B-23156, FEB 2, 1942

B-23156, FEB 2, 1942

PRECIS-UNAVAILABLE

CAPTAIN S. H. BARGMAN, F.D. U.S. ARMY:

FINANCE OFFICE

ELLINGTON FIELD, TEXAS

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 29, 1941, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF MAJOR WILLIAM M. GARLAND, AIR CORPS, U.S. ARMY, IN THE AMOUNT OF $40.50, COVERING HIS CLAIM FOR PER DIEM ALLOWANCE OF $6, IN AN AIR TRAVEL STATUS, FOR TRAVEL PERFORMED BY GOVERNMENT OWNED AIRCRAFT FROM ELLINGTON FIELD, TEXAS, TO BARKSDALE FIELD, LOUISIANA, AND RETURN, SEPTEMBER 3, TO 10, 1941.

PARAGRAPH 20, PERSONNEL ORDERS NO. 202, OFFICE OF THE CHIEF OF THE AIR CORPS, WASHINGTON, D.C., DATED AUGUST 28, 1941, APPOINTED CLAIMANT AS A MEMBER OF A BOARD, AS FOLLOWS:

"20. THE FOLLOWING OFFICERS ARE APPOINTED AS MEMBERS OF A BOARD OF OFFICERS TO MEET ON OR ABOUT SEPTEMBER 2, 1941, AT BARKSDALE FIELD, SHREVEPORT, LOUISIANA, AT THE CALL OF THE PRESIDENT THEREOF, FOR THE PURPOSE OF PREPARING A CURRICULUM FOR A TWELVE WEEKS COURSE FOR AERIAL BOMBARDIERS.

"DETAIL FOR THE BOARD

"MAJ. JOHN P. KENNY (0-17461), AIR CORPS,

NOW ON TEMPORARY DUTY AT BARKSDALE FIELD, SHREVEPORT, LA.

MAJOR JOHN PAUL RYAN (0-17940), AIR CORPS,

BARKSDALE FIELD, SHREVEPORT, LA.

MAJOR WILLIAM M. GARLAND (0-18900), AIR CORPS,

ELLINGTON FIELD, TEXAS.

CAPTAIN LOUIS M. GREGORY (0-280841), AIR-RESERVE,

BARKSDALE FIELD, SHREVEPORT, LA.

"BY ORDER OF THE CHIEF OF THE AIR CORPS:"

PARAGRAPH 1, OPERATIONS ORDER NO. 98, HEADQUARTERS AIR CORPS ADVANCED FLYING SCHOOL, ELLINGTON FIELD, TEXAS, DATED SEPTEMBER 1, 1941, DIRECTED TRAVEL AS FOLLOWS:

"1. PURSUANT TO AUTHORITY CONTAINED IN RADIOGRAM, OCAC, WASHINGTON, D.C., AUGUST 28, 1941, TO THE COMMANDING GENERAL, GULF COAST, AIR CORPS TRAINING CENTER RANDOLPH FIELD, TEXAS, AND 1ST IND. HEADQUARTERS, GCACTC, RANDOLPH FIELD, TEXAS, AUGUST 30, 1941, TO COMMANDING OFFICER, ELLINGTON FIELD, TEXAS, MAJOR WILLIAM M. GARLAND, 0-18900, AIR CORPS, PILOT, WILL PROCEED BY MILITARY AIRCRAFT, AT THE PROPER TIME FROM ELLINGTON FIELD, TEXAS, VIA THE BEST AVAILABLE AIR ROUTE TO BARKSDALE FIELD, SHREVEPORT, LOUISIANA ARRIVING THEREAT ON OR ABOUT SEPTEMBER 2, 1941, ON TEMPORARY DUTY, FOR THE PURPOSE OF SERVING AS A MEMBER OF A BOARD OF OFFICERS APPOINTED TO PREPARE A CURRICULUM FOR TWELVE WEEKS COURSE FOR AERIAL BOMBARDIERS, AND UPON COMPLETION THEREOF, WILL RETURN BY MILITARY AIRCRAFT VIA THE BEST AVAILABLE AIR ROUTE, TO HIS PROPER STATION ELLINGTON FIELD, TEXAS. DUTIES TO BE PERFORMED AT BARKSDALE FIELD BEING EXCEPTIONAL WILL REQUIRE MORE THAN SEVENTY TWO (72) HOURS FOR THEIR PERFORMANCE THEREFORE A DELAY OF NOT TO EXCEED SEVEN DAYS AT THAT PLACE IS AUTHORIZED.

"IN LIEU OF SUBSISTENCE A FLAT PER DIEM OF SIX ($6.00) DOLLARS IS AUTHORIZED FOR TRAVEL BY MILITARY AIRCRAFT. TRAVEL BY MILITARY AIRCRAFT IS CHARGEABLE TO AC 1 P 88-06 A 0705-2.

"THE 70TH SCHOOL SQUADRON WILL FURNISH AN AT-6A TYPE AIRPLANE PROPERLY EQUIPPED FOR THIS FLIGHT.

"TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE.

"BY ORDER OF LIEUT. COLONEL REID:"

YOU STATE MAJOR GARLAND LEFT ELLINGTON FIELD, TEXAS, AT 10:40 A.M. SEPTEMBER 3, 1941, AND ARRIVED AT BARKSDALE FIELD, LOUISIANA, AT 12:00 NOON, THE SAME DAY; THAT HE RETURNED TO ELLINGTON FIELD, TEXAS, SEPTEMBER 6, 1941, FOR THE PURPOSE OF OBTAINING ADDITIONAL INFORMATION FOR THE BOARD; THAT HE REMAINED AT ELLINGTON FIELD, TEXAS, FROM 3 P.M. SEPTEMBER 6, 1941, TO 2:30 P.M. SEPTEMBER 8, 1941, RETURNED TO BARKSDALE FIELD, LOUISIANA, SEPTEMBER 8, 1941; THAT HE DEPARTED FROM BARKSDALE FILED AT 5 P.M. SEPTEMBER 10, 1941, AND ARRIVED AT ELLINGTON FIELD AT 6:30 P.M. SEPTEMBER 10, 1941.

THE ACT OF MARCH 2, 1931, 46 STAT. 1461, PROVIDES:

"*** THAT FOR TRAVEL BY AIR UNDER COMPETENT ORDERS ON DUTY WITHOUT TROOPS, UNDER REGULATIONS TO BE PRESCRIBED RESPECTIVELY BY THE HEADS OF THE DEPARTMENTS CONCERNED, MEMBERS *** OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT JUNE 10, 1922 *** SHALL, IN LIEU OF MILEAGE OR OTHER TRAVEL ALLOWANCES, BE ALLOWED AND PAID THEIR ACTUAL AND NECESSARY TRAVELING EXPENSES NOT TO EXCEED $8 PER DAY, OR, IN LIEU THEREOF, PER DIEM ALLOWANCES AT RATES NOT TO EXCEED $6 PER DAY."

PARAGRAPH 4, ARMY REGULATIONS 35-4820, DATED AUGUST 4, 1937, PROMULGATED PURSUANT TO THE ABOVE CITED LAW, PROVIDES:

"TRAVEL BY AIR.-- A. DEFINED.-- THE TERM 'TRAVEL BY AIR' IS DEFINED AS A JOURNEY IN AN AIRCRAFT MADE BY ORDERS OF COMPETENT AUTHORITY AND REQUIRING ONE OR MORE LANDINGS AWAY FROM THE STARTING POINT.

"B. CONTINUOUS JOURNEY BY AIR.-- THE TERM 'CONTINUOUS JOURNEY BY AIR' IS DEFINED AS ANY JOURNEY MADE IN AN AIRCRAFT BY ORDERS OF COMPETENT AUTHORITY FROM AND RETURN TO THE PLACE OF INITIAL DEPARTURE OR TO OTHER FINAL DESTINATION SPECIFIED IN THE ORDERS, WHICH REQUIRES ONE OR MORE LANDINGS, OR STOPS, PROVIDED THAT THE STOP, EXPECT THAT DUE TO NECESSARY DELAY, IN ANY ONE LOCALITY DOES NOT EXCEED 72 HOURS; PROVIDED FURTHER, THAT WHERE IT HAS BEEN DETERMINED IN ADVANCE BY THE OFFICER ISSUING THE ORDER AND HE HAS SO STATED IN THE ORDER, THAT THE DUTIES ASSIGNED EN ROUTE ARE EXCEPTIONAL AND WILL PROBABLY REQUIRE MORE THAN 72 HOURS FOR THEIR PERFORMANCE, A DELAY OF 15 DAYS IN A CONTINUOUS JOURNEY BY AIR MAY BE AUTHORIZED."

YOU REQUEST THAT YOU BE ADVISED "AS TO THE PROPER AMOUNT PAYABLE." WAS DETERMINED IN ADVANCE AND STATED IN THE ORDERS THAT THE DUTIES WERE EXCEPTIONAL, AND A DELAY OF NOT TO EXCEED SEVEN DAYS WAS AUTHORIZED. THE OFFICER ARRIVED AT HIS TEMPORARY DUTY STATION AT NOON SEPTEMBER 3, 1941, AND IT IS STATED ON THE VOUCHER THE SPECIAL DUTIES ENJOINED AT BARKSDALE FIELD WERE COMPLETED AT 10 A.M. SEPTEMBER 10, 1941, AND THAT HIS DEPARTURE WAS DELAYED UNTIL 5 P.M. THE SAME DATE. IT IS ALSO STATED HE RETURNED TO HIS PLACE OF ORIGINAL DEPARTURE FOR THE PURPOSE OF OBTAINING ADDITIONAL INFORMATION FOR THE BOARD, AND THAT HE REMAINED AT HIS PROPER STATION FROM 3 A.M. SEPTEMBER 6 TO 2:30 P.M. SEPTEMBER 8, 1941. PER DIEM ALLOWANCE IS CLAIMED ON THE VOUCHER FOR THE AMOUNT OF $6 ON SEPTEMBER 6 AND 8, 1941. NO CLAIM FOR PER DIEM IS MADE FOR SUNDAY, SEPTEMBER 7, 1941. THE CITED REGULATIONS UNDER "B" DEFINES A CONTINUOUS JOURNEY BY AIR AS ANY JOURNEY MADE BY AIRCRAFT BY ORDERS OF COMPETENT AUTHORITY "FROM AND RETURN TO PLACE OF INITIAL DEPARTURE." HIS CONTINUOUS JOURNEY BY AIR WAS OBVIOUSLY BROKEN BY HIS RETURN TO HIS PLACE OF INITIAL DEPARTURE, AND NO PER DIEM ACCRUED DURING THE PERIOD FROM 3 P.M. AUGUST 6 TO 2:30 P.M. AUGUST 8, 1941.

IF THE VOUCHER, RETURNED HEREWITH, IS OTHERWISE CORRECT, PAYMENT IS AUTHORIZED, FOR THE ALLOWANCE TO WHICH HE IS ENTITLED AS INDICATED ABOVE, THAT IS, FROM 10:40 A.M. SEPTEMBER 3 TO 3:00 P.M. SEPTEMBER 6, AND FROM 2:30 P.M. SEPTEMBER 8 TO 6:30 P.M. SEPTEMBER 10, 1941.