B-33768, AUGUST 18, 1943, 23 COMP. GEN. 117

B-33768: Aug 18, 1943

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A TRANSFERRED MEMBER OF THE FLEET RESERVE WHO WAS RECALLED TO ACTIVE DUTY BEFORE. IS ENTITLED TO THE SAID TRAVEL ALLOWANCE. THE PLACE TO WHICH ORDERS TO ACTIVE DUTY ARE ADDRESSED. IF SUCH PLACE IS THE BONA FIDE ADDRESS OF THE RESERVIST AT THE TIME. AN ENLISTED MAN WHO WAS TRANSFERRED TO THE FLEET RESERVE AT OTHER THAN THE EXPIRATION OF HIS ENLISTMENT. RETAINED ON ACTIVE DUTY IS NOT ENTITLED. AN ENLISTED MAN OF THE REGULAR NAVY WHO WAS TRANSFERRED TO THE FLEET RESERVE AT OTHER THAN THE EXPIRATION OF HIS ENLISTMENT AND RETAINED ON ACTIVE DUTY. - RATHER THAN TO THE PLACE AT WHICH TRANSFER TO THE FLEET RESERVE WAS EFFECTED. AN ENLISTED MAN OF THE REGULAR NAVY WHO WAS TRANSFERRED TO THE FLEET RESERVE AT THE EXPIRATION OF HIS ENLISTMENT AND RETAINED ON ACTIVE DUTY.

B-33768, AUGUST 18, 1943, 23 COMP. GEN. 117

TRAVEL ALLOWANCE - NAVAL RESERVISTS THE PROVISION IN THE ACT OF DECEMBER 14, 1942, AMENDING SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, THAT "FROM AND AFTER AUGUST 27, 1940," UPON DISCHARGE, RELIEF, OR RELEASE FROM ACTIVE DUTY, ENLISTED MEN OF THE NAVAL RESERVE--- WHICH INCLUDES MEMBERS OF THE FLEET RESERVE--- SHALL BE ENTITLED TO THE TRAVEL ALLOWANCE AUTHORIZED THEREIN, RELATES TO THE DISCHARGE, RELIEF, OR RELEASE FROM ACTIVE DUTY RATHER THAN TO THE ENLISTMENT OR CALL TO ACTIVE DUTY, AND, THEREFORE, A TRANSFERRED MEMBER OF THE FLEET RESERVE WHO WAS RECALLED TO ACTIVE DUTY BEFORE, ON, OR AFTER AUGUST 27, 1940, AND DISCHARGED, RELIEVED OR RELEASED FROM ACTIVE DUTY ON OR AFTER AUGUST 27, 1940, IS ENTITLED TO THE SAID TRAVEL ALLOWANCE. UNDER THE ACT OF DECEMBER 14, 1942, AMENDING SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AUTHORIZING A TRAVEL ALLOWANCE TO ENLISTED MEN OF THE NAVAL RESERVE UPON DISCHARGE, RELIEF, OR RELEASE FROM ACTIVE DUTY FROM THE PLACE OF DISCHARGE, ETC., TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, THE PLACE TO WHICH ORDERS TO ACTIVE DUTY ARE ADDRESSED, IF SUCH PLACE IS THE BONA FIDE ADDRESS OF THE RESERVIST AT THE TIME, MAY BE REGARDED AS "THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY.' AN ENLISTED MAN WHO WAS TRANSFERRED TO THE FLEET RESERVE AT OTHER THAN THE EXPIRATION OF HIS ENLISTMENT, EITHER PRIOR OR SUBSEQUENT TO AUGUST 27, 1940, AND RETAINED ON ACTIVE DUTY IS NOT ENTITLED, UPON SUCH TRANSFER, TO THE TRAVEL ALLOWANCE AUTHORIZED BY THE ACT OF DECEMBER 14, 1942, AMENDING SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, FOR MEMBERS OF THE NAVAL RESERVE--- WHICH INCLUDES MEMBERS OF THE FLEET RESERVE--- "UPON DISCHARGE OR RELIEF, OR RELEASE FROM ACTIVE DUTY.' AN ENLISTED MAN OF THE REGULAR NAVY WHO WAS TRANSFERRED TO THE FLEET RESERVE AT OTHER THAN THE EXPIRATION OF HIS ENLISTMENT AND RETAINED ON ACTIVE DUTY, UPON SUBSEQUENT RELEASE FROM ACTIVE DUTY, MAY BE PAID A TRAVEL ALLOWANCE OF 5 CENTS PER MILE AUTHORIZED BY THE ACT OF DECEMBER 14, 1942, FROM PLACE OF RELEASE TO "THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY"--- PLACE AT WHICH ACCEPTED FOR LAST ENLISTMENT--- RATHER THAN TO THE PLACE AT WHICH TRANSFER TO THE FLEET RESERVE WAS EFFECTED. AN ENLISTED MAN OF THE REGULAR NAVY WHO WAS TRANSFERRED TO THE FLEET RESERVE AT THE EXPIRATION OF HIS ENLISTMENT AND RETAINED ON ACTIVE DUTY, UPON SUCH TRANSFER, IS ENTITLED TO THE TRAVEL ALLOWANCE AUTHORIZED BY SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, FROM THE PLACE OF SUCH TRANSFER TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT, AND, UPON SUBSEQUENT RELEASE FROM ACTIVE DUTY AFTER TRANSFER, IS ENTITLED UNDER THE ACT OF DECEMBER 14, 1942, FURTHER AMENDING SAID SECTION 126, TO TRAVEL ALLOWANCE FROM THE PLACE OF RELEASE TO THE PLACE AT WHICH THE TRANSFER TO THE FLEET RESERVE WAS EFFECTED. UNDER THE ACT OF DECEMBER 14, 1942, AMENDING SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AUTHORIZING A TRAVEL ALLOWANCE TO ENLISTED MEN OF THE NAVAL RESERVE UPON DISCHARGE, RELIEF, OR RELEASE FROM ACTIVE DUTY FROM THE PLACE OF DISCHARGE, ETC., TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, PAYMENT OF THE SAID ALLOWANCE IS AUTHORIZED TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT ONLY IF SUCH PLACE IS THE "PLACE FROM WHICH ORDERED TO ACTIVE DUTY.' IN VIEW OF THE PROVISIONS OF ALANAV 64, DATED JUNE 18, 1941, THAT THEREAFTER MARINE CORPS RESERVISTS ENLISTING, REENLISTING OR EXTENDING THEIR ENLISTMENTS BE REQUIRED TO AGREE TO CONTINUE IN SERVICE FOR THE DURATION OF THE WAR, MARINE CORPS RESERVISTS WHO ENLISTED, REENLISTED OR EXTENDED THEIR ENLISTMENTS PRIOR TO JUNE 18, 1941, AND WHO HAD NOT AGREED TO SERVE FOR SUCH PERIOD, UPON DISCHARGE AND REENLISTMENT, ARE ENTITLED UNDER THE ACT OF DECEMBER 14, 1942, TO THE TRAVEL ALLOWANCE AUTHORIZED THEREIN FROM THE PLACE OF DISCHARGE AND REENLISTMENT TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, BUT OTHER MARINE CORPS RESERVISTS WHO ARE NOT PERMITTED TO BE DISCHARGED AND REENLISTED ARE NOT ENTITLED TO THE SAID ALLOWANCE.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, AUGUST 18, 1943:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 9, 1943, REQUESTING DECISION ON QUESTIONS PRESENTED IN LETTER DATED MARCH 31, 1943, FROM THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, INVOLVING THE PAYMENT OF TRAVEL ALLOWANCES TO ENLISTED MEMBERS OF THE U.S. NAVAL RESERVE, INCLUDING TRANSFERRED MEMBERS OF THE FLEET RESERVE, UNDER THE ACT OF DECEMBER 14, 1942, 56 STAT. 1049.

IT IS UNDERSTOOD THE QUESTIONS RELATE TO THE RIGHT TO TRAVEL ALLOWANCES OF MEMBERS OF THE NAVAL RESERVE OTHER THAN INDUCTEES WHO WERE INITIALLY INDUCTED INTO THE NAVAL SERVICE UNDER THE CLASSIFICATION USN-I AND LATER RECLASSIFIED UNDER USN-SV AND USNR-SV. AS SUGGESTED IN THE LETTER OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, THE ACT OF DECEMBER 14, 1942, 56 STAT. 1049, AMENDING SECTION 126 OF THE NATIONAL DEFENSE ACT, EXTENDS TO ENLISTED MEN OF RESERVE FORCES NEW BENEFITS TO TRAVEL ALLOWANCE ON DISCHARGE, RELIEF OR RELEASE FROM ACTIVE DUTY AND APPARENTLY MAKES INAPPLICABLE CERTAIN ARTICLES IN THE UNITED STATES NAVY TRAVEL INSTRUCTIONS BASED ON DECISIONS OF THIS OFFICE RENDERED PRIOR TO THE ACT OF DECEMBER 14, 1942.

THE QUESTIONS STATED IN THE LETTER OF MARCH 31, WITH THE ANSWERS THERETO, ARE AS FOLLOWS:

(A) WHETHER A TRANSFERRED MEMBER OF THE FLEET RESERVE RECALLED TO ACTIVE DUTY PRIOR TO AUGUST 27, 1940, IS ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF RELEASE TO PLACE TO WHICH ORDERS TO ACTIVE DUTY WERE ADDRESSED.

(B) WHETHER A TRANSFERRED MEMBER OF THE FLEET RESERVE RECALLED TO ACTIVE DUTY ON OR AFTER AUGUST 27, 1940, IS ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF RELEASE TO PLACE TO WHICH ORDERS TO ACTIVE DUTY WERE ADDRESSED.

SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, PROVIDES:

HEREAFTER AN ENLISTED MAN DISCHARGED FROM THE ARMY, NAVY, OR MARINE CORPS, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, SHALL RECEIVE 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF HIS DISCHARGE TO THE PLACE OF HIS ACCEPTANCE FOR ENLISTMENT, ENROLLMENT, OR MUSTER INTO THE SERVICE: PROVIDED, THAT FOR SEA TRAVEL INVOLVED IN TRAVEL BETWEEN PLACE OF DISCHARGE AND PLACE OF ACCEPTANCE FOR ENROLLMENT, ENLISTMENT, OR MUSTER INTO THE SERVICE ONLY TRANSPORTATION IN KIND AND SUBSISTENCE EN ROUTE SHALL BE ALLOWED: PROVIDED FURTHER, THAT ENLISTED MEN UNDER THE AGE OF EIGHTEEN DISCHARGED ON THE APPLICATION OF EITHER THEIR PARENTS OR LEGAL GUARDIAN SHALL BE FURNISHED WITH TRANSPORTATION IN KIND FROM THE PLACE OF DISCHARGE TO THE RAILROAD STATION AT OR NEAREST TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT, OR TO THEIR HOME IF THE DISTANCE THERETO IS NO GREATER THAN FROM THE PLACE OF DISCHARGE TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT, BUT IF THE DIFFERENCE BE GREATER THEY MAY BE FURNISHED TRANSPORTATION IN KIND FOR A DISTANCE EQUAL TO THAT FROM THE PLACE OF DISCHARGE TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT.

THE ACT OF DECEMBER 14, 1942, 56 STAT. 1049, IS AS FOLLOWS:

THAT SECTION 126 OF THE ACT OF JUNE 3, 1916 (39 STAT. 217, 10 U.S.C. 752), AS AMENDED, IS HEREBY FURTHER AMENDED BY ADDING A FURTHER PROVISO AT THE END OF SAID SECTION TO READ AS FOLLOWS: "PROVIDED FURTHER, THAT FROM AND AFTER AUGUST 27, 1940, UPON DISCHARGE OR RELIEF OR RELEASE FROM ACTIVE DUTY, AN ENLISTED MAN INDUCTED INTO THE MILITARY ORNAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, SHALL, UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY, RESPECTIVELY, SHALL PRESCRIBE, RECEIVE THE SAID 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF DISCHARGE OR RELIEF OR RELEASE FROM ACTIVE DUTY TO THE LOCATION OF THE LOCAL BOARD WHERE HE FIRST REPORTED FOR DELIVERY TO AN INDUCTION STATION IN THE CASE OF A SELECTEE, OR TO THE HOME STATION OF THE NATIONAL GUARD UNIT IN THE CASE OF A NATIONAL GUARD ENLISTED MAN, OR TO THE PLACE WHERE HE WAS SELECTED FOR ENROLLMENT IN THE CIVILIAN CONSERVATION CORPS IN THE CASE OF A CIVILIAN CONSERVATION CORPS ENROLLEE SO INDUCTED; AND PROVIDED FURTHER, THAT THE ENLISTED MEN OF THE NAVAL RESERVE, THE MARINE CORPS RESERVE, THE ENLISTED RESERVE CORPS, AND THE REGULAR ARMY RESERVE SHALL RECEIVE, UPON DISCHARGE OR RELIEF OR RELEASE FROM ACTIVE DUTY, THE SAME MILEAGE ALLOWANCE AS HEREIN PRESCRIBED, AND UNDER THE SAME CONDITIONS AS HEREIN PRESCRIBED FOR ENLISTED MEN INDUCTED INTO THE MILITARY OR NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, EXCEPT THAT THE DISTANCE FOR WHICH MILEAGE IS COMPUTED SHALL BE FROM THE PLACE OF DISCHARGE OR RELIEF OR RELEASE FROM ACTIVE DUTY TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY.'

UNDER PROVISIONS OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1175, CHAPTER 690, THERE WAS---

* * * CREATED AND ESTABLISHED, AS A COMPONENT PART OF THE UNITED STATES NAVY, A NAVAL RESERVE WHICH SHALL CONSIST OF THE FLEET RESERVE, THE ORGANIZED RESERVE, THE MERCHANT MARINE RESERVE, AND THE VOLUNTEER RESERVE:

IT WAS FURTHER PROVIDED IN SAID ACT, SECTION 4, 52 STAT. 1176, THAT- -

THE NAVAL RESERVE SHALL BE COMPOSED OF MALE CITIZENS * * * WHO, BY APPOINTMENT OR ENLISTMENT THEREIN UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY OR BY TRANSFER THERETO AS IN THIS ACT PROVIDED, OBLIGATE THEMSELVES TO SERVE IN THE NAVY IN TIME OF WAR OR WHEN IN THE OPINION OF THE PRESIDENT A NATIONAL EMERGENCY EXISTS * * *.

SINCE A TRANSFERRED MEMBER OF THE FLEET RESERVE IS A MEMBER OF THE NAVAL RESERVE, SUCH TRANSFERRED MEMBER ON RELEASE FROM ACTIVE DUTY FROM AND AFTER AUGUST 27, 1940, IS ENTITLED TO TRAVEL ALLOWANCES AS PROVIDED FOR ENLISTED MEN OF THE NAVAL RESERVE. UNDER THE LAST PROVISO OF THE ACT OF DECEMBER 14, 1942, SUPRA, ENLISTED MEN OF THE NAVAL RESERVE UPON DISCHARGE OR RELIEF OR RELEASE FROM ACTIVE DUTY SHALL RECEIVE---

* * * THE SAME MILEAGE ALLOWANCE AS HEREIN PRESCRIBED, AND UNDER THE SAME CONDITIONS AS HEREIN PRESCRIBED FOR ENLISTED MEN INDUCTED INTO THE MILITARY OR NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, EXCEPT THAT THE DISTANCE FOR WHICH MILEAGE IS COMPUTED SHALL BE FROM THE PLACE OF DISCHARGE OR RELIEF OR RELEASE FROM ACTIVE DUTY TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY.

SO FAR AS THE STATUTE APPLIES TO ENLISTED MEN OF THE NAVAL RESERVE IT WOULD APPEAR THAT THE PHRASE "FROM AND AFTER AUGUST 27, 1940," HAS REFERENCE TO DISCHARGE, RELIEF, OR RELEASE RATHER THAN ENLISTMENT OR CALL TO ACTIVE DUTY. THERE APPEARS NOTHING IN THE LANGUAGE OF THE STATUTE, ITS LEGISLATIVE HISTORY, OR ITS APPARENT PURPOSE WHICH INDICATES AN INTENTION THAT THE BENEFITS THEREOF SHOULD BE RESTRICTED TO THOSE MEMBERS OF THE NAVAL RESERVE WHO ARE CALLED TO ACTIVE DUTY ON AND AFTER AUGUST 27, 1940. THEREFORE, A MEMBER OF THE FLEET RESERVE RECALLED TO ACTIVE DUTY BEFORE, ON, OR AFTER AUGUST 27, 1940, AND DISCHARGED, RELIEVED, OR RELEASED FROM ACTIVE DUTY "FROM AND AFTER AUGUST 27, 1940," IS ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM THE PLACE OF DISCHARGE, RELIEF, OR RELEASE FROM ACTIVE DUTY "TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY," IN THE ABSENCE OF OTHER OBJECTION. IF THE PLACE TO WHICH ORDERS TO ACTIVE DUTY ARE ADDRESSED IS THE BONA FIDE ADDRESS OF THE FLEET RESERVIST AT THE TIME, SUCH PLACE WILL BE REGARDED AS "THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY" WITHIN THE MEANING OF THE STATUTE. QUESTIONS (A) AND (B) ARE ANSWERED ACCORDINGLY.

(C) WHETHER AN ENLISTED MAN TRANSFERRED TO THE FLEET RESERVE AT OTHER THAN EXPIRATION OF ENLISTMENT, EITHER PRIOR OR SUBSEQUENT TO AUGUST 27, 1940, AND RETAINED ON ACTIVE DUTY, IS ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF RELEASE TO PLACE AT WHICH TRANSFER WAS EFFECTED.

A TRAVEL ALLOWANCE TO A PERSON WHO TRANSFERS TO THE FLEET RESERVE IS NOT EXPRESSLY AUTHORIZED BY LAW BUT HAS BEEN ALLOWED IN THE PAST IN THE CASE OF A TRANSFER AT THE TERMINATION OF AN ENLISTMENT ON THE BASIS THAT SINCE THE PERSON SO TRANSFERRED WAS ENTITLED AT THE TERMINATION TO BE DISCHARGED AND RECEIVE THE ALLOWANCE, THE MERE FACT OF TRANSFER TO THE FLEET RESERVE DID NOT DEFEAT SUCH RIGHT. AND ALLOWANCE HAS BEEN AUTHORIZED UPON TRANSFER TO THE FLEET RESERVE TO AN INACTIVE DUTY STATUS BEFORE THE EXPIRATION OF AN ENLISTMENT ON THE BASIS THAT THE TRANSFER TERMINATED THE ENLISTMENT. BUT IT HAS BEEN HELD THAT A PERSON TRANSFERRED TO THE FLEET RESERVE IN AN ACTIVE DUTY STATUS PRIOR TO EXPIRATION OF ENLISTMENT IS NOT ENTITLED TO TRAVEL ALLOWANCE. A-8659, APRIL 6, 1925. NOTHING APPEARS IN THE ACT OF DECEMBER 14, 1942, AFFECTING SUCH RULE. THEREFORE, AN ENLISTED MAN TRANSFERRED TO THE FLEET RESERVE AT OTHER THAN THE EXPIRATION OF ENLISTMENT, EITHER PRIOR OR SUBSEQUENT TO AUGUST 27, 1940, AND RETAINED ON ACTIVE DUTY, WOULD NOT BE ENTITLED TO A TRAVEL ALLOWANCE UPON TRANSFER TO THE FLEET RESERVE. IF SUBSEQUENTLY SUCH ENLISTED MAN BE RELEASED FROM ACTIVE SERVICE HE WOULD APPEAR TO BE ENTITLED, UNDER THE ACT OF DECEMBER 14, 1942, TO A TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF RELEASE TO "THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY" RATHER THAN TO THE PLACE AT WHICH TRANSFER WAS EFFECTED, THE "PLACE FROM WHICH ORDERED TO ACTIVE DUTY," WITHIN THE MEANING OF THE STATUTE, BEING THE PLACE AT WHICH THE MAN WAS ACCEPTED FOR THE LAST ENLISTMENT.

(D) WHETHER A MAN, WHO, AFTER COMPLETION OF 16 OR 20 YEARS' SERVICE, REENLISTS OR EXTENDS HIS ENLISTMENT IN THE REGULAR NAVY ON OR AFTER DECEMBER 14, 1942, AND WHO IS SUBSEQUENTLY TRANSFERRED TO THE FLEET RESERVE AND RELEASED FROM ACTIVE DUTY WITHIN THREE MONTHS OF REENLISTMENT OR EXTENSION, IS ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF RELEASE FROM ACTIVE DUTY TO PLACE OF ACCEPTANCE FOR ENLISTMENT.

THE ACT OF DECEMBER 14, 1942, CLEARLY AUTHORIZES PAYMENT OF MILEAGE AT THE RATE OF 5 CENTS PER MILE FOR THE DISTANCE INVOLVED, COMPUTED FROM PLACE OF RELIEF OR RELEASE TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, IN THE CASE OF ENLISTED MEN OF THE NAVAL RESERVE, WHICH INCLUDES MEMBERS OF THE FLEET RESERVE. THEREFORE, IF THE RELEASE FROM ACTIVE DUTY UNDER THE CIRCUMSTANCES INVOLVED IN QUESTION (D) BE SUCH AS OTHERWISE WOULD ENTITLE THE TRANSFERRED MEMBER TO A TRAVEL ALLOWANCE UPON RELEASE, THE QUESTION IS ANSWERED IN THE AFFIRMATIVE, THE PLACE OF ACCEPTANCE FOR REENLISTMENT OR EXTENSION OF ENLISTMENT BEING REGARDED AS THE "PLACE FROM WHICH ORDERED TO ACTIVE DUTY" WITHIN THE MEANING OF THE ACT OF DECEMBER 14, 1942.

(E) WHETHER AN ENLISTED MAN TRANSFERRED TO THE FLEET RESERVE ON EXPIRATION OF ENLISTMENT ON OR AFTER DECEMBER 14, 1942, AND RETAINED ON ACTIVE DUTY, IS ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF TRANSFER TO PLACE OF ACCEPTANCE FOR ENLISTMENT. THIS CONNECTION, ATTENTION IS INVITED TO THE RULING IN 2 COMP. GEN. 612, WHEREIN IT WAS HELD THAT ENLISTED MEN OF THE NAVY WHO, COINCIDENT WITH EXPIRATION OF ENLISTMENT, ARE TRANSFERRED TO THE FLEET NAVAL RESERVE, ARE DISCHARGED FROM THE NAVY AS OF THAT DATE FOR THE PURPOSE OF TRAVEL ALLOWANCE, NOTWITHSTANDING THE USUAL CERTIFICATE EVIDENCING THE DISCHARGE MAY NOT BE ISSUED AND WITHOUT REGARD TO WHETHER AS RESERVES THEIR STATUS FOLLOWING THE TRANSFER BE THAT OF ACTIVE OR INACTIVE DUTY. IF IT IS HELD THAT SUCH MAN IS ENTITLED TO TRAVEL ALLOWANCE BY REASON OF TRANSFER TO THE FLEET RESERVE ON DATE OF EXPIRATION OF ENLISTMENT, IS SUCH MAN, UPON SUBSEQUENT RELEASE FROM ACTIVE DUTY, ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF RELEASE TO PLACE OF TRANSFER?

AS HEREINBEFORE SHOWN AND AS STATED IN DECISIONS A-8659, APRIL 6, 1925, AND 2 COMP. GEN. 612, AN ENLISTED MAN TRANSFERRED TO THE FLEET RESERVE AT THE EXPIRATION OF HIS ENLISTMENT AND RETAINED ON ACTIVE DUTY HAS BEEN HELD TO BE ENTITLED TO TRAVEL ALLOWANCE UPON TRANSFER ON THE BASIS THAT HE WAS ENTITLED AT THE EXPIRATION OF HIS ENLISTMENT TO SUCH AN ALLOWANCE AND THE FACT THAT HE MAY HAVE TRANSFERRED TO THE FLEET RESERVE DID NOT OPERATE TO DEFEAT THAT RIGHT. THAT RULE IS STILL IN EFFECT SO FAR AS IT APPLIES TO ENLISTED MEN OF THE REGULAR NAVY WHO MAY TRANSFER TO THE FLEET RESERVE IN AN ACTIVE DUTY STATUS ON EXPIRATION OF ENLISTMENT AND, AS TO THEM, THE TWO QUESTIONS UNDER (E) ABOVE ARE ANSWERED IN THE AFFIRMATIVE. COMPARE 22 COMP. GEN. 548.

(F) WHETHER A MAN WHO, UPON ENLISTMENT IN THE NAVAL RESERVE PRIOR TO AUGUST 27, 1940, WAS IMMEDIATELY PLACED ON ACTIVE DUTY IS ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF RELEASE FROM ACTIVE DUTY TO PLACE OF ACCEPTANCE FOR ENLISTMENT.

ASSUMING THAT THE SITUATION MENTIONED IN QUESTION (F) HAS REFERENCE TO RELEASE FROM ACTIVE DUTY ,FROM AND AFTER AUGUST 27, 1940," THE ACT OF DECEMBER 14, 1942, CLEARLY WOULD BE APPLICABLE AND THE MAN WOULD BE ENTITLED TO TRAVEL ALLOWANCES AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF RELEASE ,TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY" AS PROVIDED IN SAID ACT. PAYMENT OF MILEAGE FOR THE DISTANCE FROM PLACE OF RELEASE TO PLACE OF ACCEPTANCE FOR ENLISTMENT WOULD BE PROPER UNDER THE SAID ACT ONLY IF THE PLACE OF ACCEPTANCE FOR ENLISTMENT BE THE "PLACE FROM WHICH ORDERED TO ACTIVE DUTY.' QUESTION (F) IS ANSWERED ACCORDINGLY. (G) WHETHER AN ENLISTED MAN OF THE NAVAL RESERVE, IN A CLASS OTHER THAN F-4C OR D, CALLED TO ACTIVE DUTY PRIOR TO AUGUST 27, 1940, IS ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM PLACE OF RELEASE FROM ACTIVE DUTY TO PLACE TO WICH ORDERS TO ACTIVE DUTY WERE ADDRESSED.

AN ENLISTED MAN RELEASED FROM ACTIVE DUTY FROM AND AFTER AUGUST 27, 1940, UNDER THE CIRCUMSTANCES RELATED IN QUESTION (G), IS AN ENLISTED MAN OF THE NAVAL RESERVE RELEASED FROM ACTIVE DUTY WITHIN THE PROVISIONS OF THE ACT OF DECEMBER 14, 1942, AND IS ENTITLED TO A TRAVEL ALLOWANCE AS PROVIDED THEREIN IN THE ABSENCE OF OTHER OBJECTION. ACCORDINGLY, QUESTION (G) IS ANSWERED IN THE AFFIRMATIVE IF THE PLACE TO WHICH ORDERS TO ACTIVE DUTY WERE ADDRESSED TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. SEE THE ANSWER TO QUESTIONS (A) AND (B), SUPRA.

(H) WHETHER AN ENLISTED MAN OF THE MARINE CORPS RESERVE WHO IS DISCHARGED UPON EXPIRATION OF ENLISTMENT WHILE ON ACTIVE DUTY AND IMMEDIATELY REENLISTS IN THE MARINE CORPS RESERVE AND IS REASSIGNED TO ACTIVE DUTY IS, AT THE TIME OF SUCH DISCHARGE AND REENLISTMENT, ENTITLED TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM THE PLACE OF DISCHARGE TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. (SEE ALNAVS 155-1941 AND 2- 1942.)

AS TO ENLISTED RESERVISTS DETAINED IN THE SERVICE PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 5 OF THE NAVAL RESERVE ACT OF 1938 AND ALNAV 59, DATED JUNE 10, 1941, SEE, GENERALLY, DECISION OF JULY 9, 1941, B -10731 (21 COMP. GEN. 11). ALNAV 64, DATED JUNE 18, 1941, EXCEPTED MARINE CORPS RESERVISTS FROM THE PROVISIONS OF ALNAV 59 BUT PROVIDED THAT THEREAFTER MEN ENLISTING, REENLISTING, OR EXTENDING ENLISTMENTS SHOULD BE REQUIRED, AT SUCH TIME, TO EXECUTE A CERTIFICATE AGREEING TO CONTINUE IN SERVICE, IF REQUIRED, FOR THE DURATION OF THE WAR OR THE NATIONAL EMERGENCY.

ALNAV 155, DATED DECEMBER 15, 1941, PROVIDES AS FOLLOWS:

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 X MEN SO DETAINED NOT ENTITLED TO ENLISTMENT ALLOWANCE X NO CHANGE PRESENT LAW GOVERNING PAYMENT ENLISTMENT ALLOWANCE MEN WHO VOLUNTARILY REENLIST OR EXTEND ENLISTMENT IN REGULAR NAVY MARINE CORPS AND COAST GUARD X PROVISIONS SECTION 1422 REVISED STATUTES SUSPENDED EFFECTIVE DECEMBER 13, 1941.

THIS WAS MODIFIED BY ALNAV 2, JANUARY 2, 1942, AS FOLLOWS:

ALNAV 155 HEREBY MODIFIED IN THAT IT DOES NOT APPLY TO MARINE CORPS RESERVISTS WHOSE CONTRACT OF ENLISTMENT DOES NOT CONTAIN CERTIFICATE RECITED IN ALNAV 64 X SUCH MARINE CORPS RESERVISTS WILL BE PERMITTED TO BE DISCHARGED AND REENLIST IN MANNER SET FORTH IN LETTER OF INSTRUCTION 57 AND WILL BE ENTITLED TO TRAVEL ALLOWANCE X ALNAV 155 APPLIES ALL MARINE CORPS RESERVISTS WHO HAVE ENLISTED OR EXTENDED ENLISTMENT SINCE JUNE 18, 1941 RESERVISTS WHOSE ENLISTMENTS HAVE EXPIRED SINCE 15 DECEMBER AND WHO DESIRE DISCHARGE AND REENLISTMENT WILL BE CONSIDERED AS HAVING BEEN HELD FOR CONVENIENCE OF THE GOVERNMENT AND THEIR SERVICE RECORD BOOKS FORWARDED HEADQUARTERS FOR PREPARATION DISCHARGE CERTIFICATES.

THUS, IT APPEARS THA ALNAV 155 DOES NOT APPLY TO MEMBERS OF THE MARINE CORPS RESERVE WHO ENLISTED, REENLISTED, OR EXTENDED THEIR ENLISTMENTS PRIOR TO JUNE 18, 1941, AND WHO HAD NOT AGREED IN THEIR ENLISTMENT CONTRACTS TO SERVE FOR THE DURATION OF THE WAR OR NATIONAL EMERGENCY IF REQUIRED. AS SUCH MEMBERS ARE PERMITTED TO BE DISCHARGED AND REENLISTED, THE DECISION PUBLISHED AT 20 COMP. GEN. 1 WOULD APPEAR TO BE APPLICABLE AND, IN VIEW OF THE PROVISIONS OF THE ACT OF DECEMBER 14, 1942, THEY WOULD BE ENTITLED, UPON DISCHARGE AND REENLISTMENT UNDER THE CIRCUMSTANCES RELATED IN QUESTION (H), TO TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM THE PLACE OF DISCHARGE AND REENLISTMENT TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. AS TO OTHER ENLISTED MEN OF THE MARINE CORPS RESERVE IT DOES NOT APPEAR THAT THEY ARE PERMITTED TO BE DISCHARGED AND REENLISTED, IN VIEW OF THE PROVISIONS OF THE ALNAV'S QUOTED ABOVE, AND, THEREFORE, THE DECISION PUBLISHED AT 21 COMP. GEN. 11 WOULD APPEAR TO BE APPLICABLE.