A-3858, AUGUST 28, 1924, 4 COMP. GEN. 218

A-3858: Aug 28, 1924

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THE PRIMARY PURPOSE OF DISCHARGE IS "FOR THE CONVENIENCE OF THE GOVERNMENT" AND THE MEN SO DISCHARGED ARE ENTITLED TO TRAVEL ALLOWANCE. WHEREIN CREDIT WAS DISALLOWED FOR A TOTAL OF $3. THE DISCHARGES OF THE MEN IN QUESTION WERE GRANTED UPON THEIR REQUESTS. ARE STATED AS BEING "FOR THE CONVENIENCE OF THE GOVERNMENT.'. CREDIT FOR THESE PAYMENTS WAS DENIED IN THE AUDIT OF THE ACCOUNTS ON THE GROUND THAT THE DEMOBILIZATION OF THE NAVY WAS COMPLETE. THAT THEREFORE THESE DISCHARGED WERE FOR THE CONVENIENCE OF THE MEN. WHETHER A MEN IS DISCHARGED FOR THE CONVENIENCE OF THE GOVERNMENT OR FOR HIS OWN CONVENIENCE IS A MATTER OF FACT. STATEMENTS IN THE ORDER OF DISCHARGE ARE NOT CONTROLLING. IT IS NOT DESIRABLE TO DISCHARGE RECRUITS OR MEN UNDER TRAINING PERIOD RADIOMEN AND MEN UNDER INSTRUCTION OR TRAINING WILL NOT BE INCLUDED IN RATINGS SO DISCHARGED UNDER THIS ORDER PERIOD ALL DISCHARGES AUTHORIZED HEREIN ARE FOR CONVENIENCE OF GOVERNMENT PERIOD REPORT BY DISPATCH EACH SATURDAY NIGHT NUMBER MEN SO DISCHARGED UNTIL QUOTA COMPLETED 1440.

A-3858, AUGUST 28, 1924, 4 COMP. GEN. 218

TRAVEL ALLOWANCE - ENLISTED MEN OF NAVY DISCHARGED WHERE THE NAVY DEPARTMENT DIRECTS THE DISCHARGE OF ENLISTED MEN UPON THEIR REQUEST FOR THE PURPOSE OF REDUCING THE COMPLEMENT OF ENLISTED MEN SO AS TO KEEP THE EXPENDITURES UNDER "PAY OF THE NAVY" WITHIN THE AMOUNT APPROPRIATED BY CONGRESS, THE PRIMARY PURPOSE OF DISCHARGE IS "FOR THE CONVENIENCE OF THE GOVERNMENT" AND THE MEN SO DISCHARGED ARE ENTITLED TO TRAVEL ALLOWANCE.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 28, 1924:

LIEUT. ROBERT C. VASEY (S.C.), UNITED STATES NAVY, APPLIED JULY 5, 1924, FOR REVIEW OF SETTLEMENT NO. N-3336-E DATED NOVEMBER 16, 1922, WHEREIN CREDIT WAS DISALLOWED FOR A TOTAL OF $3,008.25; AND SUSPENDED FOR A TOTAL OF $4,441.65, WHICH AMOUNTS REPRESENT TRAVEL ALLOWANCES PAID TO VARIOUS MEN DISCHARGED UNDER HONORABLE CONDITIONS BETWEEN JANUARY 3 AND MARCH 24, 1922, AND MORE THAN THREE MONTHS PRIOR TO EXPIRATION OF ENLISTMENTS OR EXTENDED ENLISTMENTS.

THE DISCHARGES OF THE MEN IN QUESTION WERE GRANTED UPON THEIR REQUESTS, AND ARE STATED AS BEING "FOR THE CONVENIENCE OF THE GOVERNMENT.'

CREDIT FOR THESE PAYMENTS WAS DENIED IN THE AUDIT OF THE ACCOUNTS ON THE GROUND THAT THE DEMOBILIZATION OF THE NAVY WAS COMPLETE, AND THAT THEREFORE THESE DISCHARGED WERE FOR THE CONVENIENCE OF THE MEN.

WHETHER A MEN IS DISCHARGED FOR THE CONVENIENCE OF THE GOVERNMENT OR FOR HIS OWN CONVENIENCE IS A MATTER OF FACT, AND STATEMENTS IN THE ORDER OF DISCHARGE ARE NOT CONTROLLING, 5 COMP. DEC. 939; 6 ID., 326.

ON DECEMBER 12, 1921, THE COMMANDANT OF THE NAVAL TRAINING STATION, SAN FRANCISCO, CALIF., ANNOUNCED THE RECEIPT OF THE FOLLOWING DISPATCH FROM THE BUREAU OF NAVIGATION:

6310. DISCHARGE BY SPECIAL ORDER BUREAU OF NAVIGATION WITHOUT REFUND AS SOON AS POSSIBLE ONE HUNDRED FIFTY MEN WHO SO REQUEST PERIOD. IT IS NOT DESIRABLE TO DISCHARGE RECRUITS OR MEN UNDER TRAINING PERIOD RADIOMEN AND MEN UNDER INSTRUCTION OR TRAINING WILL NOT BE INCLUDED IN RATINGS SO DISCHARGED UNDER THIS ORDER PERIOD ALL DISCHARGES AUTHORIZED HEREIN ARE FOR CONVENIENCE OF GOVERNMENT PERIOD REPORT BY DISPATCH EACH SATURDAY NIGHT NUMBER MEN SO DISCHARGED UNTIL QUOTA COMPLETED 1440.

THE NAVY DEPARTMENT DIRECTED THE DISCHARGE OF THESE MEN UPON THEIR REQUEST FOR THE STATED PURPOSE OF REDUCING THE COMPLEMENT OF ENLISTED MEN SO AS TO KEEP THE EXPENDITURES UNDER "PAY OF THE NAVY" WITHIN THE AMOUNT APPROPRIATED BY CONGRESS. A DISCHARGE "FOR THE CONVENIENCE OF THE GOVERNMENT" IS CONSISTENT WITH THE REASONS STATED. SEE IN THIS CONNECTION THE SUBSEQUENT STATUTORY REQUIREMENT FOR THE REDUCTION OF THE ENLISTED PERSONNEL OF THE NAVY, ACT OF JULY 1, 1922, 42 STAT. 799, ET. SEQ.

EVEN THOUGH THE MEN REQUESTED TO BE DISCHARGED, THE FACT THAT THE APPLICATIONS FOR DISCHARGE WERE INSPIRED BY SUGGESTION OF THE DEPARTMENT BECAUSE OF NECESSITY TO KEEP DOWN EXPENDITURES UNDER THE APPROPRIATION "PAY OF THE NAVY," GIVES TO THE DISCHARGES A GOVERNMENTAL OR PUBLIC INTEREST AND MAY IN SUCH CIRCUMSTANCES BE CONSIDERED PRIMARILY "FOR THE CONVENIENCE OF THE GOVERNMENT.' SEE 1 COMP. GEN. 157, AND 3 MS. COMP. GEN. 1528, NOVEMBER 28, 1921; 25 ID. 523, SEPTEMBER 18, 1923; 25 ID. 552, SEPTEMBER 19, 1923; AND 35 ID. 638, JULY 16, 1924.

UPON REVIEW THE SETTLEMENT IS MODIFIED, $3,008.25 IS CERTIFIED FOR CREDIT IN THE ACCOUNT OF LIEUT. ROBERT C. VASEY, AND THE SUSPENSIONS TOTALING $4,441.65 WILL BE REMOVED.