A-67879, DECEMBER 16, 1935, 15 COMP. GEN. 517

A-67879: Dec 16, 1935

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THE RECORDS SHOW THAT YOU WERE ACCEPTED FOR ENLISTMENT FEBRUARY 4. WERE HONORABLY DISCHARGED FEBRUARY 1. IT IS FURTHER SHOWN THAT YOU EXECUTED A WAIVER AS FOLLOWS: U.S.S.'MARYLAND. THIS WAIVER WILL BE CANCELLED. I HAVE WAIVED ALL CLAIM TO ANY TRANSPORTATION AT GOVERNMENT EXPENSE. REQUIRES THE TRANSFER OF MEN WHOSE ENLISTMENTS ARE ABOUT TO EXPIRE TO THE RECEIVING SHIP OR RECEIVING STATION NEAREST THE PLACE WHERE THEY WERE ACCEPTED FOR ENLISTMENT BY THE USE OF AVAILABLE GOVERNMENT TRANSPORTATION OR TRANSPORTATION IN KIND. ONE PURPOSE OF THESE REGULATIONS IS TO EFFECT A SAVING TO THE UNITED STATES IN THE EXPENSE OF RETURNING AN ENLISTED MAN TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT. PROVIDES: COMMANDING OFFICERS ARE AUTHORIZED TO RETAIN MEN WHO DESIRE TO REMAIN ON A SHIP OR STATION UNTIL THE EXPIRATION OF ENLISTMENT FOR THE PURPOSE OF REENLISTING IMMEDIATELY ON THAT SHIP OR STATION FOR DUTY.

A-67879, DECEMBER 16, 1935, 15 COMP. GEN. 517

WAIVER OF TRAVEL ALLOWANCE - NAVY ENLISTED MEN - REENLISTMENT AN ENLISTED MAN OF THE NAVY WHO WAIVES CLAIM TO TRAVEL ALLOWANCE TO AVOID THE TRANSFER OTHERWISE REQUIRED BY REGULATIONS FOR ENLISTMENTS ABOUT TO EXPIRE, MUST REENLIST IMMEDIATELY UPON DISCHARGE TO OBTAIN CANCELLATION OF THE WAIVER.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO O. W. FLEMING, UNITED STATES NAVY, DECEMBER 16, 1935:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT, DATED AUGUST 20, 1935, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE BASED ON YOUR DISCHARGE ON FEBRUARY 1, 1935, FROM THE UNITED STATES NAVY.

THE RECORDS SHOW THAT YOU WERE ACCEPTED FOR ENLISTMENT FEBRUARY 4, 1931, AT CHICAGO, ILL., AND WERE HONORABLY DISCHARGED FEBRUARY 1, 1935, FROM THE U.S.S. MARYLAND AT SAN PEDRO, CALIF. THE RECORDS FURTHER SHOW THAT YOU REENLISTED APRIL 26, 1935, ON BOARD THE U.S.S. MARYLAND AT SAN PEDRO, CALIF. IT IS FURTHER SHOWN THAT YOU EXECUTED A WAIVER AS FOLLOWS:

U.S.S.'MARYLAND,"

SAN PEDRO, CALIFORNIA, 12 DECEMBER 1934.

I, ONAS WILLIAM FLEMING (SEA1C), U.S.N., REQUEST TO BE RETAINED ON MY PRESENT SHIP (U.S.S. MARYLAND) UNTIL THE EXPIRATION OF MY CURRENT ENLISTMENT. IF THIS REQUEST BE GRANTED, I HEREBY WAIVE ALL CLAIM TO TRANSPORTATION (INCLUDING TRANSPORTATION IN KIND AND TRAVEL ALLOWANCE) AT THE TIME OF DISCHARGE FROM THE PLACE OF DISCHARGE TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT. I UNDERSTAND THAT IF, AFTER EXECUTING THIS WAIVER, I DESIRE TO REENLIST OR TO EXTEND MY ENLISTMENT ON BOARD THE U.S.S. MARYLAND, AND SUBMIT SUCH REQUEST IN WRITING, THIS WAIVER WILL BE CANCELLED. I ALSO UNDERSTAND THAT, IF I DO NOT REENLIST OR EXTEND ON BOARD THE U.S.S. MARYLAND, I HAVE WAIVED ALL CLAIM TO ANY TRANSPORTATION AT GOVERNMENT EXPENSE.

ARTICLE D-7019, BUREAU OF NAVIGATION MANUAL, REQUIRES THE TRANSFER OF MEN WHOSE ENLISTMENTS ARE ABOUT TO EXPIRE TO THE RECEIVING SHIP OR RECEIVING STATION NEAREST THE PLACE WHERE THEY WERE ACCEPTED FOR ENLISTMENT BY THE USE OF AVAILABLE GOVERNMENT TRANSPORTATION OR TRANSPORTATION IN KIND. ONE PURPOSE OF THESE REGULATIONS IS TO EFFECT A SAVING TO THE UNITED STATES IN THE EXPENSE OF RETURNING AN ENLISTED MAN TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT. PARAGRAPH 3 OF ARTICLE 7019, BUREAU OF NAVIGATION MANUAL, PROVIDES:

COMMANDING OFFICERS ARE AUTHORIZED TO RETAIN MEN WHO DESIRE TO REMAIN ON A SHIP OR STATION UNTIL THE EXPIRATION OF ENLISTMENT FOR THE PURPOSE OF REENLISTING IMMEDIATELY ON THAT SHIP OR STATION FOR DUTY. THE MAN CONCERNED SHOULD SUBMIT A WRITTEN REQUEST TO THIS EFFECT TO THE COMMANDING OFFICER WITH A STATEMENT THAT HE INTENDS TO SO REENLIST. THIS REQUEST AND ITS APPROVAL SHOULD BE SECURELY ATTACHED TO THE SERVICE RECORD.

FOR MEN WHO DO NOT DESIRE TO BE TRANSFERRED AS REQUIRED AND WHO DO NOT DESIRE TO REENLIST IMMEDIATELY THE REGULATIONS AUTHORIZE THEIR RETENTION ON BOARD A VESSEL OR AT A SHORE STATION UNTIL THE EXPIRATION OF ENLISTMENT, PROVIDED THEY WAIVE THEIR RIGHT TO TRAVEL ALLOWANCE.

PARAGRAPH 6 OF ARTICLE D-7019, CHANGE NO. 9, PROVIDES AS FOLLOWS:

ANY MAN WHO, AFTER EXECUTING EITHER OF THESE WAIVERS, SUBSEQUENTLY DESIRES TO REENLIST OR EXTEND HIS ENLISTMENT AND SO REQUESTS IN WRITING SHALL BE PERMITTED TO DO SO, AND COMMANDING OFFICERS IN SUCH A CASE SHALL CANCEL THE WAIVER BY APPROPRIATE NOTATION AND RETURN THEM IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 OF THIS ARTICLE. THIS DOES NOT APPLY TO MEN RECEIVED AT RECEIVING SHIPS OR RECEIVING STATIONS FOR DISCHARGE.

THE ABOVE PARAGRAPH AUTHORIZED CANCELATION OF A WAIVER ONLY WHEN THE CONDITIONS OF REENLISTMENT ARE THE SAME AS THOSE IN PARAGRAPH 3; THAT IS, AN IMMEDIATE REENLISTMENT. INASMUCH AS YOU WAIVED TRAVEL ALLOWANCE TO AVOID BEING TRANSFERRED AS REQUIRED BY THE REGULATIONS, AND YOU DID NOT REENLIST IMMEDIATELY, THE WAIVER OF TRAVEL ALLOWANCE IS VALID AND ENFORCEABLE.