A-11836, JANUARY 29, 1926, 5 COMP. GEN. 550

A-11836: Jan 29, 1926

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REFUND OF THE REENLISTMENT ALLOWANCE OR A PORTION THEREOF IS NOT REQUIRED OF AN ENLISTED MAN OF THE MARINE CORPS DISCHARGED AT HIS OWN REQUEST BEFORE THE EXPIRATION OF ENLISTMENT OR EXTENSION OF ENLISTMENT FOR WHICH THE REENLISTMENT ALLOWANCE WAS LEGALLY PAID. BY WHICH WAS DISALLOWED HIS CLAIM FOR REFUND OF $112.50 WITHHELD FROM HIS FINAL PAY ON DISCHARGE JULY 18. UPON SUCH EXTENSION HE WAS PAID THE REENLISTMENT ALLOWANCE AUTHORIZED BY SECTION 9 OF THE ACT OF JUNE 10. PROVIDES: THE SECRETARY OF THE NAVY IS HEREBY AUTHORIZED TO GRANT FURLOUGH WITHOUT PAY TO ENLISTED MEN FOR A PERIOD COVERING THE UNEXPIRED PORTION OF THEIR ENLISTMENT: PROVIDED. WHILE THEREFORE THERE IS AMPLE PROVISION OF LAW FOR PROVIDING BY REGULATION FOR THE PURCHASE OF DISCHARGES IN THE NAVY AND MARINE CORPS TO SECURE REIMBURSEMENT TO THE GOVERNMENT WHERE FOR THE CONVENIENCE OF THE MAN THERE IS NOT RENDERED THE SERVICE CONTEMPLATED WHEN THE REENLISTMENT ALLOWANCE WAS PAID.

A-11836, JANUARY 29, 1926, 5 COMP. GEN. 550

GRATUITIES, REENLISTMENT ALLOWANCE - REFUNDS IN THE ABSENCE OF REGULATION, OR SPECIAL DIRECTION IN INDIVIDUAL CASES, REFUND OF THE REENLISTMENT ALLOWANCE OR A PORTION THEREOF IS NOT REQUIRED OF AN ENLISTED MAN OF THE MARINE CORPS DISCHARGED AT HIS OWN REQUEST BEFORE THE EXPIRATION OF ENLISTMENT OR EXTENSION OF ENLISTMENT FOR WHICH THE REENLISTMENT ALLOWANCE WAS LEGALLY PAID.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 29, 1926:

IRVING G. JOHNSTON, FORMERLY SERGEANT MAJOR, UNITED STATES MARINE CORPS, REQUESTED JUNE 18, 1925, REVIEW OF SETTLEMENT 133313-N, DECEMBER 19, 1925, BY WHICH WAS DISALLOWED HIS CLAIM FOR REFUND OF $112.50 WITHHELD FROM HIS FINAL PAY ON DISCHARGE JULY 18, 1924, FROM THE MARINE CORPS AT HIS OWN REQUEST AND FOR HIS OWN CONVENIENCE AFTER SERVICE OF ONE YEAR AND ELEVEN DAYS IN A FOUR-YEAR EXTENSION OF ENLISTMENT.

MARINE CORPS HEADQUARTERS REPORTED THAT CLAIMANT ORIGINALLY ENLISTED IN THE MARINE CORPS JULY 6, 1908, AND SERVED THEREIN PRACTICALLY CONTINUOUSLY UNTIL DISCHARGED JULY 18, 1924. HE LAST ENLISTED JULY 8, 1920, AND EXTENDED THAT ENLISTMENT FOR FOUR YEARS, EFFECTIVE JULY 8, 1923. UPON SUCH EXTENSION HE WAS PAID THE REENLISTMENT ALLOWANCE AUTHORIZED BY SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, OF $200. UPON HIS SPECIAL ORDER DISCHARGE IN THE SECOND YEAR OF HIS EXTENSION, THE DISBURSING OFFICER IN STATING HIS FINAL ACCOUNT WITHHELD $112.50 WITH THE FOLLOWING EXPLANATION:

* * * CHECKED $112.50 ENLISTMENT ALLOWANCE IN ACCORDANCE WITH ART. 1686, PAR. 3 (B) NR, 1920 * * *.

PARAGRAPH 1686 (4), NAVAL REGULATIONS, 1920, PROVIDES IN PART AS FOLLOWS:

ENLISTED MEN OF THE NAVY NOT UNDERGOING PUNISHMENT, UNDER CHARGES, OR IN DEBT TO THE GOVERNMENT, MAY, AT THE DISCRETION OF THE SECRETARY OF THE NAVY WHEN THE EXIGENCIES OF THE SERVICE PERMIT, BE GRANTED FURLOUGH WITHOUT PAY FOR A PERIOD COVERING THE UNEXPIRED PORTION OF THEIR ENLISTMENT BY REIMBURSING THE GOVERNMENT FOR EXPENSES INCURRED IN THEIR BEHALF, AND FOR WHICH ADEQUATE RETURN BY SERVICE HAS NOT BEEN MADE, AS FOLLOWS:

3. MEN SERVING IN SECOND OR SUBSEQUENT ENLISTMENTS, OR UNDER EXTENDED ENLISTMENT, WHO RECEIVED AN HONORABLE DISCHARGE GRATUITY UPON REENLISTMENT, OR UPON EXTENDING ENLISTMENT---

(B) DURING SECOND YEAR OF ENLISTMENT, OR EXTENSION OF ENLISTMENT, BY REIMBURSING THE GOVERNMENT AN AMOUNT EQUAL TO THREE-FOURTHS OF THE GRATUITY.

THE ACT OF MARCH 3, 1893, 27 STAT. 717, PROVIDES:

* * * IN TIME OF PEACE THE PRESIDENT MAY IN HIS DISCRETION, AND UNDER SUCH RULES AND UPON SUCH CONDITIONS AS HE MAY PRESCRIBE, PERMIT ANY ENLISTED MAN TO PURCHASE HIS DISCHARGE FROM THE NAVY OR THE MARINE CORPS, THE AMOUNTS RECEIVED THEREFROM TO BE COVERED INTO THE TREASURY.

THE ACT OF AUGUST 29, 1916, 39 STAT. 580, PROVIDES:

THE SECRETARY OF THE NAVY IS HEREBY AUTHORIZED TO GRANT FURLOUGH WITHOUT PAY TO ENLISTED MEN FOR A PERIOD COVERING THE UNEXPIRED PORTION OF THEIR ENLISTMENT: PROVIDED, THAT SUCH FURLOUGH BE GRANTED UNDER THE SAME CONDITIONS AND IN LIEU OF DISCHARGE BY PURCHASE OR BY SPECIAL ORDER OF THE DEPARTMENT. ENLISTED MEN SO FURLOUGHED SHALL BE SUBJECT TO RECALL IN TIME OF WAR OR NATIONAL EMERGENCY TO COMPLETE THE UNEXPIRED PORTION OF THEIR ENLISTMENT, AND SHALL BE IN ADDITION TO THE AUTHORIZED NUMBER OF ENLISTED MEN OF THE NAVY.

WHILE THEREFORE THERE IS AMPLE PROVISION OF LAW FOR PROVIDING BY REGULATION FOR THE PURCHASE OF DISCHARGES IN THE NAVY AND MARINE CORPS TO SECURE REIMBURSEMENT TO THE GOVERNMENT WHERE FOR THE CONVENIENCE OF THE MAN THERE IS NOT RENDERED THE SERVICE CONTEMPLATED WHEN THE REENLISTMENT ALLOWANCE WAS PAID, IT IS NOT FOUND THAT ANY PROVISION HAS BEEN SO MADE; IN THE ABSENCE OF SUCH A REGULATION, OR SPECIAL DIRECTION BY THE SECRETARY IN AN INDIVIDUAL CASE, REFUND OF THE REENLISTMENT ALLOWANCE OR A PORTION THEREOF IS NOT REQUIRED OF AN ENLISTED MAN DISCHARGED AT HIS OWN REQUEST BEFORE THE EXPIRATION OF ENLISTMENT OR EXTENSION OF ENLISTMENT FOR WHICH THE REENLISTMENT ALLOWANCE WAS LEGALLY PAID.

UPON REVIEW THE SETTLEMENT IS REVISED AND $112.50 CERTIFIED DUE CLAIMANT.