B-49744, JUNE 21, 1945, 24 COMP. GEN. 901

B-49744: Jun 21, 1945

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IN THE CASE OF PERSONS WHO ARE INDUCTED INTO THE NAVAL SERVICE FOR AN INDEFINITE PERIOD. SUBSEQUENTLY GIVEN A BAD CONDUCT DISCHARGE AS PUNISHMENT FOR AN OFFENSE IN ACCORDANCE WITH A COURT-MARTIAL SENTENCE NOT INVOLVING CONFINEMENT IS NOT ENTITLED TO THE TRAVEL ALLOWANCE AUTHORIZED BY SECTION 126 OF THE NATIONAL DEFENSE ACT. SUBSEQUENTLY DISCHARGED AT THE REQUEST OF HIS PARENT OR GUARDIAN IS NOT ENTITLED TO TRAVEL ALLOWANCE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT. FOR PERSONS WHO ENLIST AND ARE DISCHARGED UNDER SIMILAR CIRCUMSTANCES. ENLISTS IN THE REGULAR NAVY OR THE NAVAL RESERVE IS ENTITLED. WHO OBTAINS A DISCHARGE BY REASON OF DEPENDENCY EXISTING PRIOR TO ENLISTMENT IS TO BE REGARDED AS HAVING BEEN DISCHARGED FOR HIS OWN CONVENIENCE AND.

B-49744, JUNE 21, 1945, 24 COMP. GEN. 901

TRAVEL ALLOWANCE; TRANSPORTATION IN KIND - PERSONS INDUCTED INTO NAVAL SERVICE; ETC. IN THE CASE OF PERSONS WHO ARE INDUCTED INTO THE NAVAL SERVICE FOR AN INDEFINITE PERIOD, PURSUANT TO THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, AND WHO REMAIN INDUCTEES, AS DISTINGUISHED FROM THOSE WHO, AFTER INDUCTION, ENLIST IN THE REGULAR NAVY OR NAVAL RESERVE FOR FIXED PERIODS, THERE WOULD APPEAR TO BE NO SITUATION IN WHICH THEIR DISCHARGE FROM SERVICE COULD BE CONSIDERED TO BE FOR THEIR PERSONAL CONVENIENCE SO AS TO REQUIRE DENIAL OF THE TRAVEL ALLOWANCE AUTHORIZED BY SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, UPON DISCHARGE. A PERSON INDUCTED INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, AND SUBSEQUENTLY GIVEN A BAD CONDUCT DISCHARGE AS PUNISHMENT FOR AN OFFENSE IN ACCORDANCE WITH A COURT-MARTIAL SENTENCE NOT INVOLVING CONFINEMENT IS NOT ENTITLED TO THE TRAVEL ALLOWANCE AUTHORIZED BY SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED. AN UNDERAGE PERSON INDUCTED INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, AND SUBSEQUENTLY DISCHARGED AT THE REQUEST OF HIS PARENT OR GUARDIAN IS NOT ENTITLED TO TRAVEL ALLOWANCE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, BUT IN VIEW OF SECTION 3 (D) OF THE 1940 ACT, ASSIMILATING THE PAY, ALLOWANCE, ETC., RIGHTS OF INDUCTEES TO THOSE OF OTHER ENLISTED MEN, MAY BE FURNISHED TRANSPORTATION IN KIND FROM THE PLACE OF DISCHARGE TO THE LOCATION OF HIS LOCAL BOARD, COMPARABLE TO THAT AUTHORIZED BY SECTION 126, AS AMENDED, FOR PERSONS WHO ENLIST AND ARE DISCHARGED UNDER SIMILAR CIRCUMSTANCES. A PERSON WHO, IMMEDIATELY FOLLOWING INDUCTION INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, OR SOMETIME LATER, ENLISTS IN THE REGULAR NAVY OR THE NAVAL RESERVE IS ENTITLED, UPON DISCHARGE FOR THE CONVENIENCE OF THE GOVERNMENT, TO TRAVEL ALLOWANCE FROM THE PLACE OF DISCHARGE TO HIS LOCAL BOARD, AS AUTHORIZED BY THE PROVISION OF SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, RELATING TO INDUCTEES. A PERSON WHO ENLISTED IN THE REGULAR NAVY OR THE NAVAL RESERVE FOLLOWING HIS INDUCTION INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, AND WHO OBTAINS A DISCHARGE BY REASON OF DEPENDENCY EXISTING PRIOR TO ENLISTMENT IS TO BE REGARDED AS HAVING BEEN DISCHARGED FOR HIS OWN CONVENIENCE AND, THEREFORE, NOT ENTITLED TO THE TRAVEL ALLOWANCE PROVIDED BY SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED; HOWEVER, IF THE MAN WERE DISCHARGED BY REASON OF DEPENDENCY ARISING SUBSEQUENT TO ENLISTMENT, THE DISCHARGE WOULD NOT BE FOR HIS CONVENIENCE, AND THE TRAVEL ALLOWANCE WOULD BE PAYABLE. THE AUTHORITY UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, TO PAY TRAVEL ALLOWANCE TO NAVAL RESERVE ENLISTED MEN UPON DISCHARGE OF RELIEF OR RELEASE FROM ACTIVE DUTY IS TO BE REGARDED AS HAVING SUPERSEDED THE AUTHORITY UNDER SECTION 7 OF THE NAVAL RESERVE ACT OF 1938 TO FURNISH TRANSPORTATION AND SUBSISTENCE FOR TRAVEL FROM ACTIVE DUTY, SO THAT AN ENLISTED NAVAL RESERVIST WHO IS GIVEN A BAD CONDUCT DISCHARGE PURSUANT TO A COURT MARTIAL SENTENCE NOT INVOLVING CONFINEMENT AND, THEREFORE, IS NOT ENTITLED TO TRAVEL ALLOWANCE MAY NOT BE FURNISHED TRANSPORTATION AND SUBSISTENCE. A PERSON WHO ENLISTED IN THE REGULAR NAVY OR NAVAL RESERVE AFTER INDUCTION INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, AND WHO WAS SUBSEQUENTLY DISCHARGED, OTHER THAN AT THE REQUEST OF PARENT OR GUARDIAN, BECAUSE HE WAS UNDER THE STATUTORY OR ADMINISTRATIVELY ESTABLISHED AGE FOR ENLISTMENT IS NOT ENTITLED TO TRAVEL ALLOWANCE OR TO TRANSPORTATION IN KIND UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED; HOWEVER, TRANSPORTATION IN KIND MAY BE FURNISHED TO HIS "HOME"--- ACTUAL PLACE OF RESIDENCE--- AS AUTHORIZED BY THE ACT OF JULY 1, 1944, IN THE CASE OF NAVAL ENLISTED PERSONNEL DISCHARGED FOR UNDERAGE, GENERALLY. A PERSON WHO ENLISTED IN THE REGULAR NAVY OR NAVAL RESERVE FOLLOWING INDUCTION INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, AND WHO, PURSUANT TO PROVISIONS OF THE NAVAL APPROPRIATION ACT, 1945, ELECTED TO BE FURNISHED TRANSPORTATION AND SUBSISTENCE IN KIND, RATHER THAN TRAVEL ALLOWANCE, TO HIS HOME UPON DISCHARGE ON MEDICAL SURVEY IS ENTITLED TO SUCH TRANSPORTATION AND SUBSISTENCE FROM THE PLACE OF DISCHARGE TO HIS HOME AT THE TIME OF HIS INDUCTION AND ENLISTMENT, AND NOT TO THE PLACE WHERE HE SUBSEQUENTLY ESTABLISHED HIS HOME.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JUNE 21, 1945:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 9, 1945, REQUESTING DECISION ON SPECIFIC QUESTIONS SET FORTH IN PARAGRAPHS 4, 5, 6 AND 7 OF A LETTER DATED MAY 5, 1945, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS. THE QUESTIONS ARE BASED UPON FACTS AND CIRCUMSTANCES STATED IN PARAGRAPHS 1 TO 3 OF SAID LETTER OF MAY 5, 1945, WHICH ARE AS FOLLOWS: SUBJECT: TRAVEL ALLOWANCE ON DISCHARGE--- PERSONNEL INDUCTED INTO

NAVAL SERVICE. REFS: (A) ACT OF SEPTEMBER 22, 1922 (42 STAT. 1021) (34 U.S.C. 895)

MODIFYING ACT OF JUNE 3, 1916 (39 STAT. 217) 10 U.S.C. 752).

(B) ARTICLE 2503, NAVY TRAVEL INSTRUCTIONS.

(C) PUBLIC LAW 798--- 77TH CONGRESS, APPROVED 14 DECEMBER

1942.

(D) PUBLIC LAW 398--- 78TH CONGRESS, APPROVED 1 JULY 1944.

(E) ARTICLES D-9106, 9114, BUPERS MANUAL.

1. PERSONNEL INDUCTED INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 MAY REMAIN AS NAVY INDUCTEES ( USN-I) SUBJECT TO THE PROVISIONS OF THE SELECTIVE SERVICE ACT AS AMENDED, OR THEY MAY VOLUNTEER AND BE ACCEPTED FOR:

(A) ENLISTMENT IN THE REGULAR NAVY ( USN-SV); OR

(B) ENLISTMENT IN CLASS V-6 OF THE *NAVAL RESERVE * USNR-SV). THE FOREGOING ELECTIONS ARE GENERALLY EXERCISED BY THE INDUCTEES ON THE DATE RECEIVED AT A NAVY RECRUITING STATION FROM LOCAL SELECTIVE SERVICE BOARDS, OR AT THE TIME OF PREINDUCTION PHYSICAL EXAMINATION IN THE CASE OF THOSE MEN WHO REQUEST IMMEDIATE INDUCTION AT THAT TIME. IN THE EVENT THE INDUCTEE EXERCISES OPTION (A) OR (B) ABOVE, APPROPRIATE ENTRY IS MADE ON PAGE 9 OF SERVICE RECORD AS FOLLOWS:

") DATE) VOLUNTARILY ENLISTED AS AS, USN-SV (OR AS, CLASS

V-6, USNR-SV) THIS DATE, TO SERVE FOR A PERIOD OF SIX (6)

YEARS (OR TWO (2) YEARS (AS APPROPRIATE) ). ENP FORM 603

( SHIPPING ARTICLES) EXECUTED.'

2. THE AUTHORITY FOR PAYMENT OF TRAVEL ALLOWANCE TO AN ENLISTED MAN DISCHARGED FROM THE REGULAR NAVY OR MARINE CORPS IS CONTAINED IN REFERENCE (A), WHICH WAS AMENDED BY REFERENCE (C) TO PERMIT PAYMENT OF TRAVEL ALLOWANCE UNDER THE CONDITIONS SPECIFIED THEREIN TO NEW INDUCTED INTO THE NAVAL SERVICE AND TO PERSONS WHO VOLUNTARILY ENLISTED IN THE RESERVE FORCES. ARTICLES 2503-10 AND 13 OF THE NAVY TRAVEL INSTRUCTIONS CONTAIN THE REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY RELATING TO THE PAYMENT OF TRAVEL ALLOWANCE TO MEMBERS OF THE NAVY, NAVAL RESERVE OR INDUCTEES ON DISCHARGE OR RELEASE FROM ACTIVE DUTY.

3. THE "LOCATION OF THE LOCAL BOARD" IN THE FIRST PROVISO CLAUSE OF REFERENCE (C) RELATING TO TRAVEL ALLOWANCE PAYABLE ON DISCHARGE IN THE CASE OF ENLISTED MEN INDUCTED INTO THE NAVAL SERVICE UNDER THE SELECTIVE AND TRAINING SERVICE ACT IS SYNONYMOUS WITH "PLACE OF ACCEPTANCE FOR ENROLLMENT, ENLISTMENT, OR MUSTER INTO THE SERVICE" (REFERENCE (A) (, AND WITH "PLACE FROM WHICH ORDERED TO ACTIVE DUTY" (SECOND PROVISO CLAUSE OF REFERENCE (C) ). THEREFORE, IT WOULD APPEAR LOGICAL TO ASSUME IT WAS THE INTENT OF THE CONGRESS THAT IRRESPECTIVE OF WHETHER A MAN ENTERED THE SERVICE AS USN-I, USN-SV, OR USNR-SV, UPON DISCHARGE HE WOULD BE RETURNED TO THE PLACE FROM WHICH HE FIRST CAME UNDER FEDERAL JURISDICTION, I.E., PLACE WHERE HE WAS DIRECTED TO MUSTER FOR DELIVERY TO AN INDUCTION STATION. THE FACT THAT THE NAVY DEPARTMENT THROUGH ADMINISTRATIVE REGULATIONS AUTHORIZED THE EXERCISE OF THE ELECTIONS SET FORTH IN PARAGRAPH 1 HEREOF WOULD NOT APPEAR TO DIVEST THE MAN OF HIS ORIGINAL STATUS OF INDUCTEE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, NOR TO DEPRIVE HIM OF HIS RIGHT TO TRAVEL ALLOWANCE FOR THE DISTANCE FROM THE PLACE OF DISCHARGE OR RELEASE FROM ACTIVE DUTY TO THE LOCATION OF THE LOCAL BOARD WHERE HE FIRST REPORTED FOR DELIVERY TO AN INDUCTION STATION. HOWEVER, SINCE REFERENCE (A) WOULD ALSO APPLY IN DETERMINING THE ENTITLEMENT TO TRAVEL ALLOWANCE ON DISCHARGE OR RELEASE FROM ACTIVE DUTY OF PERSONNEL WHO BECOME MEMBERS OF THE NAVAL SERVICE ( USN-I, USN-SV, OR USNR-SV) AFTER REPORTING FOR INDUCTION UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940. THE CONDITIONS SURROUNDING THE INDIVIDUAL'S INDUCTION INTO THE NAVAL SERVICE THROUGH THE SELECTIVE TRAINING AND SERVICE ACT ARE ESSENTIALLY DIFFERENT FROM THE CIRCUMSTANCES UNDER WHICH AN INDIVIDUAL, OF HIS VOLITION, ENLISTS IN THE NAVAL SERVICE. THEREFORE, IT IS RECOMMENDED THAT THE QUESTIONS PRESENTED HEREIN BE SUBMITTED TO THE COMPTROLLER GENERAL FOR DECISION.

SECTION 126 OF THE NATIONAL DEFENSE ACT, 39 STAT. 217, AS AMENDED BY SECTION 3 OF THE ACT OF FEBRUARY 28, 1919, 40 STAT. 1203, AND THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021, PROVIDES AS FOLLOWS:

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 OF 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 (DISTANCE) 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, FURTHER AMENDED SAID SECTION 126 BY ADDING THERETO THE FOLLOWING PROVISO:

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 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.

SECTION 3 (D) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 886, PROVIDES:

WITH RESPECT TO THE MEN INDUCTED FOR TRAINING AND SERVICE UNDER THIS ACT THERE SHALL BE PAID, ALLOWED, AND EXTENDED THE SAME PAY, ALLOWANCES, PENSIONS, DISABILITY AND DEATH COMPENSATION, AND OTHER BENEFITS AS ARE PROVIDED BY LAW IN THE CASE OF OTHER ENLISTED MEN OF LIKE GRADES AND LENGTH OF SERVICE OF THAT COMPONENT OF THE LAND OR NAVAL FORCES TO WHICH THEY ARE ASSIGNED * * *.

PARAGRAPH 10 (C), ARTICLE 2503, UNITED STATES NAVY TRAVEL INSTRUCTIONS, PROVIDES AS FOLLOWS:

(C) INDUCTEES.--- ENLISTED PERSONNEL INDUCTED INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 ARE ENTITLED ON DISCHARGE OR RELEASE FROM ACTIVE DUTY TO TRAVEL ALLOWANCE AT 5 CENTS PER MILE FOR ALL LAND TRAVEL FROM THE PLACE OF DISCHARGE OR RELEASE FROM ACTIVE DUTY TO THE LOCATION OF THE LOCAL BOARD TO WHICH THE PERSONNEL FIRST REPORTED FOR DELIVERY TO THE INDUCTION STATION.

THE QUESTIONS UPON WHICH DECISION IS REQUESTED ARE HEREINAFTER STATED AND ANSWERED SERIATIM.

4. BETWEEN WHAT POINTS SHOULD TRAVEL ALLOWANCE BE PAID, OR IF TRAVEL ALLOWANCE IS NOT PAYABLE, BETWEEN WHAT POINTS SHOULD TRANSPORTATION IN KIND BE FURNISHED IN THE CASE OF A MAN WHO REPORTED TO LOCAL DRAFT BOARD IN INDEPENDENCE, MISSOURI, WAS INDUCTED INTO NAVAL SERVICE AT NAVAL RECRUITING STATION, ST. LOUIS, MISSOURI, AS USN I ON 12 SEPTEMBER 1943, AND DISCHARGED ON 4 JUNE 1944 AT RECEIVING STATION, NAVAL OPERATING BASE, NORFOLK, VIRGINIA, IF DISCHARGED FOR THE REASONS STATED BELOW.

(1) DISCHARGED FOR HIS OWN CONVENIENCE.

THE WORD "DISCHARGED, AS USED IN SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, SUPRA, HAS BEEN INTERPRETED AS APPLYING TO A SEPARATION FROM THE MILITARY OR NAVAL SERVICE AT THE INSTANCE OF THE GOVERNMENT AND IT HAS BEEN HELD THAT WHERE A DISCHARGE IS OBTAINED AT THE REQUEST OF AN ENLISTED MAN, BY WAY OF FAVOR AND FOR HIS OWN CONVENIENCE, PAYMENT OF THE TRAVEL ALLOWANCE PROVIDED IN THAT SECTION IS NOT AUTHORIZED. 5 COMP. GEN. 265; 20 ID. 562, 564. CF. 23 COMP. GEN. 401. HOWEVER, THOSE DECISIONS CONSIDERED THE SITUATION OF A MAN WHO ENTERED THE ARMED FORCES BY ENLISTMENT; WHO VOLUNTARILY OBLIGATED HIMSELF TO SERVE DURING A FIXED PERIOD; AND WHO OBTAINED HIS DISCHARGE AT HIS OWN REQUEST PRIOR TO THE EXPIRATION OF THAT PERIOD. UNDER SUCH CIRCUMSTANCES, HE IS RELIEVED OF THE OBLIGATION HE ASSUMED UPON ENTRY INTO THE SERVICE AND THE DECISIONS DENYING HIM THE TRAVEL ALLOWANCE HOLD, IN EFFECT, THAT THERE IS NO RIGHT TO SUCH ALLOWANCE WHERE HIS OBLIGATION TO SERVE IS VOLUNTARILY TERMINATED IN THAT MANNER.

YOUR REQUEST FOR DECISION DOES NOT DISCLOSE THE CIRCUMSTANCES UNDER WHICH AN INDUCTEE MAY BE REGARDED AS HAVING BEEN "DISCHARGED FOR HIS OWN CONVENIENCE.' A MAN WHO IS INDUCTED INTO THE ARMED FORCES UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, SUPRA, AND WHO REMAINS AN INDUCTEE AS DISTINGUISHED FROM A MAN WHO ENLISTS IN THE SERVICE, AGREES TO SERVE FOR NO PARTICULAR TERM. IN OTHER WORDS, HIS ENTRY INTO THE ARMED FORCES DOES NOT CONSTITUTE A VOLUNTARY AGREEMENT TO SERVE FOR A PARTICULAR PERIOD. UNDER THE PROVISIONS OF SECTION 3 (B) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 886, AS AMENDED BY SECTION 8 OF THE ACT OF DECEMBER 20, 1941, 55 STAT. 846, THE PERIOD OF SERVICE OF AN INDUCTEE IS OF INDEFINITE DURATION AND, WITHIN THE LIMITATIONS MENTIONED IN THE STATUTE, HE MAY BE HELD TO SERVE SO LONG AS THE NEEDS OF THE SERVICE REQUIRE. WHILE IT IS UNDERSTOOD THAT IN THE NAVAL SERVICE, AS WELL AS IN THE ARMY, AN INDUCTEE MAY RECEIVE HIS DISCHARGE AT HIS REQUEST, IF HIS SITUATION MEETS CERTAIN REQUIREMENTS CONSIDERED BY THE DEPARTMENT TO WARRANT HIS RELEASE FROM FURTHER DUTY, THE FACT THAT AN INDUCTEE OBTAINS HIS DISCHARGE AT HIS REQUEST WOULD NOT APPEAR TO CONSTITUTE THE DISCHARGE ONE FOR HIS OWN CONVENIENCE WITHIN THE PURVIEW OF THE DECISIONS WHICH DENY TRAVEL ALLOWANCE TO ENLISTED MEN WHO OBTAIN THEIR DISCHARGE FOR THEIR OWN CONVENIENCE PRIOR TO THE EXPIRATION OF THEIR ENLISTMENT. HAVING ENTERED THE MILITARY SERVICE BY INDUCTION PURSUANT TO A STATUTE REQUIRING MILITARY SERVICE, NO SITUATION COMES TO MIND IN WHICH AN INDUCTEE'S DISCHARGE MAY BE CONSIDERED A DISCHARGE FOR HIS CONVENIENCE; AND, THEREFORE, ON THE PRESENT RECORD, THERE IS NO BASIS UPON WHICH TO ANSWER YOUR FIRST QUESTION.

(2) DISCHARGED AT REQUEST OF MAN OR HIS DEPENDENTS BY REASON OF DEPENDENCY (OF WIFE AND TWO CHILDREN) EXISTING PRIOR TO INDUCTION.

ON THE BASIS OF THE REMARKS MADE IN CONNECTION WITH YOUR FIRST QUESTION, AN INDUCTEE DISCHARGED UNDER THE CIRCUMSTANCES INDICATED IN QUESTION (2) WOULD BE ENTITLED TO TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM NORFOLK, VIRGINIA, TO INDEPENDENCE, MISSOURI.

(3) GIVEN BAD CONDUCT DISCHARGE AS PUNISHMENT FOR AN OFFENSE IN ACCORDANCE WITH COURT-MARTIAL SENTENCE NOT INVOLVING CONFINEMENT.

SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AUTHORIZES THE PAYMENT TO DISCHARGED INDUCTEES OF THE "SAID" TRAVEL ALLOWANCE AUTHORIZED TO BE PAID TO ENLISTED MEN OF THE ARMY, NAVY OR MARINE CORPS, DISCHARGED "EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE.' A USN I INDUCTEE GIVEN A BAD CONDUCT DISCHARGE AS PUNISHMENT FOR AN OFFENSE IN ACCORDANCE WITH A COURT-MARTIAL SENTENCE NOT INVOLVING CONFINEMENT, WOULD NOT BE ENTITLED TO TRAVEL ALLOWANCE. THIS OFFICE IS NOT AWARE OF ANY PROVISION OF LAW WHICH AUTHORIZES THE FURNISHING OF TRANSPORTATION IN KIND TO AN INDUCTEE DISCHARGED UNDER SUCH CIRCUMSTANCES. SEE 2 COMP. GEN. 612, 615; ARTICLE D -9103 (3), BUREAU OF NAVAL PERSONNEL MANUAL. (4) DISCHARGED AT REQUEST OF PARENT OF GUARDIAN FOR REASON OF UNDERAGE, HAVING BEEN ONLY SIXTEEN YEARS OF AGE ON DATE OF INDUCTION INTO NAVAL SERVICE.

THE AGE AT WHICH MEN MAY BE INDUCTED INTO THE MILITARY OR NAVAL SERVICES UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, IS 18 YEARS. SEE SECTION 3 (A) OF SAID ACT, 54 STAT. 885, AS AMENDED BY SECTION 2 OF THE ACT OF DECEMBER 20, 1941, 55 STAT. 844, AND SECTION 1 OF THE ACT OF NOVEMBER 13, 1942, 56 STAT. 1018, 1019. HENCE, THE INDUCTION OF A PERSON ONLY 16 YEARS OF AGE EVIDENTLY WOULD BE DUE TO A MISREPRESENTATION ON THE PART OF SUCH PERSON OR TO A MISTAKE. WHILE WHERE THE CIRCUMSTANCES INDICATED IN THE BASIC PROVISIONS OF SAID SECTION ARE MET, SECTION 126 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF SEPTEMBER 22, 1922, PROVIDES FOR PAYMENT OF A TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM PLACE OF DISCHARGE TO PLACE OF ACCEPTANCE FOR ENLISTMENT, THAT SECTION CONTAINS A PROVISO WITH RESPECT TO ENLISTED MEN UNDER THE AGE OF EIGHTEEN DISCHARGED AT THE REQUEST OF THEIR PARENTS OR LEGAL GUARDIAN; AND, FOR SUCH ENLISTED MEN, THE PROVISO AUTHORIZES THE FURNISHING OF TRANSPORTATION IN KIND FROM THE PLACE OF DISCHARGE TO THE ,PLACE OF ACCEPTANCE FOR ENLISTMENT.' THE ACT OF DECEMBER 14, 1942, SUPRA, DOES NOT SPECIFICALLY AUTHORIZE THE FURNISHING OF TRANSPORTATION IN KIND, ONLY, INSTEAD OF THE TRAVEL ALLOWANCE, TO AN INDUCTEE UNDER THE AGE OF EIGHTEEN WHO HAS BEEN DISCHARGED UPON THE APPLICATION OF HIS PARENTS OR GUARDIAN, BUT THE SAID ACT REASONABLY MAY NOT BE VIEWED AS AUTHORIZING TRAVEL ALLOWANCE FOR AN INDUCTEE DISCHARGED UNDER SUCH CIRCUMSTANCES. SECTION 3 (D) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, SUPRA, AUTHORIZES PAYMENT TO INDUCTEES OF THE SAME PAY, ALLOWANCES AND OTHER BENEFITS AS PROVIDED BY LAW FOR ENLISTED MEN; AND SINCE AN ENLISTED MAN DISCHARGED UNDER THE CIRCUMSTANCES STATED IN YOUR QUESTION IS ENTITLED TO TRANSPORTATION IN KIND ONLY IT IS CONCLUDED THAT AN INDUCTEE DISCHARGED UNDER THOSE CIRCUMSTANCES IS ENTITLED TO THE SAME BENEFIT. WITH RESPECT TO THE PLACE TO WHICH THAT TRANSPORTATION MAY BE FURNISHED, THE ACT OF DECEMBER 14, 1942, DISCLOSES A LEGISLATIVE INTENT TO PROVIDE FOR THE RETURN OF AN INDUCTEE TO THE LOCATION OF HIS LOCAL BOARD WHERE HE FIRST REPORTED FOR DELIVERY TO AN INDUCTION STATION, THAT PLACE BEING CONSIDERED COMPARABLE TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT IN THE CASE OF AN ENLISTED MAN. ACCORDINGLY, IN ANSWER TO QUESTION (4) YOU ARE ADVISED THAT TRANSPORTATION IN KIND IS AUTHORIZED TO BE FURNISHED FROM NORFOLK, VIRGINIA, TO INDEPENDENCE, MISSOURI.

5. IN THE CASE OF ENLISTED PERSONNEL INDUCTED INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, WHO EXERCISE THE OPTION OF ENLISTING IN THE REGULAR NAVY OR NAVAL RESERVE IN ACCORDANCE WITH THE PROCEDURE OUTLINED IN PARAGRAPH 1 HEREOF, THE QUESTION ALSO ARISES AS TO WHETHER THE ENTITLEMENT OF SUCH PERSONNEL TO TRAVEL ALLOWANCE ON DISCHARGE IS FOR DETERMINATION IN ACCORDANCE WITH THE PROVISIONS OF REFERENCE (C) APPLICABLE TO INDUCTEES, OR WHETHER THEY LOSE THEIR STATUS AS INDUCTEES THROUGH EXERCISING OPTION, AFTER INDUCTION TO ENLIST VOLUNTARILY AND THEREAFTER ON DISCHARGE BECOME ENTITLED ONLY TO TRAVEL ALLOWANCE AS PROVIDED FOR MEMBERS OF THE REGULAR NAVY OR NAVAL RESERVE, AS APPROPRIATE. SINCE THERE APPEARS TO BE NO PRIOR DECISION CLARIFYING THIS SITUATION, IT IS RECOMMENDED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO TRAVEL ALLOWANCE PAYABLE UNDER THE CIRCUMSTANCES HEREINAFTER STATED:

(A) MAN REPORTED ON 8 AUGUST 1943 TO LOCAL DRAFT BOARD AT NEW PALTZ, NEW YORK FOR DELIVERY TO INDUCTION STATION, WAS IMMEDIATELY TRANSFERRED TO ALBANY, NEW YORK FOR INDUCTION INTO THE ARMED FORCES; WAS INDUCTED INTO THE NAVAL SERVICE ON 8 AUGUST 1943 AND IMMEDIATELY ENLISTED IN CLASS V-6, USNR-SV; GAVE BOSTON, MASSACHUSETTS AS HOME ADDRESS ON SHIPPING ARTICLES; AND WAS SUBSEQUENTLY DISCHARGED AT THE RECEIVING SHIP, SAN FRANCISCO, CALIFORNIA ON 7 APRIL 1944.

(1) IF DISCHARGED FOR THE CONVENIENCE OF THE GOVERNMENT IS HE ENTITLED TO TRAVEL ALLOWANCE FROM SAN FRANCISCO, CALIFORNIA TO NEW PALTZ, N.Y. OR TO ALBANY, N.Y. ?

SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AUTHORIZES, UNDER THE CONDITIONS THEREIN INDICATED, THE PAYMENT OF A TRAVEL ALLOWANCE TO SELECTEES AND ENLISTED MEN OF THE SERVICES MENTIONED, UPON DISCHARGE OR RELEASE OR RELIEF FROM ACTIVE DUTY. THE PLACE TO WHICH THE TRAVEL ALLOWANCE IS PAYABLE VARIES ACCORDING TO THE CLASS OF PERSONNEL INVOLVED. IT UNIFORMLY HAS BEEN HELD THAT ENLISTED PERSONNEL DISCHARGED PRIOR TO THE DATE OF NORMAL TERMINATION OF THEIR ENLISTMENT CONTRACTS FOR THE PURPOSE OF ENABLING THEM TO REENLIST, OR FOR THE PURPOSE OF RELEASING THEM FROM THEIR CONTRACTS OF ENLISTMENT TO ALLOW THEM TO CONTINUE IN THE MILITARY SERVICE IN A DIFFERENT STATUS, MAY NOT BE CONSIDERED AS HAVING BEEN DISCHARGED UNDER CONDITIONS ENTITLING THEM TO THE TRAVEL ALLOWANCE PROVIDED BY THE QUOTED PROVISIONS OF THE NATIONAL DEFENSE ACT, AS AMENDED, BUT THAT, UPON THEIR EVENTUAL DISCHARGE AND COMPLETE SEPARATION FROM THE SERVICE, THEY ARE ENTITLED TO THE TRAVEL ALLOWANCE SO PROVIDED TO THE PLACE OF ENTRY INTO THE SERVICE UNDER THE ORIGINAL ENLISTMENT, IF THE DISCHARGE IS OF A NATURE OTHERWISE ENTITLING THEM TO TRAVEL ALLOWANCE. COMP. DEC. 513; 26 ID. 359; 6 COMP. GEN. 842; 23 ID. 808.

IF, AFTER INDUCTION INTO THE NAVAL SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, A SELECTEE IS PERMITTED TO ENLIST IN THE REGULAR NAVY OR CLASS V-6 OF THE NAVAL RESERVE, HIS SERVICE WOULD BE CONTINUOUS AND WHILE HE WOULD NOT BE ENTITLED TO TRAVEL ALLOWANCE AT THE TIME HIS STATUS AS AN INDUCTEE WAS TERMINATED, THE FACT THAT HE ENLISTED UNDER THE CIRCUMSTANCES INDICATED WOULD NOT CHANGE THE PLACE AT WHICH HE ENTERED THE NAVAL SERVICE AND HIS RIGHT TO TRAVEL ALLOWANCE UPON DISCHARGE AS AN ENLISTED MAN MAY BE DETERMINED UNDER THE PROVISIONS OF THE ACT OF DECEMBER 14, 1942, APPLICABLE TO SELECTEES. CF. 23 COMP. GEN. 140. SINCE THE INDUCTEE MENTIONED IN YOUR QUESTION WAS DISCHARGED FOR THE CONVENIENCE OF THE GOVERNMENT AND HAD REPORTED TO THE LOCAL BOARD IN NEW PALTZ, NEW YORK, FOR DELIVERY TO AN INDUCTION STATION, HE IS ENTITLED TO THE TRAVEL ALLOWANCE FROM SAN FRANCISCO, CALIFORNIA, TO NEW PALTZ, NEW YORK. SEE PARAGRAPH 10 (F) (3), ARTICLE 2503, UNITED STATES NAVY TRAVEL INSTRUCTIONS AND ARTICLE D-9103 (2), BUREAU OF NAVAL PERSONNEL MANUAL.

(2) IF DISCHARGED AT REQUEST OF MAN OR HIS DEPENDENT BY REASON OF DEPENDENCY (OF WIFE AND TWO CHILDREN) EXISTING PRIOR TO ENLISTMENT, IS MAN ENTITLED TO TRAVEL ALLOWANCE AND, IF SO, TO WHAT POINT?

AN INDUCTEE WHO ENLISTS IN CLASS V-6 OF THE NAVAL RESERVE FOLLOWING HIS INDUCTION, AGREES TO SERVE DURING THE TERM OF YEARS FIXED IN HIS CONTRACT OF ENLISTMENT. ARTICLE H-2504 (1), BUREAU OF NAVAL PERSONNEL MANUAL. HE OBTAINS HIS DISCHARGE BEFORE THE TERM OF HIS ENLISTMENT HAS EXPIRED, BY REASON OF DEPENDENCY (WIFE AND TWO CHILDREN) EXISTING PRIOR TO HIS ENLISTMENT, HIS BASIC RIGHT TO TRAVEL ALLOWANCE IS THE SAME AS THAT OF A MAN WHO ENTERED THE NAVAL RESERVE BY ENLISTMENT WITH NO PRIOR SERVICE AS AN INDUCTEE. SUCH AN ENLISTED MAN DISCHARGED BECAUSE OF DEPENDENCY OF A MEMBER OF HIS FAMILY--- SUCH DEPENDENCY EXISTING PRIOR TO HIS ENLISTMENT INTO THE MILITARY OR NAVAL SERVICE--- WOULD APPEAR TO HAVE OBTAINED HIS DISCHARGE FOR HIS CONVENIENCE. UNDER SUCH CIRCUMSTANCES, HE WOULD NOT BE ENTITLED TO THE TRAVEL ALLOWANCE. SEE 2 COMP. GEN. 302; ID. 758; 3 ID. 39. ACCORDINGLY, A CLASS V-6, USNR-SV, INDUCTEE DISCHARGED ON HIS APPLICATION OR THE APPLICATION OF HIS DEPENDENTS ON ACCOUNT OF DEPENDENCY (WIFE AND TWO CHILDREN) EXISTING AT THE TIME OF HIS ENLISTMENT WOULD NOT BE ENTITLED TO THE TRAVEL ALLOWANCE. SEE ARTICLE D-9103 (2), BUREAU OF NAVAL PERSONNEL MANUAL.

(3) IF DISCHARGED BY REASON OF DEPENDENCY ARISING SUBSEQUENT TO ENLISTMENT, IS MAN ENTITLED TO TRAVEL ALLOWANCE, AND, IF SO, TO WHAT POINT?

A DISCHARGE UNDER SUCH CIRCUMSTANCES WOULD NOT BE FOR THE CONVENIENCE OF THE ENLISTED MAN AND TRAVEL ALLOWANCE WOULD BE PAYABLE COMPUTED ON THE DISTANCE FROM SAN FRANCISCO, CALIFORNIA, TO NEW PALTZ, NEW YORK. 2 COMP. GEN. 758; ARTICLE D-9103 (2), BUREAU OF NAVAL PERSONNEL MANUAL.

(4) IF GIVEN BAD CONDUCT DISCHARGE PURSUANT TO SENTENCE OF SUMMARY COURT- MARTIAL NOT INVOLVING CONFINEMENT, IS HE ENTITLED TO EITHER TRAVEL ALLOWANCE OR TRANSPORTATION IN KIND INCLUDING SUBSISTENCE AND, IF SO, TO WHAT POINT?

IT WAS HELD THAT UNDER THE PROVISIONS OF SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1176, AND SIMILAR PROVISIONS CONTAINED IN SECTION 11 OF THE NAVAL RESERVE ACT OF 1925, 43 STAT. 1083, AN ENLISTED MEMBER OF THE NAVAL RESERVE WAS ENTITLED TO TRANSPORTATION AND SUBSISTENCE FOR TRAVEL TO AND FROM ACTIVE DUTY. SEE 20 COMP. GEN. 1, 3; ID. 519, 520. HOWEVER, ONE OF THE PRIMARY PURPOSES OF THE ACT OF DECEMBER 14, 1942, SUPRA, WAS TO AUTHORIZE FOR ENLISTED MEMBERS OF THE NAVAL RESERVE A TRAVEL ALLOWANCE PAYABLE UPON "DISCHARGE OR RELIEF OR RELEASE FROM ACTIVE DUTY.' WHILE SAID ACT OF DECEMBER 14, 1942, DID NOT, IN EXPRESS TERMS, REPEAL THE RIGHT OF ENLISTED MEMBERS OF THE NAVAL RESERVE TO TRANSPORTATION AND SUBSISTENCE WHEN TRAVELING FROM ACTIVE DUTY, IT IS EVIDENT THAT THE ALLOWANCE THUS AUTHORIZED WAS IN LIEU OF THE TRANSPORTATION AND SUBSISTENCE AUTHORIZED BY THE NAVAL RESERVE ACT OF 1938 TO BE FURNISHED ON RELEASE OR RELIEF FROM ACTIVE DUTY. HENCE, IT APPEARS THAT THE ACT OF DECEMBER 14, 1942, SUPERSEDED THE PRIOR PROVISIONS WHICH AUTHORIZED THE FURNISHING OF TRANSPORTATION AND SUBSISTENCE TO AN ENLISTED MAN OF THE NAVAL RESERVE INCIDENT TO HIS RELEASE OR RELIEF FROM ACTIVE DUTY. CONSEQUENTLY, THERE WOULD BE NO AUTHORITY FOR THE FURNISHING OF TRANSPORTATION OR SUBSISTENCE TO AN INDUCTEE WHO ENLISTED IN CLASS V-6 OF THE NAVAL RESERVE AND WHO WAS DISCHARGED AS INDICATED IN YOUR QUESTION. ALSO, SINCE HIS DISCHARGE WAS "BY WAY OF PUNISHMENT FOR AN OFFENSE," HE WOULD NOT BE ENTITLED TO TRAVEL ALLOWANCE. SEE THE ANSWER TO QUESTION (3) CONTAINED IN PARAGRAPH 4 OF THE LETTER OF MAY 5, 1945, SUPRA.

(5) IF DISCHARGED FOR REASON OF UNDERAGE, AFTER IT WAS DISCOVERED THAT HE WAS UNDER SIXTEEN YEARS OF AGE, AT TIME OF INDUCTION (STATUTORY AGE FOR LEGAL ENLISTMENT IN NAVAL RESERVE BEING SEVENTEEN YEARS) IS MAN ENTITLED TO EITHER TRAVEL ALLOWANCE FROM SAN FRANCISCO TO (A) NEW PALTZ, N.Y., (B) ALBANY, N.Y., (C) OR ONLY TO TRANSPORTATION IN KIND TO HOME OF RECORD, BOSTON, MASS. AS PROVIDED BY REFERENCE (D/?

THE ACT OF JULY 1, 1944, 58 STAT. 672, PROVIDES AS FOLLOWS:

THAT APPROPRIATIONS WHICH PROVIDE FOR PAY, ALLOWANCES, AND TRANSPORTATION OF ENLISTED PERSONNEL OF THE NAVY, MARINE CORPS, AND COAST GUARD, INCLUDING RESERVE COMPONENTS THEREOF, SHALL BE AVAILABLE FOR THE PAYMENT OF PAY AND ALLOWANCES TO AND INCLUDING THE DATE OF TERMINATION OF THE ENLISTMENT CONTRACT, AND FOR TRANSPORTATION HOME OF ANY ENLISTED PERSON WHOSE ENLISTMENT CONTRACT IS TERMINATED BY CANCELLATION OR DISCHARGE WHILE UNDER THE MINIMUM STATUTORY OR ADMINISTRATIVE AGE LIMIT BY REASON OF HAVING FALSELY STATED HIS AGE ON HIS APPLICATION FOR ENLISTMENT.

THE STATUTORY AGE FOR LEGAL ENLISTMENT IN THE NAVAL RESERVE IS 17 YEARS. SECTION 4, ACT OF JUNE 25, 1938, 52 STAT. 1176. THE ENLISTMENT IN THE ARMED FORCES OF A MAN WHO IS UNDERAGE, MAY BE VOIDED BY THE GOVERNMENT AND NO RIGHT TO TRAVEL ALLOWANCE OR TRANSPORTATION IN KIND EXISTS UNDER SUCH CIRCUMSTANCES, EXCEPT AS IS EXPRESSLY PROVIDED BY LAW. 2 COMP. GEN. 612, 614. SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AUTHORIZES THE FURNISHING OF TRANSPORTATION IN KIND TO ENLISTED MEN WHO ARE DISCHARGED BECAUSE OF UNDERAGE, ONLY IN THOSE INSTANCES WHERE APPLICATION FOR DISCHARGE IS MADE BY EITHER THE PARENT OR LEGAL GUARDIAN OF THE ENLISTED MAN. HOWEVER, IT DOES NOT APPEAR THAT YOUR PRESENT QUESTION HAS REFERENCE TO A CASE WHERE SUCH AN APPLICATION WAS MADE. THE PROVISIONS OF THE ABOVE -QUOTED ACT OF JULY 1, 1944, ARE MUCH BROADER IN SCOPE THAN THE PROVISIONS OF THE SAID SECTION 126 OF THE NATIONAL DEFENSE ACT. THE PURPOSE OF THE ACT OF JULY 1, 1944, IS SET FORTH ON PAGES 1 AND 2 OF REPORT NO. 1682 TO ACCOMPANY S. 1894, OF THE COMMITTEE ON NAVAL AFFAIRS OF THE HOUSE OF REPRESENTATIVES, AS FOLLOWS:

THE PURPOSE OF THE BILL IS TO PERMIT THE NAVY DEPARTMENT TO PROVIDE TRANSPORTATION TO THEIR HOMES FOR PERSONS DISCHARGED FROM THE NAVAL SERVICE BECAUSE THEY WERE UNDER AGE AT THE DATE OF ENLISTMENT AND TO PERMIT THEM TO RECEIVE PAY TO THE DATE OF SUCH DISCHARGE.

SEVERAL INSTANCES HAVE OCCURRED WHERE, DUE TO OVERENTHUSIASTIC PATRIOTISM, BOYS AND YOUNG WOMEN HAVE FALSIFIED THEIR AGE IN ORDER TO ENTER THE SERVICE. UPON DISCOVERY OF THEIR CORRECT AGE AND SUBSEQUENT DISCHARGE, UNDER EXISTING LAW, IT IS NOT LEGALLY POSSIBLE TO RETURN THEM TO THEIR HOMES, BUT THEY MUST BE PLACED ON THEIR OWN RESPONSIBILITY IN WHATEVER PLACE THEY MAY HAPPEN TO BE DISCHARGED. IT IS FELT THAT IT IS NOT IN THE PUBLIC INTEREST TO MAKE PUBLIC CHARGES OF IMMATURE BOYS AND YOUNG WOMEN AND TO BURDEN ALREADY CROWDED COMMUNITIES WITH THEIR WELFARE. PARTICULARLY IN THE CASE OF YOUNG WOMEN, THE NAVY DEPARTMENT IS OF THE OPINION THAT SEPARATING THEM FROM THE SERVICE WITHOUT FURNISHING THEM TRANSPORTATION IS BARELY SHORT OF CONTRIBUTING TO THE DELINQUENCY OF A MINOR.

THE "HOME" CONTEMPLATED BY THE STATUTE WOULD SEEM TO BE THE ACTUAL PLACE OF RESIDENCE OF THE ENLISTED PERSONS. HENCE, THE ENLISTED MAN IS ENTITLED TO TRANSPORTATION IN KIND FROM SAN FRANCISCO, CALIFORNIA, TO BOSTON, MASSACHUSETTS, PROVIDED THAT PLACE IS HIS PLACE OF RESIDENCE. (6) THE MAN ON 8 DECEMBER 1943 MOVED HIS DEPENDENTS AND HOUSEHOLD EFFECTS TO KEY WEST, FLORIDA, FOR PURPOSE OF ESTABLISHING PERMANENT RESIDENCE THERE, REPORTED SUCH CHANGE OF RESIDENCE ON BENEFICIARY SLIP EXECUTED ON 10 DECEMBER 1943 AND 1 APRIL 1944, AND ON DATE OF DISCHARGE EXECUTED AFFIDAVIT STATING THAT HIS BONA FIDE HOME WAS KEY WEST, FLORIDA. SUBPARAGRAPH 10 (F) (1) OF REFERENCE (B) STATES THAT A MAN DISCHARGED PURSUANT TO MEDICAL SURVEY IS ENTITLED AT HIS OPTION TO TRAVEL ALLOWANCE OR TO SUBSISTENCE AND TRANSPORTATION TO HIS HOME IF A RESIDENT OF THE UNITED STATES. IN CASE MAN ELECTS SUBSISTENCE AND TRANSPORTATION IN KIND, IS HE ENTITLED THERETO FROM SAN FRANCISCO, CALIFORNIA, TO (A) NEW PALTZ, N.Y., (B) ALBANY, N.Y., (C) KEY WEST, FLA., OR (D) BOSTON, MASS.

THE NAVAL APPROPRIATION ACT, 1945, 58 STAT. 308, APPROPRIATES FUNDS FOR--

* * * TRAVEL ALLOWANCE OR TRANSPORTATION AND SUBSISTENCE OF ENLISTED PERSONNEL UPON DISCHARGE, INCLUDING ENLISTED PERSONNEL DISCHARGED ON MEDICAL SURVEY TO THEIR HOMES IF RESIDENTS OF THE UNITED STATES * * *.

THE PAYMENT OF THE TRAVEL ALLOWANCE AUTHORIZED UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, IS BASED UPON THE SITUATION EXISTING AT THE TIME THE ENLISTED MAN'S ACTIVE SERVICE IN THE MILITARY OR NAVAL SERVICE COMMENCED AND IT IS WELL ESTABLISHED THAT, GENERALLY, IN THE ABSENCE OF A CLEAR SHOWING TO THE CONTRARY, STATUTES AUTHORIZING MILEAGE OR OTHER ALLOWANCES FOR TRAVEL OF RESERVISTS TO THEIR HOME UPON RELIEF OR RELEASE FROM ACTIVE DUTY HAVE REFERENCE TO THE HOME OF THE OFFICER OR ENLISTED MAN CONCERNED AT THE TIME HE WAS ORDERED TO ACTIVE DUTY. COMP. GEN. 731. THERE IS NOTHING IN THE ABOVE-QUOTED LANGUAGE FROM THE NAVAL APPROPRIATION ACT, 1945, OR IN THE LEGISLATIVE HISTORY THEREOF WHICH INDICATES THAT THE CONGRESS INTENDED THAT ENLISTED PERSONNEL WHO ELECT TO BE FURNISHED TRANSPORTATION AND SUBSISTENCE IN KIND UPON DISCHARGE ON MEDICAL SURVEY SHOULD HAVE THEIR RIGHTS IN THE MATTER DETERMINED ON A DIFFERENT BASIS. SINCE BOSTON WAS THE HOME OF THE MAN AT THE TIME HE WAS INDUCTED INTO THE NAVY AND AT THE TIME HE ENLISTED IN THE NAVAL RESERVE, HE IS ENTITLED TO TRANSPORTATION AND SUBSISTENCE IN KIND FROM SAN FRANCISCO TO BOSTON.

(7)WOULD THE ANSWERS TO THE FOREGOING QUESTIONS DIFFER IF THE MAN IN QUESTION HAD ENLISTED IN THE REGULAR NAVY ( USN-SV) INSTEAD OF HAVING ENLISTED IN CLASS V-6, USNR-SV? IN ANSWERING THIS QUESTION INSOFAR AS IT DEALS WITH QUESTION (5) ABOVE IT IS REQUESTED THAT THE COMPTROLLER GENERAL DISREGARD THE PARENTHETICAL STATEMENT RE STATUTORY AGE FOR ENLISTMENT, AND TAKE INTO CONSIDERATION THE INSTRUCTIONS IN ARTICLE D 9109, BUREAU OF NAVAL PERSONNEL MANUAL WHICH ARE THE ADMINISTRATIVE REGULATIONS GOVERNING DETERMINATION OF UNDERAGE ENLISTMENTS IN THE REGULAR NAVY.

THE ANSWER TO QUESTIONS (1) TO (6) CONTAINED IN PARAGRAPH 5 OF THE SAID LETTER OF MAY 5, 1945, WOULD BE THE SAME IF THE INDUCTEE HAD ENLISTED IN THE REGULAR NAVY.

(6) IT IS ALSO REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER, ON THE BASIS OF THE FACTS SET FORTH BELOW, THE MAN IN QUESTION IS ENTITLED TO TRAVEL ALLOWANCE FROM SAN FRANCISCO TO (1) CHARLOTTESVILLE, VIRGINIA; (2) RICHMOND, VIRGINIA, OR (3) SAN DIEGO, CALIFORNIA.

(A) MAN REPORTED TO LOCAL DRAFT BOARD AT CHARLOTTESVILLE, VIRGINIA ON 9 SEPTEMBER 1943, WAS TRANSFERRED TO NAVY RECRUITING STATION, RICHMOND, VIRGINIA WHERE HE WAS INDUCTED INTO THE NAVAL SERVICE AS AS, USN-I. ON 29 JANUARY 1944 MAN CHOSE TO EXERCISE ELECTION OF ENLISTING IN THE NAVAL RESERVE AND ON THAT DATE VOLUNTARILY ENLISTED IN CLASS V 6, USNR-SV AT NAVAL TRAINING STATION, SAN DIEGO, CALIFORNIA. ON 30 NOVEMBER 1944 MAN WAS DISCHARGED FROM THE NAVAL RESERVE AT SAN FRANCISCO, CALIFORNIA FOR CONVENIENCE OF GOVERNMENT.

THE SITUATION HERE INVOLVED IS THE SAME AS THAT INVOLVED IN QUESTION (1) CONTAINED IN PARAGRAPH 5 OF THE LETTER OF MAY 5, 1945, SUPRA, EXCEPT THAT HERE THE INDUCTEE, INSTEAD OF ENLISTING IN THE NAVAL RESERVE IMMEDIATELY FOLLOWING HIS INDUCTION, WAITED OVER FOUR AND ONE HALF MONTHS AFTER HIS INDUCTION BEFORE SO ENLISTING. HOWEVER, SUCH DELAY IN EXERCISING HIS OPTION TO ENLIST IN THE NAVAL RESERVE DID NOT CHANGE HIS SITUATION INSOFAR AS CONTINUOUS SERVICE IS CONCERNED. ACCORDINGLY, HE WOULD BE ENTITLED TO TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM SAN FRANCISCO, CALIFORNIA, TO CHARLOTTESVILLE, VIRGINIA, THE LOCATION OF THE LOCAL BOARD WHERE HE FIRST REPORTED FOR DELIVERY TO AN INDUCTION STATION.