A-10069, JANUARY 23, 1926, 5 COMP. GEN. 527

A-10069: Jan 23, 1926

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THE WAIVER SHOULD HAVE BEEN CANCELED IN ACCORDANCE WITH BUREAU OF NAVIGATION CIRCULAR LETTER NO. 45-23 OF JUNE 29. IT APPEARS THAT VOIGT WAS ACCEPTED FOR ENLISTMENT AT ELMIRA. HE WAS HONORABLY DISCHARGED JUNE 28. IF THIS REQUEST IS GRANTED. IT IS STATED. IT IS THE POLICY OF THE BUREAU TO TRANSFER BY GOVERNMENT CONVEYANCE. MEN WHOSE TERMS OF ENLISTMENT ARE ABOUT TO EXPIRE. THE BUREAU AUTHORIZES THEIR RETENTION AND THEY WILL NOT BE TRANSFERRED IN ACCORDANCE WITH PARAGRAPH 1 OF THIS LETTER. COMMANDING OFFICERS ARE AUTHORIZED TO CANCEL THE WAIVER BY APPROPRIATE NOTATION AND RETAIN THEM IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 2. IN REPLY TO LETTER OF BUREAU OF NAVIGATION REQUESTING TO BE ADVISED AS TO WHY A WAIVER OF TRAVEL ALLOWANCE WAS REQUIRED IN THIS CASE AND WHETHER OR NOT VOIGT WAS INFORMED OF THE PROVISIONS OF THE ABOVE CIRCULAR LETTER.

A-10069, JANUARY 23, 1926, 5 COMP. GEN. 527

TRAVEL ALLOWANCE, WAIVER - NAVY ENLISTED MEN WHERE AN ENLISTED MAN OF THE NAVY EXECUTED, ON DATE OF EXPIRATION OF HIS ENLISTMENT AND DISCHARGE, A WAIVER OF TRAVEL ALLOWANCE IN CONSIDERATION OF HIS BEING ALLOWED TO REMAIN ON THE VESSEL TO WHICH ATTACHED UNTIL EXPIRATION OF HIS CURRENT ENLISTMENT, AND THEN REENLISTED ON ANOTHER VESSEL IN THE SAME HARBOR THE SECOND DAY AFTER HIS DISCHARGE, THE WAIVER SHOULD HAVE BEEN CANCELED IN ACCORDANCE WITH BUREAU OF NAVIGATION CIRCULAR LETTER NO. 45-23 OF JUNE 29, 1923. UNDER SUCH CIRCUMSTANCES TRAVEL ALLOWANCE MAY BE PAID AS THOUGH NO WAIVER HAS BEEN EXECUTED.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 23, 1926:

BERNARD F. VOIGT, C.E.M., UNITED STATES NAVY, APPLIED FOR REVIEW OF SETTLEMENT NO. 208404-N, DATED SEPTEMBER 4, 1924, DISALLOWING HIS CLAIM UNDER THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, FOR TRAVEL ALLOWANCE FROM SAN FRANCISCO, CALIF., TO ELMIRA, N.Y., ON HIS DISCHARGE FROM THE RECEIVING SHIP AT PEARL HARBOR, HAWAII, JUNE 28, 1924, BEING THE LAND TRAVEL INVOLVED FROM THE PLACE OF DISCHARGE TO PLACE OF ACCEPTANCE FOR ENLISTMENT.

IT APPEARS THAT VOIGT WAS ACCEPTED FOR ENLISTMENT AT ELMIRA, N.Y., AND THAT HE ENLISTED AT BUFFALO, N.Y., ON JUNE 29, 1920. HE WAS HONORABLY DISCHARGED JUNE 28, 1924, FROM THE RECEIVING SHIP AT PEARL HARBOR, HAWAII, AND HE REENLISTED ON THE U.S.S. LUDLOW AT THE SAME PLACE ON JUNE 30, 1924. ON JUNE 28, 1924, THE DATE OF DISCHARGE, VOIGT ADVISED HIS COMMANDING OFFICER:

IN ACCORDANCE WITH BUNAV CIRCULAR LETTER NO. 45-23 OF 29 JUNE, 1923, I HEREBY STATE OF INTENTION OF REENLISTING IN THIS DISTRICT AT THE FIRST OPPORTUNITY.

ON THE SAME DATE HE EXECUTED THE FOLLOWING WAIVER:

I REQUEST TO BE ALLOWED TO REMAIN ON PRESENT SHIP (OR STATION) UNTIL THE EXPIRATION OF MY CURRENT ENLISTMENT. IF THIS REQUEST IS GRANTED, I HEREBY WAIVE ALL CLAIM TO TRANSPORTATION (INCLUDING TRANSPORTATION IN KIND AND TRAVEL ALLOWANCE) AT TIME OF DISCHARGE FROM THE PLACE OF MY DISCHARGE TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT.

IN BUREAU OF NAVIGATION CIRCULAR LETTER NO. 45-23, JUNE 29, 1923, IT IS STATED, IN PART, AS FOLLOWS:

1. IT IS THE POLICY OF THE BUREAU TO TRANSFER BY GOVERNMENT CONVEYANCE, MEN WHOSE TERMS OF ENLISTMENT ARE ABOUT TO EXPIRE, TO PORTS AS NEAR AS POSSIBLE TO THEIR PLACES OF ACCEPTANCE FOR ENLISTMENT, IN ORDER TO ECONOMIZE ON EXPENDITURES FOR MILEAGE (TRAVEL ALLOWANCE). * * *

2. THE BUREAU AUTHORIZES COMMANDING OFFICERS TO RETAIN MEN WHO DESIRE TO REMAIN ON A SHIP OR STATION UNTIL THE EXPIRATION OF THEIR ENLISTMENTS FOR THE PURPOSE OF REENLISTING IMMEDIATELY ON THAT SHIP OR STATION. THE MAN CONCERNED SHOULD SUBMIT A WRITTEN REQUEST TO THIS EFFECT TO THE COMMANDING OFFICER, TOGETHER WITH A STATEMENT THAT HE INTENDS TO SO REENLIST. * * *

3. FOR THE CONVENIENCE OF THOSE MEN WHO DO NOT DESIRE TO REENLIST, BUT WHO DO DESIRE TO BE DISCHARGED FROM THE SHIP OR STATION TO WHICH ATTACHED, THE BUREAU AUTHORIZES THEIR RETENTION AND THEY WILL NOT BE TRANSFERRED IN ACCORDANCE WITH PARAGRAPH 1 OF THIS LETTER, PROVIDED, PRIOR TO THE DATE ON WHICH SUCH TRANSFER WOULD NORMALLY BE MADE, THEY EXECUTE A WAIVER OF ALL TRANSPORTATION (BOTH TRANSPORTATION IN KIND AND TRAVEL ALLOWANCE) FROM THE PLACE OF DISCHARGE TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT. * * *

5. MEN AFTER HAVING EXECUTED THE ABOVE WAIVER, AND WHO SUBSEQUENTLY DESIRE TO REENLIST AND SO REQUEST IN WRITING, SHALL BE PERMITTED TO DO SO, AND COMMANDING OFFICERS ARE AUTHORIZED TO CANCEL THE WAIVER BY APPROPRIATE NOTATION AND RETAIN THEM IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 2.

IN REPLY TO LETTER OF BUREAU OF NAVIGATION REQUESTING TO BE ADVISED AS TO WHY A WAIVER OF TRAVEL ALLOWANCE WAS REQUIRED IN THIS CASE AND WHETHER OR NOT VOIGT WAS INFORMED OF THE PROVISIONS OF THE ABOVE CIRCULAR LETTER, THE COMMANDING OFFICER OF THE RECEIVING SHIP AT PEARL HARBOR UNDER DATE OF FEBRUARY 5, 1925, REPLIED:

1. RETURNED. THE DATA STILL ABOARD REGARDING THIS CASE ARE MEAGER, AND THE OFFICER WHO WAS AT THE TIME EXECUTIVE OFFICER HAS SINCE BEEN TRANSFERRED TO ANOTHER STATION. CONSEQUENTLY, THE FOLLOWING STATEMENT IS LARGELY FROM THE MEMORY OF THE COMMANDING OFFICER.

2. VOIGT WAS ASSIGNED TO DUTY AT THE NAVY-YARD MOTION-PICTURE EXCHANGE. HIS OFFICIAL DUTIES WERE VERY LIGHT AND HE RECEIVED A SALARY IN ADDITION FROM THE Y.M.C.A. FOR OPERATING THEIR MACHINES AT THE NAVY-YARD Y.M.C.A. VOIGT WISHED, UPON THE EXPIRATION OF HIS ENLISTMENT, TO REENLIST, BE GIVEN THIRTY (30) DAYS' LEAVE, AND TO RETURN TO HIS ORIGINAL DUTIES UPON THE EXPIRATION OF HIS LEAVE. HE WAS PROBABLY TOLD THAT HE WOULD BE REENLISTED AND GIVEN THIRTY (30) DAYS' LEAVE, BUT THAT IF HE TOOK SAID LEAVE, HE WOULD NOT REGAIN HIS JOB AT THE MOTION-PICTURE EXCHANGE. (THE DUTIES AT THE MOTION-PICTURE EXCHANGE, FORMERLY PERFORMED BY VOIGT, HAVE BEEN CARRIED OUT ENTIRELY SATISFACTORILY EVER SINCE BY A SEAMAN, SECOND CLASS.) IT WAS UNDERSTOOD THAT VOIGT WISHED TO REMAIN AT PEARL HARBOR, AND THEREFORE HE WAS NOT RETURNED TO THE UNITED STATES FOR DISCHARGE. THIS SHIP ERRED IN NOT REQUIRING HIM TO STATE, IN WRITING, HIS WISHES WHEN THERE WAS YET TIME TO TRANSFER HIM TO THE UNITED STATES. WHEN HIS ENLISTMENT ACTUALLY EXPIRED, HE STATED THAT HE DID NOT WISH TO REENLIST ABOARD THE RECEIVING SHIP. THEREFORE, THE COMMANDING OFFICER WAS FORCED EITHER (A) TO RETAIN HIM, OVERTIME, UNTIL AN OPPORTUNITY PRESENTED FOR SENDING HIM TO THE UNITED STATES, OR (B) TO HAVE HIM SIGN A WAIVER OF TRANSPORTATION AND DISCHARGE HIM HERE. AT THE REQUEST OF VOIGT, HE WAS DISCHARGED HERE AFTER SIGNING A WAIVER. NO UNDUE PRESSURE WAS USED. THE COMMANDING OFFICER CAN NOT STATE OF HIS OWN KNOWLEDGE WHETHER OR NOT VOIGT WAS INFORMED OF THE PROVISIONS OF REFERENCE (B), BUT THE PERSONNEL CHIEF YEOMAN STATES THAT THE CIRCULAR LETTER WAS EXPLAINED AND THE QUESTION OF A WAIVER OF TRANSPORTATION WAS DISCUSSED WITH VOIGT ABOUT A MONTH PRIOR TO HIS DISCHARGE. VOIGT MADE NO WRITTEN REQUEST AT THAT TIME. APPARENTLY IT WAS UNDERSTOOD ABOARD THE RECEIVING SHIP UNTIL THE DAY BEFORE HIS ENLISTMENT EXPIRED, THAT HE WOULD REENLIST ABOARD. AS HE WAS A CHIEF PETTY OFFICER, HE WAS CONSIDERED RESPONSIBLE AND WAS NOT CHECKED UP SO CAREFULLY AS WOULD HAVE BEEN OF A MAN OF LOWER RATING.

3. VOIGT REENLISTED ABOARD THE U.S.S. LUDLOW, A VESSEL BELONGING TO THE FLEET BASE FORCE, AND THOUGH AT PRESENT IN HAWAIIAN WATERS, NOT ATTACHED TO THIS STATION. HE MADE NO REQUEST, ORAL OR WRITTEN, TO REENLIST ABOARD THIS VESSEL, OR AT THIS STATION. THEREFORE THE COMMANDING OFFICER CONSIDERS HE TOOK THE PROPER COURSE IN REQUIRING VOIGT TO SIGN A WAIVER OF TRANSPORTATION BEFORE GRANTING THE LATTER'S REQUEST TO BE DISCHARGED HERE. HIS ENLISTMENT RECORD AND THE WAIVER WERE FORWARDED TO THE BUREAU.

IT APPEARS THAT SAID CIRCULAR LETTER DOES NOT EXPRESSLY PRESCRIBE THE PROCEDURE TO BE FOLLOWED WHERE A MAN DOES NOT DESIRE TO REENLIST ON THE SAME VESSEL BUT DOES DESIRE TO REENLIST IN THE NAVY ON ANOTHER VESSEL IN THE SAME HARBOR AS IN THIS CASE. IT WOULD SEEM TO BE IMMATERIAL TO THE NAVY WHETHER A MAN REENLISTS ON THE SAME VESSEL FROM WHICH DISCHARGED OR ON ANOTHER VESSEL IN THE SAME HARBOR. IF HIS SERVICES WERE NEEDED ON THE SAME VESSEL, HE COULD BE TRANSFERRED THERETO WITHOUT EXPENSE.

AS VOIGT REENLISTED ON ANOTHER VESSEL AT THE PLACE OF HIS DISCHARGE THE SECOND DAY AFTER HIS DISCHARGE, THERE WAS SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF CIRCULAR LETTER NO. 45-23 OF JUNE 29, 1923, AND THE WAIVER PROPERLY SHOULD HAVE BEEN CANCELED. HE IS, THEREFORE, ENTITLED TO TRAVEL ALLOWANCE FOR THE DISTANCE OF THE LAND TRAVEL INVOLVED FROM THE PLACE OF DISCHARGE TO PLACE OF ACCEPTANCE FOR ENLISTMENT, SAN FRANCISCO, CALIF., TO ELMIRA, N.Y., 2,942 MILES AT 5 CENTS PER MILE, $147.10.

UPON REVIEW THE SETTLEMENT IS REVERSED AND THERE IS CERTIFIED DUE CLAIMANT $147.10.