B-45487, JUNE 22, 1945, 24 COMP. GEN. 915

B-45487: Jun 22, 1945

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WHILE SERVING ON ACTIVE DUTY IN THE UPPER THREE GRADES MAY BE CONSIDERED TANTAMOUNT TO RELEASE FROM ACTIVE DUTY IN CONNECTION WITH WHICH THEY ARE ENTITLED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 TO TRANSPORTATION OF DEPENDENTS FROM LAST DUTY STATION TO HOME. 23 COMP. FAVORABLE CONSIDERATION WAS NOT RECOMMENDED BY THE OFFICE OF THE FISCAL DIRECTOR. BECAUSE OF DOUBT AS TO WHETHER THE TRANSPORTATION OF DEPENDENTS OF ENLISTED MEN OF THE UPPER THREE GRADES UPON DISCHARGE FROM THE SERVICE IS AUTHORIZED. IT IS UNDERSTOOD THAT SUCH CASES ARE REPRESENTATIVE OF MANY SIMILAR CASES WHICH ARE EXPECTED TO ARISE IN CONNECTION WITH THE DISCHARGE OF ENLISTED MEN FOR PHYSICAL DISABILITY AND FOR OTHER REASONS AS THE ARMY IS PARTIALLY DEMOBILIZED.

B-45487, JUNE 22, 1945, 24 COMP. GEN. 915

TRANSPORTATION FROM LAST STATION TO HOME FOR DEPENDENTS OF ENLISTED RESERVE CORPS AND INDUCTED PERSONNEL THE DISCHARGE OF MEMBERS OF THE ENLISTED RESERVE CORPS, FOR REASONS OTHER THAN MISCONDUCT, WHILE SERVING ON ACTIVE DUTY IN THE UPPER THREE GRADES MAY BE CONSIDERED TANTAMOUNT TO RELEASE FROM ACTIVE DUTY IN CONNECTION WITH WHICH THEY ARE ENTITLED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 TO TRANSPORTATION OF DEPENDENTS FROM LAST DUTY STATION TO HOME. 23 COMP. GEN. 73, AMPLIFIED. PERSONS INDUCTED INTO THE ARMY UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, AND SUBSEQUENTLY DISCHARGED, FOR REASONS OTHER THAN MISCONDUCT, WHILE SERVING IN THE UPPER THREE GRADES WITHOUT BEING TRANSFERRED TO A RESERVE COMPONENT PURSUANT TO SECTION 3 (C) OF SAID ACT MAY BE REGARDED AS RELEASED FROM ACTIVE DUTY, THE SAME AS ENLISTED RESERVE CORPS MEMBERS DISCHARGED WITHOUT BEING RELEASED TO INACTIVE STATUS, SO AS TO BE ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM LAST DUTY STATION TO HOME, UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, JUNE 22, 1945:

THIS OFFICE HAS FOR CONSIDERATION AND SETTLEMENT THE CLAIMS OF FORMER STAFF SERGEANT MARVIN R. BATCHELOR AND FORMER STAFF SERGEANT ALEXANDER BOHACHEF FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF THEIR DEPENDENTS TO THEIR HOMES INCIDENT TO THEIR DISCHARGE FROM THE ARMY BECAUSE OF DISABILITY INCURRED IN LINE OF DUTY. IN REPORTING ON SUCH CLAIMS, FAVORABLE CONSIDERATION WAS NOT RECOMMENDED BY THE OFFICE OF THE FISCAL DIRECTOR, ARMY SERVICE FORCES, BECAUSE OF DOUBT AS TO WHETHER THE TRANSPORTATION OF DEPENDENTS OF ENLISTED MEN OF THE UPPER THREE GRADES UPON DISCHARGE FROM THE SERVICE IS AUTHORIZED. IT IS UNDERSTOOD THAT SUCH CASES ARE REPRESENTATIVE OF MANY SIMILAR CASES WHICH ARE EXPECTED TO ARISE IN CONNECTION WITH THE DISCHARGE OF ENLISTED MEN FOR PHYSICAL DISABILITY AND FOR OTHER REASONS AS THE ARMY IS PARTIALLY DEMOBILIZED.

IN THE CASE OF FORMER STAFF SERGEANT BATCHELOR, IT APPEARS THAT HE ENTERED THE SERVICE BY ENLISTING NOVEMBER 9, 1942, AT KNOXVILLE, TENNESSEE, IN THE ENLISTED RESERVE CORPS, ESTABLISHED UNDER THE PROVISIONS OF SECTION 55A OF THE NATIONAL DEFENSE ACT OF JUNE 4, 1920, 41 STAT. 780, AS AMENDED. HE REPORTED FOR ACTIVE DUTY JANUARY 28, 1943, AT FORT OGLETHORPE, GEORGIA, AND WAS ASSIGNED TO COMPANY A, MAINTENANCE BATTALION, 16TH ARMORED DIVISION, CAMP PERRY, OHIO. HE WAS DISCHARGED SEPTEMBER 15, 1943, AT CAMP CHAFFEE, ARKANSAS, BY REASON OF DISABILITY, WHILE SERVING AS A STAFF SERGEANT, DETACHMENT OF PATIENTS, ATTACHED UNASSIGNED, 1850TH SERVICE UNIT. HIS CLAIM IS FOR THE COST OF TRANSPORTATION OF HIS WIFE FROM FORT SMITH, ARKANSAS, TO KNOXVILLE, TENNESSEE, FOR TRAVEL TO THE LATTER PLACE SEPTEMBER 17 AND 18, 1943.

IN THE CASE OF FORMER STAFF SERGEANT BOHACHEF, IT APPEARS THAT HE WAS INDUCTED INTO THE ARMY OF THE UNITED STATES JULY 1, 1942, AT MILWAUKEE, WISCONSIN. HE WAS PROMOTED TO THE GRADE OF STAFF SERGEANT APRIL 20, 1943, AND WAS DISCHARGED BY REASON OF DISABILITY ON NOVEMBER 2, 1943, WHILE SERVING IN THAT GRADE AND ATTACHED TO THE DETACHMENT OF PATIENTS, STATION HOSPITAL, CAMP JOSEPH T. ROBINSON, ARKANSAS. HIS CLAIM IS FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF HIS WIFE FOR TRAVEL PERFORMED FROM LITTLE ROCK, ARKANSAS, TO MILWAUKEE, WISCONSIN, NOVEMBER 2 AND 3, 1943.

PARAGRAPH 5 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, PROVIDES, INTER ALIA, THAT WHEN ANY ENLISTED MAN ABOVE THE FOURTH GRADE, HAVING DEPENDENTS AS DEFINED IN SECTION 4, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, HE SHALL BE FURNISHED TRANSPORTATION TO HIS NEW STATION FOR SUCH DEPENDENTS, OR HE MAY BE PAID THE COMMERCIAL COST OF SUCH TRANSPORTATION WHEN THE TRAVEL IS COMPLETED. PARAGRAPH 6 OF THE SAME SECTION BROADENS THE SCOPE OF PARAGRAPH 5 BY THE FOLLOWING PROVISIONS:

THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN THIS SECTION SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY, OF ANY OFFICER, WARRANT OFFICER, NURSE, OR ENLISTED MAN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RETIRED PERSONNEL AND MEMBERS OF THE RESERVE COMPONENTS THEREOF, IN A GRADE FOR WHICH THE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE, AND THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH RETIREMENT, RELIEF FROM ACTIVE DUTY, OR TRANSFER TO A RESERVE COMPONENT.

ANSWERING A SIMILAR QUESTION WITH RESPECT TO THE DISCHARGE OF NAVAL RESERVISTS, IT WAS HELD IN DECISION OF AUGUST 4, 1943, 23 COMP. GEN. 73, QUOTING THE SECOND PARAGRAPH OF THE SYLLABUS, THAT:

WHERE NAVAL RESERVISTS, INCLUDING ENLISTED RESERVISTS RETAINED ON ACTIVE DUTY BEYOND THE PERIODS OF THEIR ENLISTMENTS, ARE DISCHARGED WHILE ON ACTIVE DUTY RATHER THAN RELEASED TO AN INACTIVE STATUS, EITHER BECAUSE OF DISABILITY INCURRED IN LINE OF DUTY OR FOR OTHER REASONS NOT DUE TO THEIR OWN MISCONDUCT, SUCH DISCHARGES MAY BE CONSIDERED TANTAMOUNT TO RELEASE FROM ACTIVE DUTY SO AS TO ENTITLE THEM, IN PROPER CASES, TO THE TRANSPORTATION FOR DEPENDENTS AND HOUSEHOLD EFFECTS FROM LAST DUTY STATION TO HOME AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 IN CONNECTION WITH RELEASE FROM ACTIVE DUTY.

THE STATUS AND SITUATION OF ARMY RESERVISTS IN SUCH RESPECTS BEING ANALOGOUS TO THOSE OF NAVAL RESERVISTS, THE PRINCIPLES OF THE SAID DECISION APPLY LIKEWISE TO THEM; AND IT FOLLOWS THAT THE DISCHARGE OF STAFF SERGEANT BATCHELOR, A MEMBER OF THE ENLISTED RESERVE CORPS, IS TO BE REGARDED AS A RELIEF FROM ACTIVE DUTY WITHIN THE CONTEMPLATION OF THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT AUTHORIZING THE TRANSPORTATION OF DEPENDENTS.

A SOMEWHAT DIFFERENT QUESTION ARISES IN THE CASE OF STAFF SERGEANT BOHACHEF. HE WAS NOT A RESERVIST BUT WAS INDUCTED INTO THE ARMY UNDER THE PROVISIONS OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940. HOWEVER, SECTION 3C OF THAT ACT, 54 STAT. 886, PROVIDES AS TO MEN SO INDUCTED THAT:

EACH SUCH MAN, AFTER THE COMPLETION OF HIS PERIOD OF TRAINING AND SERVICE UNDER SUBSECTION (B), SHALL BE TRANSFERRED TO A RESERVE COMPONENT OF THE LAND OR NAVAL FORCES OF THE UNITED STATES; AND UNTIL HE ATTAINS THE AGE OF FORTY-FIVE, OR UNTIL THE EXPIRATION OF A PERIOD OF TEN YEARS AFTER SUCH TRANSFER, OR UNTIL HE IS DISCHARGED FROM SUCH RESERVE COMPONENT, WHICHEVER OCCURS FIRST, HE SHALL BE DEEMED TO BE A MEMBER OF SUCH RESERVE COMPONENT AND SHALL BE SUBJECT TO SUCH ADDITIONAL TRAINING AND SERVICE AS MAY NOW OR HEREAFTER BE PRESCRIBED BY LAW * * *.

THE EFFECT OF SUCH PROVISION IS TO PLACE INDUCTED MEN ON SUBSTANTIALLY THE SAME BASIS AS RESERVISTS, AT LEAST WITH RESPECT TO THE CONDITIONS CONTEMPLATED AS AFFECTING THE TRANSPORTATION OF THEIR DEPENDENTS UPON TERMINATION OF ACTIVE SERVICE, AND THERE APPEARS NO REASON TO APPLY A DIFFERENT RULE IN SUCH CASES THAN APPLIED TO RESERVISTS WHERE, FOR MILITARY REASONS, SUCH ACTIVE SERVICE IS TERMINATED BY DISCHARGE INSTEAD OF BY TRANSFER TO A RESERVE COMPONENT. IT IS CONCLUDED, THEREFORE, THAT MEN INDUCTED INTO THE SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 AND SUBSEQUENTLY DISCHARGED BECAUSE OF DISABILITY INCURRED IN LINE OF DUTY, OR FOR OTHER REASONS NOT DUE TO THEIR OWN MISCONDUCT, PROPERLY MAY BE REGARDED AS RELIEVED FROM ACTIVE DUTY WITHIN THE MEANING OF SECTION 12 OF THE PAY READJUSTMENT ACT, SUPRA, THE SAME AS RESERVISTS UNDER ANALOGOUS CIRCUMSTANCES, INSOFAR AS THE TRANSPORTATION OF THEIR DEPENDENTS IS CONCERNED.

THE CLAIMS OF THE TWO DISCHARGED STAFF SERGEANTS HERE INVOLVED WILL BE ALLOWED ACCORDINGLY.