B-100315, JAN 10, 1951

B-100315: Jan 10, 1951

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TO THIS OFFICE FOR ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH. IT APPEARS THAT THE ENLISTED MAN WAS DISCHARGED FROM THE NAVY AT BOSTON. HE WAS ASSIGNED TO BOSTON RECRUITING MAIN STATION OF RECRUITING DETACHMENT #3. HE WAS RELEASED FROM SUCH ASSIGNMENT AND WAS TRANSFERRED TO NINTH INFANTRY DIVISION. IT IS WELL ESTABLISHED THAT THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942. WHERE AN ENLISTED MAN IS DISCHARGED AND REENLISTED IN THE SAME BRANCH OF THE ARMED FORCES. PROVIDES THAT A DISCHARGE OF AN ENLISTED MAN OF THE FIRST THREE GRADES FOR ENLISTMENT OR REENLISTMENT IN THE REGULAR ARMY ON THE DAY FOLLOWING DISCHARGE IS NOT CONSIDERED A BREAK IN ACTIVE SERVICE SO FAR AS SUCH PERSON'S RIGHT TO TRANSPORTATION OF DEPENDENTS IS CONCERNED AND THAT IN SUCH CASE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED WHERE A PERMANENT CHANGE OF STATION IS INVOLVED IN CONNECTION WITH ENLISTMENT OR REENLISTMENT.