B-94104, APRIL 27, 1950, 29 COMP. GEN. 431

B-94104, APRIL 27, 1950, 29 COMP. GEN. 431

TRAVELING EXPENSES - ARMY MANEUVERS; TRAVEL REGULATIONS ISSUANCE UNDER CAREER COMPENSATION ACT OF 1949 UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942--- CURRENTLY IN EFFECT PENDING ISSUANCE OF TRAVEL REGULATIONS UNDER THE CAREER COMPENSATION ACT OF 1949--- THE SECRETARY OF THE ARMY HAS DEFINED THE TERM "TRAVEL STATUS" AS INCLUDING TEMPORARY DUTY IN CONNECTION WITH MANEUVERS, SO THAT INDIVIDUALS ORDERED TO ONE OR MORE OF THE HEADQUARTERS OF THE MANEUVER OPERATIONS FOR TEMPORARY DUTY MAY BE REIMBURSED FOR TRAVELING EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE WHEN PROPERLY PRESCRIBED, PROVIDED THEY ARE NOT IN A TRAVEL WITH TROOPS STATUS. THE TRAVEL REGULATIONS TO BE ISSUED BY THE RESPECTIVE SECRETARIES CONCERNED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, PROVIDING GENERALLY FOR PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES, MAY AUTHORIZE THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE WHEN PROPERLY PRESCRIBED, TO INDIVIDUALS ORDERED TO TEMPORARY DUTY IN CONNECTION WITH MANEUVERS.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, APRIL 27, 1950:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 28, 1950, RELATIVE TO JOINT PEACETIME FIELD EXERCISES OR MANEUVERS HELD BY THE ARMED FORCES WHEREIN YOU REQUEST DECISION ON CERTAIN QUESTIONS INVOLVING THE PAYMENT OF TRAVEL EXPENSES, INCLUDING A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE, TO CERTAIN PERSONNEL ON TEMPORARY DUTY IN CONNECTION WITH SUCH EXERCISES OR MANEUVERS WHO ARE NOT ON DUTY WITH TROOPS AND WHO ARE NOT SUBSISTED OR QUARTERED BUT ARE REQUIRED TO EXPEND THEIR PERSONAL FUNDS FOR FOOD AND LODGING.

YOU STATE THAT THE PERSONNEL IN QUESTION FALL INTO TWO CLASSES AS FOLLOWS:

(A) INDIVIDUALS ORDERED FROM THEIR PERMANENT DUTY STATIONS FOR TEMPORARY DUTY AT ONE OR MORE OF THE HEADQUARTERS OF THE MANEUVER OPERATIONS, AS DISTINGUISHED FROM DUTY WITH PARTICIPATING TROOPS IN SAID MANEUVERS, WHERE THEIR DUTIES INVOLVE ADVANCE STAFF PLANNING AND INSTRUCTIONS IN MANEUVER TECHNIQUES, WINDING UP, AND EVALUATING THE MANEUVER.

(B) INDIVIDUALS WHO, WHEN ON TEMPORARY DUTY AT SUCH HEADQUARTERS, ARE ORDERED AWAY FROM THEIR POSTS OF DUTY TO TRAVEL TO AND BETWEEN THE VARIOUS COMMAND HEADQUARTERS OR PLACES WITHIN OR WITHOUT THE MANEUVER AREA FOR TEMPORARY DUTY CONNECTED WITH THE MANEUVERS.

YOU REQUEST DECISION, FIRST, AS TO WHETHER THE PERSONNEL DESCRIBED IN (A) ABOVE MAY, IN VIEW OF PARAGRAPH 2D (2) (D), ARMY REGULATIONS 35 4820, BE REIMBURSED FOR TRAVELING EXPENSES, INCLUDING A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE WHEN PROPERLY PRESCRIBED, AND, IF NOT, WHETHER SUCH PERSONNEL MAY BE REIMBURSED THOSE EXPENSES, INCLUDING THE PER DIEM ALLOWANCE, OTHERWISE PROPERLY PAYABLE, WHEN THEY ARE ENGAGED ON TEMPORARY DUTY AS DESCRIBED IN (B) ABOVE.

THE LAST PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 366, CURRENTLY IN EFFECT PENDING THE ISSUANCE OF TRAVEL REGULATIONS UNDER THE CAREER COMPENSATION ACT OF 1949--- SEE DECISION OF DECEMBER 23, 1949, B-91297, ANSWER TO THE SECOND QUESTION-- PROVIDES THAT THE HEAD OF THE DEPARTMENT CONCERNED MAY DETERMINE WHAT SHALL CONSTITUTE A TRAVEL STATUS AND TRAVEL WITHOUT TROOPS WITHIN THE MEANING OF THE LAWS GOVERNING THE PAYMENT OF MILEAGE OR OTHER TRAVEL EXPENSES. PURSUANT TO SUCH AUTHORITY THE SECRETARY OF THE ARMY HAS DEFINED THE TERM "TRAVEL TATUS" AS INCLUDING, INTER ALIA (PARAGRAPH 2D (2) (D), ARMY REGULATIONS 35 -4820, SUPRA/---

NECESSARY TEMPORARY DUTY AWAY FROM PERMANENT STATION WITHOUT REGARD TO WHETHER TRAVEL IS WITHIN DUTY DISTRICT AS DISTINGUISHED FROM OFFICIAL POST OF DUTY, OR WHETHER SOME DUTY EN ROUTE MAY BE INVOLVED, SUCH AS RECONNAISSANCE, MILITARY SURVEY, CONVOY, OR DUTY PERTAINING TO AERIAL OR OTHER MANEUVERS. (ITALICS SUPPLIED.) OTHER MANEUVERS. ( ITALICS SUPPLIED.) IT WAS POINTED OUT THAT THE ESTABLISHED RULE HAD BEEN THAT OFFICERS ENGAGED IN MANEUVERS WERE NOT TO BE REGARDED AS IN A TRAVEL STATUS OR AS CONTINUING IN A TRAVEL STATUS WHILE SO ENGAGED, EVEN THOUGH ONLY TEMPORARILY AWAY FROM THEIR DESIGNATED POSTS OF DUTY UNDER TRAVEL ORDERS. HOWEVER, IT WAS THERE RECOGNIZED THAT THE SECRETARY OF THE NAVY COULD, UNDER THE AUTHORITY GRANTED HIM BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, DEFINE TRAVEL STATUS TO INCLUDE OFFICERS WHILE ON TEMPORARY DUTY IN CONNECTION WITH MANEUVERS AND THUS MAKE IT POSSIBLE TO AUTHORIZE THE PAYMENT TO THEM OF A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE AS FOR OFFICERS TRAVELING AWAY FROM THEIR DESIGNATED POSTS OF DUTY PROVIDED, OF COURSE, THAT THEY WERE NOT TRAVELING WITH TROOPS WITHIN THE MEANING OF THAT TERM AS DEFINED BY HIM. AS AN EXAMPLE OF A DEFINITION OF THE TERM "TRAVEL STATUS" WHICH DID ACCOMPLISH THAT PURPOSE THE ATTENTION OF THE SECRETARY OF THE NAVY WAS INVITED TO THE DEFINITION OF THAT TERM AS CONTAINED IN PARAGRAPH 3 OF ARMY REGULATIONS 35-4820, DATED SEPTEMBER 19, 1942. THE SECRETARY OF THE NAVY SUBSEQUENTLY DEFINED THE TERM "TRAVEL STATUS" SO AS TO INCLUDE PERSONNEL ENGAGED IN MANEUVERS (SEE PARAGRAPH 3050-2-6, OF THE CURRENT NAVY TRAVEL INSTRUCTIONS) AND, INSOFAR AS HERE PERTINENT, THE SECRETARY OF THE ARMY HAS NOT MATERIALLY CHANGED HIS DEFINITION OF SUCH TERM. ACCORDINGLY, YOUR QUESTION WITH RESPECT TO THE PERSONNEL DESCRIBED IN CLASS (A) ABOVE IS ANSWERED IN THE AFFIRMATIVE, PROVIDED, OF COURSE, THEY ARE NOT IN A TRAVEL WITH TROOPS STATUS. SUCH CONCLUSION LEAVES AN ANSWER TO THE REMAINDER OF THAT QUESTION UNNECESSARY.

YOUR SECOND QUESTION IS WHETHER UNDER THE PROVISIONS OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, APPROVED OCTOBER 12, 1949, THE JOINT REGULATIONS ISSUED PURSUANT THERETO MAY AUTHORIZE THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES, INCLUDING A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE, UNDER CIRCUMSTANCES SIMILAR TO THOSE DISCUSSED ABOVE.

THE SAID SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 815, WHICH PROVIDES GENERALLY FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES, INCLUDING A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE, READS, IN PERTINENT PART, AS FOLLOWS:

(A) * * * THE RESPECTIVE SECRETARIES CONCERNED MAY PRESCRIBE (1) THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED * * *.

(G) THE SECRETARIES CONCERNED SHALL DETERMINE WHAT SHALL CONSTITUTE A TRAVEL STATUS.

THE AUTHORITY THUS GRANTED BY THE SAID CAREER COMPENSATION ACT OF 1949 IS AT LEAST AS BROAD AS THAT PREVIOUSLY GRANTED BY THE PAY READJUSTMENT ACT OF 1942, SUPRA, AND, ACCORDINGLY, YOUR SECOND QUESTION ALSO IS ANSWERED IN THE AFFIRMATIVE.