A-20090, NOVEMBER 14, 1927, 7 COMP. GEN. 334

A-20090: Nov 14, 1927

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TRAVEL ALLOWANCE - PHILIPPINE SCOUTS THERE IS NO AUTHORITY OF LAW FOR THE PAYMENT OF TRAVEL ALLOWANCE TO ENLISTED MEN OF THE PHILIPPINE SCOUTS WHO WERE DISCHARGED PRIOR TO THE PASSAGE OF THE ACT OF MAY 10. THAT HE WAS DISCHARGED JULY 17. THAT HE WAS NOT PAID TRAVEL ALLOWANCE BY REASON OF SAID DISCHARGE. THERE WAS NO LAW AUTHORIZING PAYMENT OF SUCH ALLOWANCE UNTIL THE ACT OF MAY 10. THE SAME ARE HEREBY. LIGHT WHICH HAVE BEEN COLLECTED BACK FROM ENLISTED MEN OF THE PHILIPPINE SCOUTS TO WHOM ORIGINALLY PAID. SINCE CLAIMANT WAS NEVER PAID TRAVEL ALLOWANCE AS A PHILIPPINE SCOUT. THE PROVISION OF THE ACT AUTHORIZING PAYMENT OF TRAVEL ALLOWANCES ON DISCHARGE IS NOT RETROACTIVE AND THEREFORE DOES NOT AUTHORIZE ORIGINAL PAYMENT OF SUCH ALLOWANCES FOR DISCHARGES OCCURRING PRIOR TO THE DATE OF THE ACT.

A-20090, NOVEMBER 14, 1927, 7 COMP. GEN. 334

TRAVEL ALLOWANCE - PHILIPPINE SCOUTS THERE IS NO AUTHORITY OF LAW FOR THE PAYMENT OF TRAVEL ALLOWANCE TO ENLISTED MEN OF THE PHILIPPINE SCOUTS WHO WERE DISCHARGED PRIOR TO THE PASSAGE OF THE ACT OF MAY 10, 1926, 44 STAT. 496, WHERE THEY HAD NOT BEEN PAID TRAVEL ALLOWANCE ON DISCHARGE.

DECISION BY ASSISTANT COMPTROLLER GENERAL GINN, NOVEMBER 14, 1927:

ALBERT LAROCO REQUESTED REVIEW OF SETTLEMENT 0165980 OF FEBRUARY 7, 1927, DISALLOWING HIS CLAIM FOR TRAVEL ALLOWANCE BY REASON OF HIS DISCHARGE ON JULY 17, 1916, AS PRIVATE, SIXTEENTH COMPANY, PHILIPPINE SCOUTS.

THE RECORDS SHOW THAT CLAIMANT ENLISTED OCTOBER 23, 1913, AT CAMP WARD, CHENEY, P.I.; THAT HE WAS DISCHARGED JULY 17, 1916, AT MANILA, P.I.; AND THAT HE WAS NOT PAID TRAVEL ALLOWANCE BY REASON OF SAID DISCHARGE.

THE ACT OF FEBRUARY 2, 1901, 31 STAT. 748, SEC. 36, AUTHORIZED THE PRESIDENT TO ENLIST NATIVES OF THE PHILIPPINE ISLANDS IN ORGANIZATIONS TO BE KNOWN AS PHILIPPINE SCOUTS AND PROVIDED THAT THE PAY, RATIONS, AND CLOTHING ALLOWANCES TO BE AUTHORIZED FOR SUCH ENLISTED MEN SHALL BE FIXED BY THE SECRETARY OF WAR AND SHALL NOT EXCEED THOSE AUTHORIZED FOR THE REGULAR ARMY. THIS ACT DID NOT AUTHORIZE PAYMENT OF TRAVEL ALLOWANCES TO PHILIPPINE SCOUTS, AND THERE WAS NO LAW AUTHORIZING PAYMENT OF SUCH ALLOWANCE UNTIL THE ACT OF MAY 10, 1926, 44 STAT. 496, AMENDING THE ACT OF FEBRUARY 2, 1901, WHICH IN PART PROVIDES:

THE PAY AND ALLOWANCES OF WHATEVER NATURE AND KIND TO BE AUTHORIZED FOR THE ENLISTED MEN OF THE PHILIPPINE SCOUTS SHALL BE FIXED BY THE SECRETARY OF WAR AND SHALL NOT EXCEED OR BE OF OTHER CLASSES THAN THOSE NOW OR WHICH MAY HEREAFTER BE AUTHORIZED BY LAW FOR ENLISTED MEN OF THE REGULAR ARMY: PROVIDED, THAT PAYMENTS OF TRAVEL PAY AND OF COMMUTATION OF QUARTERS, HEAT, AND LIGHT HERETOFORE MADE TO ENLISTED MEN OF THE PHILIPPINE SCOUTS, IF NOT IN EXCESS OF THOSE AUTHORIZED AT THE TIME FOR ENLISTED MEN OF THE REGULAR ARMY, BE, AND THE SAME ARE HEREBY, VALIDATED: AND PROVIDED FURTHER, THAT ANY SUCH PAYMENTS OF TRAVEL PAY AND COMMUTATION OF QUARTERS, HEAT, AND LIGHT WHICH HAVE BEEN COLLECTED BACK FROM ENLISTED MEN OF THE PHILIPPINE SCOUTS TO WHOM ORIGINALLY PAID, SHALL BE REFUNDED TO THEM.

SINCE CLAIMANT WAS NEVER PAID TRAVEL ALLOWANCE AS A PHILIPPINE SCOUT, THE PROVISION FOR REFUNDMENT IN THE ACT HAS NO APPLICATION TO HIS CASE. THE PROVISION OF THE ACT AUTHORIZING PAYMENT OF TRAVEL ALLOWANCES ON DISCHARGE IS NOT RETROACTIVE AND THEREFORE DOES NOT AUTHORIZE ORIGINAL PAYMENT OF SUCH ALLOWANCES FOR DISCHARGES OCCURRING PRIOR TO THE DATE OF THE ACT. DECISION REVIEW 5938, MARCH 13, 1924, 31 MS. COMP. GEN. 444-A; REVIEW 4935, SEPTEMBER 8, 1924, 37 ID. 276; A 4723, OCTOBER 23, 1924, 38 ID. 747.