A-30624, MARCH 7, 1930, 9 COMP. GEN. 385

A-30624: Mar 7, 1930

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

AN ENLISTED MAN OF THE MARINE CORPS WHO WAS ABSENT IN THE HANDS OF THE CIVIL AUTHORITIES SERVING A SENTENCE UPON CONVICTION OF A CRIMINAL OFFENSE WHEN HIS ENLISTMENT FOR FOUR YEARS. WAS NOT AT SUCH TIME ENTITLED TO AN HONORABLE DISCHARGE AND IS NOT ENTITLED TO THE ENLISTMENT ALLOWANCE. AN ENLISTED MAN OF THE MARINE CORPS WHO IS ABSENT IN THE HANDS OF THE CIVIL AUTHORITIES SERVING A SENTENCE UPON CONVICTION OF A CRIMINAL OFFENSE WHEN HIS ORIGINAL ENLISTMENT FOR FOUR YEARS. IS ENTITLED TO A TRAVEL ALLOWANCE AS UPON DISCHARGE AT EXPIRATION OF ENLISTMENT. IS ENTITLED TO TRAVEL ALLOWANCE AND ENLISTMENT ALLOWANCE UNDER CIRCUMSTANCES AS FOLLOWS: PRIVATE WILLIAM J. WAS ACCEPTED FOR ENLISTMENT AT DES MOINES.

A-30624, MARCH 7, 1930, 9 COMP. GEN. 385

ENLISTMENT ALLOWANCE - TRAVEL ALLOWANCE - MARINE CORPS ENLISTED MEN TO BE ENTITLED TO THE ENLISTMENT ALLOWANCE UPON EXTENSION OF ENLISTMENT AS PROVIDED IN SEC. 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, AN ENLISTED MAN IN THE MARINE CORPS MUST BE ENTITLED TO AN HONORABLE DISCHARGE ON THE DATE THE EXTENSION BECOMES EFFECTIVE. AN ENLISTED MAN OF THE MARINE CORPS WHO WAS ABSENT IN THE HANDS OF THE CIVIL AUTHORITIES SERVING A SENTENCE UPON CONVICTION OF A CRIMINAL OFFENSE WHEN HIS ENLISTMENT FOR FOUR YEARS, WHICH HAD BEEN EXTENDED TWO YEARS, EXPIRED, WAS NOT AT SUCH TIME ENTITLED TO AN HONORABLE DISCHARGE AND IS NOT ENTITLED TO THE ENLISTMENT ALLOWANCE. AN ENLISTED MAN OF THE MARINE CORPS WHO IS ABSENT IN THE HANDS OF THE CIVIL AUTHORITIES SERVING A SENTENCE UPON CONVICTION OF A CRIMINAL OFFENSE WHEN HIS ORIGINAL ENLISTMENT FOR FOUR YEARS, WHICH HAD BEEN EXTENDED FOR TWO YEARS, EXPIRED, THE ORIGINAL ENLISTMENT HAVING MERGED WITH THE EXTENSION, IS ENTITLED TO A TRAVEL ALLOWANCE AS UPON DISCHARGE AT EXPIRATION OF ENLISTMENT.

ACTING COMPTROLLER GENERAL GINN TO LIEUT. CO. R. B. PUTNAM, UNITED STATES MARINE CORPS, MARCH 7, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 27, 1930, REQUESTING DECISION WHETHER PVT. WILLIAM J. PECK, UNITED STATES MARINE CORPS, IS ENTITLED TO TRAVEL ALLOWANCE AND ENLISTMENT ALLOWANCE UNDER CIRCUMSTANCES AS FOLLOWS:

PRIVATE WILLIAM J. PECK, U.S. MARINE CORPS, WAS ACCEPTED FOR ENLISTMENT AT DES MOINES, IOWA, AND ENLISTED AT MARINE BARRACKS, PARRIS ISLAND, S.C., SEPTEMBER 1, 1925, TO SERVE FOUR YEARS. APRIL 6, 1929, THIS ENLISTMENT WAS EXTENDED FOR TWO FULL YEARS WITH AN ABSENCE OF TWENTY-ONE DAYS UNDER N.D.G.O. NO. 155 TO BE MADE GOOD. JULY 3, 1929, WHILE SERVING AT MARINE BARRACKS, QUANTICO, VA., AND ON AUTHORIZED LIBERTY IN THE CITY OF FREDERICKSBURG, VA., SAID LIBERTY TO EXPIRE AT 6.00 A. M., JULY 5, 1929, HE WAS ARRESTED BY THE CIVIL AUTHORITIES AND CHARGED WITH THE UNLAWFUL POSSESSION OF ARDENT SPIRITS. JULY 4, 1929, HE WAS FOUND GUILTY OF THIS CHARGE AND SENTENCED TO THIRTY DAYS CONFINEMENT, A FINE OF $50.00 AND COSTS. NOT BEING ABLE TO PAY THE FINE AND COSTS, HE WAS REMANDED TO CAMP NO. 11, CULPEPER, VA., TO SERVE HIS CONFINEMENT AND WORK OUT HIS FINE AND COSTS. AUGUST 22, 1929, HIS DISCHARGE AS UNDESIRABLE WAS RECOMMENDED BY THE COMMANDING GENERAL, MARINE BARRACKS, QUANTICO, VA., BUT WAS DISAPPROVED BY THE MAJOR GENERAL COMMANDANT. NOVEMBER 29, 1929, UPON COMPLETION OF HIS SENTENCE HE WAS RELEASED TO A GUARD FROM MARINE BARRACKS, QUANTICO, VA., RETURNED THERE, AND NO DISCIPLINARY ACTION DIRECTED, BUT HIS DISCHARGE RECOMMENDED. HIS EXTENSION OF ENLISTMENT PRECLUDED THIS, SO DISCIPLINARY ACTION WAS THEN DIRECTED AND ON JANUARY 7, 1930, HE WAS TRIED BY SUMMARY COURT-MARTIAL FOR ABSENT OVER LEAVE FROM 6.00 A. M. JULY 5, 1929, FOR A PERIOD OF 146 DAYS AND 18 HOURS, SENTENCED WAS MITIGATED TO LOSE $7.00 PER MONTH FOR 6 MONTHS AND TO BE DISCHARGED WITH A BAD CONDUCT DISCHARGE. THE BAD CONDUCT DISCHARGE WAS FURTHER REMITTED ON 6 MONTHS PROBATION AS TO A SATISFACTORY RECORD. AT PRESENT HE IS SERVING AT THE MARINE BARRACKS, QUANTICO, VA., ON HIS PROBATIONARY PERIOD.

ALTHOUGH PRIVATE PECK ACTUALLY WAS AT CULPEPER, VA., ABSENT OVER LEAVE AND IN THE HANDS OF CIVIL AUTHORITIES, CONVICTED, AND SERVING SENTENCE WHEN HIS EXTENSION OF ENLISTMENT BEGAN TO RUN, IT IS THE OPINION OF THIS OFFICE THAT HE IS ENTITLED TO TRAVEL ALLOWANCE FROM THE MARINE BARRACKS, QUANTICO, VA., TO DES MOINES, IOWA, AND TO $75.00 ENLISTMENT ALLOWANCE. BUT OWING TO THE INVOLVED CIRCUMSTANCES, AND THE FACT THAT THE GOVERNMENT HAS RESERVED THE RIGHT TO CANCEL SUCH EXTENSION OF ENLISTMENT AT ANY TIME WITHIN SIX MONTHS SHOULD HIS RECORD PROVE UNSATISFACTORY TO HIS COMMANDING OFFICER, NO SETTLEMENT WILL BE MADE UNTIL DECISION BY YOU OF THE POINTS IN QUESTION.

THE MAJOR GENERAL COMMANDANT IN SECOND INDORSEMENT OF FEBRUARY 5, 1930, MADE THE FOLLOWING STATEMENT:

THE STATEMENT IN THE BASIC LETTER THAT "THE GOVERNMENT HAS RESERVED THE RIGHT TO CANCEL SUCH EXTENSION OF ENLISTMENT AT ANY TIME WITHIN SIX MONTHS SHOULD HIS RECORD PROVE UNSATISFACTORY TO HIS COMMANDING OFFICER" IS IN ERROR. THE MAN IS SERVING ON HIS EXTENSION OF ENLISTMENT, AND HIS DISCHARGE BY SENTENCE OF A SUMMARY COURT-MARTIAL IS HELD IN ABEYANCE FOR SIX MONTHS SUBJECT TO GOOD CONDUCT.

THE ENLISTMENT ALLOWANCE PROVIDED IN SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, IS PAYABLE TO ENLISTED MEN OF THE MARINE CORPS OTHERWISE ENTITLED TO HONORABLE DISCHARGE ON FIRST EXTENSION OF ENLISTMENT FOR TWO, THREE, OR FOUR YEARS. 2 COMP. GEN. 258. TRAVEL ALLOWANCE AS PROVIDED IN THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, IS PAYABLE TO AN ENLISTED MAN OF THE MARINE CORPS UPON EXPIRATION OF AN ORIGINAL ENLISTMENT WHICH WAS EXTENDED FOR A PERIOD OF TWO, THREE OR FOUR YEARS. 7 COMP. GEN. 663. AN ENLISTMENT ALLOWANCE PAYABLE UPON A FIRST EXTENSION IS COMPUTED ON A MAN'S RATING WHEN THE EXTENSION BECOMES EFFECTIVE, AND THE TRAVEL ALLOWANCE IS COMPUTED FROM THE MAN'S DUTY STATION ON THE DATE THE ORIGINAL PERIOD OF ENLISTMENT EXPIRES. 7 COMP. GEN. 439.

THE ACT OF AUGUST 28, 1916, 39 STAT. 580, AS AMENDED BY THE ACT OF JULY 1, 1918, 40 STAT. 717, PROVIDES:

HEREAFTER NO OFFICER OR ENLISTED MAN IN THE NAVY OR MARINE CORPS IN ACTIVE SERVICE WHO SHALL BE ABSENT FROM DUTY ON ACCOUNT OF INJURY, SICKNESS, OR DISEASE RESULTING FROM HIS OWN INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS, OR OTHER MISCONDUCT, SHALL RECEIVE PAY FOR THE PERIOD OF SUCH ABSENCE, THE TIME SO ABSENT AND THE CAUSE THEREOF TO BE ASCERTAINED UNDER SUCH PROCEDURE AND REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY: PROVIDED, THAT AN ENLISTMENT SHALL NOT BE REGARDED AS COMPLETED UNTIL THE ENLISTED MAN SHALL HAVE MADE GOOD ANY TIME IN EXCESS OF ONE DAY LOST ON ACCOUNT OF INJURY, SICKNESS, OR OTHER DISEASE RESULTING FROM HIS OWN INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS, OR OTHER MISCONDUCT.

THE PROVISO TO THIS ACT WAS NOT REPEALED BY THE ACT OF MAY 17, 1926, 44 STAT. 558.

LOSS OF TIME AS PROVIDED IN THIS ACT AUTOMATICALLY EXTENDS A MAN'S ENLISTMENT TO THE EXTENT OF TIME SO LOST. 4 COMP. GEN. 1026; 7 ID. 91. IN THIS CASE THE ORIGINAL ENLISTMENT, HAD NO TIME BEEN LOST ON ACCOUNT OF INJURY, SICKNESS, OR DISEASE RESULTING FROM THE MAN'S OWN INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS OR OTHER MISCONDUCT, WOULD HAVE EXPIRED AUGUST 31, 1929; BUT HAVING LOST 21 DAYS FROM SUCH CAUSE, HIS ENLISTMENT WAS AUTOMATICALLY EXTENDED 21 DAYS OR UNTIL SEPTEMBER 21, 1929.

UNDER THE ACT OF AUGUST 22, 1912, 37 STAT. 331 (SEC. 184, TITLE 34, U.S. CODE), PROVIDING FOR EXTENSIONS OF ENLISTMENTS BY THE MEN IN THE NAVY AND MARINE CORPS AND GIVING TO MEN SO EXTENDING THEIR ENLISTMENTS A RIGHT "TO RECEIVE THE SAME PAY AND ALLOWANCES IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON EXPIRATION OF THEIR TERM OF ENLISTMENT," THE PAYMENT OF THE PAY AND ALLOWANCES SO AUTHORIZED IS SUBJECT TO THE SAME RESTRICTIONS AND QUALIFICATIONS AS EXIST IN CASE OF ACTUAL DISCHARGE AND REENLISTMENT. SEC. 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, AUTHORIZED ENLISTMENT ALLOWANCE TO ENLISTED MEN OF THE UNITED STATES MARINE CORPS "HONORABLY DISCHARGED," AND WHO REENLISTED WITHIN THE TIME LIMIT PRESCRIBED. TO BE ENTITLED TO ENLISTMENT ALLOWANCE BASED ON EXTENSION OF ENLISTMENT, A MAN AT THE TIME THE EXTENSION BECOMES EFFECTIVE MUST BE ENTITLED TO AN HONORABLE DISCHARGE. AT THE TIME PECK'S ORIGINAL ENLISTMENT EXPIRED, SEPTEMBER 21, 1929, HE WAS ABSENT IN THE HANDS OF CIVIL AUTHORITIES SERVING A SENTENCE UPON CONVICTION OF A CRIMINAL CHARGE. HE WAS NOT, THEREFORE, OTHERWISE ENTITLED TO AN HONORABLE DISCHARGE AT THAT TIME, AND IS NOT ENTITLED TO ENLISTMENT ALLOWANCE.

PECK'S ORIGINAL ENLISTMENT HAVING MERGED WITH THE EXTENSION OF ENLISTMENT, HE IS ENTITLED TO TRAVEL ALLOWANCE AS UPON DISCHARGE AT EXPIRATION OF ENLISTMENT.