A-19066, JULY 15, 1927, 7 COMP. GEN. 39

A-19066: Jul 15, 1927

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FURLOUGH RATION - ARMY ENLISTED MAN OVERSTAYING FURLOUGH LEAVE WHERE AN ENLISTED MAN OF THE ARMY ABSENT ON FURLOUGH NEVER RETURNED TO HIS PROPER STATION BUT UPON THE LAST DAY OF HIS FURLOUGH MADE HIS APPEARANCE AT A DISTANT STATION TO WHICH HE WAS LATER TRANSFERRED. HE IS NOT ENTITLED TO THE FURLOUGH RATION. PAYMENT OF WHICH IS AUTHORIZED ONLY WHEN THE SOLDIER RETURNS TO HIS PROPER STATION ON OR BEFORE THE LAST DAY OF HIS FURLOUGH OR WHEN THERE IS AN OVERSTAYING OF FURLOUGH LEAVE HIS IMMEDIATE COMMANDING OFFICER EXCUSES SUCH OVERSTAYING UPON HIS RETURN TO HIS PROPER STATION. A COPY OF THE SOLDIER'S FURLOUGH SHOWS IT WAS GRANTED AT HIS STATION. THAT HE WAS AUTHORIZED TO VISIT LA GRANGE. WAS DIRECTED TO REPORT FOR DUTY ON OR BEFORE DECEMBER 7.

A-19066, JULY 15, 1927, 7 COMP. GEN. 39

FURLOUGH RATION - ARMY ENLISTED MAN OVERSTAYING FURLOUGH LEAVE WHERE AN ENLISTED MAN OF THE ARMY ABSENT ON FURLOUGH NEVER RETURNED TO HIS PROPER STATION BUT UPON THE LAST DAY OF HIS FURLOUGH MADE HIS APPEARANCE AT A DISTANT STATION TO WHICH HE WAS LATER TRANSFERRED, HE IS NOT ENTITLED TO THE FURLOUGH RATION, PAYMENT OF WHICH IS AUTHORIZED ONLY WHEN THE SOLDIER RETURNS TO HIS PROPER STATION ON OR BEFORE THE LAST DAY OF HIS FURLOUGH OR WHEN THERE IS AN OVERSTAYING OF FURLOUGH LEAVE HIS IMMEDIATE COMMANDING OFFICER EXCUSES SUCH OVERSTAYING UPON HIS RETURN TO HIS PROPER STATION.

COMPTROLLER GENERAL MCCARL TO MAJ. W. A. MACNICHOLL, UNITED STATES ARMY, JULY 15, 1927:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT CERTIFICATE NO. 22790-W, DATED DECEMBER 16, 1926, DISALLOWING CREDIT IN YOUR ACCOUNT FOR $13.20 PAID PRIVATE PAUL M. PURKEY AS FURLOUGH RATION FOR THE PERIOD OCTOBER 24 TO DECEMBER 7, 1925.

A COPY OF THE SOLDIER'S FURLOUGH SHOWS IT WAS GRANTED AT HIS STATION, FORT BENNING, GA., FOR 45 DAYS FROM OCTOBER 24, 1925, TO DECEMBER 7, 1925; THAT HE WAS AUTHORIZED TO VISIT LA GRANGE, GA., AND WAS DIRECTED TO REPORT FOR DUTY ON OR BEFORE DECEMBER 7, 1925, TO COMPANY C, FIFTEENTH TANK BATTALION, FORT BENNING, GA. FIRST LIEUT. LEONARD L. DAVIS, THIRD COAST ARTILLERY, FORT MACARTHUR, CALIF., CERTIFIES THE SOLDIER REPORTED AT THAT STATION ON DECEMBER 7, 1925.

ARMY REGULATIONS 35-4520, DATED DECEMBER 30, 1924, PROVIDE THEREIN FOR THE PAYMENT OF THE MONEY VALUE OF A GARRISON RATION TO ENLISTED MEN OF THE ARMY WHILE ON FURLOUGH AND CONTAINS THE FOLLOWING PROVISIONS:

PARAGRAPH 7 (C):

(3) FURLOUGH ALLOWANCES ARE NOT PAYABLE IF A FURLOUGH IS OVERSTAYED, UNLESS THE OVERSTAYING IS EXCUSED BY THE COMMANDING OFFICER, IN WHICH EVENT PAYMENT WILL BE MADE FOR THE ENTIRE PERIOD OF ABSENCE, AUTHORIZED AND EXCUSED.

PARAGRAPH 10 (2):

(B) DAY REJOINED OR DISCHARGED.--- AN ENLISTED MAN'S IMMEDIATE COMMANDING OFFICER WILL INDORSE ON HIS FURLOUGH THE DAY ON WHICH HE REJOINED HIS PROPER STATION OR WAS DISCHARGED. IF THE OVERSTAYING OF A FURLOUGH BE EXCUSED, THAT FACT WILL BE STATED.

PARAGRAPH 14:

(1) REPORT REQUIRED.--- WHENEVER MONETARY ALLOWANCE IN LIEU OF RATIONS IS PAID TO ENABLE AN ENLISTED MAN ON FURLOUGH TO REACH HIS PROPER STATION, THE OFFICER PAYING IT WILL REPORT THE AMOUNT PAID, AND THE PROCUREMENT AUTHORITY INVOLVED, TO THE ENLISTED MAN'S IMMEDIATE COMMANDING OFFICER.

(2) ACTION BY IMMEDIATE COMMANDING OFFICER.--- THE ENLISTED MAN'S IMMEDIATE COMMANDING OFFICER WILL CAUSE TO BE ENTERED AGAINST HIM, ON THE NEXT PAY ROLL OF THE ORGANIZATION, CHARGES AS OLLOWS:

(A) SHOULD THE ENLISTED MAN REACH HIS PROPER STATION ON OR BEFORE THE LAST DAY OF HIS FURLOUGH, THE FULL AMOUNT STATED IN THE REPORT REQUIRED BY (1) ABOVE WILL BE CHARGED.

(B) SHOULD HE REACH HIS PROPER STATION AFTER THE EXPIRATION OF HIS FURLOUGH AND THE OVERSTAYING THEREOF BE NOT EXCUSED, THE FULL AMOUNT WILL LIKEWISE BE CHARGED.

(C) SHOULD THE OVERSTAYING OF THE FURLOUGH BE EXCUSED, THE AMOUNT CHARGED WILL BE THE FULL AMOUNT, DIMINISHED BY THE FURLOUGH RATE (PARAGRAPH 7C) PER DAY FOR THE NUMBER OF DAYS THE ENLISTED MAN OVERSTAYED HIS FURLOUGH.

THE REGULATIONS ARE CLEAR THAT PAYMENT OF THE FURLOUGH RATION IS AUTHORIZED WHEN THE SOLDIER RETURNS TO HIS PROPER STATION ON OR BEFORE THE LAST DAY OF HIS FURLOUGH AND WHEN THERE IS AN OVERSTAYING OF LEAVE IF UPON HIS RETURN TO PROPER STATION THE OVERSTAYING IS EXCUSED BY HIS IMMEDIATE COMMANDING OFFICER. PRIVATE PURKEY MADE HIS APPEARANCE AT A STATION OVER 2,000 MILES DISTANT FROM HIS PROPER STATION ON THE LAST DAY OF HIS FURLOUGH, WHEN IT WOULD HAVE BEEN IMPOSSIBLE FOR HIM TO PROCURE TRANSPORTATION TO ARRIVE AT HIS PROPER STATION BEFORE HIS FURLOUGH EXPIRED. HE NEVER REPORTED TO HIS PROPER STATION. HIS OVERSTAYING COULD NOT THEREFORE BE EXCUSED BY HIS COMMANDING OFFICER. UNDER THE REGULATIONS HE WAS NOT ENTITLED TO THE FURLOUGH RATION.