A-23761, AUGUST 3, 1928, 8 COMP. GEN. 53

A-23761: Aug 3, 1928

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TRAVEL ALLOWANCE - ARMY ENLISTED MAN AN ENLISTED MAN OF THE ARMY WHO WAS ACCEPTED FOR ENLISTMENT AT MANILA. IS ENTITLED TO TRAVEL ALLOWANCE PROVIDED BY THE ACT OF SEPTEMBER 22. FOR THE LAND DISTANCE BY THE ROUTE TRANSPORTATION WOULD HAVE BEEN FURNISHED FOR THE SEA PORTION OF THE JOURNEY. REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY THE SUPPLEMENTAL FINAL STATEMENT SUBMITTED IN FAVOR OF WILLIAM S. THE VOUCHER SHOWS THAT PHILLIPS WAS ACCEPTED FOR ENLISTMENT AT MANILA. WAS DISCHARGED AT FORT HUNT. YOU STATE THAT YOU ARE IN DOUBT AS TO WHETHER OR NOT THE VOUCHER IS PROPERLY PAYABLE AS COMPUTED. WHICH IS 5 CENTS A MILE FROM FORT HUNT. TRAVEL ALLOWANCE IS PAYABLE BY THE ROUTE THE MAN WOULD BE FURNISHED TRANSPORTATION IN KIND.

A-23761, AUGUST 3, 1928, 8 COMP. GEN. 53

TRAVEL ALLOWANCE - ARMY ENLISTED MAN AN ENLISTED MAN OF THE ARMY WHO WAS ACCEPTED FOR ENLISTMENT AT MANILA, P.I., AND DISCHARGED AT FORT HUNT, VA., PER EXPIRATION OF TERM OF SERVICE, IS ENTITLED TO TRAVEL ALLOWANCE PROVIDED BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, FOR THE LAND DISTANCE BY THE ROUTE TRANSPORTATION WOULD HAVE BEEN FURNISHED FOR THE SEA PORTION OF THE JOURNEY--- I.E., FORT HUNT TO NEW YORK CITY.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, AUGUST 3, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 12, 1928 ).016-PHILLIPS, WILLIAM S.-P AND MB-MFC-FLB), REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY THE SUPPLEMENTAL FINAL STATEMENT SUBMITTED IN FAVOR OF WILLIAM S. PHILLIPS, STAFF SERGEANT, HEADQUARTERS COMPANY, 16TH BRIGADE, IN THE SUM OF $153.55, COVERING TRAVEL PAY FROM FORT HUNT, VA., TO MANILA, P.I., ON DISCHARGE OF JULY 6, 1928.

THE VOUCHER SHOWS THAT PHILLIPS WAS ACCEPTED FOR ENLISTMENT AT MANILA, P.I.; ENLISTED ON JULY 7, 1925, FOR A PERIOD OF THREE YEARS, AND WAS DISCHARGED AT FORT HUNT, VA., JULY 6, 1928, BY REASON OF EXPIRATION OF TERM OF SERVICE.

YOU STATE THAT YOU ARE IN DOUBT AS TO WHETHER OR NOT THE VOUCHER IS PROPERLY PAYABLE AS COMPUTED, WHICH IS 5 CENTS A MILE FROM FORT HUNT, VA., TO SAN FRANCISCO, CALIF., 3,071 MILES, A TOTAL OF $153.55.

THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, AMENDING SECTION 126 OF THE NATIONAL DEFENSE ACT, AS SET FORTH IN THE ACT OF FEBRUARY 28, 1919, 40 STAT. 1203, PROVIDES AS FOLLOWS:

SEC. 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: * * *.

TRAVEL ALLOWANCE IS PAYABLE BY THE ROUTE THE MAN WOULD BE FURNISHED TRANSPORTATION IN KIND. WHERE PLACE OF ACCEPTANCE FOR ENLISTMENT AND PLACE OF DISCHARGE ARE BOTH WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES, TRAVEL ALLOWANCE IS AUTHORIZED BY THE SHORTEST USUALLY TRAVELED ROUTE. WHERE, HOWEVER, EITHER THE PLACE OF ACCEPTANCE FOR ENLISTMENT OR PLACE OF DISCHARGE IS AN OVERSEAS STATION, THE ROUTE OF ACTUAL TRAVEL AUTHORIZED FOR FURNISHING TRANSPORTATION FOR THE SEA PORTION OF THE JOURNEY AS PROVIDED BY THE ACT OF SEPTEMBER 22, 1922, MUST BE USED.

ARMY REGULATIONS, NO. 30-1195, OCTOBER 1, 1927,"TRANSPORTATION OF INDIVIDUALS ON TRANSPORTS," PROVIDES, ON PAGE 4, WITH RESPECT TO ENLISTED MEN, AS FOLLOWS:

(B) ON DISCHARGE OR RETIREMENT.

1. AN ENLISTED MAN WHO ENLISTED IN THE MILITARY SERVICE AT AN OVERSEA PORT OR STATION IS ENTITLED TO TRANSPORTATION IN KIND AND SUBSISTENCE UPON AN ARMY TRANSPORT FROM THE TRANSPORT PORT NEAREST PLACE OF HIS DISCHARGE TO THE PORT NEAREST THE PLACE OF ENLISTMENT PROVIDED APPLICATION IS MADE WITHIN 30 DAYS AFTER HIS DISCHARGE FROM THE MILITARY SERVICE. AUTHORITY FOR SUCH TRANSPORTATION AND SUBSISTENCE WILL BE ISSUED BY THE OFFICER IN CHARGE AT THE PORT OF EMBARKATION UPON PRESENTATION OF DISCHARGE PAPERS.

IN THE CASE OF MIKE D. MARKOURIS, A-22210, THE SOLDIER WAS DISCHARGED AT FORT HOWARD, MD. THE PLACE OF ACCEPTANCE FOR ENLISTMENT IN THE EXPIRED ENLISTMENT WAS TIENTSIN, CHINA. THE ADJUTANT GENERAL WAS REQUESTED TO "SHOW THE MOST USUAL OFFICIAL TRAVELED ROUTE FROM FORT HOWARD, MD., TO TIENTSIN, CHINA, IN OCTOBER, 1927.' AND REPORTED DECEMBER 15, 1927, THAT "ENLISTED MEN ORDERED FROM FORTH HOWARD, MD., TO CHINA ARE SENT BY RAIL FROM BALTIMORE, MD., TO NEW YORK, N.Y., THENCE BY TRANSPORT TO SAN FRANCISCO, CLAIF., THENCE BY TRANSPORT TO CHINA.' THIS REPORT CONFORMS TO THE FOREGOING PROVISIONS OF ARMY REGULATIONS.

THE DISCHARGE IN THIS CASE HAVING BEEN AT FORT HUNT, VA., HAD ACTUAL TRAVEL BEEN PERFORMED TO MANILA, TRANSPORTATION BY ARMY TRANSPORT FROM NEW YORK TO MANILA WOULD HAVE BEEN FURNISHED TO SERGEANT PHILLIPS AS PROVIDED IN THE ACT OF 1922, AND TRAVEL ALLOWANCE COMPUTED BY A DIFFERENT ROUTE IS NEITHER AUTHORIZED NOR CONTEMPLATED BY THE LAW. TRAVEL ALLOWANCE IS PAYABLE IN THIS CASE ONLY FROM FORT HUNT, VA., TO NEW YORK CITY. YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER.