B-8883, APRIL 20, 1940, 19 COMP. GEN. 885

B-8883, APRIL 20, 1940, 19 COMP. GEN. 885

MILEAGE - MILITARY ACADEMY GRADUATES UNDER THE ACT OF AUGUST 9, 1912, 37 STAT. 252, A GRADUATE OF THE UNITED STATES MILITARY ACADEMY APPOINTED AS AN OFFICER OF THE ARMY IS ENTITLED TO MILEAGE FROM HIS HOME TO HIS FIRST DUTY STATION WHEN HE HAS TRAVELED TO SAID STATION, WITHOUT REFERENCE TO WHETHER THE TRAVEL WAS ACTUALLY PERFORMED FROM HIS HOME AND REGARDLESS OF WHERE HE MAY HAVE BEEN WHEN HE RECEIVED HIS TRAVEL ORDERS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. H. G. COYKENDALL, UNITED STATES ARMY, APRIL 20, 1940:

THERE HAS BEEN CONSIDERED YOUR LETTER OF FEBRUARY 8, 1940, AS FOLLOWS:

1. THE ATTACHED STANDARD FORM NO. 1071, AND SUPPORTING PAPERS, STATED IN FAVOR OF 2D LIEUT. JOHN W. MEDUSKY, 29TH ENGRS., COVERING CLAIM FOR MILEAGE FROM WEST ALLIS, WIS., TO NEW YORK, N.Y., AND FROM SAN FRANCISCO, CALIF., TO OCEANSIDE, CALIF., IS FORWARDED WITH REQUEST THAT DECISION AS TO PAYMENT IN QUESTION BE RENDERED UNDER THE PROVISIONS OF PAR. B, AR 35- 730, AND PARAGRAPH 42, FINANCE CIRCULAR B 1, DATED APRIL 1, 1938.

2. PAYMENT OF THE CLAIM IS CONSIDERED ILLEGAL ON THE PREMISE THAT MILEAGE IS PAYABLE FROM THE PLACE OF RECEIPT OF ORDERS ONLY, AND NOT FROM OFFICER'S HOME AS STATED, IN VIEW OF 18 COMPTROLLER'S DECISIONS 141.

THE PAPERS ATTACHED TO THE VOUCHER SHOW THAT LIEUTENANT MEDUSKY GRADUATED FROM THE UNITED STATES MILITARY ACADEMY, WEST POINT, N.Y. IN THE CLASS OF 1939; THAT HE WAS GRANTED 3 MONTHS' GRADUATION LEAVE COMMENCING AT NOON JUNE 12, 1939; AND THAT, BY PARAGRAPH 61 OF SPECIAL ORDERS NO. 167, DATED WAR DEPARTMENT, WASHINGTON, D.C., JULY 20, 1939, HE WAS DIRECTED TO PROCEED FROM WEST ALLIS, WIS., AND SAIL ON THE TRANSPORT SCHEDULED TO LEAVE NEW YORK, N.Y., ON NOVEMBER 7, 1939, FOR SAN FRANCISCO, CALIF., AND UPON ARRIVAL AT THE LATTER PLACE TO REPORT TO THE COMMANDING OFFICER, 29TH ENGINEERS, OCEANSIDE, CALIF. BY LETTER OF AUGUST 7, 1939, HE WAS ADVISED BY THE ADJUTANT GENERAL THAT HE WAS AUTHORIZED TO PROCEED OVERLAND FROM WEST ALLIS, WIS., TO OCEANSIDE, CALIF., INSTEAD OF BY TRANSPORT AS PROVIDED IN HIS ORDERS ON THE CONDITION THAT NO ADDITIONAL EXPENSES TO THE UNITED STATES WOULD BE INCURRED.

THE VOUCHER SHOWS HE RECEIVED THE ORDERS UNDER WHICH THE TRAVEL WAS PERFORMED AT NIVERVILLE, Y., AND THE VOUCHER IS STATED (ALTHOUGH NOT EXTENDED) TO CLAIM MILEAGE FROM WEST ALLIS, WIS., TO NEW YORK, N.Y. AND FROM SAN FRANCISCO, CALIF., TO OCEANSIDE, CALIF. YOUR SUBMISSION QUESTIONS WHETHER HE IS ENTITLED TO MILEAGE FROM WEST ALLIS, WIS., TO NEW YORK, N.Y., HAVING RECEIVED THE ORDER AND HAVING TRAVELED IN OBEDIENCE TO THE ORDERS FROM NIVERVILLE, N.Y., A PLACE NEARER NEW YORK THAN WEST ALLIS, WIS., AS, UNDER THE MILEAGE LAWS, IN THE ABSENCE OF A STATUTORY PROVISION OTHERWISE, MILEAGE IS PAYABLE ONLY FOR NECESSARY TRAVEL ACTUALLY PERFORMED AFTER RECEIPT OF ORDERS BETWEEN THE POINTS INVOLVED, OR TO THE PLACE DESIGNATED, IN THE ORDERS DIRECTING THE TRAVEL. THE CASE INVOLVED IN THE DECISION TO WHICH YOU REFER, 18 COMP. DEC. 141, ILLUSTRATES THE GENERAL RULE. IN THAT CASE AN OFFICER OF THE NAVY, HAVING PROCEEDED FROM HIS HOME WHERE HE HAD BEEN DIRECTED TO AWAIT ORDERS, RECEIVED HIS ORDERS IN WASHINGTON, D.C., AND MILEAGE WAS ALLOWED ONLY FROM WASHINGTON, D.C., AND NOT FROM HIS HOME. HOWEVER, THERE IS A SPECIAL PROVISION OF LAW APPLICABLE TO CADETS OF THE UNITED STATES MILITARY ACADEMY. THE ACT OF AUGUST 9, 1912, 37 STAT. 252, 10 U.S.C. 744, PROVIDES:

THAT HEREAFTER A GRADUATE OF THE MILITARY ACADEMY SHALL RECEIVE MILEAGE AS AUTHORIZED BY LAW FOR OFFICERS OF THE ARMY FROM HIS HOME TO THE STATION WHICH HE FIRST JOINS FOR DUTY.

IN A DECISION OF MAY 20, 1913, 19 COMP. DEC. 738, THIS PROVISION WAS CONSIDERED. IT IS THERE STATED THAT PRIOR TO THE ENACTMENT OF SAID PROVISION CADETS WERE ALLOWED MILEAGE FROM WEST POINT TO THEIR FIRST STATION, AND IN THAT CASE, ALTHOUGH TRAVEL WAS PERFORMED FROM WEST POINT TO FORT CROOK, NEBR., MILEAGE WAS ALLOWED ONLY FROM THE HOME OF THE FORMER CADET, ARLINGTON, OHIO.

AS IN ALL CASES TRAVEL IS PERFORMED FROM WEST POINT TO THE STATION ASSIGNED THE CADET UPON GRADUATION AND APPOINTMENT AS AN OFFICER OF THE ARMY, THIS PROVISION FIXES A DIFFERENT MEASURE FOR PAYMENT OF MILEAGE, THE HOME OF THE OFFICER BEING SUBSTITUTED IN ALL CASES FOR WEST POINT, REGARDLESS OF WHETHER THE DISTANCE BE GREATER OR LESS THAN WOULD OTHERWISE HAVE BEEN PAYABLE FROM WEST POINT, AND PAYMENT FROM THE HOME TO THE FIRST STATION IS PAYABLE WITHOUT REFERENCE TO WHETHER TRAVEL WAS ACTUALLY PERFORMED FROM THE CADET'S HOME. THE TRAVEL REQUIRED TO THE STATION ASSIGNED MUST IN ALL CASES BE PERFORMED TO ENTITLE TO THE PAYMENT OF MILEAGE BUT WHEN SO PERFORMED THE MEASURE OF PAYMENT IS THE DISTANCE FROM THE OFFICER'S HOME, AS DETERMINED BY THE WAR DEPARTMENT, TO HIS ASSIGNED STATION, REGARDLESS OF WHERE HE MAY BE WHEN HE RECEIVES THE TRAVEL ORDERS.