A-16151, JUNE 25, 1927, 6 COMP. GEN. 842

A-16151: Jun 25, 1927

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TRAVEL ALLOWANCE - ENLISTED MAN OF THE ARMY AN ENLISTED MAN OF THE ARMY DISCHARGED BEFORE EXPIRATION OF HIS TERM OF ENLISTMENT TO PERMIT HIS REENLISTMENT FOR A LONGER PERIOD IS NOT "DISCHARGED FROM THE ARMY" WITHIN THE MEANING OF SECTION 126 OF THE ACT OF JUNE 3. UPON EVENTUALLY BEING COMPLETELY SEPARATED FROM THE SERVICE BY DISCHARGE HE IS ENTITLED TO TRAVEL ALLOWANCE TO THE PLACE OF ENTRY INTO THE SERVICE IN THE ENLISTMENT FROM WHICH DISCHARGED FOR PURPOSES OF REENLISTMENT. 1927: THERE IS FOR CONSIDERATION THE CLAIM OF FIRST SERGT. HE WAS DISCHARGED AT CAMP LEWIS. HE WAS DISCHARGED AT SCHOFIELD BARRACKS. IS THE ACT OF SEPTEMBER 22. IS NOT "DISCHARGED FROM THE ARMY" WITHIN THE MEANING OF THE TRAVEL PAY LAW CITED. 27 COMP.

A-16151, JUNE 25, 1927, 6 COMP. GEN. 842

TRAVEL ALLOWANCE - ENLISTED MAN OF THE ARMY AN ENLISTED MAN OF THE ARMY DISCHARGED BEFORE EXPIRATION OF HIS TERM OF ENLISTMENT TO PERMIT HIS REENLISTMENT FOR A LONGER PERIOD IS NOT "DISCHARGED FROM THE ARMY" WITHIN THE MEANING OF SECTION 126 OF THE ACT OF JUNE 3, 1916, 39 STAT. 217, AS AMENDED BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, AND UPON EVENTUALLY BEING COMPLETELY SEPARATED FROM THE SERVICE BY DISCHARGE HE IS ENTITLED TO TRAVEL ALLOWANCE TO THE PLACE OF ENTRY INTO THE SERVICE IN THE ENLISTMENT FROM WHICH DISCHARGED FOR PURPOSES OF REENLISTMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 25, 1927:

THERE IS FOR CONSIDERATION THE CLAIM OF FIRST SERGT. MILO D. MCCARL, BATTERY A, THIRTEENTH FIELD ARTILLERY, FOR THE DIFFERENCE BETWEEN TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM SCHOFIELD BARRACKS, HAWAII, TO CAMP DODGE, IOWA, AND SUCH ALLOWANCE PAID TO HIM ON DISCHARGE FROM THE ARMY AUGUST 23, 1923, COMPUTED ON THE DISTANCE FROM SCHOFIELD BARRACKS TO CAMP LEWIS, WASH.

THE RECORD SHOWS THAT CLAIMANT REENLISTED IN THE ARMY MAY 11, 1920, AT CAMP DODGE, IOWA, FOR ONE YEAR. ON AUGUST 23, 1920, PRIOR TO EXPIRATION OF HIS TERM OF ENLISTMENT, HE WAS DISCHARGED AT CAMP LEWIS, WASH., FOR THE PURPOSE OF REENLISTING FOR THREE YEARS WITH A VIEW TO HIS ASSIGNMENT TO FOREIGN SERVICE. HE WAS DISCHARGED AT SCHOFIELD BARRACKS, HAWAII, AUGUST 23, 1923, BY REASON OF EXPIRATION OF TERM OF ENLISTMENT.

THE LAW AUTHORIZING TRAVEL PAY AT THE TIME OF HIS DISCHARGE OF AUGUST 23, 1923, IS THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, WHICH PROVIDES IN PART AS FOLLOWS:

126. HEREAFTER AN ENLISTED MAN DISCHARGED FROM THE ARMY, NAVY, OR MARINE CORPS, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, SHALL RECEIVE 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF HIS DISCHARGE TO THE PLACE OF HIS ACCEPTANCE FOR ENLISTMENT, ENROLLMENT, OR MUSTER INTO THE SERVICE: PROVIDED, THAT FOR SEA TRAVEL INVOLVED IN TRAVEL BETWEEN PLACE OF DISCHARGE AND PLACE OF ACCEPTANCE FOR ENROLLMENT, ENLISTMENT, OR MUSTER INTO THE SERVICE ONLY TRANSPORTATION IN KIND AND SUBSISTENCE EN ROUTE SHALL BE ALLOWED: * * *

IT HAS BEEN UNIFORMLY HELD THAT AN ENLISTED MAN DISCHARGED BEFORE THE EXPIRATION OF HIS TERM OF ENLISTMENT, OR RELEASED FROM HIS CONTRACT OF ENLISTMENT IN ORDER TO ENABLE HIM TO CONTINUE IN THE MILITARY SERVICE, IS NOT "DISCHARGED FROM THE ARMY" WITHIN THE MEANING OF THE TRAVEL PAY LAW CITED. 27 COMP. DEC. 980; DECISION OF SEPTEMBER 11, 1925, A-10856. ALL SUCH CASES, HOWEVER, IT HAS BEEN UNIFORMLY HELD THAT WHEN EVENTUALLY COMPLETELY SEPARATED FROM THE SERVICE BY DISCHARGE TRAVEL PAY IS PAYABLE TO THE PLACE WHERE THE MAN ENTERED THE SERVICE IN THE ENLISTMENT FROM WHICH DISCHARGED BEFORE EXPIRATION OF ENLISTMENT TO CONTINUE IN THE MILITARY SERVICE, IS NOT "DISCHARGED FROM THE ARMY" WITHIN THE MEANING OF THE TRAVEL PAY LAW CITED. 27 COMP. DEC. 980; DECISION OF SEPTEMBER 11, 1925, A-10856. IN ALL SUCH CASES, HOWEVER, IT HAS BEEN UNIFORMLY HELD THAT WHEN EVENTUALLY COMPLETELY SEPARATED FROM THE SERVICE BY DISCHARGE TRAVEL PAY IS PAYABLE TO THE PLACE WHERE THE MAN ENTERED THE SERVICE IN THE ENLISTMENT FROM WHICH DISCHARGED BEFORE EXPIRATION OF ENLISTMENT TO CONTINUE IN THE MILITARY SERVICE IN ANOTHER ENLISTMENT OR IN ANOTHER CAPACITY, 2 COMP. DEC. 504; 26 ID. 339.

CLAIMANT'S "PLACE OF ACCEPTANCE OF ENLISTMENT, ENROLLMENT, OR MUSTER INTO THE SERVICE" IN THE ENLISTMENT EXPIRING AUGUST 23, 1923, WAS THEREFORE CAMP DODGE, IOWA, AND HE IS ENTITLED TO TRAVEL PAY TO THAT PLACE, BEING FOR 1,941 MILES AT 5 CENTS PER MILE, OR $97.05. PAYMENT IS AUTHORIZED OF HIS CLAIM FOR THE DIFFERENCE BETWEEN THIS AMOUNT AND $46.45 RECEIVED BY HIM AT TIME OF DISCHARGE, OR $50.60.