B-4994, AUGUST 24, 1939, 19 COMP. GEN. 269

B-4994, AUGUST 24, 1939, 19 COMP. GEN. 269

SUBSISTENCE - PER DIEMS - DELAYS IN ARMY OFFICERS' TRAVEL BY AIR WHERE ARMY OFFICERS ARE OFFERED BY BASIC ORDERS TO TRAVEL BY AIR TO A TEMPORARY PLACE FOR DUTY, FROM THAT PLACE OF DUTY TO ANOTHER, AND RETURN TO THE FIRST, THE DIRECTION TO PROCEED TO THE OTHER PLACE STARTS A NEW PERIOD OF DELAY FOR PER DIEM IN LIEU OF ACTUAL AND NECESSARY TRAVELING EXPENSE PURPOSES WHITHIN THE MEANING OF THE APPLICABLE CONTINUOUS JOURNEY BY AIR REGULATIONS DESIGNATING THAT "A DELAY OF 15 DAYS IN A CONTINUOUS JOURNEY BY AIR MAY BE AUTHORIZED," BUT LOCAL ORDERS INDEPENDENTLY ISSUED FOR FLIGHTS AWAY FROM THE TEMPORARY DUTY STATION, OR VOLUNTARY FLIGHTS BY AN OFFICER, WOULD NOT SO OPERATE, AND BASIC ORDERS DIRECTING THE PERFORMANCE OF DUTY AT THE TEMPORARY STATION DURING A SPECIFIED PERIOD EXTENDING OVER 18 DAYS, EXCEPT FOR THE INTERVENING JOURNEY TO THE OTHER PLACE, ARE A SUFFICIENT COMPLIANCE WITH THE REQUIREMENTS OF THE REGULATIONS THAT THE ORDERS MUST PROVIDE FOR A DELAY IN EXCESS OF 72 HOURS BUT NOT EXCEEDING 15 DAYS OR THE TRAVEL IS NOT A CONTINUOUS JOURNEY BY AIR. AN OFFICER OF THE ARMY IS NOT ENTITLED TO THE PAYMENT OF HIS EXPENSES OF SUBSISTENCE EXCEPT WHEN IN A TRAVEL STATUS AND IF HIS AIR TRAVEL STATUS IN CONNECTION WITH MANEUVERS OR FIELD EXERCISES IN COOPERATION WITH GROUND TROOPS ALONE, HAS TERMINATED BECAUSE OF DELAY IN EXCESS OF 15 DAYS (WHERE THE ORDER FOR TRAVEL PROVIDES FOR DELAY OF 15 DAYS) AS SET OUT IN THE PER DIEM IN LIEU OF ACTUAL EXPENSE LIMITATION OF THE REGULATIONS REGARDING A CONTINUOUS JOURNEY BY AIR, AND NO OTHER LAW AUTHORIZES SUCH REIMBURSEMENT, HE WOULD NOT BE ENTITLED TO A PER DIEM ALLOWANCE OR A PER DIEM IN LIEU OF SUBSISTENCE. SPECIAL PROVISIONS FOR OFFICERS TRAVELING BY AIR TO, BUT NOT IN AN AIR TRAVEL STATUS WHILE ON, DUTY IN CONNECTION WITH THE NATIONAL GUARD AND ORGANIZED RESERVES, AND 14 COMP. GEN. 537, DISTINGUISHED.

COMPTROLLER GENERAL BROWN TO MAJ. L. W. MADDOX, UNITED STATES ARMY, AUGUST 24, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 10, 1939, FILE REFERENCE 245.7 REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS TRANSMITTED THEREWITH, ONE IN FAVOR OF CAPT. EUGENE H. RICE, AIR CORPS, UNITED STATES ARMY, IN THE AMOUNT OF $43.08, AND ONE IN FAVOR OF FIRST LT. ARTHUR L. LOGAN, AIR-1RESERVE, UNITED STATES ARMY IN THE SAME AMOUNT, COVERING PER DIEM ALLOWANCE OF $6 WHILE TRAVELING BY AIR FROM FORT BRAGG, N.C., TO FORT BARRANCAS, FLA., AND RETURN, AND A PER DIEM ALLOWANCE OF $2 WHILE AT FORT BARRANCAS, FROM APRIL 2 TO APRIL 14, 1939, AND APRIL 16 TO 20, 1939. YOU STATE YOU ARE IN DOUBT WHETHER UNDER THE PROVISIONS OF CIRCULAR 55, WAR DEPARTMENT, SEPTEMBER 26, 1938, THESE OFFICERS ARE ENTITLED TO REIMBURSEMENT OF PER DIEM AUTHORIZED, THEIR DUTY HAVING REQUIRED THEM TO EXCEED THE TIME LIMIT OF 15 DAYS PRESCRIBED IN PARAGRAPH 4, ARMY REGULATIONS 35-4820.

PARAGRAPHS 3 AND 4, SPECIAL ORDERS NO. 47, HEADQUARTERS, FORT BRAGG, N.C., DATED MARCH 31, 1939, ARE AS FOLLOWS:

PURSUANT TO AUTHORITY CONTAINED IN 12TH INDORSEMENT, 353--- COOPERATIVE AIR MISSIONS, HQ. FOURTH CORPS AREA, DATED MARCH 29, 1939, THE FOLLOWING NAMED OFFICERS AND ENLISTED MEN WILL PROCEED, AT THE PROPER TIME, BY AIR, IN ONE AIRPLANE, FROM THIS STATION TO FORT BARRANCAS, FLORIDA, ON TEMPORARY DUTY IN CONNECTION WITH COOPERATIVE AIR MISSIONS AT THAT PLACE DURING THE PERIOD APRIL 3-19, 1939, AND UPON COMPLETION OF THIS DUTY THEY WILL RETURN, BY AIR, TO FORT BRAGG, N.C., THEIR PROPER STATION:

CAPTAIN EUGENE H. RICE, AIR CORPS;

ST LIEUT. ARTHUR L. LOGAN, AIR-1RES.;

STAFF SERGEANT CHARLES B. CAUSEY, 6728132, 16TH OBSN. SQ;

A.C.;

PVT. 1 CL. EDDIE F. ROSE, JR., 6396591, 2ND BLN. SQ.,

A.C.;

PRIVATE JOE F. STROUD, 6922219, TH OBSN. SQ., A.C.

PAYMENT OF SIX DOLLARS ($6.00) PER DIEM WHILE TRAVELING BY AIR IS AUTHORIZED THE OFFICERS AND ENLISTED MEN, AND TWO DOLLARS ($2.00) PER DIEM WILL BE PAID THE OFFICERS WHILE AT FORT BARRANCAS, FLORIDA. THE ENLISTED MEN WILL BE ATTACHED TO AN ORGANIZATION FOR RATIONS AND QUARTERS WHILE AT FORT BARRANCAS, FLORIDA. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE: FD 1454 P 177-0620 A 10410-9,FD 1454 P 163-0621 A 10410-9, AND FD 1454 P 190-0623 A 10410-9.

PURSUANT TO AUTHORITY CONTAINED IN 12TH INDORSEMENT 353--- COOPERATIVE AIR MISSIONS, HQ. FOURTH CORPS AREA, DATED MARCH 29, 1939, BY AIR, IN ONE OFFICERS AND ENLISTED MEN WILL PROCEED, ON OR ABOUT APRIL 15, 1939, BY AIR, IN ONE AIRPLANE, FROM FORT BARRANCAS, FLORIDA, TO MAXWELL FIELD, ALABAMA, FOR THE PURPOSE OF PRESENTING B-10 AIRPLANE NO. 33-140 FOR MAINTENANCE, INSPECTION, AND UPON COMPLETION THEREOF THEY WILL RETURN TO FORT BARRANCAS, FLORIDA:

CAPTAIN EUGENE H. RICE, AIR CORPS;

ST LIEUT. ARTHUR L. LOGAN, AIR-1RES.;

STAFF SERGEANT CHARLES B. CAUSEY, 6728132, 16TH OBSN. SQ., A.C.

PAYMENT OF SIX DOLLARS ($6.00) PER DIEM WHILE TRAVELING BY AIR IS AUTHORIZED THE OFFICERS AND ENLISTED MAN, AND TWO DOLLARS ($2.00) PER DIEM WILL BE PAID THE OFFICERS WHILE AT MAXWELL FIELD, ALABAMA. THE ENLISTED MAN WILL BE ATTACHED TO AN ORGANIZATION FOR RATIONS AND QUARTERS WHILE AT MAXWELL FIELD, ALABAMA. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE: FD 1454 P 177-0620 A 10410-9, FD 1454 P 163-0621 A 10410-9, AND FD 1454 P 190-0623 A 10410-9.

PARAGRAPH 7, SPECIAL ORDERS NO. 53, SAME HEADQUARTERS, DIRECTED THAT:

SO MUCH OF PARAGRAPH 3, SPECIAL ORDERS NO. 47, THIS HEADQUARTERS, C.S., ORDERING AIR CORPS OFFICERS AND ENLISTED MEN TO FORT BARRANCAS, FLA., FOR TEMPORARY DUTY IN CONNECTION WITH COOPERATIVE AIR MISSIONS AT THAT PLACE, AS READS: " DURING THE PERIOD APRIL 3-19, 1939," IS AMENDED TO READ: " DURING THE PERIOD APRIL 3-20, 1939;,

IT APPEARS THAT PURSUANT TO SUCH ORDERS THE OFFICERS LEFT POPE FIELD, FORT BRAGG, N.C., AT 10:50 A.M., APRIL 2, 1939, AND ARRIVED AT FORT BARRANCAS, FLA., AT 4:30 P.M., THE SAME DAY; LEFT FORT BARRANCAS AT 8:30 A.M., APRIL 15, 1939, ARRIVED AT MAXWELL FIELD, ALA., AT 9:30 A.M., DEPARTED THENCE AT 12:40 P.M., AND ARRIVED AT FORT BARRANCAS AT 1:50 P.M.; LEFT FORT BARRANCAS AT 1:45 P.M; APRIL 20, 1939, AND ARRIVED AT POPE FIELD AT 11:15 A.M., APRIL 21, 1939.

SECTION 12, ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED BY SECTION 1, ACT OF MARCH 2, 1931, 46 STAT. 1461, PROVIDES:

* * * THAT FOR TRAVEL BY AIR UNDER COMPETENT ORDERS ON DUTY WITHOUT TROOPS, UNDER REGULATIONS TO BE PRESCRIBED RESPECTIVELY BY THE HEADS OF THE DEPARTMENTS CONCERNED, MEMBERS (INCLUDING OFFICERS, WARRANT OFFICERS, CONTRACT SURGEONS, ENLISTED MEN, FLYING CADETS, AND MEMBERS OF THE NURSE CORPS) OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, AND OF THE LEGALLY CONSTITUTED RESERVES OF SAID SERVICES WHILE ON ACTIVE DUTY, * * * SHALL, IN LIEU OF MILEAGE OR OTHER TRAVEL ALLOWANCES, BE ALLOWED AND PAID THEIR ACTUAL AND NECESSARY TRAVELING EXPENSES NOT TO EXCEED $8 PER DAY, OR IN LIEU THEREOF, PER DIEM ALLOWANCES AT RATES NOT TO EXCEED $6 PER DAY.

SECTION I, CIRCULAR NO. 55, WAR DEPARTMENT, DATED SEPTEMBER 26, 1938, PROVIDES:

I--- PAYMENT OF PER DIEM TO PERSONNEL TRAVELING BY AIR.--- PARAGRAPH 1, CIRCULAR NO. 49, WAR DEPARTMENT, 1935, IS RESCINDED AND THE FOLLOWING SUBSTITUTED THEREFOR:

1. A. OFFICERS, WARRANT OFFICERS, AND FLYING CADETS WHEN TRAVELING BY AIR IN DETACHMENTS OF LESS THAN AN AIR CORPS SQUADRON, IN CONNECTION WITH MANEUVERS AND FIELD EXERCISES OF GROUND TROOPS, WILL BE ENTITLED TO RECEIVE, SUBJECT TO THE AVAILABILITY OF FUNDS, A PER DIEM OF $2.00 IN LIEU OF SUBSISTENCE DURING ANY PERIOD THEY ARE TEMPORARILY AT A MILITARY POST, CAMP, OR STATION.

B. FOR ACTUAL PERIODS OF TRAVEL BY AIR FROM HOME STATION TO THE POINT OR POINTS FROM WHICH OPERATIONS WITH THE GROUND TROOPS TAKE PLACE AND RETURN TO PERMANENT STATION, ORDERS FOR OFFICERS, WARRANT OFFICERS, AND FLYING CADETS WILL PRESCRIBE A PER DIEM AS PROVIDED IN PARAGRAPHS G, 3, 4, AND 7, AR 35-4820. (SEE SEC. I, CIRCULAR NO. 36, N.D. 1938.)

2. THE PROVISIONS OF PARAGRAPH 1 APPLY TO ENLISTED MEN OF THE REGULAR ARMY EXCEPT IN THE FOLLOWING CASES:

A. NO PER DIEM IS AUTHORIZED FOR PERIODS WHEN ENLISTED PERSONNEL ARE FURNISHED BOTH QUARTERS AND SUBSISTENCE. (SEE PAR. 3.)

B. WHERE EITHER QUARTERS OR SUBSISTENCE IS FURNISHED, DEDUCTION WILL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 19 1/2, AR 35 4520.

3. WHERE QUARTERS AND SUBSISTENCE ARE AVAILABLE TO ENLISTED PERSONNEL, IT IS MANDATORY THAT SUCH QUARTERS AND SUBSISTENCE BE FURNISHED, AND MANDATORY THAT THE ENLISTED MEN ACCEPT THEM, EXCEPT AS PROVIDED IN PARAGRAPH 5. SIMILAR INSTRUCTIONS APPLY IN CASES WHERE ONLY ONE OR THE OTHER, I.E., QUARTERS OR SUBSISTENCE, IS AVAILABLE.

4. NO PER DIEM WILL BE ALLOWED, EXCEPT FOR ACTUAL PERIODS OF TRAVEL BY AIR FROM PERMANENT STATION AND RETURN THERETO AS PRESCRIBED IN PARAGRAPH B, WHEN AN AIR CORPS SQUADRON OR LARGER UNIT OPERATES IN A MANEUVER OR FIELD EXERCISE WITH GROUND TROOPS WHERE QUARTERS AND MESSING FACILITIES ARE AVAILABLE.

5. IF SUFFICIENT QUARTERS AND MESSING FACILITIES ARE NOT AVAILABLE UNDER ANY OF THE CONDITIONS MENTIONED HEREIN WHICH REQUIRE LODGING OR MESSING AWAY FROM THE AIR UNIT'S PERMANENT STATION, OR IT IS ADMINISTRATIVELY DETERMINED THAT IT IS IMPRACTICABLE FOR QUARTERS AND/OR SUBSISTENCE TO BE FURNISHED ENLISTED MEN DURING PERIODS OF STOPOVERS, THE LOCAL COMMANDING OFFICER WILL ACCOMPLISH A CERTIFICATE TO THAT EFFECT, IN WHICH CASE PER DIEM FOR "CONTINUOUS JOURNEY BY AIR" WILL BE PAID UNDER THE PROVISIONS OF THE EXISTING REGULATIONS. DEDUCTION AS INDICATED IN PARAGRAPH 19 1/2, AR 35-4520, WILL BE MADE WHEN REQUIRED.

6. "CONTINUOUS JOURNEYS" BY AIR OF INDIVIDUALS NOT MEMBERS OF A DETACHMENT OF LESS THAN AN AIR CORPS SQUADRON, IN CONNECTION WITH MANEUVERS AND FIELD EXERCISES, WILL BE HANDLED AS AT PRESENT UNDER THE PROVISIONS OF PARAGRAPH 48. AR 35-4820.

PARAGRAPH 4, ARMY REGULATIONS 35-4820, AUGUST 4, 1937, IS AS FOLLOWS:

4. TRAVEL BY AIR.--- A. DEFINED.--- THE TERM "TRAVEL BY AIR" IS DEFINED AS A JOURNEY IN AN AIRCRAFT MADE BY ORDERS OF COMPETENT AUTHORITY AND REQUIRING ONE OR MORE LANDINGS AWAY FROM THE STARTING POINT.

B. CONTINUOUS JOURNEY BY AIR.--- THE TERM "CONTINUOUS JOURNEY BY AIR" IS DEFINED AS ANY JOURNEY MADE IN AN AIRCRAFT BY ORDERS OF COMPETENT AUTHORITY FROM AND RETURN TO THE PLACE OF INITIAL DEPARTURE OR TO OTHER FINAL DESTINATION SPECIFIED IN THE ORDERS, WHICH REQUIRES ONE OR MORE LANDINGS, OR STOPS, PROVIDED THAT THE STOP, EXCEPT THAT DUE TO NECESSARY DELAY, IN ANY ONE LOCALITY DOES NOT EXCEED 72 HOURS; PROVIDED FURTHER,THAT WHERE IT HAS BEEN DETERMINED IN ADVANCE BY THE OFFICER ISSUING THE ORDER AND HE HAS SO STATED IN THE ORDER, THAT THE DUTIES ASSIGNED EN ROUTE ARE EXCEPTIONAL AND WILL PROBABLY REQUIRE MORE THAN 72 HOURS FOR THEIR PERFORMANCE, A DELAY OF 15 DAYS IN A CONTINUOUS JOURNEY BY AIR MAY BE AUTHORIZED. SEE 11 COMP. GEN. 437.

C. NECESSARY DELAY.--- THE TERM "NECESSARY DELAY" IS DEFINED AS A DELAY INCIDENT TO ONE OR MORE OF THE FOLLOWING CONDITIONS DURING A CONTINUOUS JOURNEY BY AIR:

(1) UNFAVORABLE WEATHER CONDITIONS.

(2) NECESSARY REPAIRS TO AERIAL EQUIPMENT.

UNDER THE ORDERS THESE OFFICERS HAD TWO DISTINCT PERIODS OF DELAY AT FORT BARRANCAS, FLA., THE FIRST FROM 4:30 P.M., APRIL 2, 1939, TO 8:30 A.M., APRIL 15, 1939, AND THE SECOND FROM 1:50 P.M., APRIL 15, TO 1:45 P.M., APRIL 20, 1939. THE DIRECTION TO PROCEED TO MAXWELL FIELD, ALA., STARTED A NEW PERIOD OF DELAY ON RETURN OF THE OFFICERS TO FORT BARRANCAS. IT IS TO BE NOTED THAT LOCAL ORDERS INDEPENDENTLY ISSUED FOR FLIGHTS AWAY FROM THE TEMPORARY DUTY STATION OR VOLUNTARY FLIGHTS BY AN OFFICER WOULD NOT SO OPERATE. BUT WHERE BASIC ORDER DIRECT TRAVEL TO A TEMPORARY PLACE FOR DUTY, FROM THAT TEMPORARY PLACE OF DUTY TO ANOTHER, AND RETURN TO THE FIRST, IT IS THE SAME AS A DIRECTION TO PROCEED TO THREE SUCCESSIVE PLACES FOR TEMPORARY DUTY AND THE DELAY PERIOD WILL APPLY AS TO EACH STOP AND NOT TO THE TOTAL OF THE DELAY AT A PARTICULAR TEMPORARY DUTY STATION. THE ORDERS DIRECTED THE PERFORMANCE OF DUTY AT FORT BARRANCAS DURING THE INCLUSIVE PERIOD APRIL 3 TO 20 (EXCEPT FOR THE JOURNEY TO MAXWELL FIELD AND RETURN) AND THAT IS A SUFFICIENT COMPLIANCE WITH THE REQUIREMENTS OF THE REGULATIONS THAT THE ORDERS MUST PROVIDE FOR A DELAY IN EXCESS OF 72 HOURS BUT NOT EXCEEDING 15 DAYS, OR THE TRAVEL IS NOT A CONTINUOUS JOURNEY BY AIR.

THE PAPERS CONTAIN AN ADMINISTRATIVE DETERMINATION BY THE ADJUTANT GENERAL--- FIFTH INDORSEMENT, JUNE 5, 1939, TO THE CHIEF OF FINANCE (1AG 245.6 (4-25-39) D/--- THAT UNDER THE PROVISIONS OF CIRCULAR 55, WAR DEPARTMENT, SEPTEMBER 26, 1938, IT WAS CONTEMPLATED THAT THE 15-DAY LIMITATION PRESCRIBED IN PARAGRAPH 4 OF AR 35-4820 WOULD NOT APPLY TO MILITARY PERSONNEL TRAVELING BY AIR ON TEMPORARY DUTY IN CONNECTION WITH MANEUVERS OR FIELD EXERCISES IN COOPERATION WITH GROUND TROOPS, THAT IS, ANY GROUND TROOPS INCLUDING REGULAR ARMY TROOPS ALONE. AN OFFICER OF THE ARMY IS NOT ENTITLED TO THE PAYMENT OF HIS EXPENSES OF SUBSISTENCE EXCEPT WHEN IN A TRAVEL STATUS AND IF THE AIR TRAVEL STATUS HAS TERMINATED BECAUSE OF DELAY IN EXCESS OF 15 DAYS (WHERE THE ORDER SO PROVIDES) AND NO OTHER LAW IS APPLICABLE TO THE SITUATION, THE OFFICER WOULD NOT BE ENTITLED TO A PER DIEM ALLOWANCE OR A PER DIEM IN LIEU OF SUBSISTENCE. THERE MAY HAVE ARISEN SOME CONFUSION IN THIS RESPECT BECAUSE OF THE SPECIAL PROVISIONS FOR OFFICERS TRAVELING ON DUTY IN CONNECTION WITH THE NATIONAL GUARD (SEC. 67, NATIONAL DEFENSE ACT) OR ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES; AS TO THE LATTER A SPECIFIC PROVISION IS MADE IN THE ANNUAL APPROPRIATION ACTS UNDER " ORGANIZED RESERVES" FOR ACTUAL EXPENSES OR PER DIEM IN LIEU OF SUBSISTENCE AS AUTHORIZED BY LAW FOR OFFICERS OF THE REGULAR ARMY TRAVELING ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES. SEE 14 COMP. GEN. 537, DECISION TO THE SECRETARY OF WAR, JANUARY 14, 1935, WHERE THE OFFICER, ASSIGNED TO DUTY AS INSTRUCTOR AT A RESERVE OFFICERS' TRAINING CAMP, TRAVELED BY AIR TO AND FROM THE CAMP, HIS AIR TRAVEL STATUS CEASED UPON ARRIVAL AND DID NOT REVIVE UNTIL DEPARTURE, BUT PER DIEM AS PRESCRIBED IN HIS ORDERS WAS AUTHORIZED UNDER THE PROVISION OF THE APPROPRIATION ACT FOR ACTUAL EXPENSES OR PER DIEM IN LIEU OF SUBSISTENCE FOR OFFICERS TRAVELING ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES, THE VIEW BEING THAT THE USE OF AN AIRPLANE IN TRAVELING TO AND FROM THE TRAINING CAMP DID NOT DEPRIVE HIM OF THE TRAVEL EXPENSES (THAT IS, PER DIEM) AT THE CAMP, ALTHOUGH NOT IN AN AIR TRAVEL STATUS AT THE CAMP. HE WAS IN A TRAVEL STATUS THE SAME AS OFFICERS WHO HAD PROCEEDED TO THE CAMP BY RAIL. AS PAYMENT OF EXPENSES OF SUBSISTENCE OR PER DIEM ALLOWANCE FOR TRAVEL BY AIR ARE PAYABLE ONLY DURING A CONTINUOUS JOURNEY BY AIR AND THAT HAS BEEN DEFINED FOR MANY YEARS AS NOT INCLUDING INDEFINITE DELAYS (SEE 11 COMP. GEN. 437), THE ADMINISTRATIVE INTERPRETATION OF WAR DEPARTMENT CIRCULAR 55 OF SEPTEMBER 26, 1938, WOULD SEEM TO CONTEMPLATE PAYMENTS THAT IN SOME CIRCUMSTANCES WOULD BE OPEN TO QUESTION IF THE AIR TRAVEL STATUS OF THE OFFICER TERMINATED BY DELAY IN EXCESS OF THE PERIOD FIXED BY REGULATIONS AND HIS ORDERS, AND NO OTHER PROVISION OF LAW AUTHORIZING TRAVEL EXPENSES WAS APPLICABLE, AS, FOR EXAMPLE, DUTY EXCLUSIVELY WITH REGULAR ARMY TROOPS.