JANUARY 2, 1924, 3 COMP. GEN. 401

JANUARY 2, 1924, 3 COMP. GEN. 401

TRAVELING EXPENSES - AIR TRAVEL - TEMPORARY DUTY STOPS THE TRAVEL STATUS OF AN OFFICER OF THE ARMY TRAVELING BY AIR, WITH THE RIGHT TO REIMBURSEMENT FOR THE ACTUAL EXPENSES OF TRAVEL, ENDS ON ARRIVAL AT A TEMPORARY DUTY STATION IF THE DELAY THERE FOR THE PERFORMANCE OF DUTY EXCEEDS 72 HOURS, AND THE TRAVEL STATUS DOES NOT AGAIN REVIVE UNTIL THE ACTUAL COMMENCEMENT OF TRAVEL THEREAFTER NOTWITHSTANDING THAT THE RESUMPTION OF TRAVEL IS DELAYED BY WEATHER CONDITIONS.

COMPTROLLER GENERAL MCCARL TO CAPT. D. W. MOREY, UNITED STATES ARMY, JANUARY 2, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 1, 1923, SUBMITTING VOUCHER IN FAVOR OF FIRST LIEUT. ALBERT F. HEGENBERGER, AIR SERVICE, UNITED STATES ARMY, FOR REIMBURSEMENT OF TRAVELING EXPENSES INCURRED WHILE TRAVELING BY AIRPLANE FROM DAYTON, OHIO, TO WASHINGTON, D.C., AND RETURN JUNE 1 TO 10, 1923, UNDER PARAGRAPH 2 OF SPECIAL ORDERS, NO. 70, DATED HEADQUARTERS, MCCOOK FIELD, DAYTON, OHIO, MAY 28, 1923.

THE ORDERS DIRECTED HIM TO PROCEED TO WASHINGTON FOR THE PERFORMANCE OF TEMPORARY DUTY AND UPON COMPLETION TO RETURN TO HIS PROPER STATION. COMMENCED TRAVEL JUNE 1, 1923, AND ARRIVED AT WASHINGTON ON THE SAME DAY, COMPLETED THE DUTIES ASSIGNED JUNE 7, AND COMMENCED TRAVEL ON THE RETURN JOURNEY JUNE 10, HAVING BEEN DELAYED IN WASHINGTON JUNE 8 AND 9 BECAUSE OF INCLEMENT WEATHER, DESCRIBED AS HIGH WEST WINDS.

CLAIM IS MADE FOR REIMBURSEMENT OF EXPENSES INCURRED ON EACH OF THE DAYS OF JUNE 1 TO 10, INCLUDING THE PERIOD IN THE PERFORMANCE OF TEMPORARY DUTY AND WHILE DELAYED ON ACCOUNT OF INCLEMENT WEATHER. YOU STATE THAT DOUBT AS TO THE COMPETENCY OF THE VOUCHER IS OCCASIONED BY THE RESTRICTIONS CONTAINED IN DECISION OF OCTOBER 17, 1923, CASE OF BEATON, 26 MS. COMP. GEN., 746, AND REQUEST ADVICE WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER IN ACCORDANCE WITH THE TERMS OF DECISION OF THE COMPTROLLER OF THE TREASURY OF FEBRUARY 21, 1920, CASE OF HASKINS, 92 MS. COMP. DEC., 755. IN THAT CASE HASKINS WAS DIRECTED TO TRAVEL BY AIR FROM DAYTON TO CLEVELAND AND AKRON, OHIO, AND RETURN, AND WAS DELAYED THREE DAYS AT AKRON AFTER COMPLETION OF DUTY BECAUSE OF WEATHER CONDITIONS. PAYMENT OF THE VOUCHERS WAS AUTHORIZED WITHOUT DISCUSSION AND APPARENTLY WITHOUT CONSIDERATION AS TO WHETHER THE CONTINUITY OF THE JOURNEY HAD BEEN BROKEN AT AKRON. IN SO FAR AS THAT DECISION IS INCONSISTENT WITH DECISIONS OF THIS OFFICE, AND PARTICULARLY 1 COMP. GEN., 726, AS ELABORATED BY 2 COMP. GEN., 287, AND CASE OF BEATON, IT IS OVERRULED AND DOES NOT AFFORD PROTECTION TO A DISBURSING OFFICER.

THE BEATON DECISION IS SPECIFIC THAT REIMBURSEMENT OF TRAVELING EXPENSES IS AUTHORIZED ONLY WHEN A TRAVEL STATUS EXISTS; THAT A TRAVEL STATUS ENDS ON ARRIVAL AT A TEMPORARY DUTY STATION IF THE DELAY THERE FOR THE PERFORMANCE OF DUTY EXCEEDS 72 HOURS, AND THAT A TRAVEL STATUS IS NOT CONFERRED BY READINESS TO TRAVEL BUT BY THE ACTUAL COMMENCEMENT OF TRAVEL.

IN THE PRESENT CASE REIMBURSEMENT IS NOT AUTHORIZED FOR EXPENSES AT WASHINGTON, JUNE 1 TO 7, DURING THE PERIOD OF PERFORMANCE OF TEMPORARY DUTY UNDER 1 COMP. GEN., 726; AND 2 ID., 287; AND AS DETERMINED BY THE BEATON CASE, REIMBURSEMENT IS PRECLUDED FOR THE PERIOD JUNE 8 TO 10, WHILE DELAYED IN COMMENCING THE RETURN JOURNEY.

THIS HOLDING AND THESE DECISIONS ARE NOT INCONSISTENT WITH THE CASE OF WILKINS, MARCH 22, 1923, 19 MS. COMP. GEN., 1152. ASIDE FROM THE ORDINARY DELAYS DIRECTED BY HIS ORDERS, NONE EXCEEDING 72 HOURS, WILKINS HAD TEMPORARY DUTY AT CONFLUENCE, PA., REQUIRING TWO DAYS, JUNE 1 AND 2, AND WAS DELAYED IN CONTINUING THE JOURNEY JUNE 3, 4, AND 5 BECAUSE OF WEATHER CONDITIONS. HERE THE TRAVEL STATUS DID NOT TERMINATE, THE DELAY FOR THE PERFORMANCE OF DUTY WAS TWO DAYS, AND HAD WEATHER CONDITIONS PERMITTED THE JOURNEY WOULD HAVE BEEN RESUMED JUNE 3. IN THE BEATON CASE IT WAS SAID:

INABILITY TO PERFORM A DUTY ASSIGNED AT A TEMPORARY STATION BECAUSE OF WEATHER CONDITIONS IS NOT A DELAY IN A CONTINUOUS VOYAGE BUT A DELAY IN THE PERFORMANCE OF THE DUTIES ASSIGNED WHICH MAY BREAK WHAT WOULD OTHERWISE BE A CONTINUOUS VOYAGE.

ON THE VOUCHER, HEREWITH RETURNED, REIMBURSEMENT FOR BREAKFAST AT MOUNDSVILLE, JUNE 1, AND LUNCH THERE, JUNE 10, THE TIPS ACTUALLY PAID IN CONNECTION WITH THOSE MEALS, AND CAR FARE FROM THE LANDING FIELD IN WASHINGTON, JUNE 1, IF EXPENDED, ONLY ARE AUTHORIZED.