B-15829, APRIL 15, 1941, 20 COMP. GEN. 645

B-15829, APRIL 15, 1941, 20 COMP. GEN. 645

TRANSPORTATION - DEPENDENTS - MARINE CORPS RETIRED AND RESERVE PERSONNEL THE RULE THAT THE PAY AND ALLOWANCES OF OFFICERS AND ENLISTED MEN OF THE MARITIME CORPS ARE ASSIMILATED TO THE PAY AND ALLOWANCES OF PERSONNEL OF LIKE GRADES IN THE INFANTRY OF THE ARMY IS INAPPLICABLE TO CASES WHERE THE MARINE CORPS PERSONNEL IS OTHERWISE SPECIFICALLY PROVIDED FOR. RETIRED AND RESERVE PERSONNEL OF THE MARINE CORPS ARE NOT ENTITLED, BY ASSIMILATION, TO THE TRANSPORTATION OF DEPENDENTS WHEN ORDERED TO, AND RELEASED FROM, ACTIVE DUTY, SUCH AS IS PROVIDED FOR DEPENDENTS OF ARMY PERSONNEL UNDER CURRENT ARMY APPROPRIATIONS. SINCE TITLE II OF THE " FOURTH SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1941," CONTAINS SEPARATE APPROPRIATIONS FOR THE NAVY AND THE MARINE CORPS, A PROVISION IN THE APPROPRIATION FOR THE NAVY UNDER SAID TITLE RELATING TO TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE PERSONNEL WHEN ORDERED TO, AND RELEASED FROM, ACTIVE DUTY, IS NOT APPLICABLE TO RETIRED OR RESERVE PERSONNEL OF THE MARINE CORPS IN THE ABSENCE OF A SPECIFIC PROVISION MAKING IT APPLICABLE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, APRIL 15, 1941:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 25, 1941, REQUESTING DECISION ON QUESTIONS PRESENTED IN A LETTER FROM THE MAJOR GENERAL COMMANDANT, U.S. MARINE CORPS, DATED MARCH 20, 1941, AS FOLLOWS:

SUBJECT: TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE PERSONNEL OF THE MARINE CORPS WHEN ORDERED TO ACTIVE DUTY AND UPON RELEASE THEREFROM, REQUEST FOR DECISION.

REFERENCES: (A) ARTICLE 16-171 (2), MARINE CORPS MANUAL, 1940; (B) MILITARY APPROPRIATION ACT OF 1941, APPROVED JUNE 13, 1940; (C) PUBLIC ACT NO. 13, APPROVED MARCH 17, 1941.

1. REFERENCE (A) WHICH IS BASED UPON DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES PROVIDES THAT TRANSPORTATION IS NOT AUTHORIZED FOR THE DEPENDENT OF AN OFFICER FROM HIS HOME TO FIRST STATION OF DUTY, NOR IN THE CASE OF A RETIRED OFFICER ON ACTIVE DUTY FROM THE LAST STATION TO HIS HOME UPON RELEASE FROM SUCH DUTY. THESE DECISIONS WERE BASED UPON THE PROVISIONS OF THE ACTS OF MAY 18, 1920, AND JUNE 10, 1922.

2. BY REFERENCE (B) PROVISION IS MADE FOR THE TRANSPORTATION OF DEPENDENTS OF RETIRED PERSONNEL WHEN ORDERED TO ACTIVE DUTY AND UPON RELIEF THEREFROM. REFERENCE (C) MAKING SUPPLEMENTAL APPROPRIATIONS FOR PAY, SUBSISTENCE, AND TRANSPORTATION, NAVY, ALSO INCLUDES PROVISION FOR "TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND OF RETIRED AND RESERVE ENLISTED MEN * * * WHEN ORDERED TO ACTIVE DUTY(OTHER THAN TRAINING) AND UPON RELEASE THEREFROM.' NO SUCH PROVISION HAS YET BEEN MADE IN CONNECTION WITH THE APPROPRIATION " GENERAL EXPENSES, MARINE CORPS; " HOWEVER, IN VIEW OF SECTION 1612, REVISED STATUTES WHICH PROVIDES THAT OFFICERS OF THE MARINE CORPS SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE, OR MAY BE PROVIDED BY, OR IN PURSUANCE OF LAW FOR OFFICERS OF THE ARMY, IT APPEARS THAT THE ABOVE-MENTIONED PROVISIONS OF THE ACTS CITED IN REFERENCES (B) AND (C) MIGHT LEGALLY BE APPLIED IN CONNECTION WITH TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE PERSONNEL OF THE MARINE CORPS.

3. IT IS REQUESTED THAT THE MATTER PRESENTED HEREIN BE REFERRED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION AS TO WHETHER TRANSPORTATION OF THE CLASS IN QUESTION MAY BE FURNISHED AS AN EXPENSE TO THE APPROPRIATION," GENERAL EXPENSES, MARINE CORPS," AND IF AUTHORIZED, WHETHER THE RULING WILL APPLY RETROACTIVELY TO THE EFFECTIVE DATE OF EITHER OF THE ACTS MENTIONED IN REFERENCES (B) AND (C) FOR THE PURPOSE OF PAYING REIMBURSEMENT CLAIMS OF OFFICERS WHO HAVE FURNISHED TRANSPORTATION FROM PERSONAL FUNDS.

IN DECISION B-12209, DATED SEPTEMBER 20, 1940, THERE WAS CONSIDERED THE RIGHT OF RETIRED OFFICERS OF THE NAVY TO BE FURNISHED TRANSPORTATION FOR THEIR DEPENDENTS WHEN ORDERED TO ACTIVE DUTY AND UPON RELEASE THEREFROM, AS CHARGES AGAINST THEN CURRENT APPROPRIATIONS FOR THE NAVAL SERVICE, UNDER AUTHORITY OF THE ACT OF JUNE 13, 1940, PUBLIC, NO. 611, 54 STAT. 350, 356, MAKING APPROPRIATIONS FOR THE MILITARY ESTABLISHMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1941, AND IT WAS THERE HELD:

THE ACT OF JUNE 11, 1940, PUBLIC, NO. 588, 54 STAT. 265, 276, MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1941, UNDER BUREAU OF SUPPLIES AND ACCOUNTS, TRANSPORTATION, AND RECRUITING OF NAVAL PERSONNEL, PROVIDES FOR "TRANSPORTATION OF DEPENDENTS OF OFFICERS AND ENLISTED MEN.' TRANSPORTATION OF DEPENDENTS OF OFFICERS AND ENLISTED MEN OF THE NAVAL SERVICE, OR REIMBURSEMENT FOR THE COMMERCIAL COST THEREOF, IS LIMITED TO TRAVEL INCIDENT TO PERMANENT CHANGE OF STATION, AS PROVIDED IN SECTION 12 OF THE ACT OF MAY 18, 1920, AS AMENDED, 41 STAT. 604, 34 U.S.C. 896, AND AS FURTHER DEFINED BY SECTION 3 OF THE ACT OF JUNE 24, 1935, 49 STAT. 421, 34 U.S.C. 896B. THESE PROVISIONS OF LAW ARE, RESPECTIVELY, AS FOLLOWS:

" THAT HEREAFTER WHEN ANY COMMISSIONED OFFICER, NONCOMMISSIONED OFFICER OF THE GRADE OF COLOR SERGEANT AND ABOVE, INCLUDING ANY NONCOMMISSIONED OFFICER OF THE MARINE CORPS OF CORRESPONDING GRADE, WARRANT OFFICER, CHIEF PETTY OFFICER, OR PETTY OFFICER (FIRST CLASS), HAVING A WIFE OR DEPENDENT CHILD OR CHILDREN, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY, THE NAVY, THE MARINE CORPS, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, AND THE PUBLIC HEALTH SERVICE TO HIS NEW STATION FOR THE WIFE AND DEPENDENT CHILD OR CHILDREN: PROVIDED, THAT FOR PERSONS IN THE NAVAL SERVICE THE TERM "PERMANENT STATION," AS USED IN THIS SECTION, SHALL BE INTERPRETED TO MEAN A SHORE STATION OR THE HOME YARD OF THE VESSEL TO WHICH THE PERSON CONCERNED MAY BE ORDERED; AND A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF SUCH VESSEL SHALL BE DEEMED A CHANGE OF STATION: * * *

" DURING THE FISCAL YEAR 1935 AND THEREAFTER, THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN SECTION 12 OF THE ACT APPROVED MAY 18, 1920 (41 STAT. 604), AS AMENDED, SHALL BE HELD TO INCLUDE THE HOME OF AN OFFICER OR MAN TO WHICH HE IS ORDERED IN CONNECTION WITH RETIREMENT.'

EXCEPT AS THE WORDS "PERMANENT CHANGE OF STATION" WERE BY THE ACT OF JUNE 24, 1935, DEFINED TO INCLUDE THE HOME OF AN OFFICER OR MAN TO WHICH ORDERED IN CONNECTION WITH RETIREMENT, THE LIMITATION OF THE ORIGINAL DEFINITION AS CONTAINED IN THE ACT OF MAY 18, 1920, FOR PERSONS IN THE NAVAL SERVICE IS STILL THE LAW. 18 COMP. GEN. 921.

THE PLAN MEANING AND LEGISLATIVE HISTORY OF THE ACT OF JUNE 24, 1935, INDICATES A LEGISLATIVE INTENT TO BROADEN THE TERM "PERMANENT CHANGE OF STATION" TO INCLUDE THE HOME OF THE OFFICER OR MAN ONLY FOR THE PURPOSE OF TRAVEL FROM HIS LAST DUTY STATION TO HIS HOME WHEN ORDERED THERE IN CONNECTION WITH RETIREMENT, AND DISCLOSES NO PURPOSE, TO ATTACH THAT DEFINITION TO THE WORD "HOME" WHEN THE RETIRED OFFICER IS CALLED TO ACTIVE DUTY.

THE MILITARY APPROPRIATION ACT OF APRIL 26, 1939, PUBLIC, NO. 44, 53 STAT. PART 2, 598, FOR THE FISCAL YEAR ENDING JUNE 30, 1940--- SIMILAR TO THE 1941 NAVAL APPROPRIATION ACT--- PROVIDED, UNDER " TRAVEL OF THE ARMY," FOR TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL, AND, IF THAT LANGUAGE HAD CONTINUED IN EFFECT THEREAFTER, THE ACTS OF MAY 18, 1920, AND JUNE 24, 1935, OBVIOUSLY, WOULD HAVE PRECLUDED THE USE OF THAT APPROPRIATION FOR PAYMENT OF TRANSPORTATION OF DEPENDENTS OF ARMY PERSONNEL WHEN TRAVELING FROM HOME TO THE FIRST DUTY STATION UPON RECALL TO ACTIVE DUTY. HOWEVER, IN THE SUPPLEMENTAL EMERGENCY APPROPRIATION ACT, 1940, APPROVED FEBRUARY 12, 1940, 54 STAT. 24, UNDER " TRAVEL OF THE ARMY" THERE WAS INCLUDED A PROVISION " FOR AN ADDITIONAL AMOUNT FOR TRAVEL OF THE ARMY" COMPRISING THE SAME OBJECTS SPECIFIED UNDER THIS HEAD IN THE MILITARY APPROPRIATION ACT, 1940, INCLUDING TRAVEL OF DEPENDENTS OF RETIRED PERSONNEL WHEN ORDERED TO ACTIVE DUTY AND UPON RELIEF THEREFROM.' THIS LANGUAGE WAS CONTINUED WITHOUT SUBSTANTIAL CHANGE IN THE ACT OF JUNE 13, 1940, MAKING APPROPRIATIONS FOR THE MILITARY ESTABLISHMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1941, 54 STAT. 350, 356. THUS, FOR THE FISCAL YEARS 1940 AND 1941, AND NOTWITHSTANDING THE EXPLICIT PERMANENT PROVISIONS CONTAINED IN THE ACTS OF MAY 18, 1920, AND JUNE 24, 1935, APPLICABLE TO ALL OF THE SERVICES MENTIONED IN THE ACT OF JUNE 10, 1922, 42 STAT. 625, AN EXCEPTION HAS BEEN ENACTED IN THE APPROPRIATION ACTS CITED FOR THE MILITARY ESTABLISHMENT, THUS APPLICABLE TO THE ARMY ALONE.

ACCORDINGLY, AS THE NAVY IS NOT ASSIMILATED TO THE ARMY FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS BUT IS GIVEN THAT RIGHT BY SECTION 12 OF THE ACT OF MAY 18, 1920, AND SECTION 3 OF THE ACT OF JUNE 24, 1935, SUPRA, YOU ARE INFORMED THAT THE PROVISION CONTAINED IN THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1941, FOR TRANSPORTATION OF DEPENDENTS OF OFFICERS AND ENLISTED MEN IS NOT AVAILABLE FOR THE TRANSPORTATION OF DEPENDENTS OF SUCH PERSONNEL AFTER RETIREMENT FROM THEIR HOMES TO THE FIRST PERMANENT STATION UPON RECALL TO ACTIVE DUTY.

THE QUESTIONS NOW PRESENTED ARE WHETHER FOR PURPOSES OF TRANSPORTATION OF DEPENDENTS AT THE EXPENSE OF THE GOVERNMENT, RETIRED OFFICERS AND ENLISTED MEN OF THE MARINE CORPS AND MEMBERS OF THE MARINE CORPS RESERVE WHEN CALLED TO AND RELEASED FROM ACTIVE DUTY ARE ASSIMILATED IN ALL RESPECTS TO OFFICERS AND ENLISTED MEN OF THE ARMY--- AS AFFECTED BY THE SPECIFIC TEMPORARY MILITARY APPROPRIATION PROVISIONS REFERRED TO IN THE DECISION OF SEPTEMBER 20, 1940--- BY VIRTUE OF SECTION 1612 OF THE REVISED STATUTES, AND IF NOT, WHETHER SUCH RETIRED MEMBERS OF THE MARINE CORPS AND MEMBERS OF THE MARINE CORPS RESERVE ACQUIRE TRANSPORTATION BENEFITS INCIDENT TO THE TRAVEL OF THEIR DEPENDENTS BY REASON OF THE PROVISIONS CONTAINED IN THE ACT OF MARCH 17, 1941, PUBLIC, NO. 13, SEVENTY-SEVENTH CONGRESS, 55 STAT.---.

SECTION 1612 OF THE REVISED STATUTES, 34 U.S.C. 971, PROVIDES:

THE OFFICERS OF THE MARINE CORPS SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES, AND THE ENLISTED MEN SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND BOUNTY FOR RE-ENLISTING, AS ARE OR MAY BE PROVIDED BY OR IN PURSUANCE OF LAW FOR THE OFFICERS AND ENLISTED MEN OF LIKE GRADES IN THE INFANTRY OF THE ARMY.

IT HAS LONG BEEN HELD THAT THE PAY AND ALLOWANCES OF OFFICERS AND ENLISTED MEN OF THE MARINE CORPS ARE THE SAME AS PROVIDED FOR LIKE GRADES IN THE INFANTRY OF THE ARMY, BUT THIS RULE IS SUBJECT TO THE EXCEPTION THAT SUCH ASSIMILATION DOES NOT EXTEND TO CASES WHERE THE MARINE CORPS PERSONNEL IS OTHERWISE SPECIFICALLY PROVIDED FOR. BRISTOW V. UNITED STATES, 47 CT.1CLS. 46. THE ACT OF MAY 18, 1920, 41 STAT. 601, WAS ENTITLED " AN ACT TO INCREASE THE EFFICIENCY OF THE COMMISSIONED AND ENLISTED PERSONNEL" OF THE SERVICES THEREIN MENTIONED. SECTION 12 OF THE ACT PROVIDED FOR THE FURNISHING OF TRANSPORTATION FOR THE DEPENDENTS OF OFFICERS AND THE LIMITED CLASS OF ENLISTED MEN OF ALL THE SERVICES "FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY, THE NAVY, THE MARINE CORPS, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, AND THE PUBLIC HEALTH SERVICE.' IT SEEMS PLAIN, THEREFORE, THAT IN ITS APPLICATION AND EFFECT THE PROVISIONS OF SECTION 12 OF THE ACT OF MAY 18, 1920, ARE NO MORE EXCLUSIVELY FOR THE BENEFIT OF PERSONNEL OF THE ARMY THAN FOR THE PERSONNEL OF THE MARINE CORPS OR OF ANY OF THE OTHER SERVICES, THE EXTENT OF THE BENEFITS THEREUNDER BY THE CLEAR LANGUAGE EMPLOYED BEING LIMITED BY THE APPROPRIATIONS FOR THE PARTICULAR SERVICE CONCERNED. PERSONNEL OF THE MARINE CORPS, THEREFORE, DO NOT DERIVE THE RIGHT TO TRANSPORTATION OF DEPENDENTS BY ASSIMILATION TO THE ARMY UNDER SECTION 1612 OF THE REVISED STATUTES, THE EXTENT OF THEIR RIGHTS BEING MEASURED BY THE APPROPRIATION PROVIDED FOR THE MARINE CORPS FOR THE SPECIFIC PURPOSE.

FOLLOWING THE REASONING OF THE COURT OF CLAIMS IN THE BRISTOW CASE IT SEEMS CLEAR THAT HAD THE APPROPRIATION FOR THE MILITARY ESTABLISHMENT, WHICH FIRST PROVIDED FUNDS FOR THE TRANSPORTATION OF DEPENDENTS OF RETIRED OFFICERS OF THE ARMY "WHEN ORDERED TO ACTIVE DUTY AND UPON RELEASE EREFROM," NOT CONTAINED SUCH A PROVISION, BUT INSTEAD HAD EXPRESSLY PROVIDED THAT NO PART OF THE APPROPRIATION WOULD BE AVAILABLE FOR THE TRANSPORTATION OF DEPENDENTS OF THE ARMY PERSONNEL UPON PERMANENT CHANGE OF STATION, THE RIGHT OF PERSONNEL OF THE MARINE CORPS TO TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION WOULD NOT HAVE BEEN AFFECTED BY SUCH OMISSION IN THE ARMY APPROPRIATION ACT IF THE APPROPRIATION FOR THE MARINE CORPS CONTINUED TO INCLUDE A PERTINENT PROVISION FOR ITS PERSONNEL. DECISION B-12209, SUPRA. MOREOVER, ANY CONTENTION FOR THE INCLUSION OF RESERVE PERSONNEL OF THE MARINE CORPS BASED UPON ANY ASSUMED ASSIMILATION TO THE ARMY SEEMS TO BE WHOLLY UNTENABLE. OFFICERS OF THE ORGANIZED RESERVE UNDER SECTION 37 (A) OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS MODIFIED BY THE ACT OF JUNE 10, 1922, WHILE ASSIMILATED TO A CERTAIN EXTENT TO OFFICERS OF THE REGULAR ARMY, IN VIEW OF THE DIFFERENCE IN THE STATUS OF SUCH RESERVE OFFICERS THEY ARE NOT ASSIMILATED FOR ALL PURPOSES. HOWEVER, UNDER RECENT APPROPRIATIONS FOR THE ORGANIZED RESERVES SPECIAL PROVISIONS AS TO TRANSPORTATION OF DEPENDENTS HAVE BEEN ENACTED FOR THEIR EXCLUSIVE BENEFIT. IF BY SUCH APPROPRIATION PROVISIONS RESERVE OFFICERS OF THE ARMY ARE ENTITLED TO CERTAIN BENEFITS UNDER PROVISIONS APPLICABLE TO THEM ALONE AND NOT TO REGULAR ARMY OFFICERS, IT APPEARS OBVIOUS THAT PERSONNEL OF THE MARINE CORPS RESERVE WOULD NOT SECURE SUCH BENEFITS BY ASSIMILATION. SEE IN THIS CONNECTION THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1175.

IN VIEW OF THE ABOVE, RETIRED AND RESERVE PERSONNEL OF THE MARINE CORPS ARE NOT ENTITLED TO ANY OF THE BENEFITS PROVIDED FOR TRANSPORTATION OF THE DEPENDENTS OF RETIRED PERSONNEL UNDER THE ARMY APPROPRIATIONS REFERRED TO. SEE GENERALLY CRAIG V. UNITED STATES, 61 CT.1CLS. 687, 692.

THE QUESTION WHETHER THE PROVISIONS CONTAINED IN THE ACT OF MARCH 17, 1941, PUBLIC, NO. 13, SEVENTY-SEVENTH CONGRESS, 55 STAT.---, MAY LEGALLY BE APPLIED FOR THE PURPOSE OF REIMBURSEMENT OF RETIRED AND RESERVE PERSONNEL OF THE MARINE CORPS UPON ORDER TO, AND RELEASE FROM, ACTIVE DUTY, CHARGEABLE TO " GENERAL EXPENSES, MARINE CORPS," IS DEPENDENT ON OTHER CONSIDERATION. THIS ACT," FOURTH SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1941" MAKING DEFICIENCY AND SUPPLEMENTAL APPROPRIATIONS FOR THE ARMY AND NAVY FOR THE NATIONAL DEFENSE FOR THE FISCAL YEAR ENDING JUNE 30, 1941, PROVIDES UNDER TITLE II, NAVY DEPARTMENT:

FOR ADDITIONAL AMOUNTS FOR APPROPRIATIONS FOR THE NAVY DEPARTMENT AND THE NAVAL SERVICE, FISCAL YEAR 1941, TO BE SUPPLEMENTAL AND IN ADDITION TO THE APPROPRIATIONS IN THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1941, INCLUDING THE OBJECTS AND SUBJECT TO THE LIMITATIONS AND CONDITIONS SPECIFIED THEREIN, EXCEPTING THE LIMITATIONS SUSPENDED BY THE ACT APPROVED JUNE 28, 1940 ( PUBLIC, NO. 671, 76TH CONG.), AND EXCEPT AS OTHERWISE PROVIDED HEREIN, AS FOLLOWS:

NAVAL ESTABLISHMENT

BUREAU OF SUPPLIES AND ACCOUNTS

PAY, SUBSISTENCE, AND TRANSPORTATION, NAVY, INCLUDING SUBSISTENCE OF MEMBERS OF THE FLEET RESERVE AND RETIRED ENLISTED MEN IN NAVAL HOSPITALS, FURLOUGH RATIONS, ONE ADDITIONAL OFFICER ABOVE THE RANK OF CAPTAIN IN A FLIGHT PAY STATUS, AND TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND OF RETIRED AND RESERVE ENLISTED MEN (OR GRADES ENTITLED TO TRANSPORTATION FOR DEPENDENTS IN THE REGULAR NAVY) WHEN ORDERED TO ACTIVE DUTY (OTHER THAN TRAINING) AND UPON RELEASE THEREFROM * * *

MARINE CORPS

GENERAL EXPENSES, MARINE CORPS: * * * TRANSPORTATION OF TROOPS AND RECRUITING, $450,000; * * *

THE LAST ITEM JUST REFERRED TO APPEARS TO BE AN ABBREVIATED TITLE FOR THE CORRESPONDING PARAGRAPH UNDER THE SAME TITLE IN THE APPROPRIATION FOR THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1941, PUBLIC, NO. 588, SEVENTY-SIXTH CONGRESS, 54 STAT. 265, 285, APPROVED JUNE 11, 1940, WHICH PROVIDED:

FOR TRANSPORTATION OF TROOPS AND APPLICANTS FOR ENLISTMENT, INCLUDING CASH IN LIEU OF FERRIAGE AND TRANSFERS EN ROUTE; TOILET KITS FOR ISSUE TO RECRUITS UPON THEIR FIRST ENLISTMENT AND OTHER INCIDENTAL EXPENSES OF THE RECRUITING SERVICE; AND FOR TRANSPORTATION FOR DEPENDENTS OF OFFICERS AND ENLISTED MEN, * * *

APPROPRIATIONS HAVING BEEN MADE FOR THE NAVY AND FOR THE MARINE CORPS SEPARATELY, A PROVISION IN AN APPROPRIATION ACT APPLICABLE TO ONE IS NOT APPLICABLE TO THE OTHER UNLESS SPECIFICALLY SO STATED. IN THESE CIRCUMSTANCES NEITHER OF THE PROVISIONS REFERRED TO BY THE MAJOR GENERAL COMMANDANT IS APPLICABLE TO RETIRED OR RESERVE PERSONNEL OF THE MARINE CORPS.