A-9948, JUNE 29, 1925, 4 COMP. GEN. 1073

A-9948: Jun 29, 1925

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BURIAL EXPENSES - TRANSFERRED MEMBERS OF FLEET MARINE CORPS RESERVE AS TRANSFERRED MEMBERS OF THE FLEET MARINE CORPS RESERVE ARE NOT ENLISTED MEN OF THE REGULAR MARINE CORPS THEIR FUNERAL EXPENSES ARE NOT PAYABLE FROM THE APPROPRIATION MADE BY THE ACT OF MAY 28. YOU REQUEST DECISION WHETHER PAYMENT OF THE VOUCHER IS AUTHORIZED. IT APPEARS THAT MCGURN WAS TRANSFERRED TO THE UNITED STATES FLEET MARINE CORPS RESERVE. WAS IMMEDIATELY TRANSFERRED TO AN INACTIVE STATUS. THE SECRETARY OF THE NAVY IS AUTHORIZED TO TRANSFER TO THE FLEET NAVAL RESERVE AT ANY TIME WITHIN HIS DISCRETION ANY ENLISTED MAN OF THE NAVAL SERVICE WITH TWENTY OR MORE YEARS' NAVAL SERVICE. MEMBERS OF THE FLEET NAVAL RESERVE WHO HAVE.

A-9948, JUNE 29, 1925, 4 COMP. GEN. 1073

BURIAL EXPENSES - TRANSFERRED MEMBERS OF FLEET MARINE CORPS RESERVE AS TRANSFERRED MEMBERS OF THE FLEET MARINE CORPS RESERVE ARE NOT ENLISTED MEN OF THE REGULAR MARINE CORPS THEIR FUNERAL EXPENSES ARE NOT PAYABLE FROM THE APPROPRIATION MADE BY THE ACT OF MAY 28, 1924, 43 STAT. 203, FOR THE PAYMENT OF FUNERAL EXPENSES OF OFFICERS AND ENLISTED MEN OF THE MARINE CORPS.

COMPTROLLER GENERAL MCCARL TO MAJ. CHARLES R. SANDERSON, UNITED STATES MARINE CORPS, JUNE 29, 1925:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 1, 1925, SUBMITTING A VOUCHER IN FAVOR OF WILLIAM H. CHEW, FUNERAL DIRECTOR, 1928 FEDERAL STREET, PHILADELPHIA, PA., IN AMOUNT $150, FOR EXPENSES INCURRED IN THE BURIAL OF THE LATE GUNNERY SERGT. JOHN MCGURN, FLEET MARINE CORPS RESERVE, WHO DIED AT HIS HOME, PHILADELPHIA, PA., FEBRUARY 3, 1925. YOU REQUEST DECISION WHETHER PAYMENT OF THE VOUCHER IS AUTHORIZED.

IT APPEARS THAT MCGURN WAS TRANSFERRED TO THE UNITED STATES FLEET MARINE CORPS RESERVE, CLASS 1 (D), WITH OVER 20 YEARS' SERVICE SEPTEMBER 16, 1919, AND WAS IMMEDIATELY TRANSFERRED TO AN INACTIVE STATUS, IN WHICH HE REMAINED UP TO AND INCLUDING THE DATE OF HIS DEATH.

YOU INVITE ATTENTION TO THE NAVY APPROPRIATION ACT OF MAY 28, 1924, 43 STAT. 203, UNDER THE HEADING "GENERAL EXPENSES, MARINE CORPS," READING AS FOLLOWS:

* * * FUNERAL EXPENSES OF OFFICERS AND ENLISTED MEN AND ACCEPTED APPLICANTS FOR ENLISTMENT AND RETIRED OFFICERS ON ACTIVE DUTY AND RETIRED ENLISTED MEN OF THE MARINE CORPS, INCLUDING THE TRANSPORTATION OF THEIR BODIES, ARMS, AND WEARING APPAREL FROM THE PLACE OF DEMISE TO THE HOMES OF THE DECEASED IN THE UNITED STATES * * *.

THE PROVISIONS OF THE ACT OF AUGUST 29, 1916, 39 STAT. 589, 590, RELATIVE TO TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE, AND MADE APPLICABLE BY THE ACT TO TRANSFERRED MEMBERS OF THE FLEET MARINE CORPS RESERVE, PROVIDE:

IN ADDITION TO THE ENROLLMENTS IN THE FLEET NAVAL RESERVE ABOVE PROVIDED, THE SECRETARY OF THE NAVY IS AUTHORIZED TO TRANSFER TO THE FLEET NAVAL RESERVE AT ANY TIME WITHIN HIS DISCRETION ANY ENLISTED MAN OF THE NAVAL SERVICE WITH TWENTY OR MORE YEARS' NAVAL SERVICE, AND ANY ENLISTED MAN, AT THE EXPIRATION OF A TERM OF ENLISTMENT WHO MAY BE THEN ENTITLED TO AN HONORABLE DISCHARGE, AFTER SIXTEEN YEARS' NAVAL SERVICE: PROVIDED, THAT SUCH TRANSFERS SHALL ONLY BE MADE UPON VOLUNTARY APPLICATION AND IN THE RATING IN WHICH THEN SERVING, AND THE MEN SO TRANSFERRED SHALL BE CONTINUED IN THE FLEET NAVAL RESERVE UNTIL DISCHARGED BY COMPETENT AUTHORITY.

MEMBERS OF THE FLEET NAVAL RESERVE WHO HAVE, WHEN TRANSFERRED TO THE FLEET NAVAL RESERVE, COMPLETED NAVAL SERVICE OF SIXTEEN OR TWENTY OR MORE YEARS SHALL BE PAID A RETAINER AT THE RATE OF ONE-THIRD AND ONE-HALF, RESPECTIVELY, OF THE BASE PAY THEY WERE RECEIVING AT THE CLOSE OF THEIR LAST NAVAL SERVICE PLUS ALL PERMANENT ADDITIONS THERETO * * * .

IT HAS BEEN HELD THAT ENLISTED MEN OF THE NAVY WHO, UPON THEIR VOLUNTARY APPLICATION, HAVE BEEN TRANSFERRED TO THE FLEET NAVAL RESERVE IN ACCORDANCE WITH THE ACT OF AUGUST 29, 1916, CEASE FOR ALL PURPOSES TO BE ENLISTED MEN OF THE NAVY AND BECOME THEREAFTER FOR ALL PURPOSES FLEET NAVAL RESERVISTS. 2 COMP. GEN. 762.

THE ACT OF MAY 28, 1924, MAKING APPROPRIATION FOR THE PAYMENT OF FUNERAL EXPENSES OF ENLISTED MEN OF THE MARINE CORPS HAS REFERENCE TO ENLISTED MEN OF THE REGULAR MARINE CORPS, AND HAS NO APPLICATION TO TRANSFERRED MEMBERS OF THE FLEET MARINE CORPS RESERVE.

THE APPROPRIATION NOT INCLUDING TRANSFERRED MEMBERS OF THE FLEET MARINE CORPS RESERVE YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER.