A-25551, JANUARY 5, 1929, 8 COMP. GEN. 336

A-25551: Jan 5, 1929

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TRAVEL ALLOWANCE - ARMY ENLISTED MAN AND ENLISTED MAN OF THE ARMY WHO WAS ACCEPTED FOR ENLISTMENT AT FORT EUSTIS. IS ENTITLED TO THE TRAVEL ALLOWANCE PROVIDED BY THE ACT OF SEPTEMBER 22. MASTER SERGEANT MORRISY WAS ACCEPTED FOR ENLISTMENT AT FORT EUSTIS. WHICH IS COVERED BY THE ATTACHED SUPPLEMENTAL VOUCHER. 3. FOR WHICH DECISION IS REQUESTED. IS WHETHER THIS SOLDIER IS ENTITLED UNDER THE ACT OF SEPTEMBER 22. WHERE SEA TRAVEL IS INVOLVED TRAVEL ALLOWANCE IS PAYABLE BY THE ROUTE THE MAN WOULD BE FURNISHED TRANSPORTATION IN KIND OF AUTHORIZED REGULATIONS PROVIDE FOR A ROUTING OTHER THAN THE SHORTEST USUALLY TRAVELED ROUTE. WHERE EITHER THE PLACE OF ACCEPTANCE FOR ENLISTMENT OR PLACE OF DISCHARGE IS AN OVERSEAS STATION.

A-25551, JANUARY 5, 1929, 8 COMP. GEN. 336

TRAVEL ALLOWANCE - ARMY ENLISTED MAN AND ENLISTED MAN OF THE ARMY WHO WAS ACCEPTED FOR ENLISTMENT AT FORT EUSTIS, VA., AND DISCHARGED AT FORT SHAFTER, HAWAII, BY REASON OF EXPIRATION OF TERM OF SERVICE, IS ENTITLED TO THE TRAVEL ALLOWANCE PROVIDED BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, FOR THE LAND DISTANCE BY THE SHORTEST USUALLY TRAVELED ROUTE, THE ARMY REGULATIONS NOT PROVIDING A DIFFERENT ROUTING FOR THE SEA PORTION OF THE JOURNEY.

ACTING COMPTROLLER GENERAL GINN TO CAPT. L. L. SIMMS, UNITED STATES ARMY, JANUARY 5, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 17, 1928 (246.6 TIMES 016, SUBMITTING A SUPPLEMENTAL FINAL STATEMENT IN FAVOR OF WALTER MORRISY, R-147804, MASTER SERGEANT, HEADQUARTERS BATTERY, SIXTY FOURTH COAST ARTILLERY, UNITED STATES ARMY, IN THE SUM OF $159.90, COVERING TRAVEL PAY FROM FORT SHAFTER, HAWAII, TO FORT EUSTIS, VA., WITH STATEMENT AS FOLLOWS:

2. AS SHOWN ON THE FINAL STATEMENT, MASTER SERGEANT MORRISY WAS ACCEPTED FOR ENLISTMENT AT FORT EUSTIS, VA., ON NOVEMBER 14, 1925, AND DISCHARGED NOVEMBER 13, 1928, PER EXPIRATION TERM OF SERVICE AT FORTH SHAFTER, HAWAII, BEING PAID ON ORIGINAL FINAL STATEMENT (VOUCHER NO. 493, NOVEMBER 1928, ACCOUNTS OF THE UNDERSIGNED), ALL PAY AND ALLOWANCES DUE AT DATE OF DISCHARGE, EXCEPT TRAVEL, WHICH IS COVERED BY THE ATTACHED SUPPLEMENTAL VOUCHER.

3. THE QUESTION INVOLVED IN MAKING PAYMENT OF THE VOUCHER, AND FOR WHICH DECISION IS REQUESTED, IS WHETHER THIS SOLDIER IS ENTITLED UNDER THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, TO TRAVEL PAY FROM FORT SHAFTER, HAWAII, TO FORT EUSTIS, VA., FOR 3,198 MILES--- THE LAND DISTANCE BETWEEN THOSE POINTS BY THE SHORTEST USUALLY TRAVELED ROUTE, TRANSPORTATION IN KIND ON AN ARMY TRANSPORT BEING AVAILABLE UNDER SUBPARAGRAPH (B) 2, PAGE 4, ARMY REGULATIONS 30-1195, OCTOBER 1, 1927, FOR SEA TRAVEL BETWEEN HONOLULU, HAWAII, AND SAN FRANCISCO, CALIF.--- AT 5 CENTS PER MILE, $159.90, IN VIEW OF YOUR DECISION A-23761 OF AUGUST 3, 1928 (8 COMP. GEN. 53).

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:

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: * * *.

WHERE SEA TRAVEL IS INVOLVED TRAVEL ALLOWANCE IS PAYABLE BY THE ROUTE THE MAN WOULD BE FURNISHED TRANSPORTATION IN KIND OF AUTHORIZED REGULATIONS PROVIDE FOR A ROUTING OTHER THAN THE SHORTEST USUALLY TRAVELED ROUTE. WHERE 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. 8 COMP. GEN. 53-54. FOR LAND TRAVEL, TRAVEL ALLOWANCE IS PAYABLE BY THE SHORTEST USUALLY TRAVELED ROUTE.

THE ARMY REGULATIONS PROVIDE:

30-1195, OCTOBER 1, 1927. "TRANSPORTATION OF INDIVIDUALS ON TRANSPORTS," PAGE 4.

(B) ON DISCHARGE OR RETIREMENT.

2. AN ENLISTED MAN, A RESIDENT OF THE UNITED STATES, ENTITLED TO TRANSPORTATION AT THE EXPENSE OF THE GOVERNMENT, WHO IS DISCHARGED WHILE SERVING IN A PLACE OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED STATES MAY BE PROVIDED TRANSPORTATION, INCLUDING SUBSISTENCE IN KIND, TO THE UNITED STATES ON A GOVERNMENT TRANSPORT. TRANSPORTATION AT GOVERNMENT EXPENSE ON A COMMERCIAL VESSEL, IN CASE A TRANSPORT SERVICE IS NOT MAINTAINED BETWEEN THE LOCALITY OF DISCHARGE AND THE UNITED STATES, WILL BE FURNISHED DISCHARGED SOLDIERS AND CIVILIAN EMPLOYEES ENTITLED TO SUCH RETURN TRANSPORTATION. APPLICATION FOR RETURN TRANSPORTATION MUST BE MADE WITHIN 30 DAYS AFTER DATE OF DISCHARGE OR THE RIGHT TO TRANSPORTATION WILL BE FORFEITED, UNLESS THE DEPARTMENT COMMANDER DECIDES THAT THE CIRCUMSTANCES JUSTIFY AN EXCEPTION BEING MADE TO THIS REQUIREMENT.

THE REGULATIONS NOT PROVIDING SPECIFICALLY FOR A ROUTING VIA WATER FROM HAWAII TO THE EASTERN COAST OF THE UNITED STATES, AND MASTER SERGEANT MORRISY HAVING BEEN DISCHARGED AT FORT SHAFTER, HAWAII, HAD TRAVEL ACTUALLY BEEN PERFORMED BY HIM TO THE UNITED STATES, TRANSPORTATION WOULD HAVE BEEN REQUIRED TO BE FURNISHED TO HIM BY THE SHORTEST USUALLY TRAVELED ROUTE VIA SAN FRANCISCO, CALIF. HE IS, THEREFORE, ENTITLED UNDER THE LAW TO TRAVEL PAY AT THE RATE OF 5 CENTS PER MILE FOR THE LAND DISTANCE BY THE SHORTEST USUALLY TRAVELED ROUTE FROM SAN FRANCISCO, CALIF., TO FORT EUSTIS, VA., PLACE OF ACCEPTANCE FOR ENLISTMENT.