A-61236, MAY 6, 1935, 14 COMP. GEN. 810

A-61236, MAY 6, 1935, 14 COMP. GEN. 810

MILEAGE - ACTIVE DUTY - OFFICERS' RESERVE CORPS A MEMBER OF THE OFFICERS' RESERVE CORPS CALLED TO ACTIVE DUTY FOR 15 DAYS' TRAINING IS ENTITLED UNDER THE REGULATIONS TO MILEAGE, AT THE RATE OF 4 CENTS PER MILE, FROM HIS HOME AS OF RECORD IN THE WAR DEPARTMENT TO HIS DUTY STATION AND RETURN, AND NOT FROM A PLACE OF GREATER DISTANCE ALLEGED TO BE HIS ABODE.

COMPTROLLER GENERAL MCCARL TO MAJ. JAMES MACKAY, UNITED STATES ARMY, MAY 6, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 20, 1935 (G.A.O.DISAL. VO. NO. 437, DEC. 1933), REQUESTING FURTHER CONSIDERATION OF THE DISALLOWANCE IN YOUR DISBURSING ACCOUNTS OF THE SUM OF $72.58, MILEAGE PAID TO SECOND LT. CARL JETHRO FURR, COAST ARTILLERY, RESERVE CORPS, IN CONNECTION WITH HIS PERIOD OF ACTIVE DUTY FOR TRAINING AT FORT WORDEN,WASH., FROM AUGUST 2 TO 15, 1931.

PARAGRAPH 1, SPECIAL ORDERS NO. 29, HEADQUARTERS NINTH COAST ARTILLERY DISTRICT (OR) PRESIDIO OF SAN FRANCISCO, CALIF., DATED JULY 6, 1931, ORDERED LIEUTENANT FURR TO ACTIVE DUTY EFFECTIVE AUGUST 2, 1931, AND DIRECTED HIM TO PROCEED FROM THE UNIVERSITY OF OREGON, EUGENE, OREG., TO FORT WORDEN, WASH., FOR 14 DAYS' TRAINING; AND THAT HE RETURN TO HIS HOME SO AS TO ARRIVE THEREAT ON AUGUST 16, 1931, AND STAND RELIEVED FROM ACTIVE DUTY THAT DATE, WHICH ORDER WAS AMENDED BY PARAGRAPH 2, SPECIAL ORDERS 49, OF THE SAME HEADQUARTERS DATED AUGUST 13, 1931, SO AS TO REQUIRE HIM TO PROCEED TO HIS HOME ON AUGUST 15, 1931, AND STAND RELIEVED FROM ACTIVE DUTY THAT DATE.

SECTION 37A OF THE NATIONAL DEFENSE ACT, SET FORTH IN SECTION 32 OF THE ACT OF JUNE 4, 1920, 41 STAT. 776, PROVIDES THAT A RESERVE OFFICER WHEN ORDERED TO ACTIVE DUTY SHALL RECEIVE MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME. ARMY REGULATIONS 140-5, DATED APRIL 16, 1931, IN EFFECT AT THE TIME OF THE ISSUANCE OF LIEUTENANT FURR'S ORDERS, PROVIDES, PARAGRAPH 92, THAT 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. PARAGRAPH 118 OF THE REGULATIONS PROVIDES THAT PROMPT NOTIFICATION ON WD A.G.O. FORM NO. 172 (PERSONAL REPORT OF RESERVE OFFICERS), OF A PERMANENT OR PROLONGED TEMPORARY CHANGE OF ADDRESS WILL BE MADE TO THE ADJUTANT GENERAL THROUGH MILITARY CHANNELS.

IT APPEARS FROM A REPORT OF THE HEADQUARTERS 9TH COAST ARTILLERY DISTRICT (OR), PRESIDIO OF SAN FRANCISCO, CALIF., TO THE COMMANDING GENERAL NINTH CORPS AREA, CONTAINED IN FIRST INDORSEMENT OF NOVEMBER 20, 1933, THAT THE RECORDS OF THE FORMER OFFICE SHOWED LIEUTENANT FURR WAS A PROFESSOR OF LANGUAGES AT THE UNIVERSITY OF OREGON, EUGENE, OREG., UNTIL ABOUT JUNE 15, 1931, WHEN DUE TO LACK OF FUNDS HE WAS DISCHARGED FROM THAT POSITION AND MOVED TO PROVO, UTAH, FOR RESIDENCE; THAT UNDER DATE OF MAY 13, 1931, HE SUBMITTED AN APPLICATION FOR ACTIVE DUTY WITH HIS REGIMENT TO BE TRAINED AT FORT WORDEN, WASH., AUGUST 2 TO 15, 1931, REPORTING HIS PERMANENT ADDRESS TO BE PROVO, UTAH; THAT REPORT ON WD A.G.O. FORM NO. 172 (REQUIRED BY THE REGULATIONS TO BE EXECUTED UPON CHANGE OF ADDRESS), WAS EITHER NOT RECEIVED AT THAT OFFICE OR, IF RECEIVED, HAD BEEN INADVERTENTLY MISPLACED, AND AT DATE OF ISSUANCE OF LIEUTENANT FURR'S TRAVEL ORDERS THE OFFICE RECORDS (OTHER THAN HIS APPLICATION FOR ACTIVE DUTY), BORE HIS PERMANENT ADDRESS AS "EUGENE, OREG; " THAT ACCORDINGLY WHEN HIS TRAVEL ORDERS, SO 29, WERE ISSUED FOR ACTIVE DUTY AT FORT WORDEN, WASH., HE WAS ORDERED TO PROCEED FROM AND RETURN TO EUGENE, OREG. ON VOUCHER 520, AUGUST 1931, ACCOUNTS OF ARMY PAYMASTER T. S. PUGH, LIEUTENANT FURR WAS PAID MILEAGE AT THE RATE OF 4 CENTS PER MILE FROM EUGENE, OREG., TO FORT WORDEN, WASH., AND RETURN, 706 MILES, LESS 554 MILES LAND-GRANT, AMOUNTING TO $11.62. SUBSEQUENTLY PARAGRAPH 1, SPECIAL ORDERS 82, HEADQUARTERS 9TH COAST ARTILLERY DISTRICT (OR), DATED NOVEMBER 27, 1933, WERE ISSUED AMENDING SPECIAL ORDERS 29, SO AS TO SHOW HIS ADDRESS ,367 N.2ND EAST PROVO, UTAH," AND ON VOUCHER 437, OF YOUR DECEMBER 1933 ACCOUNTS, HE WAS PAID THE SUM OF $72.58, REPRESENTING MILEAGE FOR THE DISTANCE FROM PROVO, UTAH, TO FORT WORDEN, WASH., AND RETURN, LESS THAT RECEIVED BY HIM FOR THE DISTANCE FROM EUGENE, OREG., TO FORT WORDEN, WASH., AND RETURN, WHICH AMOUNT, NAMELY $72.58, WAS DISALLOWED IN YOUR DISBURSING ACCOUNTS.

THE ORDERS CONTEMPORANEOUSLY ISSUED AND UNDER WHICH THE DUTY WAS PERFORMED, IN EFFECT AUTHORIZED AND LIMITED PAYMENT OF MILEAGE FROM AND RETURN TO EUGENE, OREG. ORDERS ISSUED OVER 2 YEARS THEREAFTER PURPORTING TO CHANGE THE BASIS OF PAYMENT PRESCRIBED IN THE CONTEMPORANEOUS ORDERS ARE WITHOUT EFFECT TO INCREASE THE OBLIGATION OF THE GOVERNMENT OR THE RIGHTS OF THE OFFICER. THE STATUTORY PROVISION FOR PAYMENT OF MILEAGE FROM THE HOME OF A RESERVE OFFICER TO HIS FIRST DUTY STATION IS SUBJECT TO THE REGULATION OF THE WAR DEPARTMENT AS TO THE REPORTING OF THE HOME OF AN OFFICER FOR THE PURPOSE OF ISSUANCE OF ORDERS TO ACTIVE DUTY. THE REGULATIONS PROPERLY LIMIT AND DEFINE THE HOME OF THE OFFICER TO THE HOME AS OF RECORD IN THE WAR DEPARTMENT, AND IF THAT IS NOT CORRECT, THE OFFICER, BEFORE PROCEEDING IN OBEDIENCE TO THE ORDERS, SHOULD ADVISE THE DEPARTMENT OF THE ERROR OR CHANGE, THUS AFFORDING THE DEPARTMENT AN OPPORTUNITY TO DETERMINE WHETHER THE INCREASED EXPENSES FOR THE ADDITIONAL TRAVEL WILL BE AUTHORIZED. THE MATTER IS NOT A QUESTION OF PROOF WHAT THE OFFICER'S ACTUAL HOME WAS WHEN THE TRAVEL WAS COMMENCED. OTHERWISE, THE DEPARTMENT COULD NOT WITH ANY ASSURANCE DETERMINE THE COST OF TRAVEL OF RESERVE OFFICERS TO ACTIVE DUTY FOR TRAINING WITHIN THE LIMITS OF THE APPROPRIATIONS MADE BY THE CONGRESS THEREFOR. SEE 24 COMP. DEC. 371, 373, AND 96 MS COMP. GEN. 953, A 28172. THE SUM OF $72.58 WAS PROPERLY DISALLOWED IN YOUR DISBURSING ACCOUNTS AND IS SUSTAINED.