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his pay on current pay rolls: Provided, That the aggregate sum of such deductions for any month shall not exceed two-thirds of the soldier's rate of pay for that month. And provided further, That whenever any part of the pay of a soldier for a certain month shall have been legally forfeited by sentence of court-martial, or otherwise legally authorized to be withheld, then no deduction under this Act shall be so applied as to reduce the actual pay received by the soldier for that month below one-third of his authorized rate of pay therefor: and provided further, That the Secretary of War may cause to be remitted and canceled any part of such indebtedness remaining unpaid either on honorable discharge of the enlisted man from the service, or prior thereto, when in his opinion the interests of the Government are best served by such action. And provided further, That nothing in this Act shall be construed to prevent collections of such indebtedness on final statements from pay, in the proportions hereinbefore indicated, or from clothing allowance savings. Act of May 22, 1928 (45 Stat. 698); act of June 26, 1934 (48 Stat. 1222); 10 U. 8. O. 8750.
1522. Subsistence allowance; major generals and brigadier generals.Every such officer shall be entitled to the same money allowance for subsistence as is authorized in section 5 of this Act for officers receiving the pay of the sixth period. * * Sec. 8, act of June 10, 1922 (42 Stat. 629); 37 U. S. O. 12.
For section 5 of this act, see 1523, post.
1523. Subsistence allowance; officers below grade of brigadier general.—That each commissioned officer on the active list, or on active duty below the grade of brigadier general or its equivalent, in any of the services mentioned in the title of this Act, shall be entitled at all times, in addition to his pay, to a money allowance for subsistence, the value of one allowance to be determined by the President for each fiscal year in accordance with a certificate furnished by the Secretary of Labor showing the comparative retail cost of food in the United States for the previous calendar year as compared with the calendar year 1922. The value of one allowance is hereby fixed at 60 cents per day for the fiscal year 1923, and this value shall be the maximum and shall be used by the President as the standard in fixing the same or lower values for subsequent years. To each officer of any of the said services receiving the base pay of the first period the amount of this allowance shall be equal to one subsistence allowance, to each officer receiving the base pay of the second, third, or sixth period the amount of this allowance shall be equal to two subsistence allowances, and to each officer receiving the base pay of the fourth or fifth period the amount of this allow. ance shall be equal to three subsistence allowances: Provided, That an officer with no dependents shall receive one subsistence allowance in lieu of the above allowances. Sec. 5, act of June 10, 1922 (42 stat. 628); 37 U. S. C. 9.
Provided further, That, effective from and after July 1, 1935, the value of one subsistence allowance, as that term is used in section 5 of the Pay Readjustment Act of June 10, 1922 (42 Stat. 628), as amended, shall be and remain fixed at 60 cents per day.
Act of Apr. 9, 1935 (49 Stat, 125); 37 U. S. C. 9a.
By Executive Order No. 6213 of July 25, 1933, the subsistence allowance was fixed at 51 cents per day for the fiscal year 1934, and by Executive Order No. 6769, June 30, 1934, at 57 cents per day for the fiscal year 1935.
For maximum total pay and allowances authorized, see 1488, ante.
1524. Subsistence allowance; warrant officers, and warrant officers, Army Wine Planter Service.-That warrant officers of the Army, including those of the Army Mine Planter Service, of the Navy, Marine Corps, and Coast Guard, shall be entitled at all times to the same money allowance for subsistence as is
authorized in section 5 of this Act for officers receiving the pay of the first period, * * *. Sec. 11, act of June 10, 1922 (42 Stat. 630); 37 U. 8. C. 19. 1525. Subsistence allowance; members of Army Nurse Corps.--*
Nurses shall be entitled to the same allowance for subsistence as is authorized in section 5 of this Act for officers receiving the pay of the first period,
Sec. 13, act of June 10, 1922 (42 Stat. 631); 37 U. 8. C. 22. 1526. Subsistence allowance; contract surgeons.
Contract surgeons serving full time shall have the
allowances for subsistence authorized for officers serving in their second pay period.
Sec. 1, act of June 10, 1922 (42 Stat. 627); 37 U. S. C. 5.
1527. For text of this section as published in the 1929 Edition, see 1482, ante. 1628. For text of this section as published in the 1929 Edition, see 1460a, ante.
1529. Transportation of Engineer officers on river and harbor work.--In their execution and inspection of river and harbor improvement work, at points beyond easy reach of ordinary regular transportation lines, Engineer officers are authorized to hire and use such transportation as they may consider desirable and advantageous to the progress of work. Sec. 9, act of July 25, 1912 (37 Stat. 233); 33 U. 8. C. 581.
1530. The text of this section as published in the 1929 Edition, based on section 12, act of February 2, 1901 (31 Stat. 750), is omitted as useless, in view of 1460a, ante, and section 9, National Defense Act, and no recommendation for its inclusion in the United States Code has been made (Memo. J. A. G., October 9, 1930).
1531. Transportation of dependents. That hereafter when any commissioned officer, noncommissioned officer of the grade of color sergeant and above, including any noncommissioned officer of the Marine Corps of corresponding grade, warrant officer, chief petty oficer, or petty officer (first class), having a wife or dependent child or children, is ordered to make a permanent change of station, the United States shall furnish transportation in kind from funds appropriated for the transportation of the Army,
to his new station for the wife and dependent child or children:
Provided further, That if the cost of such transportation exceeds that for transportation from the old to the new station the excess cost shall be paid to the United States by the officer concerned : Provided further, That transportation supplied the wife or dependent child or children of such officer, to or from stations beyond the continental limits of the United States, shall not be other than by Government transport, if such transportation is available: * *. Sec. 12, act of May 18, 1920 (41 Stat. 604); 10 U. S. C. 756; 14 U. 8. C. 130; 34 U. 8. C. 896; 42 U. S. O. 64.
Provided further, That the transportation privileges authorized by section 12 of the Act of Congress approved May 18, 1920, shall apply only to enlisted men of the first three grades : *
Scc. 46, added to act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761); act of June 20, 1936 (49 Stat. 1554); 10 U. 8. C. 756.
In lieu of the transportation in kind authorized by section 12 of an Act entitled “An Act to increase the efficiency of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service,” approved May 18, 1920, to be furnished by the United States for dependents, the President may authorize the payment in money of amounts equal to such commercial transportation costs when such travel shall have been completed. Dependent children shall be such as are defined in section 4 of this Act. Sec. 12, act of June 10, 1922 (42 Stat. 631); act of June 1, 1926 (44 Stat. 680); 37 U. 8. C. 21.
During the fiscal year 1935 and thereafter, the words "permanent change of station" as used in section 12 of the Act approved May 18, 1920 (41 Stat. 604), as amended, shall be held to include the home of an officer or man to which he is ordered in connection with retirement. Sec. 3, act of June 24, 1935 (49 Stat. 421); 10 U. 8. C. 7560; 34 U. 8. C. 8966; 42 U. 8. C. 646.
Transportation in kind for dependents is not affected by the pay readjustment act of June 10, 1922. See 1515, ante.
For definition of the words "child" and "children" as used in this section see 1484, ante.
Notes of Decisions
Officer ordered home for retirement.-An tion from which the officer is ordered is officer of the Navy, detached from duty and within or without the United States. The ordered to his home to await further orders, Comptroller General has held, on the conhas been ordered to make a permanent change trary, that no permanent change of station of station within the meaning of this sec- is involved in case the officer is ordered tion. Bullard v. U. S. (1928), 66 Ct. Cl. from a station within the United States, and 264,
he has refused to accept the Court of Claims An officer of the Navy, ordered to his decisions as binding upon his office in such home to await further orders, complying with cases. Held, the Secretary of the Navy the order, is making a permanent change should accept the opinion of the Attorney of station and is entitled to receive trans. General and the decisions of the Court of portation for his dependents. Henry v. U. S. Claims as controlling in the administration (1932), 74 Ct. Cl. 527.
of the statute, and should instruct his subWhere an officer of the Marine Corps, pur-ordinates accordingly. Held, further, the suant to orders preliminary to his being Comptroller General is bound as a matter placed on the retired list, proceeded to his of law by the construction placed upon the home to await orders, he was making a per- statute by the Attorney General and the manent change of station and was entitled Court of Claims. (1935) 38 Op. Atty. Gen. to transportation for his dependents not- 176. withstanding the travel involved was not Orders changed.-Where Navy travel reguperformed until after the effective date of lations provided that transportation for debis retirement. Baylis v. U. S. (1934), 79 pendents will be furnished after receipt of Ct. Ci, 486.
orders involving a permanent change of staAn Army officer, proceeding from a station tion, but prior to receipt of subsequent where he was on duty to his home pursuant orders involving another permanent change to orders to proceed to his home and await of station, and travel was not undertaken retirement, was making a permanent change until after receipt of subsequent orders, it is of station within the meaning of this sec. held that the Navy regulations are valid. tion. Chadbourne v. U. S. (1934), 80 Ct. Ci. Sherwood Picking v. U. S. (1938), 86 Ct. Cl. 221 ; McCabe v. U. S. (1936), 84 Ct. CI. 291. 590.
The Attorney General in an opinion to the Right of reimbursement.-The third paraSecretary of the Navy, and the Court of graph of tbis section does not give an officer Claims in Bullard v. United States, 66 Ct. an unqualified right to reimbursement for Cls. 264, and numerous subsequent decisions, transportation of dependents upon change have held that an officer detached from of station, and where the department reduty and ordered to his home to await fur- fused to authorize their transportation at ther orders has been ordered to make a the time the officer was to travel, giving as permanent change of station within the the reason therefor, unsettled conditions at meaning of Section 12 of the Act of May the new station, but the officer caused their 18, 1920, 41 Stat. 604 ; and under the Court transportation nevertheless, and subsequently of Claims decisions, which the Department secured no authorization, he cannot recover. of Justice has determined should not be Culp v. U. S. (1932), 76 Ct, Cl. 507. appealed, it is immaterial whether the sta
1531a. Transportation of effects.-* Provided, That hereafter baggage in excess of regulation change of station allowances may be shipped with such allowances, and reimbursement collected for transportation charges on such excess; * * * Act of Mar. 23, 1910 (36 Stat. 255); 10 U. 8. C. 821.
The only general statutory authority for transportation of effects of officers on permanent change of station is that contained in the annual military appropriation act for transportation of authorized baggage. (J. A. G. 524.21, March 26, 1932.)
Notes of Decisions Authority of Secretary of War. Under the the President, and the Secretary may, in provision in the annual appropriation act any case where he finds that it was imposautborizing transportation of baggage of the sible to ship on a Government bill-of-lading, Army, and paragraph 40a, AR 30–955, and ratify any shipment of such baggage made paragraph 66, AR 30–960, determination of at the personal expense of the officer, and the necessity of shipping authorized baggage direct reimbursement. (1934) 37 Op. Atty. by express is a matter exclusively within Gen. 534. the jurisdiction of the Secretary of War and
1531b. Transportation of motor vehicles.—Hereafter, no law or regulation authorizing or permitting the transportation at Government expense of the effects of officers, employees, or other persons, shall be construed or applied as including or authorizing the transportation of an automobile: Provided, That not more than $5,000 in any fiscal year may be expended for such purposes by the War Department, and not more than $5,000 in any fiscal year by the Navy Department. Sec. 209, Title II, Part II, act of June 30, 1932 (47 Stat. 405); 5 U. S. C. 730, 823a; 34 U. S. C. 898.
for transportation on Army vessels, notwithstanding the provisions of other law, of privately owned automobiles of Regular Army personnel upon change of station;
* Title 1, War Department Appropriation Act of May 15, 1936 (49 Stat. 1287).
The second paragraph has been repeated in subsequent appropriation acts. A similar provision pertaining to personnel of the Regular Navy and Marine Corps is found in section 1, Navy Appropriation Act of June 3, 1936 (49 Stat. 1409), and subsequent appropriation acts.
By act of February 11, 1936 (49 Stat. 1107), the Comptroller General was authorized to refund to Army personnel and civilian employees amounts collected from them during period 1927–1929 for transportation of their effects by reason of higher classification of automobiles by carriers.
1532. Mileage; general provision.-That officers of any of the services mentioned in the title of this Act, when traveling under competent orders without troops, shall receive a mileage allowance at the rate of 8 cents per mile, distance to be computed by the shortest usually traveled route.
Sec. 12, act of June 10, 1922 (42 Stat. 631); act of June 1, 1926 (44 Stat. 680); 37 U. 8. C. 20.
The Secretary of War may determine what shall constitute travel without troops within the meaning of the laws governing the payment of mileage to officers of the Army:
Act of June 12, 1906 (34 Stat. 246); 10 U. 8. C. 870.
R. S. 1273 fixed the allowance of mileage at 10 cents per mile, to be computed over the nearest post route and to be paid by the Pay Department. The act of June 16, 1874 (18 Stat. 72), discontinued mileage as a method of reimbursement for expenses incurred in traveling on duty, and substituted therefor the payment of actual expenses in all cases of travel under orders. This provision was repeated in the act of Mar. 3, 1875 (18 Stat. 452). The mileage allowance was restored and fixed at the rate of 8 cents per mile by the act of July 24, 1876 (19 Stat. 100), but was not payable when actual transportation bad been furnished by the Quartermaster's Department, or in a conveyance owned or chartered by the United States, or on any railroad over which the troops and supplies of the United States were entitled to be transported free of charge; the distance in each case was to be computed by the shortest usually traveled route. R. S. 1273 was repealed by the act of July 24, 1876, above cited. The act of Mar. 3, 1883 (22 Stat. 456), contained the requirement that mileage should be computed over the shortest usually traveled routes between the points named in the order and that the necessity for travel should be certified to, in each case, in the order directing the journey. The act of June 30, 1886 (24 Stat. 95), fixed the rate of mileage at 4 cents per mile, and, in addition thereto, the cost of transportation actually paid, exclusive of sleeping and parlor car fares. The act of Feb. 9, 1887 (24 Stat. 396), contains the following provision : "That in disbursing this amount the maximum sum to be allowed and paid to an officer shall be 4 cents per mile, distance to be computed over the shortest usually traveled routes, and, in addition thereto, upon the officer's certificate that it was not
practicable to obtain transportation from the Quartermaster's Department the cost of the transportation actually, paid by the officer over said route or routes, exclusive of sleeping or parlor car fare and transfers : And provided further, That when any officer so traveling shall travel in whole or in part on any railroads on which the troops and supplies of the United States are entitled to be transported free of charge be shall be allowed for himself only 4 cents per mile as a subsistence fund for every mile necessarily traveled over any such last-named railroad. All the money hereinbefore appropriated except the appropriation for mileage to officers when traveling on duty without troops when authorized by law shall be disbursed and accounted for by the Pay Department as pay of the Army, and for that purpose shall constitute one fund,” which was repeated in the acts of Sept. 22, 1888 (25 Stat. 483), Mar. 2, 1839 (25 Stat. 827), June 13, 1890 (26 Stat. 151), Feb. 24, 1891 (26 Stat. 773), July 14, 1892 (27 Stat. 177), and Feb. 27. 1893. The acts of Feb. 12, 1895 (28 Stat. 657), and Mar. 16, 1896 (29 Stat. 60), contain the same requirements. The act of Mar. 2, 1897 (29 Stat. 612, 614), provided that actual transportation should be furnished by the Quartermaster's Department to officers traveling under orders, and that mileage only should be paid by the Pay Department. The act of Mar. 15, 1898 (30 Stat. 318), contained the requirement that “the maximum sum to be allowed and paid to any officer of the Army shall be 7 cents per mile, distances to be computed by the shortest usually traveled route." By the act of Mar. 3, 1899 (30 Stat. 1068), the foregoing requirement was made permanent. The act of Mar. 15, 1898, also contained the proviso that "officers who, by reason of the decision of the accounting officers of the Treasury, have been compelled to pay from their own means one-half of the cost of their travel fare over railroads known as fifty per centum railroads shall be reimbursed the same by the Pay Department, and paymasters against whom disallowances have been made by the accounting officers of the Treasury, under such decision, shall have the amount so disallowed passed to their credit."
1532a. Mileage; officers changing station while on leave.vided further, That when the station of an officer is changed while he is on leave of absence he will on joining the new station be entitled to mileage for the distance to the new station from the place where he received the order directing the change, provided the distance be no greater than from the old to the new station; but if the distance be greater he will be entitled to mileage for a distance equal to that from the old to the new station only; * Act of June 12, 1906 (34 Stat. 247); 10 U. S. C. 743.
1532b. Mileage; Engineer officers on duty with California Débris Commission.Provided, That so much of the Act of March third, eighteen hundred and ninetynine, as provides that the members of the California Débris Commission shall receive only actual expenses in lieu of mileage while traveling on duty is hereby repealed, and hereafter the officers of the commission shall receive the mileage allowed by law. Sec. 1, act of June 6, 1900 (31 Stat. 631); 33 U. 8. C. 662.
1533. Mileage; requisites of orders.—* and all orders involving the payment of mileage shall state the special duty enjoined. Act of Aug. 6, 1894 (28 Stat. 237); 10 U. 8. C. 759.
The necessity for such travel in the military service shall be certified to by the officer issuing the order and stated in said order.
Sec. 1, act of Mar. 3, 1883 (22 stat. 456); 10 U. S. 0. 747.
1534. Mileage; computation of distance._* payment and settlement of mileage accounts of officers shall be made according to distances and deductions computed over routes established and by mileage tables prepared by the Paymaster General of the Army under the direction of the Secretary of War. Act of June 12, 1906 (34 Stat. 246); 10 U. S. C. 870.
The Chief of Finance is now charged with the duties imposed by this section on the Paymaster General of the Army. See 70, ante.
1535. Mileage; deductions when transportation furnished.—* Provided further, That officers who so desire may, upon application to the Quartermas