A-22374, APRIL 14, 1928, 7 COMP. GEN. 662

A-22374: Apr 14, 1928

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TRAVEL ALLOWANCE - NAVY ENLISTED MAN ON LEAVE WHERE AN ENLISTED MAN OF THE NAVY EXTENDED HIS ENLISTMENT AND SUBSEQUENTLY UPON BEING TRANSFERRED TO ANOTHER DUTY STATION HE WAS GRANTED LEAVE OF ABSENCE WITH ORDERS TO REPORT AT THE NEW STATION UPON EXPIRATION OF SAID LEAVE. HE IS ENTITLED TO TRAVEL ALLOWANCE FROM HIS OLD STATION TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT. IS ENTITLED TO TRAVEL ALLOWANCE FROM HAMPTON ROADS. IT APPEARS THAT WHILE SERVING IN AN ENLISTMENT WHICH WOULD HAVE EXPIRED FEBRUARY 25. HE WAS TRANSFERRED FROM THE UNITED STATES NAVAL TORPEDO STATION. WAS GRANTED LEAVE OF ABSENCE UNTIL MARCH 5. DATE HIS ORIGINAL ENLISTMENT WOULD HAVE EXPIRED. HE WAS ON SUCH AUTHORIZED LEAVE IN WASHINGTON.

A-22374, APRIL 14, 1928, 7 COMP. GEN. 662

TRAVEL ALLOWANCE - NAVY ENLISTED MAN ON LEAVE WHERE AN ENLISTED MAN OF THE NAVY EXTENDED HIS ENLISTMENT AND SUBSEQUENTLY UPON BEING TRANSFERRED TO ANOTHER DUTY STATION HE WAS GRANTED LEAVE OF ABSENCE WITH ORDERS TO REPORT AT THE NEW STATION UPON EXPIRATION OF SAID LEAVE, AND WHILE ON LEAVE HIS EXTENSION OF ENLISTMENT BECAME EFFECTIVE, HE IS ENTITLED TO TRAVEL ALLOWANCE FROM HIS OLD STATION TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, APRIL 14, 1928:

THERE HAS BEEN RECEIVED YOUR THIRD INDORSEMENT DATED APRIL 2, 1928, REQUESTING DECISION WHETHER JERRIE LEE PATTERSON, C.T.M., UNITED STATES NAVY, BY REASON OF FIRST EXTENSION OF ENLISTMENT WHICH BECAME EFFECTIVE FEBRUARY 26, 1928, WHILE ON AUTHORIZED LEAVE, IS ENTITLED TO TRAVEL ALLOWANCE FROM HAMPTON ROADS, VA., TO WASHINGTON, D.C., PLACE OF ACCEPTANCE FOR ENLISTMENT.

IT APPEARS THAT WHILE SERVING IN AN ENLISTMENT WHICH WOULD HAVE EXPIRED FEBRUARY 25, 1928, PATTERSON EXTENDED SAID ENLISTMENT FOR A PERIOD OF TWO YEARS FROM DATE OF EXPIRATION THEREOF; THAT ON FEBRUARY 3, 1928, HE WAS TRANSFERRED FROM THE UNITED STATES NAVAL TORPEDO STATION, NEWPORT, R.I., TO THE U.S.S. LEXINGTON, AND WAS GRANTED LEAVE OF ABSENCE UNTIL MARCH 5, 1928, ON WHICH DATE HE REPORTED ON THE U.S.S. LEXINGTON, AT HAMPTON ROADS, VA.; THAT ON FEBRUARY 25, 1928, DATE HIS ORIGINAL ENLISTMENT WOULD HAVE EXPIRED, HE WAS ON SUCH AUTHORIZED LEAVE IN WASHINGTON, D.C., ON WHICH DATE THE LEXINGTON WAS AT HAMPTON ROADS, VA.

TRAVEL ALLOWANCE IS PROVIDED BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, AS FOLLOWS:

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 * *

UNDER THIS ACT AN ENLISTED MAN OF THE NAVY WHO EXTENDS HIS ORIGINAL TERM OF ENLISTMENT IS ENTITLED TO TRAVEL ALLOWANCE FOR THE FIRST EXTENSION THEREOF TO BE COMPUTED FROM THE PLACE WHERE HE MAY BE ON DUTY ON THE DATE OF EXPIRATION OF THE ORIGINAL TERM OF ENLISTMENT TO THE PLACE OF ACCEPTANCE FOR SUCH ENLISTMENT. 2 COMP. GEN. 616. THE QUESTION HERE PRESENTED IS WHETHER THE FACT THAT ON DATE HIS ORIGINAL ENLISTMENT EXPIRED PATTERSON WAS ON AUTHORIZED LEAVE IN WASHINGTON, D.C., HIS PLACE OF ACCEPTANCE FOR ENLISTMENT, PRECLUDES HIS RIGHT TO ANY TRAVEL ALLOWANCE. PATTERSON WAS NOT AT WASHINGTON, D.C., ON FEBRUARY 25, 1928, IN OBEDIENCE TO ORDERS, BUT TRAVELED TO THAT PLACE IN HIS OWN DISCRETION AND AT HIS OWN EXPENSE. HE WAS ALSO OBLIGATED TO AND DID PROCEED TO HIS DUTY STATION AT HIS OWN EXPENSE. AFTER DETACHMENT FROM DUTY AT NEWPORT, R.I., HE WAS NOT ACTUALLY ON DUTY AT THAT PLACE, NOR WAS HE ACTUALLY ON DUTY ON THE U.S.S. LEXINGTON UNTIL HE REPORTED THEREON ON MARCH 5, 1928. HE WAS ACTUALLY ON DUTY AT THE NAVAL TORPEDO STATION, RHODE ISLAND, ON FEBRUARY 3, 1928, WHEN GRANTED LEAVE, AND HE DID NOT ACQUIRE AN ACTUAL DUTY STATUS ON THE U.S.S. LEXINGTON UNTIL HE REPORTED THEREON ON MARCH 5, 1928. HE WAS GRANTED LEAVE OF ABSENCE FROM THE NAVAL TORPEDO STATION, NEW PORT, R.I. ACCORDINGLY, THAT STATION REMAINED PATTERSON'S DUTY STATION FOR THE PURPOSE OF TRAVEL ALLOWANCE UNTIL HE ACTUALLY ACQUIRED A NEW STATION BY REPORTING FOR DUTY ON THE U.S.S. LEXINGTON ON MARCH 5, 1928, AND YOU ARE ADVISED THAT HE IS ENTITLED TO TRAVEL ALLOWANCE FROM NEWPORT, R.I., TO WASHINGTON, D.C., PLACE OF ACCEPTANCE FOR ENLISTMENT.