A-68026, DECEMBER 20, 1935, 15 COMP. GEN. 547

A-68026, DECEMBER 20, 1935, 15 COMP. GEN. 547

MILEAGE - CROSS-COUNTRY FLIGHT - COMPLETION BY RAIL AN ARMY OFFICER DIRECTED TO MAKE A CROSS-COUNTRY FLIGHT BY ORDERS SPECIFICALLY PROVIDING THAT THE TRAVEL PERMITTED WOULD BE WITHOUT ADDITIONAL EXPENSE TO THE UNITED STATES OVER AND ABOVE THE COST OF OPERATION OF THE AIRPLANE, IS NOT ENTITLED TO MILEAGE FOR TRAVEL BY RAIL FROM PLACE OF DESTRUCTION OF THE AIRPLANE TO HOME STATION.

COMPTROLLER GENERAL MCCARL TO CAPT. GEORGE H. BROWN, UNITED STATES ARMY, DECEMBER 20, 1935:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. 0427284, DATED MAY 27, 1935, DISALLOWING YOUR CLAIM FOR MILEAGE FOR RAIL TRAVEL COMMENCED AUGUST 29, 1934, AT BETHANY, W.VA. FOLLOWING THE DESTRUCTION AT THAT PLACE BY FIRE OF THE GOVERNMENT AIRPLANE IN WHICH YOU WERE MAKING AN AUTHORIZED CROSS-COUNTRY FLIGHT, AND COMPLETED SEPTEMBER 13, 1934, AT SAN FRANCISCO, CALIF., YOUR PROPER STATION.

PARAGRAPH 2, OPERATIONS ORDERS NO. 172, HEADQUARTERS CRISSY FIELD, PRESIDIO OF SAN FRANCISCO, CALIF., DATED AUGUST 22, 1934, DIRECTED AS FOLLOWS:

2. PURSUANT TO AUTHORITY CONTAINED IN 6TH INDORSEMENT, WAR DEPARTMENT, A.G.O., FILE AG 580.81 (7-14-34) OFF., DATED AUGUST 9, 1934, TO: CAPTAIN GEORGE H. BROWN, AIR CORPS, THROUGH THE COMMANDING GENERAL, NINTH CORPS AREA, SECOND LIEUTENANT GEORGE H. MACINTYRE, AIR RES., PILOT, WITH CAPTAIN GEORGE H. BROWN, AIR CORPS, OBSERVER, WILL MAKE AN AVIATION FLIGHT TO CHICAGO, ILLINOIS, AND RETURN TO CRISSY FIELD, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, VIA LOS ANGELES, MARCH FIELD, TUCSON, ALBUQUERQUE, LORDSBURG, EL PASO, RANDOLPH FIELD, FORT CROCKETT, BATON ROUGE, NEW ORLEANS, MAXWELL FIELD, POPE FIELD, BOLLING FIELD, MITCHEL FIELD, PITTSBURGH, CHANUTE FIELD, CHICAGO, INDEPENDENCE, KANSAS, KANSAS CITY, FORT RILEY, POST FIELD, EL PASO, TUCSON, PHOENIX, MARCH FIELD, AND LOS ANGELES, DEPARTING FROM CRISSY FIELD ON OR ABOUT AUGUST 22, 1934, AND RETURNING THERETO ON OR ABOUT SEPTEMBER 8, 1934. A DELAY OF NOT TO EXCEED SEVENTY-TWO (72) HOURS IS AUTHORIZED AT CHICAGO, ILLINOIS. ALL SERVICE WILL BE OBTAINED AT AIR CORPS STATIONS, AND NO ADDITIONAL EXPENSE TO THE GOVERNMENT WILL BE INCURRED EXCEPT IN CASE OF EMERGENCY. ONLY NECESSARY DELAYS WILL BE MADE EN ROUTE. 0-25-C AIRPLANE, AIR CORPS NUMBER 32-188 WILL BE USED FOR THIS FLIGHT.

YOU STATE THAT IN COMPLIANCE WITH THESE ORDERS YOU DEPARTED FROM CRISSY FIELD AT 3:00 P.M., AUGUST 22, 1934, THAT ON AUGUST 29, 1934, AT ABOUT 12:10 P.M., WHILE EN ROUTE ON THE AUTHORIZED FLIGHT THE AIRPLANE THREW A CONNECTING ROD, BROKE THE GAS LINE AND TOOK FIRE IN THE AIR, WHICH MADE NECESSARY AN EMERGENCY LANDING, THAT THE AIRPLANE WAS TOTALLY CONSUMED BY FIRE, THAT AFTER PICTURES HAD BEEN TAKEN OF THE REMAINS OF THE WRECK AND TESTIMONY HAD BEEN RECEIVED FROM WITNESSES OF THE ACCIDENT, THE PILOT AND YOURSELF PROCEEDED TO WELLSBURG, W.VA., FROM WHICH PLACE FULL PARTICULARS WERE REPORTED AT 3:27 P.M., BY TELEGRAM TO LIEUTENANT MCDARMANT, THE OFFICER IN COMMAND OF AIR CORPS TROOPS AT PITTSBURGH, PA., THE STATION FROM WHICH YOU HAD DEPARTED APPROXIMATELY 30 MINUTES PRIOR TO THE ACCIDENT, AND REQUESTED HIM TO NOTIFY CHANUTE FIELD, THE IMMEDIATE DESTINATION, AND CRISSY FIELD, THE HOME STATION, AND THAT YOU THEN PROCEEDED AT YOUR OWN EXPENSE TO CHICAGO, ILL., WHERE YOU REPORTED THE FOLLOWING MORNING TO HEADQUARTERS, SIXTH CORPS AREA, AND REQUESTED TRANSPORTATION TO YOUR PROPER STATION. ON SEPTEMBER 10, 1934, THE FOLLOWING RADIOGRAM WAS SENT FROM THE ADJUTANT GENERAL OF THE ARMY TO THE COMMANDING GENERAL, SIXTH CORPS AREA:

RE YOUR RAD SEPTEMBER 8 DESIRING RECONSIDERATION ON REQUEST FOR RAIL TRANSPORTATION FUNDS FOR CAPTAIN GEORGE H. BROWN, AIR CORPS, AND LIEUTENANT GEORGE H. MACINTYRE, AIR CORPS RESERVE, NO FUNDS AVAILABLE OR AUTHORIZED FOR PURPOSE INVOLVED. REGRET THAT IT IS NECESSARY FOR THESE OFFICERS TO RETURN TO THEIR HOME STATION WITHOUT FURTHER DELAY AND WITHOUT ADDITIONAL EXPENSE TO THE GOVERNMENT.

THE CHIEF OF THE AIR SERVICE REPORTED APRIL 19, 1935, AS FOLLOWS:

1. IT IS RECOMMENDED THIS CLAIM BE NOT ALLOWED.

2. THE ORDERS WHICH DIRECTED THESE OFFICERS TO MAKE AN AVIATION FLIGHT FROM CRISSY FIELD, CALIF., TO CHICAGO, ILL., VIA THE POINTS NAMED THEREIN, SPECIFICALLY STATED THAT NO EXPENSE TO THE GOVERNMENT, EXCEPT FOR SERVICE AT AIR CORPS STATIONS, WOULD BE INCURRED EXCEPT IN CASE OF EMERGENCY. THE AUTHORITY CITED IN PAR. 2, BASIC LETTER, NAMELY PARAGRAPH 1, G (2), A.R. 35-4830, FOR PAYMENT OF MILEAGE TO CRISSY FIELD, DOES NOT, IN THE OPINION OF THIS OFFICE, APPLY IN CASES OF THIS KIND, BUT ONLY IN CASES WHERE PERSONNEL ARE ORDERED ON A JOURNEY BY AIR ON OFFICIAL BUSINESS AND ARE PREVENTED FROM COMPLETING SAME DUE TO FORCED LANDINGS, ACCIDENTS, MECHANICAL TROUBLES, ETC.

3. THE NORMAL PROCEDURE IN CASES OF THIS KIND, AS PRESCRIBED IN A.R. 95- 120 IS FOR PERSONNEL INVOLVED IN AN AIRPLANE ACCIDENT WHEN ON A CROSS COUNTRY FLIGHT, TO REPORT BY TELEGRAPH TO THE NEAREST AIR CORPS STATION. ARRANGEMENTS ARE THEN MADE TO TRANSPORT THEM TO THE NEAREST AIR CORPS STATION WHERE AIRPLANES ARE AVAILABLE TO TRANSPORT THEM TO THEIR HOME STATIONS. IF CAPTAIN BROWN AND LIEUT. MACINTYRE, WHO CRASHED NEAR BETHANY, W.VA., A SHORT DISTANCE FROM PITTSBURGH, PA., HAD TELEGRAPHED EITHER TO THE COMMANDING OFFICER, PITTSBURGH AIRPORT, OR THE COMMANDING OFFICER, WRIGHT FIELD, O., ARRANGEMENTS COULD HAVE BEEN MADE FOR THEIR RETURN BY AIRPLANE TO CRISSY FIELD AT NO ADDITIONAL EXPENSE TO THE GOVERNMENT. INSTEAD OF TAKING SUCH ACTION THEY ELECTED TO PROCEED TO CHICAGO FOR THEIR OWN CONVENIENCE FROM WHICH POINT AIR TRANSPORTATION TO CRISSY FIELD WAS NOT AVAILABLE.

YOU CONTEND THAT MILEAGE IS PAYABLE UNDER PARAGRAPH 1 G (2) OF ARMY REGULATION 35-4830, AS FOLLOWS:

AN OFFICER DIRECTED TO MAKE A CROSS-COUNTRY FLIGHT TO A POINT WHO FINDS IT NECESSARY TO MAKE A FORCED LANDING AND TO RETURN TO HIS STATION BY RAIL IS NOT ENTITLED TO ACTUAL EXPENSES UNDER THE ACT OF JULY 11, 1919, BUT TO MILEAGE UNDER THE MILEAGE LAW FOR THE RETURN TRAVEL BY RAIL UNDER COMPETENT ORDERS. MS. COMP. GEN., AUG. 27, 1921.

AS INDICATED, THIS PARAGRAPH MERELY SUMMARIZES A DECISION OF THIS OFFICE OF AUGUST 27, 1921 (1 MS. COMP. GEN. 632), IN WHICH IT WAS HELD THAT AN OFFICER OF THE AIR CORPS WHO, WHILE ON A CROSS-COUNTRY FLIGHT, WAS COMPELLED TO MAKE A FORCED LANDING AT HARLINGEN, TEX., AND TO WHOM CONFIRMATORY ORDERS WERE ISSUED COVERING TRAVEL FROM PLACE OF FORCED LANDING TO KELLEY FIELD, WAS ENTITLED TO MILEAGE FOR SUCH LAND TRAVEL AND NOT TO ACTUAL EXPENSES AS FOR TRAVEL BY AIR. NEITHER THAT DECISION NOR ANY OTHER DECISION OF THIS OFFICE HAS DISPENSED WITH THE STATUTORY REQUIREMENTS AS TO THE PAYMENT OF MILEAGE NOR WITH THE AUTHORITY OF THE WAR DEPARTMENT TO PERMIT AN OFFICER TO LEAVE HIS STATION UNDER THE CONDITION THAT SUCH TRAVEL FROM AND RETURN TO HIS STATION SHALL BE WITHOUT EXPENSE TO THE UNITED STATES. SECTION 12 OF THE JOINT PAY ACT OF JUNE 10, 1922, PROVIDES FOR THE PAYMENT OF MILEAGE TO OFFICERS OF THE ARMY "TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS.' THE ACT OF MARCH 3, 1883 (22 STAT. 456), REQUIRES THAT FOR PAYMENT OF MILEAGE "THE NECESSITY FOR SUCH TRAVEL IN THE MILITARY SERVICE SHALL BE CERTIFIED TO BY THE OFFICER ISSUING THE ORDER AND STATED IN THE ORDER" AND THE ACT OF AUGUST 6, 1894 (28 STAT. 237), PROVIDES THAT "ALL ORDERS INVOLVING THE PAYMENT OF MILEAGE SHALL STATE THE SPECIAL DUTY ENJOINED.' IN THE CASE OF MAJOR GENERAL FOULOIS, A-59554, JANUARY 23, 1935 (14 COMP. GEN. 571), IT WAS SAID:

THE AUTHORITY--- THE PERMISSION--- OF THE ORIGINAL ORDER WAS TO GO AND RETURN BY AIR WITHOUT EXPENSE TO THE GOVERNMENT. A CHANGE IN THE METHOD OF TRANSPORTATION--- FROM AIR TO RAIL, OR VICE VERSA--- FURNISHES NO BASIS FOR SHIFTING THE BURDEN OF THE EXPENSE INVOLVED IN THE TRAVEL--- SUCH EXPENSE HAVING BEEN A QUESTION SHOWN BY THE ORDER AS INITIALLY CONSIDERED AND ADMINISTRATIVELY DETERMINED NOT TO BE AT THE EXPENSE OF THE GOVERNMENT, AND THE ORDER SO CONDITIONED. THE CONCLUSION IS REQUIRED THAT SUCH TRAVEL AS THE ORDERS ORIGINALLY MAY HAVE PERMITTED WAS REQUIRED TO BE WITHOUT EXPENSE TO THE GOVERNMENT, AND UPON THE FACTS NOW APPEARING YOU ARE ADVISED THAT PAYMENT OF THE VOUCHER WHICH WILL BE RETAINED IN THE FILES OF THIS OFFICE MAY NOT BE MADE TO MAJOR GENERAL FOULOIS AS MILEAGE FROM DAYTON, OHIO, TO WASHINGTON, D.C.--- THAT IS, IN SUBSTANCE AS REIMBURSEMENT TO HIM OF EXPENSES INCURRED BY HIM IN RETURNING FROM A POINT TO WHICH HE WAS AUTHORIZED TO VISIT ONLY AT HIS OWN EXPENSE.

YOU HAVE SUBMITTED NO ORDERS PURPORTING TO DIRECT TRAVEL BY RAIL TO RETURN TO YOUR STATION AS NECESSARY IN THE MILITARY SERVICE AFTER YOUR DEPARTURE THEREFROM UNDER ORDERS SPECIFICALLY PROVIDING THAT THE TRAVEL PERMITTED WOULD BE WITHOUT ADDITIONAL EXPENSE TO THE UNITED STATES OVER AND ABOVE THE COST OF OPERATION OF THE AIRPLANE. THE EXCEPTION IN THE ORDERS TO A "CASE OF EMERGENCY" HAD REFERENCE TO SERVICING TO BE OBTAINED AT AIR CORPS STATIONS, NOT TO LAND TRAVEL BY THE OFFICERS CONCERNED SHOULD THE FLIGHT NOT BE COMPLETED. THE CLAIM WAS PROPERLY DISALLOWED AND MAY NOT BE MODIFIED.