A-34815, JANUARY 16, 1931, 10 COMP. GEN. 311

A-34815: Jan 16, 1931

Additional Materials:

Contact:

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

 

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

WHERE AN ENLISTED MAN OF THE NAVY IS BY GENERAL COURT-MARTIAL. HE WAS TRANSFERRED TO THE NAVAL TRAINING STATION. HE WAS FURTHER TRANSFERRED FROM THE U.S. HE WAS TRIED AND CONVICTED BY GENERAL COURT-MARTIAL CONVENED AT MARINE BARRACKS. HE WAS SENTENCED TO REDUCTION TO THE RATING OF APPRENTICE SEAMAN. SENTENCE OF THE GENERAL COURT-MARTIAL WERE APPROVED BY THE SECRETARY OF THE NAVY ON DECEMBER 17. THE PERIOD OF CONFINEMENT ADJUDGED AND THE CORRESPONDING ACCESSORIES WERE REMITTED AND IT WAS DIRECTED THAT THE DISHONORABLE DISCHARGE BE EXECUTED AS SOON AS PRACTICABLE IN ACCORDANCE WITH THE REMAINING TERMS OF THE SENTENCE. SHOWS THAT ERSIN WAS DISHONORABLY DISCHARGED FROM THAT PRISON ON DECEMBER 27.

A-34815, JANUARY 16, 1931, 10 COMP. GEN. 311

TRANSPORTATION - NAVAL PRISONERS THE AUTHORITY TO FURNISH DISCHARGED NAVAL PRISONERS TRANSPORTATION UNDER THE ACT OF MARCH 3, 1909, 35 STAT. 756, APPLIES TO NAVAL PRISONERS AS CONTEMPLATED IN SECTION 13 OF THE ACT OF FEBRUARY 16, 1909, 35 STAT. 622; I.E., "PERSONS CONFINED IN PRISONS IN PURSUANCE OF THE SENTENCE OF A NAVAL COURT-MARTIAL.' WHERE AN ENLISTED MAN OF THE NAVY IS BY GENERAL COURT-MARTIAL, SENTENCED TO BE CONFINED FOR SIX MONTHS AND THEN TO BE DISHONORABLY DISCHARGED, AND, UPON APPROVAL, THE SECRETARY OF THE NAVY REMITS THE CONFINEMENT LEAVING ONLY THE DISHONORABLE DISCHARGE TO BE CARRIED OUT, THE MAN DID NOT BECOME A NAVAL PRISONER AND THE SECRETARY OF THE NAVY MAY NOT FURNISH HIM TRANSPORTATION UNDER AUTHORITY OF THE ACT OF MARCH 3, 1909.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JANUARY 16, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 6, 1931, REQUESTING DECISION WHETHER THE LAW AUTHORIZES TRANSPORTATION TO BE FURNISHED EDWARD W. ERSIN, FORMER APPRENTICE SEAMAN, UNITED STATES NAVY, DISHONORABLY DISCHARGED PURSUANT TO GENERAL COURT-MARTIAL SENTENCE, DECEMBER 27, 1930, UNDER CIRCUMSTANCES STATED AS FOLLOWS:

* * * ERSIN ENLISTED IN THE NAVY AT MINNEAPOLIS, MINN., FEBRUARY 28, 1929, FOR A PERIOD OF FOUR YEARS, AND GAVE MINNEAPOLIS AS HIS HOME. DESERTED FROM THE U.S.S. NEW MEXICO, SEPTEMBER 8, 1930, AND SURRENDERED AT THE NAVY RECRUITING STATION, MINNEAPOLIS, MINN., OCTOBER 28, 1930. HE WAS TRANSFERRED TO THE NAVAL TRAINING STATION, GREAT LAKES, ILL., ON OCTOBER 30, 1930, AS A SURRENDERED DESERTER. HE WAS FURTHER TRANSFERRED FROM THE U.S. NAVAL TRAINING STATION, GREAT LAKES, ILL., TO THE NAVAL PRISON, PARRIS ISLAND, S.C., ARRIVING AT THE LATTER PLACE ON NOVEMBER 16, 1930, AS A GENERAL COURT-MARTIAL PRISONER AWAITING TRIAL FOR DESERTION. HE WAS TRIED AND CONVICTED BY GENERAL COURT-MARTIAL CONVENED AT MARINE BARRACKS, PARRIS ISLAND, S.C., NOVEMBER 18, 1930, ON THE CHARGE OF DESERTION, TO WHICH HE PLEADED GUILTY. HE WAS SENTENCED TO REDUCTION TO THE RATING OF APPRENTICE SEAMAN, CONFINEMENT FOR A PERIOD OF SIX MONTHS, DISHONORABLE DISCHARGE, AND ACCESSORIES. THE PROCEEDINGS, FINDINGS, AND SENTENCE OF THE GENERAL COURT-MARTIAL WERE APPROVED BY THE SECRETARY OF THE NAVY ON DECEMBER 17, 1930, BUT THE PERIOD OF CONFINEMENT ADJUDGED AND THE CORRESPONDING ACCESSORIES WERE REMITTED AND IT WAS DIRECTED THAT THE DISHONORABLE DISCHARGE BE EXECUTED AS SOON AS PRACTICABLE IN ACCORDANCE WITH THE REMAINING TERMS OF THE SENTENCE. THE WEEKLY REPORT OF THE NAVAL PRISON, PARRIS ISLAND, S.C., SHOWS THAT ERSIN WAS DISHONORABLY DISCHARGED FROM THAT PRISON ON DECEMBER 27, 1930, BUT WAS NOT FURNISHED TRANSPORTATION TO HIS HOME UPON DISCHARGE * * *

IN CONNECTION WITH THE CASE YOU ASK DECISION OF THE FOLLOWING QUESTIONS:

(A) SHOULD EDWARD W. ERSIN, DISHONORABLY DISCHARGED AS APPRENTICE SEAMAN FROM THE NAVAL PRISON, PARRIS ISLAND, S.C., ON DECEMBER 27, 1930, HAVE BEEN FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE FROM PARRIS ISLAND, S.C., TO HIS HOME IN MINNEAPOLIS, MINN., IN ACCORDANCE WITH THE PROVISIONS OF U.S. CODE, TITLE 34, SECTION 962, SUPRA?

(B) IF QUERY (A) IS ANSWERED IN THE AFFIRMATIVE, IS THE NAVY DEPARTMENT NOW AUTHORIZED TO FURNISH TRANSPORTATION TO ERSIN, FROM PARRIS ISLAND, S.C., TO HIS HOME IN MINNEAPOLIS, MINN. ? U.S.C.), PROVIDES:

SEC. 13. THAT PERSONS CONFINED IN PRISONS IN PURSUANCE OF THE SENTENCE OF A NAVAL COURT-MARTIAL SHALL, DURING SUCH CONFINEMENT, BE ALLOWED A REASONABLE SUM, NOT TO EXCEED THREE DOLLARS PER MONTH, FOR NECESSARY PRISON EXPENSES, AND SHALL UPON DISCHARGE BE FURNISHED WITH SUITABLE CIVILIAN CLOTHING AND PAID A GRATUITY, NOT TO EXCEED TWENTY FIVE DOLLARS: PROVIDED, THAT SUCH ALLOWANCES SHALL BE MADE IN AMOUNTS TO BE FIXED BY, AND IN THE DISCRETION OF, THE SECRETARY OF THE NAVY AND ONLY IN CASES WHERE THE PRISONERS SO DISCHARGED WOULD OTHERWISE BE UNPROVIDED WITH SUITABLE CLOTHING OR WITHOUT FUNDS TO MEET THEIR IMMEDIATE NEEDS.

THE ACT OF MARCH 3, 1909, 35 STAT. 756 (TITLE 34, SEC. 962, U.S.C.), PROVIDES:

* * * THAT THE SECRETARY OF THE NAVY IS HEREAFTER AUTHORIZED TO TRANSPORT TO THEIR HOMES OR PLACES OF ENLISTMENT, AS HE MAY DESIGNATE, ALL DISCHARGED NAVAL PRISONERS; THE EXPENSE OF SUCH TRANSPORTATION SHALL BE PAID OUT OF ANY MONEY THAT BE TO THE CREDIT OF PRISONERS WHEN DISCHARGED; WHERE THERE IS NO SUCH MONEY, THE EXPENSE SHALL BE PAID OUT OF MONEY RECEIVED FROM FINES AND FORFEITURES IMPOSED BY NAVAL COURTS MARTIAL: PROVIDED FURTHER, THAT THE SECRETARY OF THE NAVY IS HEREBY AUTHORIZED TO FURNISH NAVAL PRISONERS UPON DISCHARGE SUITABLE CIVILIAN CLOTHING IN CASE, AND ONLY WHERE, SAID DISCHARGED PRISONERS WOULD OTHERWISE BE UNPROVIDED WITH SUITABLE CLOTHING TO MEET THEIR IMMEDIATE NEEDS.

THESE ACTS RELATE TO ALLOWANCES PAYABLE TO NAVAL PRISONERS, THAT IS, "PERSONS CONFINED IN PRISONS IN PURSUANCE OF THE SENTENCE OF A NAVAL COURT -MARTIAL.' NO STATEMENT OF ERSIN'S ACCOUNT IS PRESENTED OR ANY STATEMENT MADE OF AMOUNT OF PAY DUE AND PAID TO HIM ON DATE OF DISCHARGE. ACCORDING TO THE FACTS STATED, ERSIN WAS NOT CONFINED IN PRISON PURSUANT TO THE COURT-MARTIAL SENTENCE, THE PERIOD OF CONFINEMENT HAVING BEEN REMITTED UPON APPROVAL OF THE SENTENCE BY THE SECRETARY OF THE NAVY LEAVING ONLY THE REDUCTION IN RATING AND DISHONORABLE DISCHARGE TO BE CARRIED OUT. THEREFORE, ERSIN DID NOT ACQUIRE THE STATUS OF A NAVAL PRISONER, WAS NOT IN PRISON IN PURSUANCE OF THE SENTENCE OF A NAVAL COURT-MARTIAL, AND THE ACT OF MARCH 3, 1909, HAS NO APPLICATION TO ALLOWANCES PAYABLE TO HIM ON DISCHARGE. ACCORDINGLY, YOUR QUESTIONS ARE ANSWERED IN THE NEGATIVE.