELD AT THAT STATION:

CAPTAIN CHARLES W. COWLES, FIELD ARTILLERY

* * * * (CHART OMITTED) * * * *

UPON COMPLETION OF THIS DUTY ON OR ABOUT JULY 31, 1939, THE OFFICER AND EACH ENLISTED MAN CONCERNED WILL RETURN VIA GOVERNMENT MOTOR TRANSPORTATION TO HIS PERMANENT STATION. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. IT BEING IMPRACTICABLE FOR THE GOVERNMENT TO FURNISH COOKING FACILITIES FOR RATIONS, THE FINANCE DEPARTMENT WILL PAY THE MONETARY TRAVEL ALLOWANCE PRESCRIBED IN TABLE II, PAR. 2 A, AR 35- 4520, AT THE RATE OF $2.25 PER DAY FOR RATIONS FOR EACH ENLISTED MAN FOR ONE-THIRD ( 1/3) OF A DAY, BOTH WAYS, WHILE TRAVELING TO AND FROM CAMP. FD 445 P 7-0623, A 1605-9 AND FD 375 P 7 0620, 7-0623 A 1605-0 ( R.O.T.C.).

THE ACT OF JUNE 11, 1938, 52 STAT. 665, MAKING APPROPRIATIONS FOR THE MILITARY ESTABLISHMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1939, UNDER THE HEADING " RESERVE OFFICERS' TRAINING CORPS," PROVIDES:

* * * FOR MILEAGE * * * AS AUTHORIZED BY LAW, FOR OFFICERS * * * OF THE REGULAR ARMY TRAVELING ON DUTY PERTAINING TO OR ON DETAIL TO OR RELIEF FROM DUTY WITH THE RESERVE OFFICERS' TRAINING CORPS; * * *

SECTION 12, ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDES THAT OFFICERS "WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS" SHALL BE PAID MILEAGE, AND THE ACT OF JUNE 12, 1906, 34 STAT. 246, FURTHER PROVIDES THAT THE SECRETARY OF WAR MAY DETERMINE WHAT SHALL CONSTITUTE TRAVEL "WITHOUT TROOPS," WITHIN THE MEANING OF THE LAWS GOVERNING THE PAYMENT OF MILEAGE TO OFFICERS OF THE ARMY.

PARAGRAPH 3, ARMY REGULATIONS 35-4820, AUGUST 4, 1937, DEFINES AND DETERMINES TRAVEL WITH AND WITHOUT TROOPS, UNDER SUBPARAGRAPHS A AND B, AS FOLLOWS:

* * * -A. WITH TROOPS.--- TRAVELING WITH TROOPS WILL BE REGARDED AS COVERING ALL CASES OF TRAVEL INCLUDED---

(1) UNDER ORDERS FOR MOVEMENT, IN WHATEVER MANNER, OF THE OFFICERS' APPROPRIATE COMMANDS.

(2) UNDER ORDERS FOR MOVEMENT OF DETACHMENTS, ESCORTS, OR STORES, WHERE THE MOVEMENT IS MADE BY MARCHES OR BY TRANSPORTATION BELONGING TO OR ESPECIALLY HIRED FOR THE PURPOSE BY THE UNITED STATES.

(3) UNDER ORDERS DIRECTING OFFICERS TO ACCOMPANY TROOPS.

B. WITHOUT TROOPS.--- TRAVELING WITHOUT TROOPS WILL BE REGARDED AS COVERING CASES OF---

(1) OFFICERS INCLUDED IN THE MOVEMENT, BY RAILROAD, STAGE, OR LIKE ESTABLISHED LINES OF CONVEYANCES, EXCEPT BY AIR, OF DETACHMENTS OF LESS THAN 10 ARMED OR UNARMED MEN (EXCLUSIVE OF OFFICERS), SUCH AS GUARDS AND NURSES FOR DISABLED OR INSANE OFFICERS OR SOLDIERS, AND ESCORTS FOR INSPECTORS, QUARTERMASTERS, AND OTHERS, AND GUARDS FOR PUBLIC FUNDS OR PROPERTY IN THEIR CHARGE (EXAMPLES SHOWN ARE ILLUSTRATIVE, NOT INCLUSIVE); AND OF OFFICERS WITH RECRUITING PARTIES OF LESS THAN 10 MEN (EXCLUDING OFFICERS), WHEN IT IS NECESSARY TO BE ABSENT FROM THEIR REGULAR STATION FOR MORE THAN 24 HOURS, WHETHER THE TRAVEL BE PERFORMED BY SUCH ESTABLISHED LINES OF CONVEYANCES OR BY TRANSPORTATION BELONGING TO OR ESPECIALLY HIRED FOR THE PURPOSE BY THE UNITED STATES. IT WILL ALSO INCLUDE CASES OF OFFICERS TRAVELING IN CHARGE OF A DETACHMENT OF RECRUITS, WHATEVER THE SIZE OF SUCH DETACHMENT.

(2) TRAVEL BY AIR UNDER CIRCUMSTANCES WHICH RENDER IT IMPRACTICABLE TO CARRY FACILITIES FOR MESSING AND SHELTERING.

(3) TRAVEL UNDER CIRCUMSTANCES ESPECIALLY DETERMINED BY THE SECRETARY OF WAR IN EACH CASE.

CAPTAIN COWLES' ORDERS DIRECTED HIM TO PROCEED FROM OHIO STATE UNIVERSITY, COLUMBUS, OHIO, VIA GOVERNMENT MOTOR CONVOY TO FORT KNOX, KY., AND UPON ARRIVAL TO DELIVER THE CONVOY TO THE COMMANDING GENERAL FOR USE IN CONNECTION WITH THE 1939 RESERVE OFFICERS' TRAINING CORPS TRAINING CAMP. CLEARLY THIS WAS A MOVEMENT OVERLAND OF A DETACHMENT BY TRANSPORTATION BELONGING TO THE UNITED STATES, AND IS WITHIN THE CONDITIONS SET OUT IN THE CITED PROVISIONS OF AR 35-4820, PARAGRAPH 3A (2) DEFINING TRAVEL WITH TROOPS.

YOU ARE ADVISED, THEREFORE, THAT UPON THE FACTS APPEARING, THIS OFFICER WAS TRAVELING WITH TROOPS, WITHIN THE MEANING OF THE REGULATIONS AND IS NOT ENTITLED TO MILEAGE. ACCORDINGLY, PAYMENT IS NOT AUTHORIZED ON THE VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE.