A-31033, APRIL 1, 1930, 9 COMP. GEN. 423

A-31033: Apr 1, 1930

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TRANSPORTATION - SUBSISTENCE - NAVY ENLISTED MAN - TRAVEL HOME ON RETIREMENT WHERE AN ENLISTED MAN OF THE NAVY ON RETIREMENT IS NOT ORDERED TO PROCEED TO HIS HOME BUT REMAINS AT OR NEAR THE PLACE OF RETIREMENT. HE IS NOT ENTITLED. 1930: I HAVE YOUR THIRD INDORSEMENT OF MARCH 17. IT IS STATED THAT LAMBERT WAS PLACED ON THE RETIRED LIST AFTER 30 YEARS' SERVICE ON NOVEMBER 26. (WHICH ACCORDING TO THE RECORDS WAS GIVEN AS HIS HOME ADDRESS ON ENLISTMENT DECEMBER 2. AS HE WAS THEN RESIDING IN EL CAJON. IS USUALLY ORDERED TO PROCEED TO HIS HOME. THE TRANSPORTATION ISSUED IS IN CONNECTION WITH THE NAVAL ORDER TO PROCEED TO HIS HOME. HIS NAME SHALL BE DROPPED FROM THE ROLLS OF THE VESSEL ON WHICH HE WAS SERVING WHEN RETIRED.

A-31033, APRIL 1, 1930, 9 COMP. GEN. 423

TRANSPORTATION - SUBSISTENCE - NAVY ENLISTED MAN - TRAVEL HOME ON RETIREMENT WHERE AN ENLISTED MAN OF THE NAVY ON RETIREMENT IS NOT ORDERED TO PROCEED TO HIS HOME BUT REMAINS AT OR NEAR THE PLACE OF RETIREMENT, HE IS NOT ENTITLED, AFTER REMAINING AT SUCH PLACE FOR MORE THAN A YEAR, TO TRANSPORTATION AND SUBSISTENCE IN KIND AT GOVERNMENT EXPENSE TO HIS FORMER HOME.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, APRIL 1, 1930:

I HAVE YOUR THIRD INDORSEMENT OF MARCH 17, 1930, REQUESTING ADVANCE DECISION AS TO THE RIGHT OF HERMAN C. LAMBERT, A.C.M., UNITED STATES NAVY, RETIRED, TO BE FURNISHED TRANSPORTATION AND SUBSISTENCE IN KIND, FROM PLACE OF RETIREMENT NOVEMBER 26, 1928, TO PLACE GIVEN AS HIS HOME ON LAST ENLISTMENT BEFORE RETIREMENT.

IT IS STATED THAT LAMBERT WAS PLACED ON THE RETIRED LIST AFTER 30 YEARS' SERVICE ON NOVEMBER 26, 1928, AT THE NAVAL AIR STATION, SAN DIEGO, CALIF.; THAT BY A STATEMENT SIGNED NOVEMBER 28, 1928, LAMBERT STATED IN EFFECT THAT HE DID NOT AT THAT TIME DESIRE TRANSPORTATION AND SUBSISTENCE TO WEST PALM BEACH, FLA. (WHICH ACCORDING TO THE RECORDS WAS GIVEN AS HIS HOME ADDRESS ON ENLISTMENT DECEMBER 2, 1927), AS HE WAS THEN RESIDING IN EL CAJON, CALIF.; AND THAT LAMBERT NOW HAS REQUESTED THAT HE BE GRANTED TRANSPORTATION BY RAIL TO WEST PALM BEACH, FLA., EXPRESSING THE DESIRE TO BEGIN THE TRAVEL ON APRIL 7, 1930.

NO STATUTE SPECIFICALLY AUTHORIZED ENLISTED MEN OF THE NAVY TO BE FURNISHED TRANSPORTATION TO THEIR HOMES ON RETIREMENT, BUT THE ISSUANCE OF SUCH TRANSPORTATION HAS NOT BEEN QUESTIONED IN THE AUDIT AS ON RETIREMENT THE MAN REMAINS IN THE NAVY, IS USUALLY ORDERED TO PROCEED TO HIS HOME, AND THE TRANSPORTATION ISSUED IS IN CONNECTION WITH THE NAVAL ORDER TO PROCEED TO HIS HOME; THE SITUATION WHICH EXISTS WITH RESPECT TO MILEAGE OF OFFICERS TO THEIR HOMES OF RETIREMENT, SEE A 23954, JANUARY 4, 1929.

ARTICLE 1712 (2), NAVY REGULATIONS, 1920, CHANGE NO. 8, SEPTEMBER 1, 1925, PROVIDES:

AFTER APPROVAL OF AN ENLISTED MAN'S APPLICATION FOR RETIREMENT, AN ORDER SHALL BE ISSUED FROM THE BUREAU OF NAVIGATION TRANSFERRING HIM TO THE RETIRED LIST. UPON RECEIPT OF SUCH ORDER BY HIS IMMEDIATE COMMANDING OFFICER, A FINAL STATEMENT SHALL BE PREPARED, CLOSING ACCOUNTS OF PAY AND ALLOWANCES TO AND INCLUDING DATE OF RETIREMENT. NO DISCHARGE SHALL BE GIVEN, HOWEVER, AND THE RETIRED ENLISTED MAN SHALL BE REGARDED AS CONTINUING IN THE SERVICE UPON THE RETIRED LIST, BUT HIS NAME SHALL BE DROPPED FROM THE ROLLS OF THE VESSEL ON WHICH HE WAS SERVING WHEN RETIRED, AND HIS SERVICE RECORD, DESCRIPTIVE LIST (IN DUPLICATE), WITH FACT OF FINAL STATEMENT NOTED THEREON, AND HIS POST OFFICE ADDRESS FOR THE NEXT 30 DAYS, SHALL BE IMMEDIATELY FORWARDED THROUGH OFFICIAL CHANNELS TO THE BUREAU OF NAVIGATION. SUCH RETIRED ENLISTED MEN ARE ADDITIONAL TO THE NUMBER OTHERWISE PROVIDED BY LAW. UPON BEING RETIRED, THEY WILL BE ORDERED TO THEIR HOMES AND FURNISHED TRANSPORTATION AND SUBSISTENCE.

THE REGULATIONS AND INSTRUCTIONS CONTEMPLATE THE ISSUANCE OF ORDERS DIRECTING TRAVEL TO THE HOME OF AN ENLISTED MAN AND THAT WHEN SUCH ORDERS ARE ISSUED THE TRAVEL MUST BE PERFORMED WITHIN A REASONABLE TIME. THE QUESTION OF WHAT IS A REASONABLE TIME FOR AN OFFICER TO TRAVEL TO HIS HOME ON RETIREMENT WAS CONSIDERED IN DECISION A-23954, DATED JANUARY 4, 1929, WHEREIN IT WAS HELD THAT TRAVEL MUST BE PERFORMED WITHIN ONE YEAR FROM THE DATE OF RETIREMENT IN ORDER TO ENTITLE AN OFFICER TO MILEAGE UNDER THE ORDER DIRECTING HIM TO PROCEED TO HIS HOME. THE SAME RULE IS APPLICABLE TO THE TRAVEL OF ENLISTED MEN TO THEIR HOMES ON RETIREMENT.

IN THE INSTANT CASE THERE WAS NO ORDER DIRECTING TRAVEL. THE ENLISTED MAN WAS RETIRED, AND AS HE HAD GIVEN A POINT NEAR THE PLACE OF HIS RETIREMENT AS HIS RESIDENCE, ORDERS TO TRAVEL TO FORMER HOME WOULD HAVE BEEN UNNECESSARY AND SUPERFLUOUS. SEE 4 COMP. DEC. 175, WHERE MILEAGE WAS DENIED TO AN ARMY OFFICER WHEN THE ORDER RETIRING THE OFFICER CONTAINED NO DIRECTION TO TRAVEL. NO ORDERS HAVING BEEN ISSUED FOR SUCH TRAVEL AT THE TIME OF RETIREMENT, THERE IS NO BASIS FOR ANY RIGHT TO TRANSPORTATION AND SUBSISTENCE IN KIND MORE THAN A YEAR THEREAFTER.