A-8845, MAY 23, 1925, 4 COMP. GEN. 984

A-8845: May 23, 1925

Additional Materials:

Contact:

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

 

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

IN WHICH HE WAS ALLOWED 54 CENTS ON HIS CLAIM FOR $3 AS REIMBURSEMENT FOR COST OF TRANSPORTATION FROM HOT SPRINGS. REPORTED: * * * THE ABOVE-NAMED MAN WAS DISCHARGED FROM THE NAVAL HOSPITAL. HIS HOME ADDRESS IS PEARCY. TRANSPORTATION WAS FURNISHED TO HOT SPRINGS ONLY AND HOLT WAS INSTRUCTED TO PAY OWN FARE FROM HOT SPRINGS TO PEARCY AND SUBMIT CLAIM. IN SAID SETTLEMENT HE WAS ALLOWED 54 CENTS ON THE UNDERSTANDING THAT HE COULD HAVE TRAVELED BY RAIL. IT APPEARS THAT FORMERLY THERE WAS TRAIN SERVICE FROM HOT SPRINGS TO PEARCY. THAT SUCH SERVICE WAS DISCONTINUED IN 1923. IT WAS STATED: 15. ENLISTED MEN DISCHARGED PURSUANT TO MEDICAL SURVEYS ARE ENTITLED TO THE REGULAR TRAVEL ALLOWANCE SET FORTH IN PARAGRAPH 2 HEREOF.

A-8845, MAY 23, 1925, 4 COMP. GEN. 984

TRAVEL ALLOWANCE - TRANSPORTATION IN KIND - ENLISTED MEN OF THE NAVY AN ENLISTED MAN OF THE NAVY ELECTING ON DISCHARGE TO RECEIVE TRANSPORTATION IN KIND AND CASH IN LIEU OF SUBSISTENCE INSTEAD OF THE TRAVEL ALLOWANCE OF 5 CENTS PER MILE MAY BE FURNISHED TRANSPORTATION IN KIND ONLY TO THE POINT NEAREST HIS HOME THAT CAN BE REACHED BY A COMMON CARRIER.

DECISION BY ACTING COMPTROLLER GENERAL GINN, MAY 23, 1925:

FRED L. HOLT, EX-SEAMAN, SECOND CLASS, UNITED STATES NAVY, HAS APPLIED FOR REVISION OF SETTLEMENT NO. 045107-N, DATED SEPTEMBER 15, 1924, IN WHICH HE WAS ALLOWED 54 CENTS ON HIS CLAIM FOR $3 AS REIMBURSEMENT FOR COST OF TRANSPORTATION FROM HOT SPRINGS, ARK., TO PEARCY, ARK.

THE BUREAU OF NAVIGATION, UNDER DATE OF JULY 25, 1924, REPORTED:

* * * THE ABOVE-NAMED MAN WAS DISCHARGED FROM THE NAVAL HOSPITAL, WASHINGTON, D.C., BY MEDICAL SURVEY DUE TO HIS OWN MISCONDUCT ON 24 JUNE, 1924. HIS HOME ADDRESS IS PEARCY, ARK. INASMUCH AS THERE APPEARED TO BE NO REGULAR TRAIN SERVICE TO PEARCY, ARK., TRANSPORTATION WAS FURNISHED TO HOT SPRINGS ONLY AND HOLT WAS INSTRUCTED TO PAY OWN FARE FROM HOT SPRINGS TO PEARCY AND SUBMIT CLAIM.

CLAIMANT ALLEGES THAT HE TRAVELED FROM HOT SPRINGS TO PEARCY BY AUTOMOBILE AT A COST OF $3, FOR WHICH HE CLAIMED REIMBURSEMENT. IN SAID SETTLEMENT HE WAS ALLOWED 54 CENTS ON THE UNDERSTANDING THAT HE COULD HAVE TRAVELED BY RAIL.

IT APPEARS THAT FORMERLY THERE WAS TRAIN SERVICE FROM HOT SPRINGS TO PEARCY, A DISTANCE OF ABOUT 15 MILES, BUT THAT SUCH SERVICE WAS DISCONTINUED IN 1923, PRIOR TO THE TRAVEL IN QUESTION.

THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, PROVIDES:

HEREAFTER AN ENLISTED MAN DISCHARGED FROM THE ARMY, NAVY, OR MARINE CORPS, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, SHALL RECEIVE 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF HIS DISCHARGE TO THE PLACE OF HIS ACCEPTANCE FOR ENLISTMENT, ENROLLMENT, OR MUSTER INTO THE SERVICE * *

THE NAVAL APPROPRIATION ACT OF JANUARY 22, 1923, 42 STAT. 1135, UNDER THE HEAD OF BUREAU OF NAVIGATION, TRANSPORTATION AND RECRUITING, PROVIDES:

FOR TRAVEL ALLOWANCE OR FOR TRANSPORTATION AND SUBSISTENCE AS AUTHORIZED BY LAW OF ENLISTED MEN UPON DISCHARGE * * * TRANSPORTATION TO THEIR HOMES, IF RESIDENTS OF THE UNITED STATES, OF ENLISTED MEN AND APPRENTICE SEAMEN DISCHARGED ON MEDICAL SURVEY, WITH SUBSISTENCE AND TRANSFERS EN ROUTE, CASH IN LIEU THEREOF * * *.

IN INSTRUCTIONS ISSUED BY THE PAYMASTER GENERAL OF THE NAVY RELATIVE TO THE PAYMENT OF TRAVEL ALLOWANCE AND FURNISHING TRANSPORTATION TO ENLISTED MEN ON DISCHARGE, IT WAS STATED:

15. ENLISTED MEN DISCHARGED PURSUANT TO MEDICAL SURVEYS ARE ENTITLED TO THE REGULAR TRAVEL ALLOWANCE SET FORTH IN PARAGRAPH 2 HEREOF. HOWEVER, UNDER THE TERMS OF THE ACT OF MARCH 3, 1901 (31 STAT. 1030), AND OF NAVAL APPROPRIATION ACT OF 1 JULY, 1922, THEY MAY BE FURNISHED TRANSPORTATION AND SUBSISTENCE, OR CASH IN LIEU OF THE LATTER, TO THEIR HOMES IF RESIDENTS OF THE UNITED STATES. THE FURNISHING OF TRAVEL ALLOWANCE OR TRANSPORTATION AND SUBSISTENCE IN LIEU THEREOF SHALL BE AT THE OPTION OF THE MEN. SEE 2 COMP. GEN. 612, 618.

IN ACCORDANCE WITH SAID INSTRUCTIONS IT IS ASSUMED CLAIMANT EXERCISED HIS OPTION AS TO WHETHER HE WOULD TAKE THE TRAVEL ALLOWANCE AT 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF DISCHARGE TO THE PLACE OF HIS ACCEPTANCE FOR ENLISTMENT, OR TRANSPORTATION IN KIND TO HIS HOME WITH SUBSISTENCE AND TRANSFERS EN ROUTE OR CASH IN LIEU OF SUCH SUBSISTENCE AND TRANSFERS.

THE SAID APPROPRIATION FOR TRANSPORTATION IN KIND MUST BE READ IN CONNECTION WITH THE PRACTICE AND METHOD EMPLOYED IN PROCURING SUCH TRANSPORTATION, WHICH IS, WHERE GOVERNMENT CONVEYANCES ARE NOT AVAILABLE BY MEANS OF ISSUING TRANSPORTATION REQUESTS ON COMMON CARRIERS TO FURNISH THE NECESSARY TRANSPORTATION. SO READ, A MAN'S HOME, WITHIN THE MEANING OF THE PROVISION IN THE SAID APPROPRIATION, IS THE PLACE NEAREST HIS HOME REACHED BY A COMMON CARRIER.

IN THIS CASE CLAIMANT WAS FURNISHED TRANSPORTATION IN KIND TO HOT SPRINGS, THE NEAREST PLACE TO HIS HOME REACHED BY A COMMON CARRIER, INCLUDING SLEEPER, AND CASH, $3.75, IN LIEU OF SUBSISTENCE EN ROUTE. IS ENTITLED TO NOTHING FURTHER.

THE SETTLEMENT IS REVERSED AND THE AMOUNT OF TREASURER'S CHECK NO 46377, DATED SEPTEMBER 29, 1924, FOR 54 CENTS, ISSUED IN PAYMENT OF AMOUNT FOUND DUE IN SAID SETTLEMENT, WILL BE COVERED INTO THE TREASURY FOR CREDIT TO THE APPROPRIATION ON WHICH DRAWN.