A-12592, FEBRUARY 10, 1926, 5 COMP. GEN. 607

A-12592: Feb 10, 1926

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FOR AN ENLISTED MAN OF THE MARINE CORPS DISCHARGED WITH A BAD CONDUCT DISCHARGE IS LIMITED TO ACTUAL PURCHASE OF CLOTHING NECESSARY FOR WEAR BY THE MAN WHEN DISCHARGED AND PAYMENT TO HIM OF THE AMOUNT AS A GRATUITY IS NOT AUTHORIZED. IS PAYABLE IN THE DISCRETION OF THE COMMANDING OFFICER AND WHEN NOT SO PAID AT THE TIME OF DISCHARGE CLAIM THEREFOR MAY NOT BE ASSERTED AT A LATER DATE. LUEDKE AND WAS DISHONORABLY DISCHARGED APRIL 30. TO SERVE FOR A TERM OF THREE YEARS AND WAS DISCHARGED MARCH 18. IS AS FOLLOWS: THAT HEREAFTER PERSONS DISCHARGED FROM THE NAVAL SERVICE BY DISHONORABLE DISCHARGE. " FOR THE PURCHASE OF CIVILIAN OUTER CLOTHING IS FOR ACTUAL PURCHASE OF CLOTHING NECESSARY FOR WEAR BY THE MARINE WHEN GIVEN HIS DISCHARGE.

A-12592, FEBRUARY 10, 1926, 5 COMP. GEN. 607

GRATUITIES - CLOTHING ON DISCHARGE - CASH ON DISCHARGE THE PURCHASE OF CIVILIAN OUTER CLOTHING NOT IN EXCESS OF $15, UNDER THE PROVISIONS OF SECTION 10 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1274, FOR AN ENLISTED MAN OF THE MARINE CORPS DISCHARGED WITH A BAD CONDUCT DISCHARGE IS LIMITED TO ACTUAL PURCHASE OF CLOTHING NECESSARY FOR WEAR BY THE MAN WHEN DISCHARGED AND PAYMENT TO HIM OF THE AMOUNT AS A GRATUITY IS NOT AUTHORIZED. THE $25 GRATUITY AUTHORIZED BY SECTION 10 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1274, FOR THE IMMEDIATE NEEDS OF ENLISTED MEN DISCHARGED FROM THE NAVAL SERVICE FOR THE GOOD OF THE SERVICE, IS PAYABLE IN THE DISCRETION OF THE COMMANDING OFFICER AND WHEN NOT SO PAID AT THE TIME OF DISCHARGE CLAIM THEREFOR MAY NOT BE ASSERTED AT A LATER DATE.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 10, 1926:

ARTHUR H. CARTER HAS REQUESTED REVIEW OF SETTLEMENT NO. 13550-N, DATED AUGUST 4, 1925, DISALLOWING HIS CLAIM FOR $25, GRATUITY, AND $15, CLOTHING ALLOWANCE, BY REASON OF HIS DISCHARGE FROM THE MARINE CORPS FOR THE GOOD OF THE SERVICE MARCH 18, 1925.

IT APPEARS THAT CLAIMANT ENLISTED IN THE MARINE CORPS MARCH 13, 1914, UNDER THE NAME OF ARTHUR H. LUEDKE AND WAS DISHONORABLY DISCHARGED APRIL 30, 1916, PURSUANT TO THE SENTENCE OF A GENERAL COURT MARTIAL. REENLISTED OCTOBER 4, 1922, AT BUFFALO, N.Y., TO SERVE FOR A TERM OF THREE YEARS AND WAS DISCHARGED MARCH 18, 1925, AT BOSTON, MASS., PURSUANT TO THE SENTENCE OF A SUMMARY COURT-MARTIAL, A PRIVATE, WITH BAD-CONDUCT DISCHARGE. HE STATED NOVEMBER 23, 1925, THAT HE HAD CHANGED HIS NAME FROM ARTHUR H. LUEDKE TO ARTHUR H. CARTER BY COURT PROCEEDINGS.

SECTION 10 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1274, IS AS FOLLOWS:

THAT HEREAFTER PERSONS DISCHARGED FROM THE NAVAL SERVICE BY DISHONORABLE DISCHARGE, BAD-CONDUCT DISCHARGE, OR ANY OTHER DISCHARGE FOR THE GOOD OF THE SERVICE, MAY, UPON DISCHARGE, BE PAID A SUM NOT TO EXCEED $25: PROVIDED, THAT THE SAID SUM SHALL BE FIXED BY, AND IN THE DISCRETION OF, THE SECRETARY OF THE NAVY, AND SHALL BE PAID ONLY IN CASES WHERE THE PERSON SO DISCHARGED WOULD OTHERWISE BE WITHOUT FUNDS TO MEET HIS IMMEDIATE NEEDS: PROVIDED FURTHER, THAT HEREAFTER THE APPROPRIATION, "GENERAL EXPENSES, MARINE CORPS," SHALL BE AVAILABLE FOR THE PURCHASE OF CIVILIAN OUTER CLOTHING, NOT TO EXCEED $15 PER MAN, TO BE ISSUED WHEN NECESSARY TO MARINES DISCHARGED FOR BAD CONDUCT, UNDESIRABILITY, UNFITNESS, OR INAPTITUDE.

THE AUTHORIZATION FOR THE USE OF APPROPRIATION,"GENERAL EXPENSES, MARINE CORPS," FOR THE PURCHASE OF CIVILIAN OUTER CLOTHING IS FOR ACTUAL PURCHASE OF CLOTHING NECESSARY FOR WEAR BY THE MARINE WHEN GIVEN HIS DISCHARGE. COMP. GEN. 270. IF NO PURCHASE WAS NECESSARY THERE IS NO AUTHORITY TO PAY THE GRATUITY IN CASH.

THE PAYMENT TO PERSONS DISCHARGED FROM THE NAVAL SERVICE BY BAD CONDUCT DISCHARGE IN AN AMOUNT NOT TO EXCEED $25 IS NOT A REWARD FOR SUCH A DISCHARGE BUT IS FOR PAYMENT UNDER THE ABOVE ACT AND REGULATIONS PROMULGATED THEREUNDER WHEN PAYMENT IS DEEMED NECESSARY FOR THE MAN'S IMMEDIATE NEEDS, AND IF HE IS DISCHARGED WITHOUT PAYMENT HAVING BEEN MADE TO HIM, A CLAIM THEREFOR CAN NOT BE ASSERTED BY HIM. 5 COMP. GEN. 16.