B-45151, JANUARY 3, 1945, 24 COMP. GEN. 489

B-45151, JANUARY 3, 1945, 24 COMP. GEN. 489

TRAVEL ALLOWANCE - DISABILITY DISCHARGES - EFFECT OF FURNISHING OF TRANSPORTATION TO PLACE OF TREATMENT NEAR HOME AN ARMY ENLISTED MAN WHO, INCIDENT TO HIS DISCHARGE ON CERTIFICATE OF DISABILITY, WAS FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE FROM AN ARMY HOSPITAL AT WHICH HIS DISABILITY FOR FURTHER MILITARY SERVICE WAS DETERMINED TO A VETERANS' ADMINISTRATION FACILITY NEAR HIS HOME WHERE HIS DISCHARGE BECAME EFFECTIVE AND WHERE HE WAS TO BE RETAINED FOR FURTHER OBSERVATION AND TREATMENT IS NOT ENTITLED UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, TO TRAVEL ALLOWANCE TO THE PLACE OF HIS ACCEPTANCE FOR ENLISTMENT.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. F. F. FLAGEL, U.S. ARMY, JANUARY 3, 1945:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 17, 1944, FORWARDED TO THIS OFFICE BY INDORSEMENT DATED OCTOBER 12, 1944, IN WHICH YOU REQUEST DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF WILLIAM NOVAK, FORMER MASTER SERGEANT, AUS, FOR TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FROM BALTIMORE, MD., TO OKLAHOMA CITY, OKLA., INCIDENT TO HIS DISCHARGE ON FEBRUARY 24, 1944, FROM THE ARMY OF THE UNITED STATES.

FROM INFORMATION CONTAINED ON MR. NOVAK'S FINAL STATEMENT, VOUCHER NO. 169,217 OF YOUR APRIL 1944, ACCOUNTS, IT APPEARS THAT THE ENLISTED MAN WAS ACCEPTED FOR ENLISTMENT OF OKLAHOMA CITY, OKLAHOMA; THAT HE ENLISTED IN THE ARMY OF THE UNITED STATES ON APRIL 13, 1942; AND THAT HE WAS DISCHARGED ON FEBRUARY 24, 1944. THE SAID VOUCHER BEARS A NOTATION AS FOLLOWS: " HON. DISCHARGE. PER CDD ( SEC. II, AR 615-360) AND PER PAR 19, SO NO. 42, HQ. HIGH, MEMPHIS, TENN. DATED FEBRUARY 18, 1944.' ALSO, APPEARING ON THE VOUCHER UNDER THE HEADING " REMARKS," IS THE NOTATION--- " SOLDIER NOT ENTITLED TO TRAVEL PAY, TRANSPORTATION FURNISHED.'

APPARENTLY YOUR DOUBT IN THE MATTER RESULTS FROM A CONSIDERATION OF THE PROVISIONS OF PARAGRAPH 3 1, ARMY REGULATIONS 35-2560, WHICH ARE AS FOLLOWS:

DISCHARGED ON ACCOUNT OF PERMANENT DISABILITY.--- WHERE AN ENLISTED MAN IS DISCHARGED ON ACCOUNT OF PERMANENT DISABILITY AND IS SENT IN THE CARE OF ATTENDANTS AT THE EXPENSE OF THE UNITED STATES TO A HOSPITAL OR TO THE CUSTODY OF HIS FAMILY, NEAR HIS HOME, HE IS NOT ENTITLED TO TRAVEL ALLOWANCE BACK TO THE PLACE FROM WHICH THE GOVERNMENT TRANSPORTED HIM, THE PURPOSE OF THE TRAVEL PAY LAW HAVING BEEN ACCOMPLISHED BY THE TRANSFER OF THE MAN UNDER PAY AND IN THE CARE OF ATTENDANTS TO A HOSPITAL, OR TO THE CUSTODY OF HIS FAMILY, IN THE VICINITY OF HIS HOME. SEE MS COMP. GEN. A 11119, SEPTEMBER 29, 1925; A 11779, NOVEMBER 16, 1925.

SECTION 126 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 217, AS AMENDED BY SECTION 3 OF THE ACT OF FEBRUARY 28, 1919, 40 STAT. 1203, AND 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 * *

IN DECISION OF SEPTEMBER 29, 1925, A-11119, UPON WHICH THE QUOTED REGULATIONS WERE BASED, THERE WAS CONSIDERED THE CASE OF AN ENLISTED MAN OF THE ARMY, ACCEPTED FOR ENLISTMENT IN HAWAII, WHO, UPON A FINDING OF PERMANENT DISABILITY FOR MILITARY SERVICE AT THE LETTERMAN GENERAL HOSPITAL, SAN FRANCISCO, CALIF., WAS SENT IN THE CARE OF AN ATTENDANT TO THE VETERANS' BUREAU HOSPITAL IN THE VICINITY OF HIS HOME AT SAN JUAN, P.R., HIS DISCHARGE ON CERTIFICATE OF DISABILITY BEING ISSUED AT THE LETTERMAN GENERAL HOSPITAL AFTER HIS ARRIVAL AT SAN JUAN. THE QUESTION FOR DETERMINATION THEREIN WAS WHETHER THE ENLISTED MAN, DISCHARGED AFTER HAVING BEEN TRANSPORTED AT GOVERNMENT EXPENSE TO A HOSPITAL NEAR HIS HOME, WAS ENTITLED TO THE TRAVEL ALLOWANCES PROVIDED IN SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, SUPRA, FROM SAN JUAN TO THE PLACE WHERE ACCEPTED FOR ENLISTMENT. IN THE DECISION, IT WAS HELD AS FOLLOWS:

IT IS ASSUMED THAT QUESTION AS TO THE SOLDIER'S INCAPACITY WAS RAISED WHILE HE WAS SERVING AT SCHOFIELD BARRACKS, THE PLACE AT WHICH HEWAS ENLISTED; THAT HE WAS SENT TO LETTERMAN GENERAL HOSPITAL FOR OBSERVATION AND TREATMENT; THAT IT WAS DETERMINED AT THAT HOSPITAL HE WAS UNFIT FOR MILITARY SERVICE, AND THAT AS BY REASON OF WAR SERVICE IN A PRIOR ENLISTMENT HE MIGHT BE ENTITLED TO HOSPITALIZATION AT THE EXPENSES OF THE VETERANS' BUREAU, HE WAS, AFTER ARRANGEMENTS WITH THAT BUREAU, SENT IN THE CARE OF AN ATTENDANT, OR ATTENDANTS, FROM SAN FRANCISCO TO HIS HOME IN PORTO RICO FOR HOSPITALIZATION.

WHERE THE ADMINISTRATIVE AUTHORITIES DO NOT DISCHARGE A SOLDIER AT THE PLACE HIS PERMANENT DISABILITY FOR ARMY SERVICE IS ASCERTAINED BUT TRANSPORT THE MAN IN CARE OF ATTENDANTS TO A HOSPITAL NEAR HIS HOME FOR THE MAN'S BENEFIT, THE RIGHTS OF THE MAN WITH RESPECT TO TRAVEL PAY ARE PROPERLY DETERMINED WITH RESPECT TO HIS SITUATION WHERE HIS UNFITNESS FOR MILITARY SERVICE WAS ASCERTAINED AND NOT WITH RESPECT TO THE PLACE OF HIS TECHNICAL DISCHARGE. FROM THE ARMY STANDPOINT THE MAN'S SERVICES WERE TERMINATED AT SAN FRANCISCO AND HIS RETENTION IN THE SERVICE WHILE BEING TRANSPORTED TO PORTO RICO IN THE CARE OF ATTENDANTS, ALL AT THE EXPENSE OF THE UNITED STATES AND FOR HIS BENEFIT, DOES NOT GIVE HIM A RIGHT TO TRAVEL PAY FOR LAND TRAVEL FROM PORTO RICO TO THE PLACE FROM WHICH HE WAS TRANSPORTED AT THE EXPENSES OF THE UNITED STATES SOLELY AND ONLY FOR HIS BENEFIT. SUCH A CASE IS NOT WITHIN THE REASON OR PURPOSE OF THE TRAVEL PAY LAW; THE PURPOSE TO BE ACCOMPLISHED BY THE TRAVEL PAY LAW HAS BEEN ACCOMPLISHED BY THE TRANSFER OF THIS MAN UNDER PAY AND IN THE CARE OF ATTENDANTS TO A HOSPITAL IN THE VICINITY OF HIS HOME.

IN THE INSTANT CASE IT APPEARS THAT A DETERMINATION WAS MADE AT THE KENNEDY GENERAL HOSPITAL, MEMPHIS, TENN., THAT MR. NOVAK'S CONDITION WAS SUCH THAT PHYSICAL REHABILITATION FOR MILITARY SERVICE WAS NOT FEASIBLE AND THAT, IN ACCORDANCE WITH APPLICABLE ARMY REGULATIONS, PARAGRAPH 19 OF SPECIAL ORDERS NO. 42, DATED FEBRUARY 18, 1944, WAS ISSUED AT THAT HOSPITAL DIRECTING THAT HE PROCEED TO THE VETERANS' ADMINISTRATION FACILITY, FORT HOWARD, MARYLAND, FOR FURTHER OBSERVATION, TREATMENT AND DISPOSITION. SUCH ORDERS, AS QUOTED IN A LETTER FROM MR. NOVAK, DATED MAY 10, 1944, PROVIDE AS FOLLOWS:

19. M/SGT WILLIAM NOVAK: 18088023, ORD SEC. HQ AND HQ SQ, PROPER STA, REPL POOL, MOASC, FLORA, MISS, IS HELD FR FURTHER TRTMT AT KENNEDY GH, 22 FEB 44, AND WP FT HOWARD, MD, RPTG UPON ARR TO THE SUPERINTENDENT OF THE VETERANS ADMINISTRATION FACILITY, AT THAT CITY FOR FURTHER OBSN, TRTMT AND DISPOSITION. THE SUPERINTENDENT OF THE VETERANS ADMINISTRATION FACILITY, FT. HOWARD, MD. WILL NOTIFY THE CG, KENNEDY GHM THE DATE OF ADMISSION OF M/SGT NOVAK. (AUTH: PAR 7C, AR 615-360, 26 NOV. 42.)

M/SGT. NOVAK WILL BE DISCHARGED ON CDD UNDER THE PROVISIONS OF SEC. II, AR 615-360, 16 APR 43, EFF ON THE DATE OF ARR AT THE VETERANS ADMINISTRATION FACILITY, FT. HOWARD, MD.

ANY MONEY OR VALUABLES WILL BE SENT BY REGISTERED MAIL TO THE SUPERINTENDENT OF THE VETERANS ADMINISTRATION FACILITY, FT. HOWARD, MD. OTHER EFFECTS WILL ACCOMPANY THE ENL POINTS AS BAGGAGE.

TO WILL FURNISH NECESSARY RAIL T.

IN ACCORDANCE WITH C NO. 5, AR 35-4520, 21 JAN 44, THE FIN DEPT. WILL PAY IN ADVANCE THE PRESCRIBED MONETARY ALWS IN LIEU OF RAT A/R ONE DOLLAR ($1.00) PER MEAL FOR THREE (3) MEALS FOR ONE (1) EM

TDN. 1-5110 P 431-02 A0425024.

INASMUCH AS MR. NOVAK'S PLACE OF RESIDENCE WAS SHOWN TO HAVE BEEN AT BALTIMORE, MD., IT APPEARS EVIDENT THAT HIS TRANSFER FROM THE KENNEDY GENERAL HOSPITAL AT MEMPHIS TO THE VETERANS' ADMINISTRATION FACILITY AT FORT HOWARD, LOCATED IN THE ENVIRONS OF BALTIMORE, WAS INCIDENT TO HIS DISCHARGE. SINCE IT APPEARS THAT TRANSPORTATION AND SUBSISTENCE WERE FURNISHED AT GOVERNMENT EXPENSE TO ACCOMPLISH SUCH TRAVEL SUBSEQUENT TO THE DETERMINATION OF HIS DISABILITY FOR FURTHER MILITARY SERVICE, THE PRINCIPLE INVOLVED IS THE SAME AS THAT CONSIDERED IN THE DECISION OF SEPTEMBER 29, 1925, SUPRA, AND, THEREFORE, UNDER THE CIRCUMSTANCES, IT IS CONCLUDED THAT MR. NOVAK IS NOT ENTITLED TO TRAVEL ALLOWANCE TO THE PLACE OF HIS ACCEPTANCE FOR ENLISTMENT. ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER WHICH WILL BE RETAINED IN THIS OFFICE.

MR. NOVAK'S CERTIFICATE OF HONORABLE DISCHARGE FROM THE ARMY OF THE UNITED STATES, FORWARDED WITH THIS LETTER, IS RETURNED HEREWITH FOR PROPER DISPOSITION.