APRIL 13, 1923, 2 COMP. GEN. 654

APRIL 13, 1923, 2 COMP. GEN. 654

MILEAGE - CADETS OF THE UNITED STATES MILITARY ACADEMY CADETS PROCEEDING FROM THEIR HOMES TO THE MILITARY ACADEMY FOR EXAMINATION AND APPOINTMENT ON AND AFTER JULY 1, 1922, ARE ENTITLED TO FIVE CENTS PER MILE FOR THE ENTIRE DISTANCE FROM THEIR HOMES TO THE ACADEMY VIA THE SHORTEST USUALLY TRAVELED ROUTE, LESS ANY COST TO THE GOVERNMENT FOR SUBSISTENCE OR TRANSPORTATION FURNISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, APRIL 13, 1923:

I HAVE YOUR LETTER OF MARCH 15, 1923, TRANSMITTING VOUCHER IN FAVOR OF SAMUEL MANA FULLER, CADET PRIVATE, CLASS OF NEW CADETS, UNITED STATES MILITARY ACADEMY, FOR MILEAGE AT THE RATE OF 5 CENTS PER MILE, HONOLULU, HAWAII, TO WEST POINT, N.Y., FOR TRAVEL TO ENTER THE MILITARY ACADEMY, AND REQUESTING DECISION AS TO THE AMOUNT WHICH SHOULD BE ALLOWED PER MILE FOR THAT PART OF THE TRAVEL BY ARMY TRANSPORT FROM HONOLULU, HAWAII, TO SAN FRANCISCO, CALIF.

ON THE FACE OF THE VOUCHER IT IS STATED THAT THE JOURNEY WAS COMMENCED JULY 20, 1922, AND COMPLETED AUGUST 3, 1922, WHILE THE "MILEAGE STATEMENT" ON THE REVERSE OF THE VOUCHER IS "1922, JULY 20 TO AUGUST 3, HONOLULU, H.T., TO SAN FRANCISCO, CAL., U.S.A. TRANSPORT CHATEAU THIERRY CHARGED FOR MEALS ONLY ON TRANSPORT. 20 MEALS, AT $0.50, $10.00.' WHETHER THE JOURNEY TO SAN FRANCISCO OR TO WEST POINT WAS COMPLETED AUGUST 3, 1922, DOES NOT DEFINITELY APPEAR.

SECTION 19 OF THE ACT OF JUNE 10, 1922, 42 STAT., 632, PROVIDES:

THAT CADETS AT THE MILITARY ACADEMY AND CADETS AND CADET ENGINEERS OF THE COAST GUARD SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY LAW FOR MIDSHIPMEN IN THE NAVY.

UNDER THE APPROPRIATION "PAY, MISCELLANEOUS, 1923," IN THE NAVAL APPROPRIATION ACT OF JULY 1, 1922, 42 STAT., 787, FUNDS ARE PROVIDED:

* * * FOR MILEAGE, AT 5 CENTS PER MILE, TO MIDSHIPMEN ENTERING THE NAVAL ACADEMY WHILE PROCEEDING FROM THEIR HOMES TO THE NAVAL ACADEMY FOR EXAMINATION AND APPOINTMENT AS MIDSHIPMEN; * * *

AS UNDER SECTION 19 OF THE ACT OF JUNE 10, 1922, CADETS WHO HAVE ENTERED THE MILITARY ACADEMY BECOME ENTITLED FOR SAID ENTRANCE TRAVEL ON AND AFTER JULY 1, 1922, TO THE SAME ALLOWANCE AS THEN OR THEREAFTER PROVIDED FOR MIDSHIPMEN IN THE NAVY, IN ORDER TO DETERMINE THE RIGHT OF CADET FULLER TO MILEAGE FOR THIS TRAVEL ON AND AFTER JULY 1, 1922, TO ENTER THE MILITARY ACADEMY, IT IS FIRST NECESSARY TO DETERMINE WHAT A NAVAL CADET WHO HAS ENTERED THE NAVAL ACADEMY WOULD HAVE BEEN ENTITLED TO FOR SIMILAR TRAVEL ON AND AFTER JULY 1, 1922, TO ENTER THE NAVAL ACADEMY.

WHILE NAVAL CADETS ARE OFFICERS OF THE NAVY, AND THERE IS IN SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT., 631, A GENERAL MILEAGE PROVISION (WITH ACTUAL EXPENSES FOR CERTAIN SEA TRAVEL) FOR OFFICERS OF THE NAVY, YET IN VIEW OF THE STATUTORY DISTINCTION AS TO THIS ALLOWANCE THAT MAINTAINED PRIOR TO JULY 1, 1922, BETWEEN THE TRAVEL OF NAVAL CADETS FOR SUCH ENTRANCE PURPOSES AND THAT OF COMMISSIONED OFFICERS OF THE NAVY FOR GENERAL TRAVEL PURPOSES, AND THE REPETITION OF THIS DISTINCTION IN THE ANNUAL NAVAL APPROPRIATION ACT FOR 1923, SUPRA, ENACTED JULY 1, 1922, AND THEREFORE AT A LATER DATE THAN THE ACT OF JUNE 10, 1922, ALTHOUGH EFFECTIVE UPON THE SAME DATE, IT IS CONCLUDED THAT IT WAS THE PURPOSE OF CONGRESS TO CONTINUE THIS SEPARATION OF NAVAL CADETS FROM COMMISSIONED OFFICERS OF THE NAVY FOR MILEAGE FOR ENTRANCE TRAVEL PURPOSES. SEE, IN THIS CONNECTION, UNITED STATES V. PERKINS, 116 U.S., 483; 20 COMP. DEC., 365.

CADET FULLER IS ACCORDINGLY ENTITLED TO MILEAGE VIA THE SHORTEST USUALLY TRAVELED ROUTE FROM HONOLULU TO WEST POINT, COMPUTED AT 5 CENTS PER MILE FOR ENTIRE DISTANCE, LESS ANY COST TO THE GOVERNMENT FOR SUBSISTENCE AND TRANSPORTATION WHILE EN ROUTE ON ARMY TRANSPORT FROM HONOLULU TO SAN FRANCISCO, AS A SET-OFF AGAINST THE ITEM OF MILEAGE WHICH THE GOVERNMENT OTHERWISE OWES HIM.

IT APPEARS FROM THE VOUCHER SUBMITTED THAT HE HAS HIMSELF BORNE THE COST OF SAID SUBSISTENCE, 20 MEALS AT $0.50 EACH, $10, AND, IF THIS BE VERIFIED AS CORRECT, HE IS NOT INDEBTED TO THE UNITED STATES ON THIS ACCOUNT, NOR IS HE ENTITLED TO REIMBURSEMENT THEREFOR AS CLAIMED.

THE ONLY REMAINING ITEM IS THE INDEPENDENT ITEM OF TRANSPORTATION FROM HONOLULU TO SAN FRANCISCO, AND THE ONLY QUESTION FOR DETERMINATION AS TO THAT IS AS TO THE AMOUNT THAT SHALL BE DEDUCTED THEREFOR AS THE COST TO THE UNITED STATES FOR THE TRANSPORTATION FROM THE MILEAGE WHICH IT OTHERWISE OWES HIM.

THE QUARTERMASTER GENERAL OF THE ARMY COMPUTES THE COST OF INDIVIDUAL PASSENGER TRANSPORTATION ON ARMY TRANSPORTS, AND INFORMATION AS TO THE MONETARY VALUE OF THE TRANSPORTATION FURNISHED TO CADET FULLER FOR SAID TRAVEL AS A CADET CANDIDATE FROM HONOLULU TO SAN FRANCISCO ON THE ARMY TRANSPORT UPON WHICH HE TRAVELED CAN BE SECURED FROM THAT OFFICE.

YOU ARE ACCORDINGLY ADVISED THAT FOR THIS CADET ENTRANCE TRAVEL FROM HONOLULU TO SAN FRANCISCO CADET FULLER IS ENTITLED TO MILEAGE AT 5 CENTS PER MILE, LESS THE COST OF THE TRANSPORT TRANSPORTATION FURNISHED TO HIM AS THUS ASCERTAINED. SEE 2 MS. COMP. GEN., 235, OCTOBER 20, 1921.