B-8018, FEBRUARY 16, 1940, 19 COMP. GEN. 731

B-8018, FEBRUARY 16, 1940, 19 COMP. GEN. 731

MILEAGE - ACTIVE DUTY - OFFICERS' RESERVE CORPS - "HOMES" CONTEMPLATED BY STATUTE UNDER SECTION 37A OF THE NATIONAL DEFENSE ACT, 41 STAT. 776, AN ARMY RESERVE OFFICER ORDERED TO ACTIVE DUTY IS ENTITLED TO "MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME," BUT THE "HOME" CONTEMPLATED BY THE STATUTE IS THE PERMANENT RESIDENCE OR DOMICILE OF THE OFFICER WHEN ORDERED TO ACTIVE DUTY, AND HE MAY NOT OBLIGATE THE GOVERNMENT FOR ANY GREATER ALLOWANCE OF MILEAGE UPON RELIEF FROM ACTIVE DUTY THAN FROM HIS LAST DUTY STATION TO HIS HOME OF RECORD IN THE ADJUTANT GENERAL'S OFFICE AT THE TIME OF ENTERING UPON THE ACTIVE DUTY. DECISIONS NOT CONSISTENT HEREWITH WILL NOT BE FOLLOWED HEREAFTER.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. R. B. CONNER, UNITED STATES ARMY, FEBRUARY 16, 1940:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 19, 1939, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY CAPT. SAMUEL WEISSROSS, MEDICAL CORPS RESERVE, MILEAGE FOR TRAVEL PERFORMED OCTOBER 10, 1939, FROM CAMP F- 192, ELK CITY, IDAHO, TO FORT GEORGE WRIGHT, 254 MILES, AND FOR TRAVEL PERFORMED OCTOBER 11 TO 17, 1939, FROM FORT GEORGE WRIGHT TO SAUSALITO, CALIF., 1,090 MILES.

IT APPEARS CAPTAIN WEISSROSS WAS ORDERED TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS AT FORT GEORGE WRIGHT, WASHINGTON DISTRICT C.C.C., FOR A PERIOD OF 6 MONTHS EFFECTIVE JUNE 1, 1939, BY PARAGRAPH 2, SPECIAL ORDERS NO. 62, HEADQUARTERS NINTH CORPS AREA, DATED MAY 29, 1939. NO. 801 NORTH EIGHTEENTH STREET, BOISE, IDAHO, WAS INDICATED AS HIS HOME, FROM WHICH PLACE HE WAS DIRECTED TO PROCEED TO HIS DUTY STATION.

ORDERS DIRECTING HIS RELIEF FROM ACTIVE DUTY WERE ISSUED BY THE COMMANDING GENERAL, HEADQUARTERS NINTH CORPS AREA, AS FOLLOWS:

PARAGRAPH 3, SPECIAL ORDERS NO. 128, DATED SEPTEMBER 25, 1939:

3. BY DIRECTION OF THE PRESIDENT AND FOR THE PURPOSE OF ACCEPTING EMPLOYMENT ON DECEMBER 1, 1939, IN A CIVILIAN STATUS WITH THE CIVILIAN CONSERVATION CORPS IN A POSITION NOW OCCUPIED BY A RESERVE OFFICER, EACH OF THE FOLLOWING-NAMED RESERVE OFFICERS, NOW ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS IN COMPLIANCE WITH PUBLISHED ORDERS OF THIS HEADQUARTERS, WILL, UPON HIS OWN REQUEST, STAND RELIEVED FROM FURTHER ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS AND ASSIGNMENT AT THE STATION INDICATED ON NOVEMBER 30, 1939, AND REVERT TO INACTIVE STATUS:

NAME AND PERMANENT HOME ADDRESS: CAPT. SAMUEL WEISSROSS, O-310437, MED- RES., BOISE, IDAHO.

PRIOR TO RELIEF FROM ACTIVE DUTY, DEPARTURE ON TERMINAL LEAVE OR FOR HIS HOME AND AT SUCH TIME AS THE DISTRICT COMMANDER, FORT GEORGE WRIGHTC.C.C. DISTRICT, FORT GEORGE WRIGHT, WASHINGTON, MAY DIRECT, EACH OFFICER WILL PROCEED TO FORT GEORGE WRIGHT, WASHINGTON, REPORTING IN PERSON UPON ARRIVAL THEREAT TO THE COMMANDING OFFICER FOR FINAL EXAMINATION BY A REGULAR ARMY MEDICAL BOARD. UPON COMPLETION OF THE PHYSICAL EXAMINATION, EACH OFFICER SO EXAMINED WILL PROCEED TO HIS HOME, OR RETURN TO HIS PRESENT STATION WHERE HE WILL STAND RELIEVED FROM FURTHER ACTIVE DUTY AS A RESERVE OFFICER WITH THE C.C.C. ON NOVEMBER 30, 1939. TRANSPORTATION OF BAGGAGE IS LIMITED TO THAT REQUIRED FOR EXTENDED FIELDSERVICE AND THE TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. TRAVEL FROM THEIR PRESENT STATION TO THE REGULAR ARMY STATION AS INDICATED AND RETURN TO PRESENT STATION OR TRAVEL TO THEIR HOME FROM PRESENT STATION VIA REGULAR ARMY STATION AS INDICATED, IF ACTUALLY PERFORMED PRIOR TO EFFECTIVE DATE OF RELIEF, IS AUTHORIZED AND CHARGEABLE TO CC 3-910 P 1-0607 2-0620 A 10600-0. CC 11- 923 P 2 0700 A 10600-0. (554.9 CCC ( OR) 55/1.)

PARAGRAPHS 9 AND 10, SPECIAL ORDERS NO. 132, DATED OCTOBER 3, 1939:

9. BY DIRECTION OF THE PRESIDENT, SO MUCH OF PARAGRAPH 3, SPECIAL ORDERS NO. 128, THIS HEADQUARTERS, CURRENT SERIES, AS PERTAINS TO CAPTAIN SAMUEL WEISSROSS, O-310437, MED - RES., IS REVOKED. (354.9 CCC ( OR) -55/1.)

10. BY DIRECTION OF THE PRESIDENT AND UPON HIS OWN REQUEST, CAPTAIN SAMUEL WEISSROSS, O-310437, MED-RES., IS RELIEVED FROM FURTHER ASSIGNMENT AND DUTY AT HEADQUARTERS, FORT GEORGE WRIGHT C.C.C. DISTRICT, FORT GEORGE WRIGHT, WASHINGTON, AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER. PRIOR TO DEPARTURE FOR HOME OR ON TERMINAL LEAVE HE WILL REPORT IN PERSON TO THE COMMANDING OFFICER, FORT GEORGE WRIGHT, WASHINGTON, FOR FINAL PHYSICAL EXAMINATION BY REGULAR ARMY MEDICAL BOARD. UPON COMPLETION OF THE EXAMINATION, HE WILL PROCEED TO HIS HOME, BOISE, IDAHO, WHERE HE WILL STAND RELIEVED FROM FURTHER ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS AND REVERT TO INACTIVE STATUS ON OCTOBER 23, 1939. TRANSPORTATION OF BAGGAGE IS LIMITED TO THAT REQUIRED FOR EXTENDED FIELD SERVICE AND THE TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. CC 3-910 P 2-0620, 1-0607 A 10600-0. CC 11-923 P 2-0700 A 10600-0.

PARAGRAPH 17, SPECIAL ORDERS NO. 136, DATED OCTOBER 12, 1939:

BY DIRECTION OF THE PRESIDENT, SO MUCH OF PARAGRAPH 3, SPECIAL ORDERS NO. 128, THIS HEADQUARTERS, CURRENT SERIES, AS PERTAINS TO CAPTAIN SAMUEL WEISSROSS, O-310437, MED-RES., IS AMENDED TO SHOW HIS PERMANENT HOME ADDRESS AS SAUSALITO, CALIFORNIA (354.9 CCC ( OR/ 55/1).

PARAGRAPH 8, SPECIAL ORDERS NO. 153, DATED NOVEMBER 18, 1939:

BY DIRECTION OF THE PRESIDENT, PARAGRAPH 10, SPECIAL ORDERS NO. 132, THIS HEADQUARTERS, 1939, IS AMENDED TO SHOW THE PERMANENT HOME ADDRESS OF CAPTAIN SAMUEL WEISSROSS, O-310437, MED-RES., AS SAUSALITO, CALIFORNIA.

PARAGRAPH 7, SPECIAL ORDERS NO. 162, DATED DECEMBER 6, 1939:

BY DIRECTION OF THE PRESIDENT, PARAGRAPH 8, SPECIAL ORDERS NO. 153, THIS HEADQUARTERS, 1939, PERTAINING TO CAPTAIN SAMUEL WEISSROSS, O 310437, MED- RES., IS REVOKED. SO MUCH OF PARAGRAPH 17, SPECIAL ORDERS NO. 136, THIS HEADQUARTERS, 1939, PERTAINING TO THIS OFFICER, AS READS "SO MUCH OF PARAGRAPH 3, SPECIAL ORDERS NO. 128," IS AMENDED TO READ "SO MUCH OF PARAGRAPH 10, SPECIAL ORDERS NO. 132" (201 - WEISSROSS, SAMUEL, CAPT., MED -RES.--- CCC).

PARAGRAPH 9, SPECIAL ORDERS NO. 232, DISTRICT HEADQUARTERS, CIVILIAN CONSERVATION CORPS, FORT GEORGE WRIGHT, WASHINGTON, DATED OCTOBER 9, 1939, GRANTED TERMINAL LEAVE AND DIRECTED COMPLIANCE WITH PARAGRAPH 10, SPECIAL ORDERS NO. 132, AS FOLLOWS:

UNDER AUTHORITY CONTAINED IN LETTER, H.N.C.A., FILE 210.711, SUBJECT: " LEAVES OF ABSENCE," DATED 1 AUGUST 1935, A TERMINAL LEAVE OF ABSENCE FOR ELEVEN (11) DAYS IS GRANTED CAPTAIN SAMUEL WEISSROSS, MED-RES., 3275TH COMPANY, CCC, EFFECTIVE 12 OCTOBER 1939.

CAPT. WEISSROSS WILL COMPLY WITH PARAGRAPH 10, SPECIAL ORDERS NO. 132, HEADQUARTERS NINTH CORPS AREA, DATED 3 OCTOBER 1939, PERTAINING TO HIS RELIEF FROM ACTIVE DUTY.

PARAGRAPH 9, SPECIAL ORDERS NO. 234, FORT WRIGHT, DATED OCTOBER 11, 1939, DIRECTED TRAVEL IN THAT DISTRICT AS FOLLOWS:

EFFECTIVE THIS DATE CAPTAIN SAMUEL WEISSROSS, MED-RES., IS RELIEVED FROM FURTHER DUTY AND ASSIGNMENT WITH THE 3275TH COMPANY, CCC, CAMP F 192, RED RIVER, NEAR ELK CITY, IDAHO, AND IS ASSIGNED TO THIS HEADQUARTERS. WILL PROCEED TO FORT GEORGE WRIGHT, WASHINGTON, REPORTING UPON ARRIVAL TO THE DISTRICT COMMANDER THEREAT FOR DUTY.

THE TRAVEL DIRECTED IS NECESSARY FOR THE PUBLIC SERVICE AND THE COST THEREOF IS CHARGEABLE TO CC 3-917 P 2-0620 A 10600-0.

THE VOUCHER SHOWS THAT TRAVEL WAS PERFORMED FROM CAMP F-192 TO FORT WRIGHT ON OCTOBER 10, 1939. THIS WAS 1 DAY PRIOR TO THE DATE HE WAS RELIEVED FROM DUTY AT THAT CAMP AND DIRECTED BY THE DISTRICT COMMANDER, FORT WRIGHT, TO PROCEED TO FORT WRIGHT. AS THE TRAVEL WAS NOT PERFORMED UNDER COMPETENT ORDERS, THE PAYMENT OF MILEAGE FOR SUCH TRAVEL IS NOT AUTHORIZED.

PARAGRAPH 10, SPECIAL ORDERS NO. 132, RELIEVED CAPTAIN WEISSROSS FROM FURTHER ASSIGNMENT AND DUTY AT HEADQUARTERS, FORT GEORGE WRIGHT CCC DISTRICT, FORT GEORGE WRIGHT, WASHINGTON, EFFECTIVE OCTOBER 23, 1939, AND DIRECTED HIM TO PROCEED TO HIS HOME, BOISE, IDAHO. THE OFFICER AVAILED HIMSELF OF TERMINAL LEAVE GRANTED FOR 11 DAYS EFFECTIVE OCTOBER 12, 1939, DEPARTED FORT WRIGHT OCTOBER 11, 1939, AND ARRIVED AT SAUSALITO, CALIFORNIA, OCTOBER 17, 1939, PERFORMING THE TRAVEL BY PRIVATELY OWNED CONVEYANCE. HE CLAIMS MILEAGE TO SAUSALITO INSTEAD OF BOISE, BY REASON OF HAVING EXECUTED ON SEPTEMBER 29, 1939, W.D., A.G.O. FORM NO. 172, PERSONAL REPORT OF RESERVE OFFICERS, IN WHICH IT IS STATED HE REPORTED A PERMANENT CHANGE OF ADDRESS FROM BOISE, IDAHO, TO SAUSALITO, CALIFORNIA. IT IS FURTHER STATED THIS REPORT WAS RECEIVED AT HEADQUARTERS NINTH CORPS AREA OCTOBER 9, 1939. IT WOULD APPEAR THE PURPOSE OF THE CITED ORDERS, ISSUED AFTER THIS DATE, WAS TO SHOW SAUSALITO AS THIS OFFICER'S HOME UPON RELIEF FROM ACTIVE DUTY, AND TO SUPPORT THE CLAIM NOW MADE FOR MILEAGE TO SAUSALITO.

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

TO THE EXTENT PROVIDED FOR FROM TIME TO TIME BY APPROPRIATIONS FOR THIS SPECIFIC PURPOSE, THE PRESIDENT MAY ORDER RESERVE OFFICERS TO ACTIVE DUTY AT ANY TIME AND FOR ANY PERIOD; BUT EXCEPT IN TIME OF A NATIONAL EMERGENCY EXPRESSLY DECLARED BY CONGRESS, NO RESERVE OFFICER SHALL BE EMPLOYED ON ACTIVE DUTY FOR MORE THAN FIFTEEN DAYS IN ANY CALENDAR YEAR WITHOUT HIS OWN CONSENT. * * * WHEN ON ACTIVE DUTY HE SHALL RECEIVE * * * MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME,

ARMY REGULATIONS 140-5, DATED JUNE 16, 1936, ARE AS FOLLOWS:

92. PAY AND ALLOWANCES.--- A RESERVE OFFICER WHEN ORDERED TO ACTIVE DUTY WILL RECEIVE THE MILEAGE PRESCRIBED BY LAW FROM HIS HOME OR FROM PLACE OF RECEIPT OF ORDERS, WHICHEVER MAY INVOLVE THE LEAST TRAVEL, TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME. * * *

116. RECORDS, BY WHOM MAINTAINED.--- A. BY THE ADJUTANT GENERAL.- - THE ADJUTANT GENERAL WILL MAINTAIN THE FOLLOWING RECORDS:

(1) FULL NAME, GRADE, SECTION, AGE, ADDRESS, ASSIGNMENT JURISDICTION AND RECORD OF SERVICE OF EACH OFFICER.

C. AT CORPS AREA HEADQUARTERS.--- THE FOLLOWING RECORDS WILL BE MAINTAINED AT CORPS AREA HEADQUARTERS:

(1) FULL NAME, GRADE, SECTION, AGE, DATE OF APPOINTMENT, DATE OF ACCEPTANCE, OFFICERS' RESERVE CORPS SERIAL NUMBER, PRIOR COMMISSIONED SERVICE (ACTIVE AND INACTIVE), AND ADDRESS OF EACH OFFICER UNDER THE ADMINISTRATIVE CONTROL OF SUCH HEADQUARTERS.

118. INDIVIDUAL REPORTS RENDERED BY THE RESERVE OFFICER.--- A CHANGE OF ADDRESS.--- PROMPT NOTIFICATION ON W.D., A.G.O. FORM NO. 172 ( PERSONAL REPORT OF RESERVE OFFICER) OF A PERMANENT OR PROLONGED TEMPORARY CHANGE OF ADDRESS WILL BE MADE TO THE ADJUTANT GENERAL THROUGH MILITARY CHANNELS.

IN CASES OF A SHORT TEMPORARY CHANGE OF ADDRESS, THE NECESSARY ARRANGEMENTS SHOULD BE MADE TO HAVE FORWARDED ANY ORDERS OR COMMUNICATIONS RECEIVED AT THE PERMANENT ADDRESS. REPORTS COVERING ABSENCE FROM THE UNITED STATES AND RETURN THERETO WILL BE RENDERED AS PROVIDED IN PARAGRAPH 80.

THE LAW AUTHORIZES PAYMENT OF MILEAGE TO A RESERVE OFFICER "FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME.' THE HOME OF A RESERVE OFFICER AS CONTEMPLATED BY THE STATUTE IS THE PERMANENT RESIDENCE OR DOMICILE OF THE OFFICER WHEN ORDERED TO ACTIVE DUTY. THE RIGHTS OF AN OFFICER ARE FIXED BY HIS ORDERS TO ACTIVE DUTY, AND THE HOME OF RECORD WHEN ORDERED TO ACTIVE DUTY REMAINS THE SAME, INSOFAR AS RIGHTS TO MILEAGE ARE CONCERNED, DURING HIS CONTINUANCE IN SERVICE. CLEARLY, IT WAS NOT THE INTENTION OF THE STATUTE THAT AN OFFICER, AS HE NEARS THE COMPLETION OF A TOUR OF ACTIVE DUTY, MAY INCREASE THE OBLIGATION OF THE GOVERNMENT, BY MERELY EXECUTING A REPORT THAT HE DESIRES TO TRAVEL TO SOME OTHER AND MORE DISTANT PLACE. THE REGULATIONS COVERING THE REPORTING OF CHANGE OF ADDRESS TO THE ADJUTANT GENERAL ARE APPLICABLE TO RESERVE OFFICERS ON INACTIVE DUTY AND THE PROMPT REPORTING OF CHANGE OF ADDRESS IS ESSENTIAL IN ORDER THAT THE WAR DEPARTMENT MAY PROMPTLY REACH THE MEMBERS BY ORDERS AND COMMUNICATIONS. HIS MOVEMENTS UNDER MILITARY ORDERS WHILE ON ACTIVE DUTY ARE A MATTER OF RECORD AND REPORT THEREOF BY THE OFFICER IS NOT REQUIRED. ACCORDINGLY, IT MUST BE CONCLUDED A RESERVE OFFICER MAY NOT, UNDER THE LAW, OBLIGATE THE GOVERNMENT FOR ANY GREATER ALLOWANCE OF MILEAGE UPON RELIEF FROM ACTIVE DUTY THAN FROM HIS LAST DUTY STATION TO HIS HOME OF RECORD IN THE ADJUTANT GENERAL'S OFFICE AT THE TIME OF ENTERING UPON THE ORDERED TOUR OF ACTIVE DUTY. ANY DECISIONS NOT CONSISTENT HEREWITH WILL NOT BE HEREAFTER FOLLOWED. THIS HOLDING APPEARS TO BE IN HARMONY WITH THE OPINION OF THE JUDGE ADVOCATE GENERAL REPORTED AT PAGE 950, DIGEST OF OPINIONS, 1912-30, AS FOLLOWS:

WHERE IT APPEARS FROM ALL THE PAPERS THAT A RESERVE OFFICER'S HOME AT THE TIME HE WAS ORDERED TO ACTIVE DUTY AT FORT HUMPHREYS, VA., WAS AT RICHMOND, VA., HE MAY NOT BE PAID MILEAGE FROM AND TO EVANSTON, ILL. WHERE HE WAS "MORE OR LESS PERMANENTLY LOCATED" AT THE TIME 245.6 JULY 19, 1926.

YOU ARE ADVISED PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH FOR THE TRAVEL ACTUALLY PERFORMED FROM FORT GEORGE WRIGHT TO SAUSALITO, IN AN AMOUNT REPRESENTING CONSTRUCTIVE TRAVEL FROM HIS LAST DUTY STATION, FORT GEORGE WRIGHT, WASHINGTON, TO HIS HOME OF RECORD WHEN ORDERED TO ACTIVE DUTY, BOISE, IDAHO.