A-63596, JULY 26, 1935, 15 COMP. GEN. 80

A-63596: Jul 26, 1935

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FOR AVIATION CADETS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE IS IN LIEU OF RATIONS AND DOES NOT ACCRUE WHEN A CADET IS TRAVELING AND ENTITLED TO TRAVEL SUBSISTENCE ALLOWANCE OR TO ACTUAL EXPENSES OF SUBSISTENCE OR PER DIEM IN LIEU OF SUBSISTENCE. THERE HAS BEEN RECEIVED BASIC LETTER OF THE PAYMASTER GENERAL OF THE NAVY REQUESTING DECISION WHETHER AVIATION CADETS IN THE NAVAL RESERVE AND MARINE CORPS RESERVE ARE ENTITLED TO THE MONEY ALLOWANCE OF $1 PER DAY FOR SUBSISTENCE AT ALL TIMES. INCLUDING PERIODS WHILE THEY ARE IN THE PERFORMANCE OF TRAVEL UNDER ORDERS AND ARE FURNISHED AN ALLOWANCE FOR SUBSISTENCE AND DURING PERIODS WHILE THEY ARE PERFORMING TRAVEL BY AIR UNDER COMPETENT ORDERS AND ARE ENTITLED TO TRAVEL EXPENSES OR PER DIEM ALLOWANCES.

A-63596, JULY 26, 1935, 15 COMP. GEN. 80

SUBSISTENCE ALLOWANCE - AVIATION CADETS - NAVAL RESERVE THE SUBSISTENCE ALLOWANCE PROVIDED IN THE ACT OF APRIL 15, 1935, 49 STAT. 157, FOR AVIATION CADETS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE IS IN LIEU OF RATIONS AND DOES NOT ACCRUE WHEN A CADET IS TRAVELING AND ENTITLED TO TRAVEL SUBSISTENCE ALLOWANCE OR TO ACTUAL EXPENSES OF SUBSISTENCE OR PER DIEM IN LIEU OF SUBSISTENCE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 26, 1935:

BY YOUR DIRECTION, FIRST INDORSEMENT DATED JULY 5, 1935, THERE HAS BEEN RECEIVED BASIC LETTER OF THE PAYMASTER GENERAL OF THE NAVY REQUESTING DECISION WHETHER AVIATION CADETS IN THE NAVAL RESERVE AND MARINE CORPS RESERVE ARE ENTITLED TO THE MONEY ALLOWANCE OF $1 PER DAY FOR SUBSISTENCE AT ALL TIMES, INCLUDING PERIODS WHILE THEY ARE IN THE PERFORMANCE OF TRAVEL UNDER ORDERS AND ARE FURNISHED AN ALLOWANCE FOR SUBSISTENCE AND DURING PERIODS WHILE THEY ARE PERFORMING TRAVEL BY AIR UNDER COMPETENT ORDERS AND ARE ENTITLED TO TRAVEL EXPENSES OR PER DIEM ALLOWANCES.

SECTION 2 OF THE ACT APPROVED APRIL 15, 1935, 49 STAT. 157, CREATING THE GRADE OF AVIATION CADETS IN THE NAVAL RESERVE AND MARINE CORPS RESERVE, PROVIDES:

THE PAY OF AVIATION CADETS WHILE ON ACTIVE DUTY UNDERGOING TRAINING SHALL BE AT THE RATE OF $75 PER MONTH, WHICH PAY SHALL INCLUDE EXTRA PAY FOR FLYING RISK, AS PROVIDED BY LAW. THE PAY OF AVIATION CADETS WHILE ON ACTIVE DUTY NOT UNDERGOING TRAINING, SHALL BE AT THE RATE OF $125 PER MONTH, WHICH PAY SHALL INCLUDE EXTRA PAY FOR FLYING RISK, AS PROVIDED BY DURING WHICH AVIATION CADETS ARE UNDERGOING TRAINING SHALL BE CONCLUSIVE FOR ALL PURPOSES. AVIATION CADETS SHALL BE PAID, IN ADDITION, A MONEY ALLOWANCE FOR SUBSISTENCE OF $1 PER DAY. WHILE TRAVELING UNDER ORDERS TO OR FROM ACTIVE DUTY, OR WHILE IN THE PERFORMANCE OF SUCH DUTY, THEY SHALL, UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, RECEIVE TRANSPORTATION, AND OTHER NECESSARY EXPENSES INCIDENT TO SUCH TRAVEL, OR CASH IN LIEU THEREOF: PROVIDED, THAT WHEN TRAVELING BY AIR UNDER COMPETENT ORDERS, THEY SHALL RECEIVE THE SAME ALLOWANCES FOR TRAVELING EXPENSES AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED BY LAW FOR OFFICERS OF THE NAVY.

NAVAL RESERVE CIRCULAR LETTER NO. 9-35, MAY 18, 1935, PROVIDES: SUBJECT: NAVAL RESERVE AVIATION CADETS--- TRAVEL UNDER ORDERS. REFERENCE: (A) PUBLIC NO. 37, 74TH CONGRESS.

(B) NAVAL RESERVE CIRCULAR LETTER NO. 7-35 DATED APRIL

26, 1935.

1. REFERENCE (A) AUTHORIZES THE SECRETARY OF THE NAVY TO PRESCRIBE REGULATIONS CONCERNING THE TRAVEL, UNDER ORDERS, OF NAVAL RESERVE AVIATION CADETS.

2. ACCORDINGLY, NAVAL RESERVE AVIATION CADETS, WHILE TRAVELING UNDER ORDERS EN ROUTE TO PENSACOLA, FLA., FOR ACTIVE DUTY UNDERGOING TRAINING, OR WHEN TRAVELING UNDER ORDERS IN THE PERFORMANCE OF ACTIVE DUTY UNDERGOING TRAINING, OR IN THE PERFORMANCE OF ACTIVE DUTY, OR WHEN TRAVELING UNDER ORDERS EN ROUTE TO THEIR HOMES OR PLACES OF APPOINTMENT UPON RELEASE FROM SUCH DUTY, WILL BE ISSUED TRANSPORTATION REQUESTS FOR RAILROAD AND PULLMAN ACCOMMODATIONS (LOWER STANDARD BERTH), AND CASH FOR SUBSISTENCE AT THE RATE OF 75 CENTS PER MEAL AND TRANSFERS OF PERSON AND BAGGAGE.

3. TRAVEL BY PRIVATELY OWNED CONVEYANCE IS AUTHORIZED SUBJECT TO REIMBURSEMENT AT THE RATE OF THREE CENTS PER MILE BY THE SHORTEST USUALLY TRAVELED ROUTE, IN LIEU OF TRANSPORTATION IN KIND.

4. WHEN TRAVELING BY AIR UNDER COMPETENT ORDERS, NAVAL RESERVE AVIATION CADETS SHALL RECEIVE THE SAME ALLOWANCES FOR TRAVELING EXPENSES AS ARE NOW, OR MAY HEREAFTER BE AUTHORIZED BY LAW FOR OFFICERS OF THE NAVY.

YOUR QUESTION IS WHETHER WHILE PERFORMING TRAVEL IN THE CIRCUMSTANCES DESCRIBED IN PARAGRAPHS 2 AND 3 OF SAID CIRCULAR LETTER AND FURNISHED CASH FOR SUBSISTENCE AT THE RATE OF 75 CENTS PER MEAL OR WHILE TRAVELING BY AIR UNDER COMPETENT ORDERS AS DESCRIBED IN PARAGRAPH 4 OF THE CIRCULAR LETTER AND ENTITLED TO TRAVELING EXPENSES AS AUTHORIZED BY LAW FOR OFFICERS OF THE NAVY SO TRAVELING--- THAT IS, ACTUAL AND NECESSARY EXPENSES NOT TO EXCEED $8 PER DAY OR PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $6--- AVIATION CADETS ARE ALSO ENTITLED TO THE "MONEY ALLOWANCE FOR SUBSISTENCE OF $1 PER DAY.'

SECTION 2 OF THE ACT PROVIDES A RATE OF PAY FOR AVIATION CADETS WHILE UNDERGOING TRAINING DUTY AND ANOTHER RATE OF PAY FOR ACTIVE DUTY WHILE NOT UNDERGOING TRAINING, AND IN ADDITION AN ALLOWANCE FOR SUBSISTENCE. FURTHER PROVISION IN THE ACT AUTHORIZING TRANSPORTATION IN KIND AND ,OTHER NECESSARY EXPENSES" WHILE TRAVELING UNDER ORDERS TO OR FROM ACTIVE DUTY OR WHILE TRAVELING IN THE PERFORMANCE OF ACTIVE DUTY, INDICATES THE LEGISLATIVE INTENT IS TO LIMIT THE MONEY ALLOWANCE OF $1 PER DAY FOR SUBSISTENCE TO A PERIOD OF DUTY WHILE NOT IN A TRAVEL STATUS, THAT IS, THAT THE ALLOWANCE FOR SUBSISTENCE IS IN LIEU OF RATIONS. IN VIEW OF THE PROVISIONS IN THE ACT AUTHORIZING NECESSARY EXPENSES, INCLUDING SUBSISTENCE INCIDENT TO TRAVEL, I AM OF OPINION THAT RIGHT TO THE MONEY ALLOWANCE OF $1 A DAY FOR SUBSISTENCE ACCRUES ONLY WHILE THE CADET IS NOT TRAVELING UNDER ORDERS; THAT WHILE TRAVELING UNDER ORDERS AVIATION CADETS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE ARE ENTITLED TO A CASH ALLOWANCE OF 75 CENTS PER MEAL AS PROVIDED IN THE CIRCULAR LETTER EXCEPT WHILE TRAVELING BY AIR, AND WHILE TRAVELING BY AIR, TO TRAVELING EXPENSES, INCLUDING SUBSISTENCE, AS AUTHORIZED BY LAW FOR OFFICERS OF THE NAVY. ACCORDINGLY, YOU ARE ADVISED THAT AVIATION CADETS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE ARE NOT ENTITLED TO THE MONEY ALLOWANCE OF $1 PER DAY WHILE TRAVELING UNDER ORDERS AND ENTITLED TO THE CASH ALLOWANCE OF 75 CENTS PER MEAL OR WHILE ENTITLED TO ACTUAL EXPENSES OR PER DIEM IN LIEU OF SUBSISTENCE IN PERFORMANCE OF TRAVEL BY AIR AS PROVIDED BY LAW FOR OFFICERS OF THE NAVY.

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