A-41523, APRIL 9, 1932, 11 COMP. GEN. 391

A-41523: Apr 9, 1932

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TRAVEL ALLOWANCE - FLYING CADETS FLYING CADETS WHO ARE DISCHARGED UPON COMPLETION OF THE AUTHORIZED COURSE OF INSTRUCTION FOR AVIATION STUDENTS AND. ARE NOT ENTITLED TO TRAVEL ALLOWANCE. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUPPLEMENTAL FINAL PAYMENT ROLL OF FLYING CADET DETACHMENT. " PROVIDES: THE SECRETARY OF WAR IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH AND MAINTAIN AT ONE OR MORE ESTABLISHED FLYING SCHOOLS COURSES OF INSTRUCTION FOR AVIATION STUDENTS. WHICH GRADE IS HEREBY ESTABLISHED. * * * UPON COMPLETION OF A COURSE PRESCRIBED FOR FLYING CADETS. MEN SELECTED FOR THIS COURSE ARE REQUIRED TO ENLIST IN THE ARMY. THIS IS A CONTRACT FOR THREE YEARS' CONTINUOUS SERVICE AND THEIR DISCHARGE AS A FLYING CADET MERELY MARKS THE COMPLETION OF THE AUTHORIZED COURSE OF INSTRUCTION FOR AVIATION STUDENTS.

A-41523, APRIL 9, 1932, 11 COMP. GEN. 391

TRAVEL ALLOWANCE - FLYING CADETS FLYING CADETS WHO ARE DISCHARGED UPON COMPLETION OF THE AUTHORIZED COURSE OF INSTRUCTION FOR AVIATION STUDENTS AND, WITHOUT ANY INTERRUPTION IN THE PERIOD FOR WHICH THEY AGREED TO SERVE, CONTINUE IN ACTIVE SERVICE AS AIR CORPS RESERVE OFFICERS, ARE NOT ENTITLED TO TRAVEL ALLOWANCE, THEIR DISCHARGE AS FLYING CADETS NOT BEING A "DISCHARGE FROM THE ARMY" WITHIN THE MEANING OF THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, APRIL 9, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 8, 1932, FILE 246.6, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUPPLEMENTAL FINAL PAYMENT ROLL OF FLYING CADET DETACHMENT, KELLY FIELD, TEX., TRANSMITTED THEREWITH, IN THE AGGREGATE AMOUNT OF $5,304.95, COVERING CLAIMS FOR TRAVEL ALLOWANCE OF 90 FLYING CADETS, EACH FOR AN AMOUNT REPRESENTING 5 CENTS PER MILE FROM KELLY FIELD, TEX., TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT, UPON DISCHARGE FEBRUARY 29, 1932, BY REASON OF HAVING COMPLETED THE PRESCRIBED COURSE OF TRAINING AS FLYING CADETS, THE MEN THEREAFTER HAVING CONTINUED IN THE SERVICE UNDER SPECIAL ORDERS NO. 48, HEADQUARTERS EIGHTH CORPS AREA, DATED FEBRUARY 29, 1932, ASSIGNING THEM TO EXTENDED ACTIVE DUTY WITH TACTICAL ORGANIZATIONS FOR THE AIR CORPS AT BROOKS FIELD, TEX., FOR ONE YEAR, EFFECTIVE MARCH 1, 1932.

THE ACT OF JULY 11, 1919, 41 STAT. 109, UNDER THE TITLE "AIR SERVICE," PROVIDES:

THE SECRETARY OF WAR IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH AND MAINTAIN AT ONE OR MORE ESTABLISHED FLYING SCHOOLS COURSES OF INSTRUCTION FOR AVIATION STUDENTS.

AVIATION STUDENTS SHALL BE ENLISTED IN OR APPOINTED TO THE GRADE OF FLYING CADET, AIR SERVICE, WHICH GRADE IS HEREBY ESTABLISHED. * * *

UPON COMPLETION OF A COURSE PRESCRIBED FOR FLYING CADETS, EACH FLYING CADET, IF HE SO DESIRE, MAY BE DISCHARGED AND COMMISSIONED AS A SECOND LIEUTENANT IN THE OFFICERS' RESERVE CORPS: * * *

UNDER THIS STATUTE AND ARMY REGULATION 615-160, PARAGRAPH 1-C, MEN SELECTED FOR THIS COURSE ARE REQUIRED TO ENLIST IN THE ARMY, AGREEING TO SERVE ONE YEAR AS A FLYING CADET OF THE AIR CORPS AND TWO YEARS AS A SECOND LIEUTENANT, AIR CORPS RESERVE, ON ACTIVE DUTY, OR AS A COMMISSIONER OFFICER IN THE REGULAR ARMY, UNLESS SOONER RELIEVED BY COMPETENT AUTHORITY. THIS IS A CONTRACT FOR THREE YEARS' CONTINUOUS SERVICE AND THEIR DISCHARGE AS A FLYING CADET MERELY MARKS THE COMPLETION OF THE AUTHORIZED COURSE OF INSTRUCTION FOR AVIATION STUDENTS, AND WITHOUT ANY INTERRUPTION IN THE PERIOD COVERED BY THEIR AGREEMENT, THEY CONTINUED IN ACTIVE SERVICE AS AIR CORPS RESERVE OFFICERS.

THE TRAVEL ALLOWANCE OF 5 CENTS PER MILE AUTHORIZED BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, FROM PLACE OF DISCHARGE TO PLACE OF ACCEPTANCE FOR ENLISTMENT FOR ENLISTED MEN "DISCHARGED FROM THE ARMY" IS IN THE NATURE OF INSURANCE AGAINST SEPARATION FROM THE SERVICE AWAY FROM THE PLACE WHERE THEY ENTERED THE SERVICE OR PROVIDES AN ALLOWANCE FOR TRAVEL NECESSARILY REQUIRED TO RETURN THERETO. THE DISCHARGE OF THE MEN IN THIS CASE DID NOT SEPARATE THEM FROM THE SERVICE, BUT UNDER THEIR AGREEMENT ENTERED INTO AT TIME OF ENLISTMENT, THEY CONTINUED TO SERVE IN A DIFFERENT CAPACITY. IT HAS BEEN UNIFORMLY HELD THAT ENLISTED MEN DISCHARGED FOR THE PURPOSE OF CONTINUING IN THE SERVICE IN A DIFFERENT CAPACITY ARE NOT DISCHARGED FROM THE ARMY WITHIN THE MEANING OF THE LAST ABOVE-CITED ACT. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT ON THE VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.