A-20914, DECEMBER 30, 1927, 7 COMP. GEN. 403

A-20914: Dec 30, 1927

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DISCHARGE - NAVY ENLISTED MEN PAYMENT OF A DISCHARGE GRATUITY NOT TO EXCEED $25 IS AUTHORIZED BY THE ACT OF MARCH 4. FOR DECISION WHETHER PAYMENT OF DISCHARGE GRATUITY IS AUTHORIZED BY THE ACT OF MARCH 4. SO MUCH OF THE SENTENCE AS RELATES TO DISHONORABLE DISCHARGE WAS REMITTED PROVIDED THE MAN CONDUCTED HIMSELF IN A SATISFACTORY MANNER DURING THE PERIOD OF CONFINEMENT AND FOR SIX MONTHS THEREAFTER. WAS THEREAFTER RESTORED TO DUTY (ON PROBATION). WHEREUPON HE WAS ORDERED DISHONORABLY DISCHARGED IN ACCORDANCE WITH THE TERMS OF THE SENTENCE IN HIS CASE. IT WAS STATED IN THE DECISION. GEN. 18: AS SENTENCES OF GENERAL COURTS-MARTIAL AND REGULATIONS MADE IN RELATION THERETO TAKE CARE OF THE GRATUITY FOR MEN WHO ARE SENTENCED TO CONFINEMENT IN PRISON.

A-20914, DECEMBER 30, 1927, 7 COMP. GEN. 403

GRATUITIES, DISCHARGE - NAVY ENLISTED MEN PAYMENT OF A DISCHARGE GRATUITY NOT TO EXCEED $25 IS AUTHORIZED BY THE ACT OF MARCH 4, 1925, 43 STAT. 1274, AND REGULATIONS ISSUED THEREUNDER, TO PERSONS DISCHARGED FROM THE NAVAL SERVICE IN ACCORDANCE WITH SENTENCES OF COURTS-MARTIAL NOT INVOLVING CONFINEMENT IN A NAVAL PRISON WHEN DISCHARGED. 5 COMP. GEN. 16, AMPLIFIED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, DECEMBER 30, 1927:

THERE HAS BEEN RECEIVED YOUR REQUEST OF DECEMBER 12, 1927, FOR DECISION WHETHER PAYMENT OF DISCHARGE GRATUITY IS AUTHORIZED BY THE ACT OF MARCH 4, 1925, 43 STAT. 1274, UNDER THE CONDITIONS SPECIFIED IN THE CASES CITED IN PARAGRAPH 1, SUBPARAGRAPHS (1) AND (2) OF A LETTER FROM THE ASSISTANT PAYMASTER, UNITED STATES MARINE CORPS, SAN FRANCISCO, CALIF., AS FOLLOWS:

(1) BAD-CONDUCT DISCHARGE IN PURSUANCE OF SENTENCE OF SUMMARY COURT- MARTIAL, INVOLVING CONFINEMENT IN A GARRISON BRIG.

(2) DISHONORABLE DISCHARGE IN PURSUANCE OF THE SENTENCE OF A GENERAL COURT-MARTIAL WHICH INVOLVES CONFINEMENT OF SIX MONTHS IN A NAVAL PRISON. SO MUCH OF THE SENTENCE AS RELATES TO DISHONORABLE DISCHARGE WAS REMITTED PROVIDED THE MAN CONDUCTED HIMSELF IN A SATISFACTORY MANNER DURING THE PERIOD OF CONFINEMENT AND FOR SIX MONTHS THEREAFTER. THE MAN SERVED THE PERIOD OF CONFINEMENT ADJUDGED, WAS THEREAFTER RESTORED TO DUTY (ON PROBATION), AND SUBSEQUENTLY CONDUCTED HIMSELF UNSATISFACTORILY, WHEREUPON HE WAS ORDERED DISHONORABLY DISCHARGED IN ACCORDANCE WITH THE TERMS OF THE SENTENCE IN HIS CASE.

SECTION 10 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1274, PROVIDES 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 * * *.

DECISION OF JULY 9, 1925, 5 COMP. GEN. 16, CONSIDERED PROPOSED CHANGES IN SECTION B OF ,INSTRUCTIONS FOR CARRYING INTO EFFECT THE JOINT SERVICE PAY BILL, ACT OF JUNE 10, 1922," BASED ON SECTION 10 OF THE ACT OF MARCH 4, 1925. THE CHANGES PROVIDED FOR THE PAYMENT OF THE GRATUITY UPON CERTAIN DISCHARGES BY REASON OF MEDICAL SURVEY FOR MENTAL OR PHYSICAL DISABILITY, DISHONORABLE DISCHARGE IN ACCORDANCE WITH THE APPROVED SENTENCE OF A GENERAL COURT-MARTIAL, AND BAD-CONDUCT DISCHARGE IN ACCORDANCE WITH THE APPROVED SENTENCE OF A GENERAL OR SUMMARY COURT-MARTIAL.

IT WAS STATED IN THE DECISION, 5 COMP. GEN. 18:

AS SENTENCES OF GENERAL COURTS-MARTIAL AND REGULATIONS MADE IN RELATION THERETO TAKE CARE OF THE GRATUITY FOR MEN WHO ARE SENTENCED TO CONFINEMENT IN PRISON, IT WOULD APPEAR THAT THE HEADING ,DISCHARGES IN ACCORDANCE WITH SENTENCES OF COURTS-MARTIAL" SHOULD HAVE ADDED THERETO "NOT INVOLVING CONFINEMENT.'

THE CHANGE AS APPEARING IN ARTICLE 25-37, MARINE CORPS MANUAL, 1926, CARRIES THE QUALIFYING WORDS "NOT INVOLVING CONFINEMENT," AND IT APPEARS THAT THE QUESTION PRESENTED ARISES BY REASON THEREOF.

FOR MEN CONFINED AT THE TIME OF DISCHARGE IN A NAVAL PRISON OR AT A RECEIVING SHIP OR STATION DESIGNATED AS A NAVAL PRISON PAYMENT OF A GRATUITY OF $25 IS AUTHORIZED BY SECTION 13 OF THE ACT FEBRUARY 16, 1909, 35 STAT. 622, AND REGULATIONS ISSUED THEREUNDER, AND THE THOUGHT WAS TO CONFINE THE OPERATION OF THE ACT OF MARCH 4, 1925, TO CASES NOT WITHIN THE ACT OF 1909. THE SUGGESTED HEADING WAS NOT, HOWEVER, SUFFICIENTLY INCLUSIVE. A MORE DEFINITE DESCRIPTION OF THE CLASS PROVIDED FOR IN THE REGULATIONS THERE CONSIDERED IS "DISCHARGES IN ACCORDANCE WITH SENTENCES OF COURTS-MARTIAL NOT INVOLVING CONFINEMENT IN A NAVAL PRISON WHEN DISCHARGED.'

IN NEITHER OF THE CASES SUBMITTED IN THE BASIC COMMUNICATION WERE THE MEN DISCHARGED AT A NAVAL PRISON (OR AT A RECEIVING SHIP OR STATION DESIGNATED AS A NAVAL PRISON) UPON COMPLETION OF A PRISON SENTENCE. PAYMENT OF THE GRATUITY SHOULD BE MADE IN ACCORDANCE WITH ARTICLE 25-37, MARINE CORPS MANUAL, 1926.

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