B-5940, SEPTEMBER 29, 1939, 19 COMP. GEN. 405

B-5940: Sep 29, 1939

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MILEAGE - ACTIVE DUTY - OFFICERS' RESERVE CORPS - APPOINTMENT TO CIVILIAN POSITION AT LAST DUTY STATION WHERE ARMY RESERVE OFFICER WAS ORDERED TO PROCEED TO HIS HOME VIA THE PLACE WHERE HE WAS TO RECEIVE PHYSICAL EXAMINATION INCIDENT TO HIS RELIEF FROM ACTIVE DUTY AFTER TERMINATION OF LEAVE OF ABSENCE GRANTED. TRAVEL WAS PERFORMED AS DIRECTED. MILEAGE IS PROPERLY PAYABLE FOR THE TRAVEL PERFORMED NOTWITHSTANDING HE WAS APPOINTED TO A CIVILIAN GOVERNMENT POSITION AT THE PLACE WHERE HE WAS RELIEVED FROM ACTIVE DUTY EFFECTIVE THE DAY FOLLOWING SAID RELIEF. CASE WHERE A RESERVE OFFICER IS CONTINUOUSLY ON ACTIVE DUTY UNDER TWO OR MORE ORDERS. IS GRANTED LEAVE OF ABSENCE PRIOR TO EXPIRATION OF ONE ORDERED PERIOD OF ACTIVE DUTY.

B-5940, SEPTEMBER 29, 1939, 19 COMP. GEN. 405

MILEAGE - ACTIVE DUTY - OFFICERS' RESERVE CORPS - APPOINTMENT TO CIVILIAN POSITION AT LAST DUTY STATION WHERE ARMY RESERVE OFFICER WAS ORDERED TO PROCEED TO HIS HOME VIA THE PLACE WHERE HE WAS TO RECEIVE PHYSICAL EXAMINATION INCIDENT TO HIS RELIEF FROM ACTIVE DUTY AFTER TERMINATION OF LEAVE OF ABSENCE GRANTED, AND TRAVEL WAS PERFORMED AS DIRECTED, MILEAGE IS PROPERLY PAYABLE FOR THE TRAVEL PERFORMED NOTWITHSTANDING HE WAS APPOINTED TO A CIVILIAN GOVERNMENT POSITION AT THE PLACE WHERE HE WAS RELIEVED FROM ACTIVE DUTY EFFECTIVE THE DAY FOLLOWING SAID RELIEF. CASE WHERE A RESERVE OFFICER IS CONTINUOUSLY ON ACTIVE DUTY UNDER TWO OR MORE ORDERS, IS GRANTED LEAVE OF ABSENCE PRIOR TO EXPIRATION OF ONE ORDERED PERIOD OF ACTIVE DUTY, TRAVELS TO HIS HOME AND RETURNS TO HIS DUTY STATION UNDER THE SECOND OR LATER ORDER, DISTINGUISHED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. HERBERT BALDWIN, UNITED STATES ARMY, SEPTEMBER 29, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 18, 1939, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. DAVID J. SMALL, QM-RES., UNITED STATES ARMY, IN THE AMOUNT OF $88.08, COVERING HIS CLAIM FOR MILEAGE ON ACCOUNT OF TRAVEL COMMENCED JULY 10, 1939, AND COMPLETED JULY 12, 1939, FROM PHOENIX, ARIZ., TO SAN ANTONIO, TEX., BY WAY OF FORT HUACHUCA, ARIZ., UNDER PARAGRAPH 8, SPECIAL ORDERS NO. 110, HEADQUARTERS ARIZONA DISTRICT, DATED JULY 6, 1939, AS FOLLOWS:

8. CAPTAIN DAVID J. SMALL, QM-RES., HEADQUARTERS ARIZONA DISTRICT C.C.C., PHOENIX, ARIZONA, WILL PROCEED ON OR ABOUT JULY 9, 1939, FROM PHOENIX, ARIZONA, TO FORT HUACHUCA, ARIZONA, REPORTING TO THE COMMANDING OFFICER, FORT HUACHUCA, ARIZONA, NOT LATER THAN 10:00 A.M. JULY 10, 1939, FOR THE PURPOSE OF RECEIVING FINAL PHYSICAL EXAMINATION INCIDENT TO HIS RELIEF FROM ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS. UPON COMPLETION OF THIS DUTY CAPTAIN SMALL WILL PROCEED FROM FORT HUACHUCA, ARIZONA, TO HIS HOME, SAN ANTONIO, TEXAS, SO AS TO ARRIVE THEREAT NOT LATER THAN JULY 25, 1939, ON WHICH DATE HE REVERTS TO AN INACTIVE STATUS.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND PAYMENTS WHEN MADE ARE CHARGEABLE TO PROCUREMENT AUTHORITY CC 3-811 P 1-0607 P 2- 0620 A 10100-0.

PARAGRAPH 9 OF THE SAME ORDERS AUTHORIZED LEAVE OF ABSENCE AS FOLLOWS:

9. CAPTAIN DAVID J. SMALL, QM-RES., HEADQUARTERS ARIZONA DISTRICT C.C.C., PHOENIX, ARIZONA, IS GRANTED A LEAVE OF ABSENCE FOR TWELVE (12) DAYS, EFFECTIVE ON OR ABOUT JULY 11, 1939.

IT FURTHER APPEARS THAT CAPTAIN SMALL WAS APPOINTED AS MOTOR TRANSPORT OFFICER (CIVILIAN), ARIZONA DISTRICT C.C.C., PHOENIX, ARIZ., BY LETTER ORDER NO. 18, HEADQUARTERS EIGHTH CORPS AREA DATED JULY 25, 1939, EFFECTIVE JULY 26, 1939. YOU STATE YOU ARE IN DOUBT WHETHER PAYMENT OF THE MILEAGE CLAIMED IS AUTHORIZED AS THE OFFICER CONTINUED ON DUTY AT THE SAME STATION THE DAY FOLLOWING HIS RELIEF FROM ACTIVE DUTY.

SECTION 37A OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 776, PROVIDES THAT:

* * * WHEN ON ACTIVE DUTY HE (A RESERVE OFFICER) SHALL RECEIVE * * *MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME, * * *.

A RESERVE OFFICER RELIEVED FROM ACTIVE DUTY IS, BY THE STATUTE QUOTED ABOVE, ENTITLED TO MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME. ENTITLE TO MILEAGE THERE MUST BE AN ORDER DIRECTING THE TRAVEL, ISSUED IN CONNECTION WITH AND BEFORE RELIEF FROM ACTIVE DUTY, AND THE TRAVEL DIRECTED MUST BE PERFORMED IN COMPLIANCE WITH THE ORDER. A-67511, NOVEMBER 22, 1935, 15 COMP. GEN. 438. CAPTAIN SMALL WAS RELIEVED FROM ACTIVE DUTY AT HIS LAST STATION, PHOENIX, ARIZ., AND WAS DIRECTED TO PROCEED TO HIS HOME VIA FORT HUACHUCA, ARIZ., AND TRAVEL WAS PERFORMED AS DIRECTED. THE FACT HE WAS APPOINTED TO A CIVIL POSITION AT THE PLACE WHERE HE WAS LAST ON ACTIVE DUTY, DOES NOT AFFECT THE STATUTORY ALLOWANCE OF MILEAGE TO HIS HOME UPON RELIEF FROM ACTIVE DUTY IN THE OFFICERS' RESERVE CORPS. THIS CASE IS TO BE DISTINGUISHED FROM THOSE WHERE A RESERVE OFFICER IS CONTINUOUSLY ON ACTIVE DUTY UNDER TWO OR MORE ORDERS, IS GRANTED LEAVE OF ABSENCE PRIOR TO EXPIRATION OF ONE ORDERED PERIOD OF ACTIVE DUTY, TRAVELS TO HIS HOME AND RETURNS TO HIS DUTY STATION UNDER THE SECOND OR LATER ORDER. IN SUCH A CASE THERE IS CONTINUOUS ACTIVE DUTY, THE TECHNICAL RELIEF FROM AND REASSIGNMENT TO ACTIVE DUTY NOT IN FACT RELIEVING THE OFFICER FROM ACTIVE DUTY. IN THIS CASE THE ACTIVE MILITARY STATUS HAS TERMINATED AND ORDINARILY A CIVILIAN EMPLOYEE MUST BEAR THE EXPENSE OF TRAVELING TO THE PLACE OF EMPLOYMENT AND FROM THAT PLACE TO HIS HOME UPON TERMINATION OF THE EMPLOYMENT. YOU ARE ADVISED THAT, IF OTHERWISE CORRECT, PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH.