B-7456, JANUARY 2, 1940, 19 COMP. GEN. 619

B-7456, JANUARY 2, 1940, 19 COMP. GEN. 619

TRAVELING EXPENSES - ARMY OFFICER CHANGING STATION - INTERMEDIATE LEAVE OF ABSENCE AND FURTHER PERMANENT STATION CHANGE THE FOLLOWING STATUTORY RULE ( ARMY APPROPRIATION ACT OF JUNE 12, 1906, 34 STAT. 247) IS APPLICABLE ALSO TO TRAVEL EXPENSES WHERE THAT METHOD OF REIMBURSEMENT IS REQUIRED INSTEAD OF MILEAGE: " WHEN THE STATION OF AN OFFICER IS CHANGED WHILE HE IS ON LEAVE OF ABSENCE HE WILL ON JOINING THE NEW STATION BE ENTITLED TO MILEAGE FOR THE DISTANCE TO THE NEW STATION FROM THE PLACE WHERE HE RECEIVED THE ORDER DIRECTING THE CHANGE, PROVIDED THE DISTANCE BE NO GREATER THAN FROM THE OLD TO THE NEW STATION; BUT IF THE DISTANCE BE GREATER HE WILL BE ENTITLED TO MILEAGE FOR A DISTANCE EQUAL TO THAT FROM THE OLD TO THE NEW STATION ONLY.' WHERE AN ARMY OFFICER, UNDER ORDERS RELIEVING HIM FROM DUTY IN A FOREIGN COUNTRY AND GRANTING LEAVE OF ABSENCE PRIOR TO HIS REPORTING TO NEW STATION IN THE UNITED STATES, WAS ASSIGNED TO TEMPORARY DUTY AT ANOTHER FOREIGN CITY TO WHICH HE HAD TRAVELED WHILE ON LEAVE AND NOT UNDER ORDERS, HE IS NOT ENTITLED TO ANY TRAVELING EXPENSES UNDER SUBSEQUENT ORDERS FIXING THE PLACE OF TEMPORARY DUTY AS HIS NEW PERMANENT DUTY STATION SINCE NO TRAVEL WAS REQUIRED UNDER SAID ORDERS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO HENRY B. BALL, SPECIAL DISBURSING AGENT, JANUARY 2, 1940:

THERE HAS BEEN RECEIVED YOUR REQUEST OF OCTOBER 28, 1939, FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY MAJ. LOWELL M. RILEY, FIELD ARTILLERY, UNITED STATES ARMY, THE AMOUNT OF $59.96, COVERING HIS CLAIM, UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, FOR REIMBURSEMENT OF THE COST OF CONSTRUCTIVE RAIL TRANSPORTATION AND FIRST CLASS SLEEPING CARFARE FROM BUDAPEST, HUNGARY, TO PARIS, FRANCE, FOR TRAVEL STATED TO HAVE BEEN PERFORMED AUGUST 25 TO 27, 1939. IT IS STATED ON THE VOUCHER THAT:

MAJOR LOWELL M. RILEY, F.A., WAS BY PAR. 34, SPECIAL ORDERS NO. 85, WAR DEPARTMENT, APRIL 12, 1939, RELIEVED FROM DUTY AS MILITARY ATTACHE AT BUCHAREST, RUMANIA, EFFECTIVE ABOUT MAY 1, 1939, AND ASSIGNED TO DUTY AT FORT SILL, OKLAHOMA. BY PAR. 1, OF THE SAME ORDER HE WAS GIVEN LEAVE OF ABSENCE FOR FOUR MONTHS WITH PERMISSION TO TRAVEL ABROAD.

BY REASON OF TELEGRAPHIC ORDERS RECEIVED FROM THE OFFICE OF THE ADJUTANT GENERAL HE WENT TO LONDON, ENGLAND, FROM BUCHAREST ON JUNE 2, 1939, FOR A PHYSICAL EXAMINATION. HE THEN RETURNED, FOR HIS OWN CONVENIENCE, TO BUDAPEST, A LESS DISTANCE THAN TO BUCHAREST.

HE CAME TO PARIS, FRANCE, ARRIVING ON AUGUST 27, 1939, WHERE HE WAS PLACED ON TEMPORARY DUTY IN ACCORDANCE WITH TELEGRAPHIC INSTRUCTIONS RECEIVED FROM THE OFFICE OF THE ADJUTANT GENERAL. PAR. 5, SPECIAL ORDERS NO. 212, WAR DEPARTMENT, SEPTEMBER 12, 1939, RELIEVED HIM FROM ASSIGNMENT TO FORT SILL AND PLACED HIM ON DUTY AS AN ASSISTANT MILITARY ATTACHE AT PARIS, FRANCE. COPIES OF THE ORDERS AND TELEGRAMS MENTIONED HEREIN ARE FILED HEREWITH.

THE ORDERS ATTACHED ARE AS FOLLOWS:

SPECIAL ORDERS NO. 85, WAR DEPARTMENT, DATED APRIL 12, 1939, PARAGRAPHS 1 AND 34:

1. LEAVE OF ABSENCE IS GRANTED TO EACH OF THE FOLLOWING-NAMED OFFICERS, EFFECTIVE ON OR ABOUT THE DATE SPECIFIED:

MAJOR LOWELL M. RILEY ( FIELD ARTILLERY), GENERAL STAFF CORPS, FOUR MONTHS, MAY 1, 1939, WITH PERMISSION TO VISIT FOREIGN COUNTRIES.

34. MAJOR LOWELL M. RILEY, FIELD ARTILLERY, IS RELIEVED FROM ASSIGNMENT AND DUTY AS ACTING MILITARY ATTACHE TO RUMANIA, BUCHAREST, RUMANIA, EFFECTIVE ON OR ABOUT MAY 1, 1939, IS THEN ASSIGNED TO THE ST FIELD ARTILLERY, FORT SILL, OKLAHOMA, WILL PROCEED TO THAT STATION AND REPORT FOR DUTY ACCORDINGLY. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. IN LIEU OF SUBSISTENCE A FLAT PER DIEM OF $6.00 IS AUTHORIZED, IN ACCORDANCE WITH EXISTING LAW AND REGULATIONS. FD 1432 P 1-0620, 80- 0600 A 10410-9 FROM BUCHAREST TO NEW NEW YORK, NEW YORK, AND FD 1407 P 1- 0620, 80-0600 A 10410-9 FROM NEW YORK TO FORT SILL. IF THE TRAVEL FROM NEW YORK TO FORT SILL IS PERFORMED BY PRIVATELY OWNED AUTOMOBILE DETACHED SERVICE FOR SEVEN DAYS IS AUTHORIZED ( A.G. 210.681) (10 APR. 39).

BY ORDER OF THE SECRETARY OF WAR:

UNDATED TELEGRAM STATED TO HAVE BEEN RECEIVED MAY 6, 1939: U.S. GOVT.MIL. ATTACHE. AM. LEGATION. BUC. CDE. WASHINGTON.

SIX FIFTH THE SECRETARY OF WAR DIRECTS SPECIAL PHYSICAL EXAMINATION PRIOR TO JUNE 30, 1939, BY NAVAL MEDICAL OFFICER OF ALL REGULAR ARMY OFFICERS ON DUTY OR ON LEAVE IN EUROPE AND AFRICA. YOU AND OFFICERS IN YOUR COUNTRY WILL COMMUNICATE WITH THE UNITED STATES NAVAL ATTACHE, AMERICAN EMBASSY AT LONDON, ENGLAND, FOR INFORMATION AS TO WHERE AND WHEN TO REPORT FOR THIS PHYSICAL EXAMINATION. IT IS DESIRED THAT THIS EXAMINATION BE COMPLETED AS SOON AS PRACTICABLE AND NOT LATER THAN JUNE 30, 1939. REPORT WHEN COMPLETED. TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 1401 P 177-0620 A 10410-9. IN LIEU OF SUBSISTENCE A FLAT PER DIEM OF SIX DOLLARS IS AUTHORIZED IN ACCORDANCE WITH EXISTING LAW AND REGULATIONS.

ADAMS.

TELEGRAM DATED AUGUST 25, 1939: FROM: WASHINGTON. TO: MILITARY ATTACHE, AMERICAN EMBASSY, PARIS. 2707 TWENTY-FOURTH.

HOLD MAJOR LOWELL M. RILEY TEMPORARY DUTY PENDING FURTHER INSTRUCTIONS.

ADAMS.

SPECIAL ORDERS NO. 212, WAR DEPARTMENT, DATED SEPTEMBER 12, 1939:

MAJOR LOWELL M. RILEY, FIELD ARTILLERY, NOW ON TEMPORARY DUTY IN THE OFFICE OF THE MILITARY ATTACHE, PARIS, FRANCE, IS RELIEVED FROM ASSIGNMENT TO THE ST FIELD ARTILLERY, FORT SILL, OKLAHOMA, IS ASSIGNED TO DUTY AS ASSISTANT MILITARY ATTACHE TO FRANCE, PARIS, FRANCE AND WILL REPORT TO THE MILITARY ATTACHE FOR DUTY. THE NAME OF MAJOR RILEY IS PLACED ON THE DETACHED OFFICERS' LIST ( A.G. 210.681) (11 SEPT. 39).

THE ACT OF JUNE 12, 1906, 34 STAT. 247, 10 U.S.C. 743, PROVIDES:

* * * WHEN THE STATION OF AN OFFICER IS CHANGED WHILE HE IS ON LEAVE OF ABSENCE HE WILL ON JOINING THE NEW STATION BE ENTITLED TO MILEAGE FOR THE DISTANCE TO THE NEW STATION FROM THE PLACE WHERE HE RECEIVED THE ORDER DIRECTING THE CHANGE, PROVIDED THE DISTANCE BE NO GREATER THAN FROM THE OLD TO THE NEW STATION; BUT IF THE DISTANCE BE GREATER HE WILL BE ENTITLED TO MILEAGE FOR A DISTANCE EQUAL TO THAT FROM THE OLD TO THE NEW STATION ONLY: * * * THIS STATUTORY RULE IS APPLICABLE ALSO TO TRAVEL EXPENSES WHERE THAT METHOD OF REIMBURSEMENT IS REQUIRED INSTEAD OF MILEAGE.

IT WOULD APPEAR THIS OFFICER TRAVELED TO PARIS, WHILE ON LEAVE, AND WHILE THERE, HE WAS PLACED ON TEMPORARY DUTY. THE TRAVEL TO SUCH TEMPORARY DUTY STATION WAS NOT PERFORMED UNDER ORDERS OF AN OFFICER AUTHORIZED TO DIRECT TRAVEL TO THAT PLACE. SPECIAL ORDERS NO. 85 ASSIGNING THE OFFICER TO FORT SILL NEVER BECAME EFFECTIVE AS THE OFFICER WAS RELIEVED FROM SUCH ASSIGNMENT WHILE ON TEMPORARY DUTY IN THE OFFICE OF THE MILITARY ATTACHE, PARIS, FRANCE. THE OFFICER WAS AT PARIS ON LEAVE WHEN ASSIGNED TO TEMPORARY DUTY THERE, AND WHEN ASSIGNED SEPTEMBER 12, 1939, TO DUTY AS ASSISTANT MILITARY ATTACHE, NO TRAVEL WAS REQUIRED AND NONE WAS PERFORMED UNDER SPECIAL ORDERS NO. 212. PAYMENT OF TRAVELING EXPENSES UNDER SUCH ORDERS IS NOT AUTHORIZED.