B-7395, JANUARY 2, 1940, 19 COMP. GEN. 617

B-7395, JANUARY 2, 1940, 19 COMP. GEN. 617

SUBSISTENCE - PER DIEMS - ARMY OFFICER RETURNING FROM ORGANIZED RESERVE DUTY - TEMPORARY DUTY EN ROUTE TO NEW STATION A REGULAR ARMY OFFICER TRANSFERRED FROM ORGANIZED RESERVE DUTY TO A REGULAR ARMY POST IS ENTITLED TO ACTUAL EXPENSES, OR PER DIEM IN LIEU THEREOF, WHILE PERFORMING THE NECESSARY TRAVEL, AND WHERE THE TRAVEL WAS BY GOVERNMENT VESSEL WITH ASSIGNMENT OF THE OFFICER TO TEMPORARY DUTY AT A PLACE EN ROUTE WHILE AWAITING FURTHER TRANSPORTATION, SUCH ASSIGNMENT DID NOT TERMINATE HIS TRAVEL STATUS AS AN OFFICER RETURNING FROM SUCH DUTY (11 COMP. GEN. 31, DISTINGUISHED) AND WHILE HE WAS ENTITLED ONLY TO ACT EXPENSES DURING TRAVEL ON THE GOVERNMENT VESSEL (ACT OF APRIL 15, 1926 44 STAT. 259) HE MAY BE PAID PER DIEM IN LIEU OF SUBSISTENCE, AS AUTHORIZED BY HIS ORDERS, WHILE AT THE TEMPORARY DUTY PLACE NOTWITHSTANDING THE PERIOD THERE WAS INTERRUPTED BY AN INTERVENING PERIOD WHEN THE OFFICER WAS IN A MILEAGE STATUS WHILE TRAVELING UNDER ADDITIONAL ORDERS FOR TEMPORARY DUTY AT STILL ANOTHER PLACE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. T. H. CHAMBERS, UNITED STATES ARMY, JANUARY 2, 1940:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 15, 1939, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF COL. FRANK D. APPLIN, SIGNAL CORPS, UNITED STATES ARMY, IN THE AMOUNT OF $34.50, FOR PER DIEM OF $6 FROM 1 P.M. SEPTEMBER 18, 1939, TO 10 A.M. SEPTEMBER 19, 1939, AND FROM SEPTEMBER 22, 1939, TO 12 NOON, SEPTEMBER 27, 1939, WHILE ON TEMPORARY DUTY IN THE SECOND CORPS AREA AWAITING CONTINUATION OF HIS TRAVEL, DIRECTED BY TRANSPORT FROM SAN FRANCISCO, CALIF., TO THE PUERTO RICAN DEPARTMENT.

PARAGRAPH 2, SPECIAL ORDERS NO. 142, WAR DEPARTMENT, DATED JUNE 19, 1939, AUTHORIZED TRAVEL, AS FOLLOWS:

2. PAR. 2, S.O., 37, W.D., 1939, AS AMENDED BY PAR. 3, S.O., 87, W.D., 1939, IS REVOKED. COLONEL FRANK D. APPLIN, SIGNAL CORPS, IS RELIEVED FROM DETAIL WITH THE ORGANIZED RESERVES, NINTH CORPS AREA, WITH STATION AT SAN FRANCISCO, CALIFORNIA, EFFECTIVE IN TIME TO COMPLY WITH THIS ORDER, AND IS THEN ASSIGNED TO DUTY IN THE PUERTO RICAN DEPARTMENT. HE WILL SAIL ON THE TRANSPORT SCHEDULED TO LEAVE SAN FRANCISCO, CALIFORNIA, ON OR ABOUT AUGUST 30, 1939, FOR NEW YORK, NEW YORK, AND, UPON ARRIVAL, WILL REPORT TO THE COMMANDING GENERAL, SECOND CORPS AREA, FOR TEMPORARY DUTY UNTIL SUCH TIME AS WILL ENABLE HIM TO SAIL ON THE TRANSPORT SCHEDULED TO LEAVE NEW YORK, NEW YORK, ON OR ABOUT SEPTEMBER 27, 1939, FOR THE PUERTO RICAN DEPARTMENT. HE WILL SAIL ON THAT TRANSPORT AND, UPON ARRIVAL, WILL REPORT TO THE COMMANDING GENERAL FOR DUTY WITH THE SIGNAL CORPS. THE NAME OF COLONEL APPLIN IS REMOVED FROM THE DETACHED OFFICERS' LIST, EFFECTIVE UPON RELIEF FROM HIS PRESENT DUTIES. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. REIMBURSEMENT FOR TRAVEL AND FLAT PER DIEM OF $6.00, IN LIEU OF SUBSISTENCE, ARE AUTHORIZED ( A.R. 35-4820). FD 1243 P 7-0622, 7- 0630, 7-0696, 7-0625, 7-1378, 7-0700, 7-0730, 7-0110, 7-0284 A 1505-0 ( A.G. 210.31) (9 JUNE, 39).

THE ADJUTANT GENERAL, BY LETTER OF SEPTEMBER 7, 1939, TO COLONEL APPLIN, SENT THROUGH THE COMMANDING GENERAL, SECOND CORPS AREA, DIRECTED TRAVEL BY REASON OF TEMPORARY DUTY AT WASHINGTON, D.C., AS FOLLOWS:

1. THE SECRETARY OF WAR DIRECTS AS NECESSARY IN THE MILITARY SERVICE THAT UPON ARRIVAL IN NEW YORK, NEW YORK, ON OR ABOUT SEPTEMBER 15, 1939, YOU PROCEED TO WASHINGTON, D.C., AND REPORT TO THE ADJUTANT GENERAL FOR TEMPORARY DUTY FOR A PERIOD OF ABOUT FIVE DAYS TO CONFER WITH THE CHIEF SIGNAL OFFICER CONCERNING SIGNAL CORPS ACTIVITIES IN THE PUERTO RICAN DEPARTMENT, AND UPON COMPLETION THIS TEMPORARY DUTY RETURN TO NEW YORK, NEW YORK, TO COMPLY WITH PARAGRAPH 2, SPECIAL ORDERS NO. 142, WAR DEPARTMENT, 1939.

2. THE TRAVEL INVOLVED IS CHARGEABLE TO FD 1423 P 177-0620 A 10410 0.

THE VOUCHER SHOWS THE OFFICER DEPARTED SAN FRANCISCO, SEPTEMBER 1, 1939, ARRIVED NEW YORK, N.Y., AT 1 P.M., SEPTEMBER 18, 1939, DEPARTED THENCE AT 10 A.M., SEPTEMBER 19, 1939, ARRIVED WASHINGTON SAME DATE AT 3:30 P.M., DEPARTED THENCE AT 2 P.M., SEPTEMBER 22, 1939, ARRIVED AT NEW YORK, N.Y., THE SAME DATE AT 6 P.M., DEPARTED FOR SAN JUAN AT 12 NOON, SEPTEMBER 27, 1939, AND ARRIVED AT HIS DESTINATION OCTOBER 2, 1939.

COLONEL APPLIN WAS RELIEVED FROM ASSIGNMENT TO DUTY WITH THE ORGANIZED RESERVES, NINTH CORPS AREA, WITH STATION AT SAN FRANCISCO, AND WAS ASSIGNED TO REGULAR ARMY DUTY IN THE PUERTO RICAN DEPARTMENT. TRAVEL WAS DIRECTED BY ARMY TRANSPORT FROM SAN FRANCISCO TO NEW YORK, AT WHICH PLACE HE WAS DIRECTED TO REPORT TO THE COMMANDING GENERAL, SECOND CORPS AREA, FOR TEMPORARY DUTY UNTIL SUCH TIME AS WOULD ENABLE HIM TO SAIL ON ANOTHER TRANSPORT TO HIS NEW STATION. THE EFFECT OF THE ORDERS OF SEPTEMBER 7, 1939, WAS TO SUSPEND THE ORIGINAL ORDERS WHILE THE OFFICER WAS IN A MILEAGE STATUS, TRAVELING TO WASHINGTON AND RETURNING TO NEW YORK. WHILE TRAVELING BY GOVERNMENT-OWNED VESSELS, ACTUAL EXPENSES ONLY WERE AUTHORIZED UNDER THE PROVISIONS OF THE ACT OF APRIL 15, 1926, 44 STAT. 259. A-36993, JULY 9, 1931. BY REASON OF THE OFFICER'S ASSIGNMENT TO TEMPORARY DUTY UPON ARRIVAL AT NEW YORK HIS STATUS OF TRAVELING ON A GOVERNMENT-OWNED VESSEL WAS INTERRUPTED. 11 COMP. GEN. 31. HOWEVER, THE ANNUAL APPROPRIATION ACTS FOR THE WAR DEPARTMENT, UNDER THE HEADING " ORGANIZED RESERVES," CURRENTLY 53 STAT. 614, PROVIDE FUNDS:

* * * FOR THE ACTUAL AND NECESSARY EXPENSES, OR PER DIEM IN LIEU THEREOF, AT RATES AUTHORIZED BY LAW, INCURRED BY OFFICERS AND ENLISTED MEN OF THE REGULAR ARMY * * * TRAVELING ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES, * * *

THE RULE IS THAT AN OFFICER OF THE REGULAR ARMY ASSIGNED FOR DUTY WITH THE ORGANIZED RESERVES, IS ENTITLED TO ACTUAL EXPENSES, OR PER DIEM IN LIEU THEREOF, WHILE TRAVELING FROM PLACE OF ASSIGNMENT TO A REGULAR ARMY POST. THE ASSIGNMENT OF THIS OFFICER TO TEMPORARY DUTY WHILE AWAITING FURTHER TRANSPORTATION AT NEW YORK, DID NOT TERMINATE HIS TRAVEL STATUS, AS A REGULAR ARMY OFFICER RETURNING FROM ORGANIZED RESERVE DUTY TO AN ARMY POST, AND WHILE ASSIGNED TO TEMPORARY DUTY AWAITING TRANSPORTATION BY TRANSPORT FROM NEW YORK TO SAN JUAN, HE IS ENTITLED UNDER THE CITED STATUTE TO THE PER DIEM ALLOWANCE AUTHORIZED BY HIS ORDERS. ACCORDINGLY, YOU ARE ADVISED THAT, IF OTHERWISE CORRECT, PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH.