B-104834, JANUARY 3, 1952, 31 COMP. GEN. 247

B-104834, JANUARY 3, 1952, 31 COMP. GEN. 247

TRAVEL ALLOWANCES - ENLISTED MEN DISCHARGED TO ACCEPT COMMISSIONS A NAVAL RESERVE ENLISTED MAN WHOSE NORMAL EXPIRATION DATE OF ENLISTMENT WAS INVOLUNTARILY EXTENDED PURSUANT TO THE PROVISIONS OF SECTION 1 OF THE ACT OF DECEMBER 13, 1941, AND WHO WAS DISCHARGED PRIOR TO THE EXPIRATION OF THE ENLISTMENT FOR THE PURPOSE OF ACCEPTING A COMMISSION IN THE REGULAR NAVY, MAY NOT BE CONSIDERED AS HAVING BEEN DISCHARGED AT THE EXPIRATION OF HIS ENLISTMENT SO AS TO BE ENTITLED TO THE TRAVEL ALLOWANCE PROVIDED BY SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED.

ASSISTANT COMPTROLLER GENERAL YATES TO PRESTON L. POWELL, JANUARY 3, 1952:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 11, 1951, FORWARDED HERE BY THE COMMANDING OFFICER, U.S. NAVAL HOSPITAL, PENSACOLA, FLORIDA, REQUESTING REVIEW OF SETTLEMENT DATED JULY 5, 1951, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE FROM OAKLAND, CALIFORNIA, TO WASHINGTON D.C., INCIDENT TO YOUR DISCHARGE ON SEPTEMBER 2, 1957, AS CHIEF PHARMACIST, UNITED STATES NAVY.

THE RECORD SHOWS THAT YOU ENLISTED IN THE UNITED STATES NAVY AS PHARMACIST'S MATE FIRST CLASS, AT WASHINGTON, D.C., ON SEPTEMBER 9, 1941, FOR A PERIOD OF FOUR YEARS; THAT YOU WERE APPOINTED CHIEF PHARMACIST'S MATE ( AA) ON OCTOBER 7, 1942, CHIEF PHARMACIST'S MATE ( PA) ON JULY 1, 1943, PHARMACIST (T) ON SEPTEMBER 4, 1943, CHIEF PHARMACIST ON JUNE 14, 1944, ENSIGN (T) ON JANUARY 10, 1945, LIEUTENANT JUNIOR GRADE (T) ON JANUARY 1, 1947; THAT YOU WERE ISSUED AN HONORABLE DISCHARGE ON SEPTEMBER 2, 1947, AT THE U.S. NAVAL MEDICAL SUPPLY DEPOT OAKLAND, CALIFORNIA, TO ACCEPT A PERMANENT COMMISSION AS ENSIGN, USN; THAT YOU ACCEPTED A COMMISSION AS AN ENSIGN, USN, ON SEPTEMBER 3, 1947; THAT YOUR HOME ADDRESS AT THE TIME OF ENLISTMENT WAS LOS ANGELES, CALIFORNIA, AND THAT ON APRIL 6, 1951, YOU SIGNED A STATEMENT IN WHICH YOU ELECTED TO RECEIVE TRAVEL ALLOWANCE TO WASHINGTON, D.C., THE PLACE WHERE YOU WERE ACCEPTED FOR ENLISTMENT.

IN YOUR LETTER OF JULY 11, 1951, YOU STATED IN SUBSTANCE THAT YOU WERE NOT DISCHARGED PRIOR TO THE EXPIRATION OF YOUR ENLISTMENT TO ACCEPT A COMMISSION SINCE YOU LAST ENLISTED IN WASHINGTON, C., ON SEPTEMBER 9, 1941, FOR A PERIOD OF FOUR YEARS, AND WERE SERVING AT THE TIME OF YOUR DISCHARGE ON SEPTEMBER 2, 1947, UNDER AN INVOLUNTARY EXTENSION OF SUCH ENLISTMENT. ON SUCH BASIS YOU REQUEST THAT YOUR CLAIM BE REVIEWED, AND INDICATE A BELIEF THAT UNDER THE LAW AND REGULATIONS YOU ARE ENTITLED TO TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM OAKLAND, CALIFORNIA, TO WASHINGTON, D.C., INCIDENT TO YOUR DISCHARGE ON SEPTEMBER 2, 1947.

SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, 60 STAT. 856, PROVIDES:

AN ENLISTED PERSON OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD, INCLUDING RESERVE COMPONENTS THEREOF, UPON DISCHARGE EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, RETIREMENT, OR RELIEF FROM ACTIVE DUTY, SHALL, UNDER SUCH REGULATIONS AS THE HEAD OF THE DEPARTMENT CONCERNED MAY PRESCRIBE FOR PERSONNEL UNDER HIS JURISDICTION, RECEIVE A MONEY ALLOWANCE OF 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF DISCHARGE OR RELEASE FROM ACTIVE DUTY TO HIS HOME, OR PLACE OF ACCEPTANCE FOR ACTIVE DUTY, OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, OR SUCH OTHER PLACE AS MAY BE DETERMINED TO BE MOST APPROPRIATE BY THE HEAD OF THE DEPARTMENT CONCERNED. * * *

PARAGRAPH 7451, U.S. NAVY TRAVEL INSTRUCTIONS, CHANGE 3 EFFECTIVE AUGUST 1947, PROVIDES THAT PERSONNEL ARE NOT ENTITLED TO TRANSPORTATION OR TRAVEL ALLOWANCE WHEN SEPARATED FROM THE SERVICE FOR THE REASONS DESCRIBED THEREIN, SUBPARAGRAPH 7 THEREOF BEING AS FOLLOWS:

DISCHARGE PRIOR TO EXPIRATION OF ENLISTMENT TO ENLIST IN ANOTHER BRANCH OF THE SERVICE, OR TO ACCEPT APPOINTMENT, WARRANT, OR COMMISSION, EXCEPT WHEN NOT IMMEDIATELY ORDERED TO ACTIVE DUTY UNDER SUCH APPOINTMENT, WARRANT, OR COMMISSION.

SECTION 1 OF THE ACT OF DECEMBER 13, 1941, 55 STAT. 799, PROVIDES AS FOLLOWS:

THAT IN TIME OF WAR ALL ENLISTMENTS IN THE REGULAR NAVY, MARINE CORPS, AND COAST GUARD, AND IN THE RESERVE COMPONENTS THEREOF AS APPLICABLE, MAY BE EXTENDED BY THE SECRETARY OF THE NAVY FOR SUCH ADDITIONAL TIME AS HE MAY DEEM NECESSARY IN THE INTEREST OF NATIONAL DEFENSE: PROVIDED, THAT ALL MEN WHOSE TERMS OF ENLISTMENT ARE EXTENDED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT SHALL CONTINUE DURING SUCH EXTENSIONS TO BE SUBJECT IN ALL RESPECTS TO THE LAWS AND REGULATIONS FOR THE GOVERNMENT OF THE NAVY: PROVIDED FURTHER, THAT MEN DETAINED IN SERVICE IN ACCORDANCE WITH THIS ACT SHALL, UNLESS THEY VOLUNTARILY EXTEND THEIR ENLISTMENTS, BE DISCHARGED NOT LATER THAN SIX MONTHS AFTER THE TERMINATION OF THE CONDITION WHICH ORIGINALLY AUTHORIZED THEIR DETENTION.

ALNAV 155, DATED DECEMBER 15, 1941, PROVIDES IN PERTINENT PART THAT:

ENLISTMENTS OF MEN IN REGULAR NAVY, MARINE CORPS AND COAST GUARD WHO DO NOT VOLUNTARILY EXTEND OR REENLIST AND ALL ENLISTMENTS OF MEN IN RESERVE COMPONENTS THEREOF ARE HEREBY EXTENDED IN ACCORDANCE WITH ACT APPROVED DECEMBER 13, 1941, FOR A PERIOD NOT LATER THAN SIX MONTHS AFTER TERMINATION OF WAR. MEN SO DETAINED NOT ENTITLED TO ENLISTMENT ALLOWANCE. * * *

UNDER THE ABOVE-QUOTED PROVISIONS OF LAW AND REGULATIONS, THE ENLISTMENTS OF ALL ENLISTED MEN WHO, DURING THE WAR, DID NOT VOLUNTARILY EXTEND THEIR ENLISTMENTS AT NORMAL DATE OF EXPIRATION THEREOF, WERE EXTENDED FOR A PERIOD NOT LATER THAN SIX MONTHS AFTER THE TERMINATION OF THE WAR. THE RECORD INDICATES THAT YOU DID NOT VOLUNTARILY EXTEND YOUR ENLISTMENT AT NORMAL DATE OF EXPIRATION THEREOF ON SEPTEMBER 8, 1945, AND CONSEQUENTLY YOUR ENLISTMENT WAS AUTOMATICALLY EXTENDED UNDER THE ABOVE-QUOTED PROVISIONS OF LAW AND REGULATIONS FOR A PERIOD NOT LATER THAN SIX MONTHS AFTER TERMINATION OF THE WAR. THEREFORE, YOUR DISCHARGE ON SEPTEMBER 2, 1947, WAS NOT A DISCHARGE AT EXPIRATION OF ENLISTMENT, BUT A DISCHARGE PRIOR TO EXPIRATION OF ENLISTMENT TO PERMIT YOU TO ACCEPT APPOINTMENT AS A COMMISSIONED OFFICER IN THE REGULAR NAVY OF THE UNITED STATES ON SEPTEMBER 3, 1947. THE EFFECT OF YOUR DISCHARGE UNDER SUCH CIRCUMSTANCES WAS TO ALLOW YOU TO CONTINUE IN THE SERVICE IN A DIFFERENT STATUS AND WAS NOT A DISCHARGE ENTITLING YOU TO TRAVEL ALLOWANCE WITHIN THE MEANING OF SECTION 126 OF THE NATIONAL DEFENSE ACT, SUPRA.

ACCORDINGLY, NO RIGHT TO TRAVEL ALLOWANCE ACCRUED TO YOU INCIDENT TO YOUR DISCHARGE ON SEPTEMBER 2, 1947, AND THE SETTLEMENT OF JULY 5, 1951, IS SUSTAINED.