B-14980, MARCH 14, 1941, 20 COMP. GEN. 519

B-14980, MARCH 14, 1941, 20 COMP. GEN. 519

TRAVEL ALLOWANCE - NAVAL RESERVISTS AN ENLISTED MAN OF THE NAVAL RESERVE WHO IS DISCHARGED OTHER THAN AT EXPIRATION OF HIS ENLISTMENT WHEN ON ACTIVE DUTY IN TIME OF WAR OR NATIONAL EMERGENCY IS ENTITLED TO NOTHING MORE THAN TRANSPORTATION AND SUBSISTENCE TO THE PLACE FROM WHICH HE ENTERED ON ACTIVE DUTY AND IS NOT ENTITLED TO TRAVEL ALLOWANCE AT 5 CENTS PER MILE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MARCH 14, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 11, 1941, AS FOLLOWS:

THERE IS ENCLOSED HEREWITH FOR YOUR CONSIDERATION A LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, DATED JANUARY 23, 1941, WITH ACCOMPANYING ENDORSEMENT, REQUESTING YOUR DECISION ON THE QUESTION THEREIN PRESENTED AS TO WHETHER ENLISTED MEN OF THE NAVAL RESERVE, DISCHARGED AT OTHER THAN EXPIRATION OF ENLISTMENT WHILE ON ACTIVE DUTY IN TIME OF WAR OR NATIONAL EMERGENCY, ARE ENTITLED TO THE SAME TRAVEL ALLOWANCE OR TRANSPORTATION IN KIND AS ENLISTED MEN OF THE REGULAR NAVY DISCHARGED FOR SIMILAR CAUSE AND WITH THE SAME CHARACTER OF DISCHARGE.

IN DECISION JULY 1, 1940, 20 COMP. GEN. 1, IT WAS HELD THAT ENLISTED MEMBERS OF THE NAVAL RESERVE WHO ARE DISCHARGED AT EXPIRATION OF ENLISTMENT WHILE ON ACTIVE DUTY IN CONNECTION WITH THE EXISTING EMERGENCY ARE ENTITLED TO TRAVEL ALLOWANCE PRESCRIBED BY SECTION 126 OF THE NATIONAL DEFENSE ACT, 42 STAT. 1021 (34 U.S.C. 895), AS AMENDED. THE PAYMASTER GENERAL REFERS TO THAT DECISION AND REQUESTS DECISION WHETHER ENLISTED MEN OF THE NAVAL RESERVE WHO ARE DISCHARGED AT OTHER THAN EXPIRATION OF ENLISTMENT WHEN ON ACTIVE DUTY IN TIME OF WAR OR NATIONAL EMERGENCY ARE ENTITLED TO TRAVEL ALLOWANCE OR TRANSPORTATION IN KIND UNDER THE SAME CONDITIONS AS ENLISTED MEN OF THE REGULAR NAVY DISCHARGED FOR THE SAME CAUSES.

THE DECISION OF JULY 1, 1940, 20 COMP. GEN. 1, CONSIDERED THE STATUS OF MEN OF THE NAVAL RESERVE WHO ARE DISCHARGED AT EXPIRATION OF ENLISTMENT WHILE ON ACTIVE DUTY AND WHO MAY SHIP OVER. IN THAT CASE THEY WOULD NOT RETURN TO THEIR HOMES AND IF THE TRAVEL ALLOWANCE OF 5 CENTS A MILE WERE DENIED THEM THEY WOULD NOT RECEIVE THE SAME ALLOWANCE AS ENLISTED MEN OF THE REGULAR NAVY IN THE SAME SITUATION. WHERE AN ENLISTED MAN OF THE NAVAL RESERVE IS DISCHARGED BEFORE EXPIRATION OF ENLISTMENT FOR ANY OF THE CAUSES WHICH WOULD ENTITLE AN ENLISTED MAN OF THE REGULAR NAVY, IF SO DISCHARGED, TO TRAVEL ALLOWANCE, THERE WOULD BE NO REENLISTMENT AND THE MAN WOULD BE FREE TO RETURN TO HIS HOME. THE NAVAL RESERVE ACT OF 1925 WAS CONSISTENTLY INTERPRETED, AND ADMINISTRATIVELY APPLIED, AS AUTHORIZING ONLY TRANSPORTATION AND SUBSISTENCE FOR ENLISTED MEMBERS TRAVELING TO AND FROM ACTIVE DUTY. THE NAVAL RESERVE ACT OF 1938 CONTAINS NO PROVISION EXPRESSLY AUTHORIZING COMMUTATION OF THE COST OF SUCH TRAVEL. THE OBLIGATION OF THE GOVERNMENT TO RETURN AN ENLISTED MAN OF THE NAVAL RESERVE TO HIS HOME OR THE PLACE FROM WHICH TAKEN FOR ACTIVE DUTY UPON RELEASE THEREFROM NOT INCREASED IF AT SUCH TIME HE IS DISCHARGED FROM HIS ENLISTMENT CONTRACT. WHEN SO RELEASED FROM ACTIVE DUTY (THAT IS, BY DISCHARGE) EITHER DURING A TIME OF WAR OR NATIONAL EMERGENCY OR IN TIME OF PEACE, THE MAN IS ENTITLED TO NOTHING MORE THAN TRANSPORTATION AND SUBSISTENCE TO THE PLACE FROM WHICH HE ENTERED ON ACTIVE DUTY.

ACCORDINGLY, YOU ARE ADVISED THAT ENLISTED MEN OF THE NAVAL RESERVE WHO ARE DISCHARGED OTHER THAN AT EXPIRATION OF ENLISTMENT VALUE ON ACTIVE DUTY IN TIME OF WAR OR NATIONAL EMERGENCY ARE NOT ENTITLED TO TRAVEL ALLOWANCE AT 5 CENTS PER MILE.