B-6399, OCTOBER 25, 1939, 19 COMP. GEN. 451

B-6399: Oct 25, 1939

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IT WILL BE NECESSARY. WHERE THE APPLICATION FOR TRANSFER IS MADE MORE THAN 3 MONTHS AFTER THE EXTENSION OF ENLISTMENT OR REENLISTMENT. NO QUESTION WILL BE RAISED AS TO THE BONA FIDES OF THE EXTENSION OR REENLISTMENT. 19 COMP. WERE APPROVED BY THE COMPTROLLER GENERAL OF THE UNITED STATES IN DECISION OF APRIL 6. IMMEDIATELY RELEASED FROM ACTIVE DUTY IS ENTITLED TO TRAVEL ALLOWANCE AS OUTLINED IN PAR. 10 (A) FROM PLACE OF TRANSFER TO PLACE OF ACCEPTANCE FOR LAST ENLISTMENT.'. IT IS HELD THAT ALTHOUGH THE LAW ENTITLES AN ENLISTED MAN OF THE NAVY TO TRANSFER TO THE FLEET RESERVE "AT ANY TIME AFTER BECOMING QUALIFIED FOR TRANSFER. " THE LAW "DOES NOT AUTHORIZE TRAVEL ALLOWANCE BASED ON TRANSFER AT OTHER THAN EXPIRATION OF ENLISTMENT AS EXTENDED WHERE THE MAN WAS QUALIFIED FOR TRANSFER WHEN THE EXTENSION OF ENLISTMENT BECAME EFFECTIVE AND THE REQUEST FOR TRANSFER IS MADE SO SOON AFTER THE EXTENSION BECOMES EFFECTIVE AS TO SUGGEST THERE WAS IN FACT NO INTENTION TO SERVE A SUBSTANTIAL PORTION OF THE EXTENSION.'.

B-6399, OCTOBER 25, 1939, 19 COMP. GEN. 451

TRAVEL ALLOWANCE - TRANSFER TO FLEET RESERVE SOON AFTER REENLISTMENT OR EXTENSION OF ENLISTMENT WHERE A NAVY ENLISTED MAN APPLIES FOR TRANSFER TO THE FLEET RESERVE WITHIN 3 MONTHS FROM THE DATE OF HIS REENLISTMENT, OR EFFECTIVE DATE OF EXTENSION OF ENLISTMENT, AND HE HAD THE SERVICE ENTITLING HIM TO TRANSFER BEFORE HE REENLISTED OR EXTENDED HIS ENLISTMENT, IT WILL BE NECESSARY, IN ORDER TO ESTABLISH THE BONA FIDES OF THE REENLISTMENT OR EXTENSION FOR THE PURPOSE OF PAYING TRAVEL ALLOWANCE BASED ON THE TRANSFER, THAT THERE BE FURNISHED EVIDENCE THAT A CHANGED CONDITION IN THE MAN'S PERSONAL AFFAIRS, HIS FAMILY, OR DEPENDENTS, HAS ARISEN SINCE THE DATE OF ENLISTMENT OR EXTENSION OF ENLISTMENT OF A NATURE MAKING IT DESIRABLE AND NECESSARY THAT HE BE SO TRANSFERRED, BUT WHERE THE APPLICATION FOR TRANSFER IS MADE MORE THAN 3 MONTHS AFTER THE EXTENSION OF ENLISTMENT OR REENLISTMENT, NO QUESTION WILL BE RAISED AS TO THE BONA FIDES OF THE EXTENSION OR REENLISTMENT. 19 COMP. GEN. 225 AMPLIFIED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE ACTING SECRETARY OF THE NAVY, OCTOBER 25, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 2, 1939, AS FOLLOWS:

THE INSTRUCTIONS CONTAINED IN PARAGRAPH 11 (A) OF ARTICLE 2503, U.S. NAVY TRAVEL INSTRUCTIONS, WERE APPROVED BY THE COMPTROLLER GENERAL OF THE UNITED STATES IN DECISION OF APRIL 6, 1925, A-8659, WHICH INSTRUCTIONS PROVIDE AS FOLLOWS:

"A MAN TRANSFERRED TO THE FLEET RESERVE AT EXPIRATION OF ENLISTMENT IN THE REGULAR NAVAL SERVICE OR TRANSFERRED AT OTHER THAN EXPIRATION OF ENLISTMENT, AND IMMEDIATELY RELEASED FROM ACTIVE DUTY IS ENTITLED TO TRAVEL ALLOWANCE AS OUTLINED IN PAR. 10 (A) FROM PLACE OF TRANSFER TO PLACE OF ACCEPTANCE FOR LAST ENLISTMENT.'

IN THE ASSISTANT COMPTROLLER GENERAL'S DECISION OF AUGUST 17, 1939, B- 4519 (19 COMP. GEN. 225), IT IS HELD THAT ALTHOUGH THE LAW ENTITLES AN ENLISTED MAN OF THE NAVY TO TRANSFER TO THE FLEET RESERVE "AT ANY TIME AFTER BECOMING QUALIFIED FOR TRANSFER," THE LAW "DOES NOT AUTHORIZE TRAVEL ALLOWANCE BASED ON TRANSFER AT OTHER THAN EXPIRATION OF ENLISTMENT AS EXTENDED WHERE THE MAN WAS QUALIFIED FOR TRANSFER WHEN THE EXTENSION OF ENLISTMENT BECAME EFFECTIVE AND THE REQUEST FOR TRANSFER IS MADE SO SOON AFTER THE EXTENSION BECOMES EFFECTIVE AS TO SUGGEST THERE WAS IN FACT NO INTENTION TO SERVE A SUBSTANTIAL PORTION OF THE EXTENSION.'

THE ENLISTMENT OF THE MAN WHOSE CASE WAS CONSIDERED IN DECISION OF AUGUST 17, 1939, SUPRA, EXPIRED ON SEPTEMBER 5, 1938, AND HE WAS CREDITED WITH TRAVEL ALLOWANCE FROM PLACE OF EXPIRATION OF ENLISTMENT TO PLACE OF ACCEPTANCE FOR ENLISTMENT. HE HAD COMPLETED 20 YEARS' SERVICE PRIOR TO EXPIRATION OF ENLISTMENT AND WAS ELIGIBLE FOR TRANSFER TO THE FLEET RESERVE. HE EXTENDED HIS ENLISTMENT EFFECTIVE SEPTEMBER 6, 1938, APPLIED FOR TRANSFER TO THE FLEET RESERVE ON OCTOBER 4, 1938, AND HIS TRANSFER AND RELEASE FROM ACTIVE DUTY PURSUANT TO SUCH REQUEST WERE ACCOMPLISHED ON NOVEMBER 2, 1938, AFTER SERVICE OF 57 DAYS IN THE EXTENDED ENLISTMENT.

IN CONNECTION WITH THE FOREGOING, THE NAVY DEPARTMENT REQUESTS AN EXPRESSION OF YOUR VIEWS ON THE QUESTION AS TO WHAT IS CONSIDERED A REASONABLE TIME ELAPSING BETWEEN REENLISTMENT OR EXTENSION OF ENLISTMENT AND TRANSFER TO THE FLEET RESERVE TO ENTITLE AN ENLISTED MAN TO TRAVEL ALLOWANCE UPON TRANSFER TO THE FLEET RESERVE IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN PARAGRAPH 11 (A) OF ARTICLE 2503, U.S. NAVAL INSTRUCTIONS, WHERE 16 OR 20 YEARS' SERVICE HAD BEEN COMPLETED PRIOR TO SUCH REENLISTMENT OR EXTENSION OF ENLISTMENT. DETERMINATION OF THIS QUESTION IS NECESSARY IN ORDER THAT APPROPRIATE INSTRUCTIONS MAY BE ISSUED TO THE NAVAL SERVICE.

THE QUESTION IS NOT SO MUCH A MATTER OF A REASONABLE TIME ELAPSING BETWEEN REENLISTMENT OR EXTENSION OF ENLISTMENT AND TRANSFER TO THE FLEET RESERVE AS IT IS A MATTER OF THE BONA FIDE INTENTION OF THE MAN WHEN REENLISTING OR EXTENDING HIS ENLISTMENT TO SERVE ALL OR A SUBSTANTIAL PORTION OF THE ENLISTMENT OR EXTENSION.

WHERE THE ENLISTMENT OR EXTENSION OF ENLISTMENT IS BONA FIDE BUT MATTERS ARISING THEREAFTER, NOT ANTICIPATED WHEN THE REENLISTMENT OR EXTENSION OF ENLISTMENT OCCURRED, AFFECTING THE MAN PERSONALLY, HIS FAMILY, OR DEPENDENTS, SO AS TO MAKE IT DESIRABLE OR NECESSARY THAT HE BE RELIEVED FROM HIS ACTIVE NAVAL STATUS, THE BREVITY OF TIME ELAPSED BETWEEN REENLISTMENT OR EXTENSION OF ENLISTMENT AND APPLICATION FOR TRANSFER TO THE FLEET RESERVE IS NOT MATERIAL AS SHOWING A LACK OF BONA FIDE INTENTION TO SERVE DURING THE ENLISTMENT OR EXTENSION. IN OTHER CASES WHERE A MINIMUM PERIOD OF 3 MONTHS ELAPSES BETWEEN THE DATE OF ENLISTMENT OR EFFECTIVE DATE OF EXTENSION AND THE DATE OF MAKING APPLICATION FOR TRANSFER TO THE FLEET RESERVE, THE INTENTION OF THE MAN TO SERVE ALL OR A SUBSTANTIAL PORTION OF THE ENLISTMENT OR EXTENSION OF ENLISTMENT MAY BE IMPLIED. ACCORDINGLY, WHERE THE APPLICATION FOR TRANSFER TO THE FLEET RESERVE IS MADE WITHIN 3 MONTHS FROM THE DATE OF ENLISTMENT, OR EFFECTIVE DATE OF EXTENSION OF ENLISTMENT, BY A MAN HAVING THE SERVICE ENTITLING HIM TO TRANSFER BEFORE REENLISTING OR EXTENDING HIS ENLISTMENT, IT WILL BE NECESSARY TO ESTABLISH A RIGHT TO TRAVEL ALLOWANCE BASED ON THE TRANSFER THAT THERE BE FURNISHED EVIDENCE THAT A CHANGED CONDITION IN THE MAN'S PERSONAL AFFAIRS, HIS FAMILY, OR DEPENDENTS, HAS ARISEN SINCE THE DATE OF ENLISTMENT OR EXTENSION OF ENLISTMENT OF A NATURE MAKING IT DESIRABLE AND NECESSARY THAT THE MAN BE TRANSFERRED TO THE FLEET RESERVE. WHERE THE APPLICATION FOR TRANSFER IN SUCH A CASE IS MADE MORE THAN 3 MONTHS AFTER THE EXTENSION OF ENLISTMENT OR REENLISTMENT, NO QUESTION WILL BE RAISED AS TO THE BONA FIDES OF THE EXTENSION OR REENLISTMENT.