B-8343, FEBRUARY 15, 1940, 19 COMP. GEN. 728

B-8343, FEBRUARY 15, 1940, 19 COMP. GEN. 728

SUBSISTENCE - PER DIEMS - ARMY OFFICER TRAVELING BY AIR TO TEMPORARY DUTY OUTSIDE UNITED STATES AND BY OTHER MEANS OF TRAVEL FOR RETURN WHERE AN ARMY OFFICER TRAVELED BY MILITARY AIRPLANE TO A TEMPORARY DUTY STATION IN THE PANAMA CANAL ZONE AND RETURNED TO HIS PERMANENT STATION WITHIN THE LIMITS OF THE UNITED STATES BY ARMY TRANSPORT AND OVERLAND TRAVEL, ALL AS PROVIDED IN HIS ORDERS WHICH AUTHORIZED A PER DIEM ALLOWANCE FOR THE AIR TRAVEL AND FOR THE PERIOD OF TEMPORARY DUTY WHILE IN THE PANAMA CANAL DEPARTMENT, HE WAS NOT IN AN AIR TRAVEL STATUS AFTER HIS ARRIVAL BY AIRPLANE AT THE TEMPORARY DUTY STATION, WITHIN THE TERMS OF THE ACT OF MARCH 2, 1931, 46 STAT. 1461, WHICH CONTROLS AIR TRAVEL, BUT HE WAS IN A STATUS OF TRAVEL ON DUTY OUTSIDE THE LIMITS OF THE UNITED STATES WHILE AT THE TEMPORARY DUTY STATION, AND HENCE HE IS ENTITLED UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED, TO THE PER DIEM ALLOWANCE AUTHORIZED FOR THE TEMPORARY DUTY BY HIS ORDERS, IN ADDITION TO THE PER DIEM PAYMENT ALREADY MADE FOR THE TRAVEL BY AIR AND MILEAGE FOR THE OVERLAND TRAVEL IN THE UNITED STATES.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LIEUTENANT COLONEL W. M. DIXON, UNITED STATES ARMY, FEBRUARY 15, 1940:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 24, 1940, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY COLONEL FRANK S. CLARK ( CAC), GSC, U.S. ARMY, THE SUM OF $66 FOR PER DIEM WHILE ON TEMPORARY DUTY IN THE PANAMA CANAL DEPARTMENT, IN ADDITION TO $19.50 PAID FOR TRAVEL BY AIR ON VOUCHER 1733, YOUR JANUARY 1940 ACCOUNTS.

ORDERS OF NOVEMBER 27, 1939, FROM THE ADJUTANT GENERAL TO COLONEL CLARK, SHOWN TO BE A CORRECTED COPY (THE DATE AND NATURE OF CORRECTION MADE IS NOT SHOWN), ARE AS FOLLOWS:

1. THE SECRETARY OF WAR DIRECTS AS NECESSARY IN THE MILITARY SERVICE THAT YOU PROCEED FROM WASHINGTON, D.C., ON OR ABOUT DECEMBER 1, 1939, TO THE PANAMA CANAL DEPARTMENT, REPORTING UPON ARRIVAL TO THE COMMANDING GENERAL THEREOF FOR TEMPORARY DUTY FOR THE PURPOSE OF CARRYING OUT THE INSTRUCTIONS OF THE SECRETARY OF WAR. UPON COMPLETION OF THIS TEMPORARY DUTY YOU WILL RETURN TO THE UNITED STATES ON THE TRANSPORT SCHEDULED TO SAIL FROM PANAMA TO NEW YORK, NEW YORK, ON OR ABOUT DECEMBER 17, 1939, AND UPON ARRIVAL IN THE UNITED STATES PROCEED TO YOUR PROPER STATION, WASHINGTON, D.C.

2. AUTHORITY IS GRANTED YOU TO PERFORM THE TRAVEL BY MILITARY AIRCRAFT.

3. IN LIEU OF SUBSISTENCE A FLAT PER DIEM OF $6.00 IS AUTHORIZED FOR TRAVEL BY MILITARY AIRPLANE AND FOR THE PERIOD OF TEMPORARY DUTY WHILE IN THE PANAMA CANAL DEPARTMENT.

4. THE DUTIES TO BE PERFORMED IN THE PANAMA CANAL DEPARTMENT BEING EXCEPTIONAL WILL REQUIRE MORE THAN 72 HOURS FOR THEIR PERFORMANCE; THEREFORE A DELAY OF NOT TO EXCEED FIFTEEN DAYS IS AUTHORIZED.

5.THE TRAVEL INVOLVED IS CHARGEABLE TO FD 1401 P 160-0620 A 10410 0.

THE VOUCHER SHOWS THAT COLONEL CLARK DEPARTED FROM BOLLING FIELD, D.C., AT 6:25 A.M., DECEMBER 3, 1939, BY MILITARY AIRCRAFT, AND ARRIVED AT ALBROOK FIELD, C.Z., AT 9 A.M., DECEMBER 6, 1939, STOPPING EN ROUTE AT BROWNSVILLE, TEX., GUATEMALA CITY, GUATEMALA, AND DAVID, PANAMA. DEPARTED FROM THE PANAMA CANAL ZONE, AT 10 A.M., DECEMBER 17, 1939, ON THE U.S.A.T. GRANT. IT IS STATED HE HAS BEEN PAID PER DIEM OF $6 FOR THE PERIOD FROM 6:25 A.M., DECEMBER 3, 1939, TO 9 A.M., DECEMBER 6, 1939, AND MILEAGE FROM NEW YORK, N.Y., TO WASHINGTON, D.C.

UNDER THE QUOTED ORDERS COLONEL CLARK WAS DIRECTED TO PERFORM A SPECIFIC DUTY IN THE PANAMA CANAL DEPARTMENT. THE USE OF AN AIRPLANE AS A MEANS OF TRANSPORTATION WAS AUTHORIZED FOR TRAVEL FROM HIS PERMANENT STATION TO HIS TEMPORARY DUTY STATION, AND THE USE OF A TRANSPORT AND OVERLAND TRAVEL WAS AUTHORIZED FOR THE RETURN JOURNEY. A PER DIEM OF $6 WAS AUTHORIZED FOR THE TRAVEL BY MILITARY AIRCRAFT, AND FOR THE PERIOD OF TEMPORARY DUTY WHILE IN THE PANAMA CANAL DEPARTMENT.

THE ACT OF MARCH 2, 1931, 46 STAT. 1461, IS CONTROLLING IN THE CASE OF THE TRAVEL DIRECTED BY AIR, A-39204, OCTOBER 29, 1931; HOWEVER, THE AIR TRAVEL STATUS CREATED BY THE USE OF AN AIRPLANE AS A MEANS OF TRANSPORTATION, DOES NOT CONTROL THE RIGHT TO RECEIVE A PER DIEM ALLOWANCE WHILE IN THE PERFORMANCE OF DUTY OUTSIDE THE LIMITS OF THE UNITED STATES WHICH DOES NOT TERMINATE THE TRAVEL STATUS. WHILE THE OFFICER WAS NOT IN AN AIR TRAVEL STATUS AFTER ARRIVAL BY AIRPLANE IN THE PANAMA CANAL DEPARTMENT, HE WAS IN A CONTINUOUS STATUS OF TRAVEL ON DUTY OUTSIDE THE LIMITS OF THE UNITED STATES, AND WHILE IN A TRAVEL STATUS HE IS ENTITLED UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED, TO THE PER DIEM ALLOWANCE AUTHORIZED BY HIS ORDERS. IF OTHERWISE CORRECT, PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH.