B-20377, NOVEMBER 14, 1941, 21 COMP. GEN. 451

B-20377, NOVEMBER 14, 1941, 21 COMP. GEN. 451

MILEAGE - TRAVEL BY PRIVATELY OWNED CONVEYANCE - MILITARY, NAVAL, ETC., PERSONNEL - ADVANCE PAYMENT THE MONEY ALLOWANCE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE WHICH, UNDER THE ACT OF MAY 29, 1928, MAY BE PAID TO ARMY, NAVY, ETC., PERSONNEL IN LIEU OF TRANSPORTATION IN KIND WHEN TRAVELING UNDER COMPETENT ORDERS MAY NOT BE PAID IN ADVANCE OF THE TRAVEL.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, NOVEMBER 14, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 9, 1941, TRANSMITTING A LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, DATED AUGUST 21, 1941, AS FOLLOWS:

1. THE COMPTROLLER GENERAL IN DECISION OF MARCH 14, 1941, HELD THAT ENLISTED MEN OF THE NAVAL RESERVE DISCHARGED AT OTHER THAN EXPIRATION OF ENLISTMENT FOR ANY OF THE CAUSES, WHICH, UNDER ARTICLE D-9119 BUREAU OF NAVIGATION MANUAL, WOULD ENTITLE AN ENLISTED MAN OF THE REGULAR NAVY TO TRAVEL ALLOWANCE, ARE ENTITLED TO TRANSPORTATION IN KIND AND SUBSISTENCE FROM PLACE OF DISCHARGE TO PLACE FROM WHICH ORDERED TO ACTIVE DUTY. THIS RULING IS IN AGREEMENT WITH PRIOR DECISIONS OF THE COMPTROLLER GENERAL UNDER WHICH ENLISTED MEN OF THE NAVAL RESERVE UPON RELEASE FROM ACTIVE OR TRAINING DUTY HAVE BEEN FURNISHED WITH TRANSPORTATION IN KIND AND SUBSISTENCE FROM PLACE OF RELEASE TO PLACE FROM WHICH ORDERED TO ACTIVE OR TRAINING DUTY.

2. UNDER THE AUTHORITY CONTAINED IN THE ACT OF MAY 29, 1928, ENLISTED MEN OF THE NAVAL RESERVE WHO ARE ENTITLED TO TRANSPORTATION IN KIND UPON DISCHARGE AT OTHER THAN EXPIRATION OF ENLISTMENT OR UPON RELEASE FROM ACTIVE OR TRAINING DUTY MAY BE AUTHORIZED TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE. ( ART. 2503-5 U.S. NAVY TRAVEL INSTRUCTIONS.) IN THE CASE OF ENLISTED MEN OF THE REGULAR NAVY CASH FOR SUBSISTENCE EN ROUTE IS ADVANCED PRIOR TO COMMENCING TRAVEL AND PAYMENT OF THE RATE OF 3 CENTS PER MILE IS MADE UPON COMPLETION OF THE TRAVEL.

3. UNDER THE PROCEDURE WHICH HAS BEEN FOLLOWED BY THE NAVY DEPARTMENT FOR A NUMBER OF YEARS, THE DISBURSING OFFICERS CARRYING THE ACCOUNTS OF MEMBERS OF THE NAVAL RESERVE ON ACTIVE OR TRAINING DUTY CLOSE OUT THE ACCOUNT OF SUCH RESERVISTS TO AND INCLUDING THE DATE ON WHICH THEY COULD REACH THE PLACE FROM WHICH CALLED TO ACTIVE DUTY VIA THE SHORTEST USUALLY TRAVELED ROUTE AND PAYMENT OF THE AMOUNT DUE AS PAY AND ALLOWANCES IS MADE AT THE TIME THE MAN IS RELEASED FROM ACTIVE OR TRAINING DUTY. SUCH PROCEDURE IS IN ACCORD WITH THE DECISION OF THE COMPTROLLER OF THE TREASURY DATED MARCH 19, 1917, AND THE DECISION OF THE COMPTROLLER GENERAL, A-12008 DATED DECEMBER 21, 1925, APPROVING A PROPOSED CHANGE IN SECTION G OF THE PAY BILL INSTRUCTIONS.

4. IT IS RECOMMENDED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER ENLISTED MEN OF THE NAVAL RESERVE, WHO ARE AUTHORIZED TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE UPON DISCHARGE AT OTHER THAN EXPIRATION OF ENLISTMENT OR UPON RELEASE FROM ACTIVE OR TRAINING DUTY, MAY BE CREDITED WITH MILEAGE ALLOWANCE AS AUTHORIZED IN THE ACT OF MAY 29, 1928 ON DATE OF DISCHARGE OR RELEASE FROM ACTIVE OR TRAINING DUTY.

IN THE CITED DECISION OF MARCH 14, 1941, B-41980, 20 COMP. GEN. 519, IT WAS HELD THAT ENLISTED NAVAL RESERVISTS DISCHARGED AT OTHER THAN EXPIRATION OF ENLISTMENT WERE ENTITLED TO TRANSPORTATION AND SUBSISTENCE TO THE PLACE FROM WHICH THEY ENTERED UPON ACTIVE DUTY.

THE ACT OF MAY 29, 1928, 45 STAT. 975, 37 U.S.C. 20A, AMENDING SECTION 12 OF THE ACT OF JUNE 10, 1922, AS AMENDED, PROVIDES:

INDIVIDUALS BELONGING TO ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING THE NATIONAL GUARD AND THE RESERVES OF SUCH SERVICES, TRAVELING UNDER COMPETENT ORDERS WHICH ENTITLE THEM TO TRANSPORTATION OR TRANSPORTATION AND SUBSISTENCE AS DISTINGUISHED FROM MILEAGE, WHO, UNDER REGULATIONS PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED, TRAVEL BY PRIVATELY OWNED CONVEYANCE SHALL BE ENTITLED, IN LIEU OF TRANSPORTATION BY THE SHORTEST USUALLY TRAVELED ROUTE NOW AUTHORIZED BY LAW TO BE FURNISHED IN KIND, TO A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE FOR THE SAME DISTANCE: PROVIDED, THAT THIS PROVISION SHALL NOT APPLY TO ANY PERSON ENTITLED TO TRAVELING EXPENSES UNDER THE " SUBSISTENCE EXPENSE ACT OF 1926.'

UNLIKE THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, AUTHORIZING TRAVEL ALLOWANCE TO BE PAID ON THE DISCHARGE OF ENLISTED MEN, THE ACT OF MAY 29, 1928, ONLY PROVIDES FOR PAYMENT OF THE MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE, WHICH TRAVEL HAS BEEN AUTHORIZED UNDER COMPETENT ORDERS. THE MONEY ALLOWANCE PRESCRIBED BY THE 1928 ACT IS IN LIEU OF TRANSPORTATION IN KIND AND THE RIGHT THERETO MUST BE ESTABLISHED BY A SHOWING THAT THE TRAVEL WAS PROPERLY AUTHORIZED AND PERFORMED BY PRIVATELY OWNED CONVEYANCE. PAYMENT OF THE COMMUTATION BEING RESTRICTED TO THE EXTENT THAT THE MAN ACTUALLY PERFORMS THE ORDERED TRAVEL BY PRIVATELY OWNED CONVEYANCE IT MAY NOT BE PAID IN ADVANCE THEREOF.