10 em Buited States only when they are posed at other places that their places of I, Test r. L. 8.. id. 357 In fact, mileage is merely a commutation for traveling PIDDETL80, C. 8. € Smith, 158 C. 8., 220, It is not necemary that an order to travel should specifically designate places and routes, It may leave them to the dis cretion of the officer, and the subsequent approval of the department will be conclusive upon the accounting officers. Kings c. U. 8., 23 Ct. Cls. 166. If public business was an element in an officer's circuity of route, he is entitled to milenge therefor; if it was not, the Gov. ernment is not answerable for the increased distance, Du Bose v. L. S., 19 Ct. Cls. 514. Where the route is left to the discretion of the officer, his mileage should be ericulated by the shortest usually traveled route, unless some good reason be shown for deviation, Crosby v. C. 8., 22 Ct. Cls. 13, 2 Comp. Dec. 544. An officer ordered home, at his own request, to awalt orders, is entitled to mile. from 1 post to his home, so a forrt - constituting travel under orders. Williamson r. T. S., Wall. 411: Patsterz. U. 8., 12 Ct. is. 98, and 94 C. S. 219. Where an offer who has received int has not yet takın advantage of a jezre of absence is orders to convey pris mers to another post bis leave is to that extent spended, and he is entitled to neage. | Andrews r. U. S., 15 Ct. Cls. 264. The Army Regulations provide that the expiration of an officer's leave of absence must find him at his station. His station means his permanent station, not a place to which be was temporarily or dered and at which he accepted his leave of absence. Andrews r. C. S., 15 Ct. Cls. 264. An officer's proper station can not be changed by his being ordered to perform a temporary duty while on leave of ab sence. (Id.) If an officer on leave of absence be or dered to temporary duty at the place where he may happen to be, and he be kept there until after his leave of ab sence expires and then be ordered to his proper station, he will not be entitled to mileage. Barr v. U. S., 14 Ct. Cls. 272. 1788. Travel of officers of the Corps of Engineers. 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), making appropriations for works on rivers and harbors. 1789. Travel of inspectors and instructors of the National Guard.-For travel of Federal officers and noncommissioned officers making inspections, $30 462. For travel of Federal officers and noncommissioned officers changing stations, $6.092. For travel of Federal officers and noncommissioned officers on visits of instruc tion, $30,462. For travel of Federal officers and noncommissioned officers connected with camps of instruction, $46,013. Act of June 5, 1920 (41 Stat. 972), making appropriations for the support of the Army: National Guard. Similar appropriations have been made in previous appropriation acts. 1790. Journeys of officers for instruction.- * * # for travel expenses of officers on journeys approved by the Secretary of War and made for the purpose of instruction, Provided, That the traveling expenses herein provided for shall be in lieu of mileage and other allowances; Act of June 5, 1920 (41 Stat. 969), making appropriations for the support of the Army: Engineer School, Similar provision appears in previous appropriation acts. 1791. Travel by chaplains. * When serving in the field, chaplains shall be furnished with necessary means of transportation by the Quartermaster's Department. Sec. 12, act of Feb. 2, 1901 (31 Stat. 750). 1792. Travel of officers detailed with the Bureau of Lighthouses.-That hereafter officers of the Army and Navy detailed for service in connection with the Light-House Establishment shall be paid their actual traveling expenses when traveling under orders on official duty to and from points which can not be conveniently reached by vessel or railroad. Sec. 6, act of Feb. 26, 1907 (34 Stat. 997). This section was part of an act to authorize additional aids to navigation in the Lighthouse Establishment. Other sections of said act, being temporary merely in their nature, are omitted. A general limitation on subsistence allowances, or money in lieu thereof, was made by 79, ante. 1793. Travel on Ordnance duty.-Provided further, That mileage to officers of the Ordnance Department traveling on duty in connection with that department shall be paid from the appropriation for the work in connection with which the travel is performed. Act of May 12, 1917 (40 Stat. 65). 1794. Travel by officers in connection with aviation.-That hereafter mileage to officers of the Army traveling on duty in connection with aviation shall be aid from the appropriation for the work in connection with which the travel is performed. Act of July 9, 1918 (40 Stat. 849). A similar provision appeared in act of May 12, 1917 (4 Stat. 43). 1795. Travel by air.-*** Provided further, That hereafter actual and necessary expenses only, not to exceed $8 per day, shall be paid to officers of the Army and contract surgeons when traveling by air on duty without troops, under competent orders: Act of July 11, 1919 (41 Stat. 109). * 1796. Travel allowances of discharged officers.Provided also, That hereafter when an officer shall be discharged from the service, except by way of punishment for an offense, he shall receive for travel allowances from the place of his discharge to the place of his residence at the time of his appointment or to the place of his original muster into the service four cents per mile; Provided further, That any officer or enlisted man in the service of the United States who was discharged in the Philippine Islands and there reentered the service through commission or enlistment shall, when discharged, except by way of punishment for an offense, receive for travel allowances from the place of his discharge to the place in the United States of his last preceding appointment or enlistment, or to his home if he was appointed or enlisted at a place other than his home, four cents per mile: Provided further, That for sea travel on discharge actual expenses only shall be paid to officers *. Act of March 2, 1901 (31 Stat. 903), making appropriations for the support of the Army. for payment of travel pay to officers of the National Guard on their discharge from the service of the United States, as prescribed in the Act approved March 2, 1901; Act of June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army: Transportation of the Army. The above provisions superseded those of R. S. 1289, 1290, for allowances to officers and to enlisted men, on discharge, of transportation and subsistence, or of travel pay and commutation of subsistence, and further provisions relating thereto of act of Mar. 16, 1896 (29 Stat. 63), act of June 7, 1900 (31 Stat. 708), and act of Feb. 8. 1901 (31 Stat. 762). The provision as to discharged enlisted men has been superseded by post, 1802. Similar provisions appear in previous appropriation acts. Notes of Decisions. Nature of travel allowance.-Traveling against the contingency of a discharge expenses are of the nature of indemnity at another place than that of enlistment, An officer provisionally appointed by the War Department, the appointment in terms subject to the action of an examining board, is not in military serv ice, even though assigned to military duty, so as to entitle him to mileage when discharged on being rejected by the board. Grcer v. U. S. (1867), 3 Ct. Cl. 182. Change in law. It is within the power of Congress to change the law allowing indemnity or commutation to officers on their discharge for traveling expenses; and an officer so paid has no legal or equitable claim for a larger amount than that allowed by the law at the time of his discharge. Gulick v. U. S. (1908), 43 Ct. Cl. 306. Discharge from service. Where at a time when an officer was discharged the Government furnished transportation to thousands of discharged soldiers over private lines, and money was not furnished to discharged officers or men, the burden of proof on the question of whether transportation was or was not furnished rests upon the plaintiff. Hammond v. U. S. (1914), 49 Ct. Cl. 217. Satisfactory evidence should be furnished to remove the presumption that the Government, at the time of the discharge of officers or men from the military serv ice, had complied with the law in the matter of furnishing transportation whensoever proper. Id. Where an officer or a soldier is discharged at his own request, and for his own pleasure and convenience, the settled practice of the War Department and the Treasury Department is to deny the pay ment of travel pay and allowances. Brodgen v. U. S. (1908), 43 Ct. Cl. 566. Discharge in Philippines.-The provision relating to soldiers discharged in the Philippine Islands held not to extend to a 1797. Travel by sea. Id.; soldier permitted to leave the service to enter business before the discharge of his regiment, or before its return to the United States, where the discharge was for his own benefit. Brodgen v. U. S. (1908) 43 Ct. Cl. 566. An Army officer is not discharged from service by his retirement. U. S. v. Gillmore (C. C. 1911), 189 Fed. 761. Resignation from service. It is doubtful whether a volunteer officer, who resigns before the expiration of his term of enlistment, is entitled to transportation or mileage. Price v. U. S. (1868), 4 Ct. Cl. 164. And see U. S. v. Sweet (1903), 23 Sup. Ct. 638, 639, 189 U. S. 471, 47 L. Ed. 907, wherein it was held that the settled practice of the War Department to deny an officer discharged at his own request the travel pay and commutation of subsistence from the place of discharge to the place of reenlistment allowable under this section is not so clearly erroneous as to justify the courts in construing such provision as including a discharge on resignation. U. S. v. Sweet (1903), 23 Sup. Ct. 638, 639, 189 U. S. 471, 47 L. Ed. 907. Reappointment to service. This section does not extend to an officer who immediately reenters the service under a new appointment. Hull v. U. S. (1903), 38 Ct. Cl. 407. Residence. The residence of an officer may be the place where he became qualified to discharge the duties of his office. Sells v. U. S. (1901), 36 Ct. Cl. 94. Transportation in kind.-A discharged officer, seeking to recover travel pay and allowances upon his discharge, must produce some evidence to remove the presumption that he was furnished with transportation in kind at the time of his discharge. Sanderson v. U. S. (1906), 41 Ct. Cl. 230. Muster into service.-The phrase "or to the place of his original muster into the service," applies properly to officers of National Guard organizations. The words "muster in are applicable only to bodies of men. Emory v. United States, 19 Ct. Cls. 254, 262. And provided further, That for all sea travel actual expenses only shall be paid to officers, contract surgeons, contract dental surgeons, and veterinarians, to paymasters' clerks, and to the expert accountant of the Inspector-General's Department, when traveling on duty under competent orders, with or without troops, and the amount so paid shall not include any shore expenses at port of embarkation or debarkation; but for the purpose of determining allowances for all travel under orders, or for officers and enlisted men on discharge, travel in the Philippine Archipelago, the Hawaiian Archipelago, the home waters of the United States, and between the United States and Alaska shall not be regarded as sea travel and shall be paid for at the rates established by law for land travel within the boundaries of the United States. Act of June 12, 1906 (34 Stat. 247), making appropriations for the support of the Army. A provision that actual expenses only be paid to paymasters' clerks and the expert accountant of the Inspector General's Department for sea travel, contained in act of June 30, 1902 (32 Stat. 511), was superseded by the more comprehensive provisions above. 1798. Transportation of recruits and recruiting parties.— for transportation of recruits and recruiting parties, of applicants for enlistment between recruiting stations and recruiting depots; * * Act of June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army. 1799. Enlisted men traveling under orders.-That hereafter under such regulations and within such maximum rates as may be prescribed by the Secretary of War enlisted men may be reimbursed for actual expenses of travel, including subsistence and lodging, incurred while traveling under competent orders and not embraced in the movement of troops, or they may be paid a flat per diem therefor in lieu of such reimbursement. Act of Apr. 20, 1918 (40 Stat. 534). 1800. Furlough fares.-The Secretary of War and the Secretary of the Navy, under such regulations and restrictions as they may provide, are hereby authorized to issue to all wounded and otherwise disabled soldiers, sailors, or marines under treatment in any Army, Navy, or other hospital, who are given furloughs at any time, a furlough certificate, which certificate shall be signed by the commanding officer at such hospital. This furlough certificate when presented by such furloughed soldier, sailor, or marine to the agent of any railroad or steamship company over whose lines said soldier, sailor, or marine may travel to and from his home during the furlough period shall entitle said soldier, sailor, or marine to purchase a ticket from the point of departure to point of destination and return at the rate of 1 cent per mile, and on presentation of such certificate on which such ticket has been issued the railroad or steamship company issuing such ticket shall be entitled to receive from the Treasury of the United States the difference between the amount paid for such ticket at the rate of 1 cent per mile and the regular scheduled rate for such ticket. The sum of $250,000, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Treasury not otherwise appropriated, for the purpose of carrying out the provisions of this paragraph. Act of June 5, 1920 (41 Stat. 975–976), making appropriations for the support of the Army. 1801. Mileage for enlisted men relieved from duty.And provided further, That in the discretion of the Secretary of War, and under such regulations as he may prescribe, travel pay at the rate now prescribed by law for discharged soldiers may be given to all enlisted men for whom the law authorizes travel allowances as an incident to their entry upon and relief from active duty with the Army. Act of July 9, 1918 (40 Stat. 860), making appropriations for the support of the Army. * * * That section 126 of the Act entitled "An Act for making further and more effectual provisions for the national defense, and for other purposes," approved June 3, 1916, as amended by section 3 of an Act entitled "An Act permitting any person who has served in the United States Army, Navy, or Marine Corps in the present war to retain his uniform and personal equipment, and to wear the same under certain conditions," approved February 28, 1919, shall be held to apply to any enlisted man for whom the law authorizes travel allowances as an incident to entry upon and relief from active duty with the Army who has been called into active service during the present emergency, or who shall hereafter be called into active service. Act of Sept. 29, 1919 (41 Stat. 288). See notes under 1796, ante. 1802. Travel allowance of enlisted men on discharge.-That an enlisted man honorably discharged from the Army, Navy, or Marine Corps since November eleventh, nineteen hundred and eighteen, or who may hereafter be honorably discharged, shall receive five cents per mile from the place of his discharge to his actual bona fide home or residence, or original muster into the service, at his option: Provided, That for sea travel on discharge, transportation and subsistence only shall be furnished to enlisted men: Sec. 126, act of June 3, 1916 (39 Stat. 217), as amended by sec. 3, act of Feb. 28, 1919 (40 Stat. 1203). * * *** for travel allowance to officers and enlisted men on discharge; for payment of travel allowance as provided in section 126 of the Act approved June 3, 1916, to enlisted men of the National Guard on their discharge from the service of the United States, and to members of the National Guard who have been mustered into the service of the United States, and discharged on account of physical disability; Act of June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army: Transportation of the Army. * ** * Sec. 126, act of June 16, 1916, provided that "On and after July first, nineteen hundred and sixteen, an enlisted man when discharged from the service, except by way of punishment for an offense, shall receive 34 cents per mile from the place of his discharge to the place of his acceptance for enlistment, enrollment, or original muster into the service, at his option." This section superseded a provision of act of Aug. 24, 1912 (37 Stat. 576), which read as follows: "Hereafter when an enlisted man is discharged from the service, except by way of punishment for an offense, he shall be entitled to transportation in kind and subsistence from the place of his discharge to the place of his enlistment, or to such other place within the continental limits of the United States as he may select, to which the distance is no greater than from the place of discharge to place of enlistment; but if the distance be greater he may be furnished with transportation in kind and subsistence for a distance equal to that from place of discharge to place of enlistment, or, in lieu of such transportation and subsistence, he shall, if he so elects, receive 2 cents a mile, except for sea travel, from the place of his discharge to the place of his enlistment." Said provision of act of Ang. 24, 1912 (37 Stat. 576), superseded a similar provision of act of Mar. 2, 1901 (31 Stat. 902). Notes of Decisions. Repeal of statute.-See Reichherzer v. U. S. 1908), 43 Ct. Cl. 359. Construction of section in general.-No exception, other than the one declared in this section, can be made thereto. Thornton v. U. S. (1892), 27 Ct. Cl. 342. Discharge from service.-An enlisted man is not entitled to transportation unless his connection with the Army be actually and finally severed. His connection with the Army is not actually and finally severed if his discharge is consequent to his appointment as a commissioned officer, and merely a formality in his promotion. In such a case he remains continuously in the service, and is never in a condition where he can demand transportation in kind. Reichman v. U. S. (1889), 24 Ct. Cl. 485. On request.-A soldier discharged at his own request, before the expiration of the period of his enlistment, is entitled to transportation, or commutation thereof, from the place of his discharge to the place of his enlistment, Thornton v. U. S. (1892), 27 Ct. Cl. 342; Barnett v. U. S. (1901), 37 Ct. Cl. 49; contra, see U. S. v. Barnett (1903), 23 Sup. Ct. 639, 189 U. S. 474, 47 L. Ed. 908. Unfit for service, etc.-A private in a marine corps, discharged without courtmartial "as unfit for service" and of bad character, is entitled to transportation and subsistence from the place of his dis |