B-37383, NOV 8, 1943

B-37383, NOV 8, 1943

PRECIS-UNAVAILABLE

CAPTAIN A. L. CHAPMAN, F.D., U.S. ARMY:

WAR DEPARTMENT

THERE HAS BEEN RECEIVED BY UNDATED INDORSEMENT OF YOUR LETTER OF SEPTEMBER 4, 1943, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF MARY C. HODGES, SECOND LIEUTENANT, A.N.C., FOR MILEAGE ALLOWANCE INCIDENT TO TRAVEL PERFORMED BY HER FROM SHEPPARD FIELD, TEXAS, TO SIOUX FALLS, SOUTH DAKOTA, AND RETURN, DIRECTED IN PARAGRAPH 10 OF SPECIAL ORDERS NO. 326, HEADQUARTERS TECHNICAL SCHOOL, ARMY AIR FORCES TECHNICAL TRAINING COMMAND, SHEPPARD FIELD, TEXAS, DATED DECEMBER 21, 1942, AS FOLLOWS:

"10. FOLLOWING 2ND LIEUTENANTS ANC WP WITHOUT DELAY TO SIOUX FALLS SOUTH DAKOTA REPORTING UPON ARRIVAL TO CO TS AAFTTC FOR TEMP DY FOR A PERIOD OF NOT TO EXCEED THIRTY (30) DAYS. UPON COMPLETION OF THIS DY THEY WILL RETURN TO SHEPPARD FLD TEX:

RELD FR ASGMT TO QRS IN BUILDING NO

EFFECTIVE

23 DEC 42

MARY E. HODGES N-734922 1205

TO FURNISH T. TDN. PER DIEM OF $4.00 PER DAY IS AUTHORIZED WHILE TRAVELING FD 34 P 434-02 A 0425-23. AUTH: TELG 3A-1484 HQ 3D AAFTTC 20 DEC 42.

PURSUANT TO THE ORDERS LIEUTENANT HODGES DEPARTED FROM SHEPPARD FIELD ON DECEMBER 23, 1942, AND, AFTER PERFORMING THE TEMPORARY DUTIES DIRECTED AT SIOUX FALLS, SHE RETURNED TO HER STATION AT SHEPPARD FIELD ON FEBRUARY 25, 1943. IT APPEARS THAT THE TRAVEL WAS PERFORMED BY RAIL AT GOVERNMENT EXPENSE AND THAT PAYMENT OF A PER DIEM ALLOWANCE IN THE AMOUNT OF $9 HAS BEEN MADE TO HER UNDER THE ORDERS.

SECTION 1 OF THE ACT OF DECEMBER 22, 1942, 56 STAT. 1072, PROVIDES:

"THAT HEREAFTER, DURING THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER, THE MEMBERS OF THE ARMY NURSE CORPS SHALL HAVE RELATIVE RANK AND RECEIVE PAY AND MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, AND MILEAGE AND OTHER TRAVEL ALLOWANCES, AS NOW OR HEREAFTER PROVIDED BY LAW, FOR COMMISSIONED OFFICERS, WITHOUT DEPENDENTS, OF THE REGULAR ARMY IN THE SIXTH TO THE FIRST PAY PERIODS, RESPECTIVELY."

IN VIEW OF THE FACT THAT TRAVEL UNDER THE ORDERS OF DECEMBER 21, 1942, WAS PERFORMED DURING A PERIOD SUBSEQUENT TO THE EFFECTIVE DATE OF THE ACT OF DECEMBER 22, 1942, SUPRA, LIEUTENANT HODGES REQUESTED IN LETTER DATED MAY 10, 1943, TO THE FINANCE OFFICER, HEADQUARTERS TECHNICAL SCHOOL AAFTTC, AT SHEPPARD FIELD, THAT THE ORDERS OF DECEMBER 21, 1942, BE AMENDED TO DELETE THE AUTHORIZATION THEREIN CONTAINED FOR THE PAYMENT OF A $4 PER DIEM IN ORDER THAT SHE MIGHT RECEIVE A MILEAGE ALLOWANCE FOR THE TRAVEL INVOLVED. IN COMPLIANCE WITH THE REQUEST, AND UPON THE RECOMMENDATION OF THE OFFICE OF THE FISCAL DIRECTOR, ARMY SERVICE FORCES, PARAGRAPH 3 OF SPECIAL ORDERS NO. 226, WAS ISSUED BY THE SAME COMMAND UNDER DATE OF AUGUST 14, 1943, PROVIDING AS FOLLOWS:

"SO MUCH OF PAR 10 SO 326 THIS HQ DATED 21 DEC 1942 AS AUTHORIZES PAYMENT OF PER DIEM AT THE RATE OF $4.00 PER DAY TO 2ND LIEUTENANT MARY E HODGES N -734922 ANC WHILE TRAVELING IS REVOKED. (RE: NURSES ON TEMP DY AT SIOUX FALLS, S D)."

THE VOUCHER NOW PRESENTED IS STATED IN THE AMOUNT OF $59.40, REPRESENTING MILEAGE ALLOWANCE AT 8 CENTS PER MILE FOR THE TRAVEL PERFORMED, LESS DEDUCTIONS FOR TRANSPORTATION FURNISHED AND LAND GRANT, AND FOR THE COST TO THE GOVERNMENT FOR PULLMAN ACCOMMODATIONS FURNISHED, AND THE AMOUNT PREVIOUSLY RECEIVED BY THE OFFICER AS PER DIEM ALLOWANCE UNDER THE ORIGINAL ORDERS.

PRIOR TO THE EFFECTIVE DATE OF THE ACT OF DECEMBER 22, 1942, SUPRA, MEMBERS OF THE ARMY NURSE CORPS WERE ENTITLED, WHILE TRAVELING UNDER COMPETENT ORDERS, TO REIMBURSEMENT OF ACTUAL EXPENSES FOR SUBSISTENCE NOT EXCEEDING $5 PER DAY, OR TO A PER DIEM IN LIEU THEREOF NOT TO EXCEED $4 UNDER THE PROVISIONS OF PARAGRAPH 13 OF THE ACT OF AUGUST 1, 1914, 38 STAT. 680. 13 COMP.GEN. 94. PARAGRAPH 3 OF ARMY REGULATIONS 35-4910, IN EFFECT AT THE TIME THE ORDERS OF DECEMBER 21, 1942, WERE ISSUED PROVIDES:

"IN LIEU OF ACTUAL EXPENSES FOR SUBSISTENCE, A PER DIEM NOT TO EXCEED $4 PER DAY MAY BE PRESCRIBED IN THE TRAVEL ORDERS WITHIN THE DISCRETION OF THE OFFICER ISSUING SUCH ORDERS."

UNDER THE PROVISIONS OF SECTION 1 OF THE ACT OF DECEMBER 22, 1942, SUPRA, A MEMBER OF THE ARMY NURSE CORPS IS ENTITLED TO MILEAGE OR OTHER TRAVEL ALLOWANCES AS PROVIDED FOR COMMISSIONED OFFICERS OF THE REGULAR ARMY FOR TRAVEL PERFORMED BY HER UNDER COMPETENT ORDERS SUBSEQUENT TO THE EFFECTIVE DATE OF THE ACT. TRAVEL ALLOWANCES TO WHICH SUCH COMMISSIONED OFFICERS ARE ENTITLED ARE PROVIDED IN SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, IN PART AS FOLLOWS:

"OFFICERS *** WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE ***.

"UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, NO OFFICER OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY AWAY FROM HIS DESIGNATED POST OF DUTY, NOR ANY SUM FOR SUCH EXPENSES ACTUALLY INCURRED IN EXCESS OF $7 PER DAY. THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $6, IN LIEU OF SUBSISTENCE TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY ***."

THE CITED ACT OF DECEMBER 22, 1942, DOES NOT PROVIDE THAT TRAVEL UNDER ALL CONDITIONS BY MEMBERS OF THE ARMY NURSE CORPS BE ON A MILEAGE BASIS, AND THE FACT THAT THE TRAVEL IN THIS CASE WAS PERFORMED SUBSEQUENT TO THE DATE OF THAT ACT DOES NOT ESTABLISH THE NURSE'S RIGHT TO MILEAGE FOR THE TRAVEL INVOLVED. HAD THE ORDERS DIRECTING THE TRAVEL BEEN ISSUED SUBSEQUENT TO THE DATE OF THE ACT IT WOULD HAVE BEEN WITHIN THE ADMINISTRATIVE DISCRETION OF THE ISSUING OFFICER TO PRESCRIBE TRAVELING EXPENSES ON SUCH BASIS AS HE DEEMED PROPER UNDER THE CIRCUMSTANCES, AND IT MAY NOT BE ASSUMED THAT THE ORDERS WOULD HAVE IN FACT DIRECTED THE TRAVEL ON A MILEAGE BASIS.

IT IS WELL SETTLED BY DECISIONS OF THIS OFFICE THAT A TRAVEL ORDER MAY NOT BE AMENDED OR REVOKED SUBSEQUENT TO THE PERFORMANCE OF THE TRAVEL DIRECTED THEREIN SO AS TO RETROACTIVELY INCREASE OR DECREASE THE ALLOWANCES TO WHICH THE TRAVELER IS ENTITLED. B-28221, AUGUST 31, 1942, AND MARCH 8, 1943; B-30727, JANUARY 4, 1943; B-30168, MARCH 8, 1943. THEREFORE, THAT PART OF SPECIAL ORDERS NO. 226, ISSUED AUGUST 14, 1943, REVOKING SO MUCH OF SPECIAL ORDERS NO. 326, ISSUED DECEMBER 21, 1942, AS AUTHORIZED PAYMENT OF PER DIEM TO LIEUTENANT HODGES, MAY NOT BE GIVEN RETROACTIVE EFFECT FOR THE PURPOSE OF CHANGING THE BASIS FOR REIMBURSEMENT FOR TRAVELING EXPENSES PRESCRIBED IN THE ORDERS OF DECEMBER 21, 1942.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE.