B-36362, AUGUST 26, 1943, 23 COMP. GEN. 140

B-36362: Aug 26, 1943

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TRAVEL ALLOWANCE - MEMBERS OF WOMEN'S ARMY CORPS AND WOMEN'S ARMY AUXILIARY CORPS A FORMER MEMBER OF THE WOMEN'S ARMY AUXILIARY CORPS WHOSE SERVICE IN THAT ORGANIZATION WAS TERMINATED BY ENLISTMENT IN THE WOMEN'S ARMY CORPS PURSUANT TO THE ACT OF JULY 1. IS NOT A "DISCHARGE OR RELIEF OR RELEASE" FROM ACTIVE DUTY WITHIN THE MEANING OF SECTION 126 OF THE NATIONAL DEFENSE ACT OF 1916. 1943: I HAVE YOUR LETTER OF AUGUST 14. WHOSE STATUS THEREIN WAS TERMINATED FOR THE PURPOSE OF ENLISTING IN THE WOMEN'S ARMY CORPS. BE PAID TRAVEL PAY FOR A DISTANCE EQUAL TO THAT FROM THE PLACE OF HER DISCHARGE FROM THE WOMEN'S ARMY CORPS TO PLACE WHERE SHE WAS ORIGINALLY ENROLLED IN THE WOMEN'S ARMY AUXILIARY CORPS RATHER THAN ONLY FROM THE PLACE OF DISCHARGE TO THE PLACE WHERE SHE WAS INDUCTED INTO THE ARMY OF THE UNITED STATES AS AN ENLISTED MEMBER OF THE WOMEN'S ARMY CORPS?

B-36362, AUGUST 26, 1943, 23 COMP. GEN. 140

TRAVEL ALLOWANCE - MEMBERS OF WOMEN'S ARMY CORPS AND WOMEN'S ARMY AUXILIARY CORPS A FORMER MEMBER OF THE WOMEN'S ARMY AUXILIARY CORPS WHOSE SERVICE IN THAT ORGANIZATION WAS TERMINATED BY ENLISTMENT IN THE WOMEN'S ARMY CORPS PURSUANT TO THE ACT OF JULY 1, 1943, ESTABLISHING THE WOMEN'S ARMY CORPS AND GRANTING ENLISTED MEMBERS THEREOF THE SAME RIGHTS AS ENLISTED MEN OF THE ARMY OF THE UNITED STATES, MAY BE PAID, UPON DISCHARGE FROM THE WOMEN'S ARMY CORPS UNDER CIRCUMSTANCES WHICH WOULD ENTITLE AN ENLISTED MAN OF THE ARMY TO TRAVEL ALLOWANCE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, THE TRAVEL ALLOWANCE AUTHORIZED BY SAID SECTION COMPUTED ON THE DISTANCE FROM THE PLACE OF DISCHARGE TO PLACE OF ACCEPTANCE FOR ENROLLMENT IN THE WOMEN'S ARMY AUXILIARY CORPS, RATHER THAN TO THE PLACE AT WHICH SHE ENLISTED IN THE WOMEN'S ARMY CORPS. UNDER THE ACT OF JULY 1, 1943, ESTABLISHING THE WOMEN'S ARMY CORPS AS A COMPONENT OF THE ARMY OF THE UNITED STATES, AND PROVIDING THAT ENLISTMENT THEREIN SHALL TERMINATE SERVICE IN THE WOMEN'S ARMY AUXILIARY CORPS, THE TERMINATION OF SERVICE IN THE WOMEN'S ARMY AUXILIARY CORPS BROUGHT ABOUT, IN EFFECT, BY A TRANSFER TO THE WOMEN'S ARMY CORPS, IS NOT A "DISCHARGE OR RELIEF OR RELEASE" FROM ACTIVE DUTY WITHIN THE MEANING OF SECTION 126 OF THE NATIONAL DEFENSE ACT OF 1916, AS AMENDED, SO AS TO ENTITLE MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, UPON TRANSFER AND ENLISTMENT IN THE WOMEN'S ARMY CORPS, TO PAYMENT OF THE TRAVEL ALLOWANCE AUTHORIZED BY SAID SECTION FOR ARMY ENLISTED PERSONNEL.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, AUGUST 26, 1943:

I HAVE YOUR LETTER OF AUGUST 14, 1943, REQUESTING DECISION REGARDING A QUESTION STATED AS FOLLOWS:

MAY AN ENLISTED MEMBER OF THE WOMEN'S ARMY CORPS PREVIOUSLY ENROLLED IN THE WOMEN'S ARMY AUXILIARY CORPS, WHOSE STATUS THEREIN WAS TERMINATED FOR THE PURPOSE OF ENLISTING IN THE WOMEN'S ARMY CORPS, BE PAID TRAVEL PAY FOR A DISTANCE EQUAL TO THAT FROM THE PLACE OF HER DISCHARGE FROM THE WOMEN'S ARMY CORPS TO PLACE WHERE SHE WAS ORIGINALLY ENROLLED IN THE WOMEN'S ARMY AUXILIARY CORPS RATHER THAN ONLY FROM THE PLACE OF DISCHARGE TO THE PLACE WHERE SHE WAS INDUCTED INTO THE ARMY OF THE UNITED STATES AS AN ENLISTED MEMBER OF THE WOMEN'S ARMY CORPS?

WITH RESPECT TO THE VIEWS OF THE WAR DEPARTMENT IN THE MATTER, YOUR LETTER STATES:

IT MAY BE STATED IN THIS CONNECTION THAT THE WAR DEPARTMENT IS NOT DISCHARGING MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHO ARE ENLISTING IN THE WOMEN'S ARMY CORPS ROM AN ENROLLED STATUS IN THE WOMEN'S ARMY AUXILIARY CORPS ON THE STRENGTH OF THE LANGUAGE CONTAINED IN SECTION 5 OF THE ACT OF 1 JULY, 1943, SUPRA, WHICH SEEMINGLY CONTEMPLATES DISCHARGES ONLY FOR THOSE MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHO DO NOT ENLIST IN THE WOMEN'S ARMY CORPS, AND TRAVEL PAY IS NOT BEING PAID TO SUCH MEMBERS WHO ENLIST IN THE WOMEN'S ARMY CORPS FROM A PREVIOUSLY EXISTING STATUS AS AN ENROLLED MEMBER OF THE WOMEN'S ARMY AUXILIARY CORPS WITHOUT BREAK IN SERVICE. MENTION OF THIS FACT IS MADE AS AN INDICATION THAT IN VIEW OF THIS DEPARTMENT UNDER SUCH CIRCUMSTANCES TRAVEL PAY IS NOT AUTHORIZED TO BE PAID UNDER BOTH LAWS.

THE WAR DEPARTMENT HAS TAKEN THE VIEW THAT UNDER THE STATUTES ABOVE CITED, WHERE THERE IS NO BREAK IN SERVICE IN THE CASE OF AN ENROLLED OR ENLISTED MEMBER OF THE TWO ORGANIZATION IN QUESTION, NO TRAVEL PAY IS AUTHORIZED WHEN SERVICE IN THE WOMEN'S ARMY AUXILIARY CORPS IS TERMINATED FOR THE PURPOSE OF ENLISTING IN THE WOMEN'S ARMY CORPS, BUT THAT ON DISCHARGE FROM AN ENLISTED STATUS IN THE WOMEN'S ARMY CORPS SUCH MEMBER IS ENTITLED TO TRAVEL PAY FROM THE PLACE OF DISCHARGE AS AN ENLISTED MEMBER OF THE WOMEN'S ARMY CORPS TO PLACE OF ENROLLMENT IN THE WOMEN'S ARMY AUXILIARY CORPS. * * *

SECTION 9 OF THE ACT OF MAY 14, 1942, 56 STAT. 280, THE ACT ESTABLISHING THE WOMEN'S ARMY AUXILIARY CORPS AS A CIVILIAN ORGANIZATION TO SERVE WITH THE ARMY, BUT NOT AS A PART THEREOF, PROVIDES AS FOLLOWS:

THE SECRETARY SHALL PRESCRIBE REGULATIONS FOR TRAVEL AND FOR THE PAYMENT OF TRAVEL ALLOWANCES, INCLUDING TRAVEL ALLOWANCES FROM THE PLACE OF DISCHARGE TO THE PLACE OF ACCEPTANCE FOR ENROLLMENT OR APPOINTMENT, AND SUCH REGULATIONS AND ALLOWANCES SHALL BE SIMILAR TO THOSE FOR TRAVEL OF THE ARMY.

PARAGRAPH 75B, WOMEN'S ARMY AUXILIARY CORPS REGULATIONS, ISSUED PURSUANT TO THE AUTHORITY THUS VESTED IN THE SECRETARY OF WAR, PROVIDES:

B. ENROLLED MEMBERS.--- INSOFAR AS PRACTICABLE AND WHEN NOT INCONSISTENT WITH THE BASIC LAWS GOVERNING THE ENLISTED RESERVE CORPS AND THE WAAC, THE ALLOWANCES OF AN ENROLLED MEMBER OF THE WAAC ON ACTIVE DUTY, INCLUDING TRAVEL ALLOWANCES, WHEN NOT SPECIFICALLY PROVIDED, OR OTHERWISE PROHIBITED, WILL BE THE SAME AS THOSE OF A MEMBER OF THE ENLISTED PRESERVE CORPS ON ACTIVE DUTY.

SECTION 55B OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS ADDED TO THAT ACT BY SECTION 35 OF THE ACT OF JUNE 4, 1920, 41 STAT. 780, PROVIDES THAT MEMBERS OF THE ENLISTED RESERVE CORPS ON ACTIVE DUTY SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS OTHER ENLISTED MEN OF LIKE GRADES AND LENGTH OF SERVICE. TRAVEL ALLOWANCE ON DISCHARGE IS AUTHORIZED FOR MEMBERS OF SAID CORPS, AS WELL AS OTHER ENLISTED PERSONNEL OF THE ARMY, BY SECTION 126 OF THE SAID NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 217, WHICH, AS AMENDED BY SECTION 3 OF THE ACT OF FEBRUARY 28, 1919, 40 STAT. 1203, THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, AND THE ACT OF DECEMBER 14, 1942, 56 STAT. 1049, 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 FROM AND AFTER AUGUST 27, 1940, UPON DISCHARGE OR RELIEF OR RELEASE FROM ACTIVE DUTY, AN ENLISTED MAN INDUCTED INTO THE MILITARY OR NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, OR PUBLIC RESOLUTION NUMBERED 96, APPROVED AUGUST 27, 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.

THEREFORE, UNDER THE APPLICABLE STATUTES AND REGULATIONS, ENROLLED MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, ESTABLISHED BY THE ACT OF MAY 14, 1942, WERE ENTITLED UPON DISCHARGE TO TRAVEL ALLOWANCE AS PROVIDED IN SAID SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED.

BY THE ACT OF JULY 1, 1943, PUBLIC LAW 110, PROVISION WAS MADE, IN EFFECT, TO DISCONTINUE THE WOMEN'S ARMY AUXILIARY CORPS AND THERE WAS ESTABLISHED IN ITS STEAD THE WOMEN'S ARMY CORPS, AS A COMPONENT OF THE ARMY OF THE UNITED STATES. SECTION 2 OF SAID ACT PROVIDES THAT ALL LAWS AND REGULATIONS NOW OR HEREAFTER APPLICABLE TO ENLISTED MEN OR FORMER ENLISTED MEN OF THE ARMY OF THE UNITED STATES AND THEIR DEPENDENTS AND BENEFICIARIES "SHALL, IN LIKE CASES AND EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED, BE APPLICABLE RESPECTIVELY TO ENLISTED PERSONNEL AND FORMER ENLISTED PERSONNEL OF SUCH CORPS AND THEIR DEPENDENTS AND BENEFICIARIES.' SECTION 5 OF THE SAID ACT IS AS FOLLOWS:

EFFECTIVE ON THE LAST DAY OF THE SECOND CALENDAR MONTH FOLLOWING THE DATE OF THE APPROVAL OF THIS ACT, THE ACT OF MAY 14, 1942, AS AMENDED, EXCEPT SECTION 11 THEREOF, IS HEREBY REPEALED. SECTION 11 OF SUCH ACT OF MAY 14, 1942, SHALL NOT BE APPLICABLE TO ENLISTED PERSONNEL OR COMMISSIONED OFFICERS OF THE CORPS ESTABLISHED BY THIS ACT EXCEPT IN CASES IN WHICH ITS APPLICABILITY IS BASED UPON THE STATUS OF SUCH ENLISTED PERSONNEL OR COMMISSIONED OFFICERS AS FORMER MEMBERS OF THE CORPS ESTABLISHED BY SUCH ACT OF MAY 14, 1942. ENLISTMENT OR ACCEPTANCE OF APPOINTMENT UNDER THE PROVISIONS OF THIS ACT SHALL TERMINATE SERVICE UNDER THE ACT OF MAY 14, 1942, AND PERSONNEL WHO WERE ENROLLED OR APPOINTED UNDER THE ACT LAST MENTIONED WHO DO NOT SO ENLIST OR ACCEPT APPOINTMENT HEREUNDER WILL BE DISCHARGED. THE SECRETARY OF WAR IS AUTHORIZED TO PROVIDE TRANSPORTATION AND SLEEPING ACCOMMODATIONS, OR AN ALLOWANCE IN LIEU THEREOF AT THE RATE OF 5 CENTS PER MILE, FOR THE TRAVEL FROM HER LAST DUTY POST TO THE PLACE OF HER ACCEPTANCE FOR APPOINTMENT OR ENROLLMENT TO ANY MEMBER OF THE WOMEN'S ARMY AUXILIARY CORPS ESTABLISHED PURSUANT TO THE PROVISIONS OF SUCH ACT OF MAY 14, 1942, WHO IS NOT APPOINTED OR ENLISTED IN THE ARMY OF THE UNITED STATES PURSUANT TO THE PROVISIONS OF THIS ACT.

THE PROVISIONS OF SAID SECTION 5 INDICATE CLEARLY THAT NO DISCHARGE, AS SUCH, FROM THE WOMEN'S ARMY AUXILIARY CORPS WAS INTENDED FOR MEMBERS THEREOF WHO ENLISTED IN THE WOMEN'S ARMY CORPS, IT BEING PROVIDED THAT ENLISTMENT IN THE NEW ORGANIZATION SHALL TERMINATE SERVICE IN THE OLD; AND THE FACT THAT EXPRESS AUTHORITY IS GIVEN FOR PAYMENT OF TRAVEL ALLOWANCE TO THOSE MEMBERS WHO DO NOT ENLIST IN THE WOMEN'S ARMY CORPS AND RECEIVE THEIR DISCHARGE SHOWS THAT IT WAS NOT INTENDED THAT PERSONNEL OF THE WOMEN'S ARMY AUXILIARY CORPS WHO ENLIST IN THE WOMEN'S ARMY CORPS WOULD BE PAID TRAVEL ALLOWANCES AT THAT TIME. MOREOVER, SUCH A TERMINATION OF SERVICE IN THE WOMEN'S ARMY AUXILIARY CORPS BY WHAT, IN EFFECT, IS A TRANSFER TO THE NEW ORGANIZATION WOULD NOT BE A DISCHARGE OR RELEASE FROM ACTIVE DUTY WITHIN THE MEANING OF SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, SUPRA.

SECTION 2 OF THE SAID ACT OF JULY 1, 1943, PROVIDES THAT ENLISTED PERSONNEL OF THE WOMEN'S ARMY CORPS SHALL CONSIST OF WOMEN ENLISTED IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THE LAST PARAGRAPH OF SECTION 127A OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED. THAT SECTION WAS ADDED TO THE NATIONAL DEFENSE ACT BY SECTION 51 OF THE ACT OF JUNE 4, 1920, 41 STAT. 785, AND, AS AMENDED BY THE ACT OF MAY 14, 1940, 54 STAT. 213, PROVIDES:

IN TIME OF WAR OR OTHER EMERGENCY DECLARED BY CONGRESS, ALL ENLISTMENTS IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES SHALL BE IN THE ARMY OF THE UNITED STATES WITHOUT SPECIFICATION OF ANY PARTICULAR COMPONENT OR UNIT THEREOF AND SHALL BE FOR THE DURATION OF THE WAR OR OTHER EMERGENCY PLUS SIX MONTHS, SUBJECT IN EACH CASE TO EARLIER DISCHARGE AT THE DISCRETION OF THE PRESIDENT OR OTHERWISE ACCORDING TO LAW. * * *

SINCE THE WOMEN'S ARMY AUXILIARY CORPS, AS CONTRASTED WITH THE WOMEN'S ARMY CORPS, IS A CIVILIAN ORGANIZATION, SERVING WITH BUT NOT AS AN INTEGRAL PART OF THE ARMY, IT COULD BE ARGUED THAT ENROLLMENT THEREIN WAS NOT AN "ENLISTMENT, ENROLLMENT, OR MUSTER INTO THE SERVICE" AS CONTEMPLATED BY SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AND, HENCE, THAT THE TRANSFER OF MEMBERS OF THAT ORGANIZATION, BY ENLISTMENT IN THE NEW WOMEN'S ARMY CORPS, WHICH IS IN THE ARMY, WOULD BE THEIR FIRST ENTRY "IN THE SERVICE" WITHIN THE MEANING OF THAT ACT, FIXING THE PLACE TO WHICH THEY WOULD BE ENTITLED TO TRAVEL ALLOWANCE UPON SUBSEQUENT DISCHARGE FROM THE WOMEN'S ARMY CORPS AS THE PLACE WHERE THEY HAPPENED TO BE WHEN THEY TRANSFERRED TO THE LATTER ORGANIZATION, ALTHOUGH THEY HAD RECEIVED NO TRAVEL ALLOWANCE AT THE TIME OF SUCH TRANSFER. IF THAT IS WHAT THE STATUTE CONTEMPLATES, THE EFFECT, IN MANY CASES, WOULD BE TO DEPRIVE ENLISTED PERSONNEL OF THE WOMEN'S ARMY CORPS, WHO PREVIOUSLY HAD SERVED AS MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, OF THE COST OF TRAVEL TO THEIR HOMES UPON DISCHARGE, POSSIBLY MANY HUNDREDS OF MILES, AND, IN SOME INSTANCES, THOUSANDS OF MILES DISTANT, WHILE IN OTHER CASES, SUCH MEMBERS, DISCHARGED AT OR NEAR THEIR HOMES, WHERE THEY ORIGINALLY ENROLLED IN THE WOMEN'S ARMY AUXILIARY CORPS, MIGHT BE PAID A BONUS OF TRAVEL ALLOWANCE ACROSS THE CONTINENT. IT IS REASONABLE TO ASSUME THAT MOST OF THE WOMEN WHO ENROLLED IN THE WOMEN'S ARMY AUXILIARY CORPS WERE ACCEPTED FOR ENROLLMENT AT THEIR HOME OR PLACE OF RESIDENCE AND IT FOLLOWS THAT SUCH AN APPLICATION OF THE STATUTES WOULD DEFEAT THE PRIMARY PURPOSE OF THE TRAVEL ALLOWANCE LAW. AS STATED IN MAJOR SHERBURNE'S CASE, 16 C.1CLS. 491, 498,"PAY MIGHT BE INCREASED OR DIMINISHED, ALLOWANCES MIGHT BE ADDED OR TAKEN AWAY, TRAVELING EXPENSES MIGHT BE COMMUTED IN MONEY OR TRANSPORTATION FURNISHED IN KIND, BUT MORALLY THERE RESTED UPON THE GOVERNMENT THE OBLIGATION OF PAYING A SOLDIER WHILE HE REMAINED IN THE SERVICE, AND OF RETURNING HIM TO HIS HOME WHEN HIS SERVICE ENDED.' ORDINARILY, THE ORIGINAL PLACE OF ACCEPTANCE FOR ENLISTMENT OR ENROLLMENT IN THE ARMY IS AT OR NEAR THE SOLDIER'S HOME OR PLACE OF CIVILIAN RESIDENCE AND THAT WOULD APPEAR TO HAVE BEEN THE BASIS FOR THE PROVISIONS FOR TRAVEL ALLOWANCES CONTAINED IN SECTION 126 OF THE NATIONAL DEFENSE ACT, WHICH HAVE THE EFFECT OF AUTHORIZING PAYMENT BACK TO THE PLACE OF ORIGINAL ENTRY INTO THE SERVICE, IF NOT ALREADY PAID ON SOME PRIOR DISCHARGE.

ALTHOUGH THE WOMEN'S ARMY AUXILIARY CORPS IS A CIVILIAN ORGANIZATION, MEMBERS THEREOF ENROLLED FOR THE PERIOD OF THE WAR PLUS SIX MONTHS, UNLESS THEIR SERVICE SHOULD BE TERMINATED PRIOR THERETO BY PROPER AUTHORITY. THEY SERVE WITH THE ARMY; WEAR A PRESCRIBED UNIFORM; ARE SUBJECT TO CERTAIN DISCIPLINE; MAY BE TRANSFERRED FROM ONE POINT TO ANOTHER AS THE NECESSITIES OF THE SERVICE MAY REQUIRE, AND PROPERLY ARE TO BE REGARDED AS CONSTITUTING AT LEAST A QUASI-MILITARY SERVICE. THAT ORGANIZATION IS TO BE ABOLISHED AND REPLACED BY THE WOMEN'S ARMY CORPS. WHILE MEMBERS OF SUCH SUCCESSOR ORGANIZATION WILL HAVE A SOMEWHAT DIFFERENT STATUS, IN THAT THEY WILL SERVE IN THE ARMY, INSTEAD OF WITH THE ARMY, THEIR DUTIES AND RESPONSIBILITIES ARE NOT MATERIALLY DIFFERENT AND, THEREFORE, THE ENLISTMENT IN THE LATTER ORGANIZATION BY FORMER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHO CHANGED FROM THAT ORGANIZATION TO THE WOMEN'S ARMY CORPS, AS CONTEMPLATED BY SECTION 5 OF THE ACT OF JULY 1, 1943, SUPRA, REASONABLY MAY BE REGARDED AS A CONTINUATION IN SERVICE RATHER THAN AN ORIGINAL ENTRY INTO THE SERVICE. IN OTHER WORDS, THE SITUATION OF SUCH PERSONNEL MAY BE VIEWED AS ANALOGOUS TO THAT OF ENLISTED PERSONNEL OF THE ARMY WHO ARE RELEASED FROM THEIR CONTRACTS OF ENLISTMENT PRIOR TO EXPIRATION FOR THE PURPOSE OF REENLISTING OR OF CONTINUING IN THE SERVICE IN SOME OTHER CAPACITY; AND, IN VIEW OF THE PROVISIONS OF SECTION 2 OF THE ACT OF JULY 1, 1943, GIVING MEMBERS OF THE WOMEN'S ARMY CORPS THE SAME RIGHTS IN LIKE CASES AS ENLISTED MEN OF THE ARMY OF THE UNITED STATES, IT WOULD FOLLOW THAT DISCHARGED MEMBERS OF THE WOMEN'S ARMY CORPS, WHO WERE FORMER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS AND WHOSE STATUS IN THE LATTER ORGANIZATION WAS TERMINATED BY ENLISTMENT IN THE WOMEN'S ARMY CORPS ARE ENTITLED TO THE SAME RIGHTS, INSOFAR AS TRAVEL ALLOWANCE IS CONCERNED, AS ENLISTED MEN OF THE ARMY WHO ARE DISCHARGED PRIOR TO THE TERMINATION OF THEIR ENLISTMENT PERIOD TO REENLIST. IT IS WELL ESTABLISHED THAT A DISCHARGE FOR THE PURPOSE OF REENLISTING IS NOT A "DISCHARGE FROM THE ARMY" WITHIN THE MEANING OF SECTION 126 OF THE ACT OF JUNE 3, 1916, AS AMENDED, AND THAT UPON A SUBSEQUENT DISCHARGE AT THE EXPIRATION OF THE PERIOD FOR WHICH HE SO REENLISTED, AN ENLISTED MAN IS ENTITLED TO TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM THE PLACE OF HIS DISCHARGE TO THE PLACE OF HIS "ACCEPTANCE FOR ENLISTMENT, ENROLLMENT, OR MUSTER INTO THE SERVICE" OF THE PRIOR ENLISTMENT, AS DISTINGUISHED FROM THE PLACE OF HIS REENLISTMENT. 6 COMP. GEN. 842; 26 COMP. DEC. 359; 2 ID. 504. SEE, ALSO SWEET V. UNITED STATES, 189 U.S. 471, AND 27 COMP. DEC. 980.

THE LAW IS NOT CLEAR AND THERE WOULD SEEM TO BE AN IMMEDIATE NEED FOR ADMINISTRATIVE RECOMMENDATIONS TO THE CONGRESS FOR LEGISLATION DESIGNED TO CLARIFY THE MATTER AND THEREBY DEFINITELY FIX THE RIGHTS OF MEMBERS OF THE WOMEN'S ARMY CORPS IN SUCH RESPECT SO THAT THERE WOULD BE NO BASIS FOR FUTURE CLAIMS BY MEMBERS WHO MIGHT FIND IT MORE ADVANTAGEOUS TO OBTAIN TRAVEL ALLOWANCE TO THE PLACE WHERE THEY ENLISTED IN THE WOMEN'S ARMY CORPS THAN TO THE PLACE WHERE THEY PREVIOUSLY HAD ENROLLED IN THE WOMEN'S ARMY AUXILIARY CORPS. HOWEVER, PENDING SUCH CLARIFICATION, IT IS CONCLUDED, AS BETWEEN THE TWO PLACES, THAT A FORMER MEMBER OF THE WOMEN'S ARMY AUXILIARY CORPS WHOSE SERVICE IN THAT ORGANIZATION WAS TERMINATED AS CONTEMPLATED BY SECTION 5 OF THE ACT OF JULY 1, 1943, BY ENLISTMENT IN THE WOMEN'S ARMY CORPS, AND WHO IS LATER DISCHARGED FROM THE WOMEN'S ARMY CORPS UNDER CIRCUMSTANCES WHICH WOULD ENTITLE AN ENLISTED MAN OF THE ARMY TO TRAVEL ALLOWANCE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, IS ENTITLED TO TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM THE PLACE OF DISCHARGE TO THE PLACE OF ACCEPTANCE FOR ENROLLMENT IN THE WOMEN'S ARMY AUXILIARY CORPS, AND NOT TO THE PLACE WHERE SHE SUBSEQUENTLY HAPPENED TO BE WHEN SHE TRANSFERRED, BY ENLISTMENT, TO THE WOMEN'S ARMY CORPS. AS BETWEEN THE TWO PLACES, THAT ANSWER APPEARS TO BE AT LEAST MORE CLEARLY IN CONSONANCE WITH THE BASIC PURPOSES OF THE TRAVEL ALLOWANCE STATUTE, AND IS IN CONSONANCE WITH THE STATED ADMINISTRATIVE VIEWS OF YOUR DEPARTMENT ON THE MATTER.