A-28871, NOVEMBER 1, 1929, 9 COMP. GEN. 179

A-28871: Nov 1, 1929

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WAS NOT RELEASED FROM ACTIVE DUTY OR DISENROLLED UNDER HONORABLE CONDITIONS WITHIN THE MEANING OF THE ACT OF MARCH 4. 1929: THERE IS FOR CONSIDERATION CLAIM OF VERNON KNAPP. UNDER THE LAW APPLICABLE WHEN CLAIMANT WAS DISCHARGED OFFICERS OF THE NAVAL RESERVE FORCE WERE ENTITLED TO MILEAGE ONLY FOR TRAVEL PERFORMED UNDER ORDERS. KNAPP WAS NOT ORDERED TO PERFORM ANY TRAVEL BUT SIMPLY DETACHED FROM ALL DUTY AND DISENROLLED. THEREFORE WAS NOT ENTITLED TO MILEAGE. HIS CLAIM WAS DISALLOWED IN SETTLEMENT BY THE AUDITOR FOR THE NAVY DEPARTMENT JUNE 11. WHICH PROVIDES: THAT THE GENERAL ACCOUNTING OFFICE IS HEREBY AUTHORIZED TO PAY MILEAGE AT THE RATE OF 8 CENTS PER MILE. TO SUCH FORMER OFFICERS OF THE UNITED STATES NAVAL RESERVE FORCE OR UNITED STATES MARINE CORPS RESERVE WHO HAVE BEEN RELEASED FROM ACTIVE SERVICE OR DISENROLLED UNDER HONORABLE CONDITIONS AND NOT AT HIS OWN REQUEST AT PLACES OTHER THAN THEIR HOMES OR PLACES OF ENROLLMENT.

A-28871, NOVEMBER 1, 1929, 9 COMP. GEN. 179

MILEAGE - NAVAL RESERVE FORCE OFFICERS AN OFFICER OF THE NAVAL RESERVE FORCE RELEASED FROM ACTIVE DUTY AND DISENROLLED PRIOR TO JULY 1, 1922, BECAUSE OF ABSENCE WITHOUT LEAVE, WAS NOT RELEASED FROM ACTIVE DUTY OR DISENROLLED UNDER HONORABLE CONDITIONS WITHIN THE MEANING OF THE ACT OF MARCH 4, 1929, 45 STAT 1556, SO AS TO ENTITLE HIM TO MILEAGE AS PROVIDED THEREIN.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 1, 1929:

THERE IS FOR CONSIDERATION CLAIM OF VERNON KNAPP, FORMER ENSIGN IN THE UNITED STATES NAVAL RESERVE FORCE, FOR MILEAGE FOR TRAVEL PERFORMED FROM ANNAPOLIS, MD., TO ST. LOUIS, MO., UPON DISCHARGE FROM THE NAVAL RESERVE FORCE JANUARY 2, 1919.

UNDER THE LAW APPLICABLE WHEN CLAIMANT WAS DISCHARGED OFFICERS OF THE NAVAL RESERVE FORCE WERE ENTITLED TO MILEAGE ONLY FOR TRAVEL PERFORMED UNDER ORDERS. KNAPP WAS NOT ORDERED TO PERFORM ANY TRAVEL BUT SIMPLY DETACHED FROM ALL DUTY AND DISENROLLED, AND THEREFORE WAS NOT ENTITLED TO MILEAGE. HIS CLAIM WAS DISALLOWED IN SETTLEMENT BY THE AUDITOR FOR THE NAVY DEPARTMENT JUNE 11, 1920. HE NOW MAKES APPLICATION FOR MILEAGE UNDER THE ACT APPROVED MARCH 4, 1929, 45 STAT. 1556, WHICH PROVIDES:

THAT THE GENERAL ACCOUNTING OFFICE IS HEREBY AUTHORIZED TO PAY MILEAGE AT THE RATE OF 8 CENTS PER MILE, COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE, FOR TRAVEL ACTUALLY PERFORMED WITHIN ONE YEAR FROM DATE AND PLACE OF RELEASE FROM ACTIVE DUTY OR DISENROLLMENT TO THEIR HOMES OR PLACES OF ENROLLMENT, TO SUCH FORMER OFFICERS OF THE UNITED STATES NAVAL RESERVE FORCE OR UNITED STATES MARINE CORPS RESERVE WHO HAVE BEEN RELEASED FROM ACTIVE SERVICE OR DISENROLLED UNDER HONORABLE CONDITIONS AND NOT AT HIS OWN REQUEST AT PLACES OTHER THAN THEIR HOMES OR PLACES OF ENROLLMENT, UPON THE PRESENTATION BY SUCH FORMER OFFICERS OF SATISFACTORY EVIDENCE SHOWING THAT THEY ACTUALLY PERFORMED SUCH TRAVEL TO THEIR HOMES OR PLACES OF ENROLLMENT: PROVIDED, THAT THE PROVISIONS OF THIS ACT SHALL BE APPLICABLE ONLY TO FORMER OFFICERS OF THE UNITED STATES NAVAL RESERVE FORCE OR UNITED STATES MARINE CORPS RESERVE WHO WERE ACTUALLY RELEASED FROM ACTIVE DUTY OR DISENROLLED UNDER HONORABLE CONDITIONS PRIOR TO JULY 1, 1922.

IT APPEARS FROM THE RECORD THAT KNAPP ENROLLED IN THE UNITED STATES NAVAL RESERVE FORCE AT ST. LOUIS, MO., ON JANUARY 26, 1918, AND WAS COMMISSIONED AN ENSIGN THEREIN SEPTEMBER 12, 1918. THE CHIEF OF THE BUREAU OF NAVIGATION HAS REPORTED THAT KNAPP WAS DISENROLLED FROM THE UNITED STATES NAVAL RESERVE FORCE ON JANUARY 2, 1919, AT ANNAPOLIS, MD., "BY DIRECTION OF THE SECRETARY OF THE NAVY AS THE RESULT OF HIS BEING ABSENT WITHOUT LEAVE.'

UNDER THE PROVISIONS OF THIS STATUTE THERE ARE TWO CONDITIONS WHICH PRECLUDE RIGHT TO THE MILEAGE SO AUTHORIZED TO THE PAID--- NAMELY, WHEN THE RELEASE FROM ACTIVE SERVICE OR DISENROLLMENT IS NOT UNDER HONORABLE CONDITIONS AND WHEN SUCH RELEASE WAS AT THE OFFICER'S OWN REQUEST. ABSENCE WITHOUT LEAVE IS AN OFFENSE AGAINST NAVAL DISCIPLINE, AND AN OFFICER DISCHARGED BECAUSE OF ABSENCE WITHOUT LEAVE CAN NOT BE SAID TO HAVE BEEN DISCHARGED UNDER HONORABLE CONDITIONS WITHIN THE MEANING OF THE ACT OF MARCH 4, 1929. 14 COMP. DEC. 116; 3 COMP. GEN. 866; DECISION A- 8843, JUNE 1, 1925, 46 MS. COMP. GEN. 23.

ACCORDINGLY, FORMER ENSIGN KNAPP IS NOT ENTITLED TO MILEAGE UNDER PROVISIONS OF THE ACT OF MARCH 4, 1929, 45 STAT. 1556.