B-62035, DECEMBER 13, 1946, 26 COMP. GEN. 411

B-62035: Dec 13, 1946

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ENLISTED IN THE REGULAR MARINE CORPS IS ENTITLED TO THE FURLOUGH TRAVEL ALLOWANCE OTHERWISE PAYABLE UNDER SECTION 6 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945 TO PERSONS ENLISTING OR REENLISTING IN THE REGULAR SERVICES FOLLOWING DISCHARGE OR RELEASE FROM THE ARMED FORCES ON OR AFTER SAID DATE. WHICH IS APPLICABLE ONLY TO ENLISTED MEN. ARE INAPPLICABLE TO REQUIRE DEDUCTION OF MILEAGE PAID AN OFFICER IN CONNECTION WITH RELEASE OR DISCHARGE FROM SERVICE. REQUESTING DECISION WHETHER PAYMENT THEREON IS AUTHORIZED. THAT HE WAS RELEASED FROM ACTIVE DUTY ON JULY 3. WAS PAID MILEAGE FROM CHERRY POINT. HE WAS GRANTED A REENLISTMENT FURLOUGH OF 60 DAYS AND WAS TRANSFERRED TO MARINE CORPS AIR DEPOT.

B-62035, DECEMBER 13, 1946, 26 COMP. GEN. 411

FURLOUGH TRAVEL ALLOWANCE - OFFICERS ENLISTING IN REGULAR SERVICE A MARINE CORPS RESERVE OFFICER WHO, FOLLOWING RELEASE FROM ACTIVE DUTY AFTER JUNE 1, 1945, ENLISTED IN THE REGULAR MARINE CORPS IS ENTITLED TO THE FURLOUGH TRAVEL ALLOWANCE OTHERWISE PAYABLE UNDER SECTION 6 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945 TO PERSONS ENLISTING OR REENLISTING IN THE REGULAR SERVICES FOLLOWING DISCHARGE OR RELEASE FROM THE ARMED FORCES ON OR AFTER SAID DATE; HOWEVER, THE PROVISIONS OF SAID SECTION REQUIRING DEDUCTION FROM THE FURLOUGH TRAVEL ALLOWANCE OF THE TRAVEL ALLOWANCE PAYABLE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT, WHICH IS APPLICABLE ONLY TO ENLISTED MEN, ARE INAPPLICABLE TO REQUIRE DEDUCTION OF MILEAGE PAID AN OFFICER IN CONNECTION WITH RELEASE OR DISCHARGE FROM SERVICE.

ASSISTANT COMPTROLLER GENERAL YATES TO MAJ. G. H. PARRISH, U.S. MARINE CORPS, DECEMBER 13, 1946:

THERE HAS BEEN RECEIVED BY INDORSEMENT DATED NOVEMBER 18, 1946, YOUR LETTER OF OCTOBER 10, 1946, TRANSMITTING A VOUCHER STATED IN FAVOR OF MASTER TECHNICAL SERGEANT IRA VAUGHN AINSWORTH, USMC, COVERING FURLOUGH TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM NEW YORK CITY, NEW YORK, TO USMCAS, MIRAMAR, SAN DIEGO, CALIFORNIA, VIA LUBBOCK, TEXAS, AND REQUESTING DECISION WHETHER PAYMENT THEREON IS AUTHORIZED.

IT APPEARS THAT SERGEANT AINSWORTH ACCEPTED AN APPOINTMENT AS A SECOND LIEUTENANT, USMCR, ON OCTOBER 31, 1945; THAT HE WAS RELEASED FROM ACTIVE DUTY ON JULY 3, 1946, AND WAS PAID MILEAGE FROM CHERRY POINT, NORTH CAROLINA, TO MADERA, CALIFORNIA, IN THE SUM OF $211.67; THAT HE RESIGNED HIS COMMISSION AT NEW YORK ON JULY 8; AND THAT HE ENLISTED IN THE U.S. MARINE CORPS THE FOLLOWING DAY. BY ORDERS, UNITED STATES MARINE CORPS, NORTHEASTERN RECRUITING DIVISION, DISTRICT HEADQUARTERS RECRUITING STATION, NEW YORK 17, NEW YORK, DATED JULY 9, 1946, HE WAS GRANTED A REENLISTMENT FURLOUGH OF 60 DAYS AND WAS TRANSFERRED TO MARINE CORPS AIR DEPOT, MIRAMAR, SAN DIEGO, CALIFORNIA, WITH DIRECTION TO REPORT TO THE COMMANDING GENERAL THEREAT NOT LATER THAN 8 A.M., SEPTEMBER 7, 1946. IS STATED THAT HIS ADDRESS WHILE ON FURLOUGH WAS LUBBOCK, TEXAS. YOU EXPRESS DOUBT WHETHER THE MILEAGE PAID SHOULD BE CONSIDERED AS A TRAVEL ALLOWANCE PAID UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT, 39 STAT. 217, AND IF SO, WHETHER THE DEDUCTION FROM THE AMOUNT OTHERWISE DUE AS FURLOUGH TRAVEL ALLOWANCE SHOULD BE AT THE RATE OF 8 CENTS OR 5 CENTS PER MILE.

SECTION 6 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 539, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

EVERY PERSON DISCHARGED OR RELEASED FROM THE MILITARY OR NAVAL FORCES ON OR AFTER JUNE 1, 1945, WHO ENLISTS OR REENLISTS IN THE REGULAR MILITARY OR NAVAL ESTABLISHMENT (IRRESPECTIVE OF THE SERVICE FROM WHICH DISCHARGED OR RELEASED), AND WHO IS GRANTED A REENLISTMENT FURLOUGH OR LEAVE, SHALL BE PAID IN ADVANCE AT HIS OPTION, AT THE TIME SUCH FURLOUGH OR LEAVE BECOMES EFFECTIVE, A FURLOUGH TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS A MILE FOR THE DISTANCE BETWEEN HIS HOME OR SUCH OTHER PLACE AS, SUBJECT TO REGULATIONS PRESCRIBED BY THE SECRETARY OF THE DEPARTMENT CONCERNED, HE MAY SELECT, AND THE PLACE AT WHICH HE IS STATIONED WHEN THE FURLOUGH OR LEAVE BECOMES EFFECTIVE, AND FOR THE DISTANCE BETWEEN HIS HOME, OR OTHER PLACE SO SELECTED, AND THE PLACE AT WHICH HE IS ORDERED TO REPORT FOR DUTY AT THE TERMINATION OF THE FURLOUGH OR LEAVE. * * * NO MONETARY ALLOWANCE SHALL BE PAID UNDER THIS SECTION IF TRAVEL ALLOWANCE AT LEAST AS GREAT HAS BEEN PAID UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT UPON THE DISCHARGE OR RELEASE IMMEDIATELY PRECEDING THE ENLISTMENT OR REENLISTMENT, AND IF TRAVEL ALLOWANCE IN A LESSER AMOUNT HAS BEEN SO PAID UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT, THE MONETARY ALLOWANCE PROVIDED FOR IN THIS SECTION SHALL BE REDUCED BY THAT SO PAID UNDER SUCH SECTION 126. * * *

THE STATED PURPOSE OF THE CITED ACT OF OCTOBER 6, 1945, IS TO STIMULATE VOLUNTEER ENLISTMENTS IN THE REGULAR MILITARY AND NAVAL ESTABLISHMENTS OF THE UNITED STATES. THE ABOVE-QUOTED SECTION OF THAT ACT PROVIDES AS AN INDUCEMENT TO SUCH ENLISTMENTS, OR REENLISTMENTS, FOR A FURLOUGH TRAVEL ALLOWANCE TO PERSONNEL WHO ARE DISCHARGED OR RELEASED FROM THE ARMED FORCES ON AND AFTER JUNE 1, 1945, AND THE LANGUAGE USED THEREIN APPEARS SUFFICIENTLY CLEAR TO REQUIRE THE CONCLUSION THAT IT INCLUDES FORMER OFFICERS WHO HAVE BEEN RELEASED OR DISCHARGED ON AND AFTER JUNE 1, 1945. HOWEVER, SAID SECTION 6 REQUIRES DEDUCTION FROM THE FURLOUGH TRAVEL ALLOWANCE OTHERWISE PAYABLE THEREUNDER OF ONLY THE AMOUNT PAID AS TRAVEL ALLOWANCE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT, AND SINCE THIS SECTION OF THAT ACT APPLIES ONLY TO ENLISTED MEN, A FORMER OFFICER WHO ENLISTS IN THE REGULAR MARINE CORPS IS ENTITLED TO THE FURLOUGH TRAVEL ALLOWANCE OTHERWISE PAYABLE UNDER THE ACT OF OCTOBER 6, 1945, SUPRA, WITHOUT DEDUCTION THEREFROM OF ANY SUM WHICH MAY HAVE BEEN PAID HIM AS MILEAGE INCIDENT TO HIS RELEASE OR DISCHARGE FROM THE SERVICE AS AN OFFICER ON OR AFTER JUNE 1, 1945.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED IF OTHERWISE CORRECT, WITHOUT DEDUCTION OF ANY PART OF THE MILEAGE PAID SERGEANT AINSWORTH INCIDENT TO HIS RELEASE FROM THE SERVICE AS AN OFFICER.