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B-202232 1 (1981-07-10)

handle is hein.gao/gaobadjnw0001 and id is 1 raw text is: 
e   -f


DECISION


FILE:


B-202232


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THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. 0.C. 20548



      DATE: July 10, 1981


MATTER OF:    Military Members' Travel to Appear
              as Witnesses in State Courts

DIGEST:    Regulations may be issued authorizing
           the payment of travel and transporta-
           tion allowances of members of the
           uniformed services who are requested
           to appear as witnesses for a State
           government in criminal proceedings,
           provided a determination is made in
           each situation that the travel is
           necessary and in the interest of the
           service because the court action is
           one directly related to the service
           or its members and is one in which
           the service has a strong interest.


     This action is in response to a letter from the Acting
Assistant Secretary of the Army (Manpower and Reserve
Affairs) requesting a decision on whether we would object
to a proposed revision of paragraph M6300 of the Joint Travel
Regulations, Volume 1 (1 JTR). Under the proposed revision
a member of the uniformed services on active duty requested
to appear as a witness for a State government in a criminal
prosecution which is directly related to the service or its
members, and is one in which the service takes a particularly
strong interest, would be entitled to military travel and
transportation allowances. This request was assigned Control
Number 81-6 by the Per Diem, Travel and Transportation Allow-
ance Committee.

     The letter states that paragraph M6300, 1 JTR, cur-
rently permits Government funded travel of a member required
to appear as a witness on behalf of the United States in any
case involving the uniformed services. However in those
cases not involving the uniformed services where the member
is required to appear on behalf of the United States, the
member may receive transportation or transportation allow-
ances and per diem as prescribed by the Attorney General.
In other cases, a member required to appear as a witness for
a State, the District of Columbia, a Committee of Congress
or a private corporation may not receive any allowance for
travel and transportation from the service with which he
is serving. Arrangements for such payments must be made
between the witness and the individual or agency desiring
his testimony.

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