B-86843, JULY 1, 1949, 29 COMP. GEN. 6

B-86843: Jul 1, 1949

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FURLOUGH TRAVEL ALLOWANCE - TRAVEL ALLOWANCE DEDUCTION REQUIREMENT A MARINE CORPS RESERVE ENLISTED MAN WHO WAS DISCHARGED FOR THE PURPOSE OF IMMEDIATE ENLISTMENT IN THE REGULAR MARINE CORPS WITHOUT BEING PAID A TRAVEL ALLOWANCE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT INCIDENT TO SUCH DISCHARGE. IS ENTITLED TO THE FURLOUGH TRAVEL ALLOWANCE PROVIDED BY SECTION 6 OF THE ACT OF OCTOBER 6. WITHOUT THE NECESSITY OF DEDUCTING THEREFROM THE TRAVEL ALLOWANCE PREVIOUSLY PAID AS IS OTHERWISE REQUIRED BY SAID SECTION 6 IN THE CASE OF A TRAVEL ALLOWANCE PAID UPON DISCHARGE IMMEDIATELY PRECEDING ENLISTMENT. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH.

B-86843, JULY 1, 1949, 29 COMP. GEN. 6

FURLOUGH TRAVEL ALLOWANCE - TRAVEL ALLOWANCE DEDUCTION REQUIREMENT A MARINE CORPS RESERVE ENLISTED MAN WHO WAS DISCHARGED FOR THE PURPOSE OF IMMEDIATE ENLISTMENT IN THE REGULAR MARINE CORPS WITHOUT BEING PAID A TRAVEL ALLOWANCE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT INCIDENT TO SUCH DISCHARGE, BUT WHO HAD BEEN PAID A TRAVEL ALLOWANCE UPON A PRIOR DISCHARGE FROM A WARTIME ENLISTMENT, IS ENTITLED TO THE FURLOUGH TRAVEL ALLOWANCE PROVIDED BY SECTION 6 OF THE ACT OF OCTOBER 6, 1945, WITHOUT THE NECESSITY OF DEDUCTING THEREFROM THE TRAVEL ALLOWANCE PREVIOUSLY PAID AS IS OTHERWISE REQUIRED BY SAID SECTION 6 IN THE CASE OF A TRAVEL ALLOWANCE PAID UPON DISCHARGE IMMEDIATELY PRECEDING ENLISTMENT.

ASSISTANT COMPTROLLER GENERAL YATES TO MAJ. T. E. MURPHY, U.S. MARINE CORPS, JULY 1, 1949:

THERE HAS BEEN RECEIVED, BY FIRST ENDORSEMENT FROM THE OFFICE OF THE QUARTERMASTER GENERAL OF THE MARINE CORPS, YOUR LETTER OF MAY 19, 1949, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH, STATED IN FAVOR OF SERGEANT JOHN H. SCANLAN, USMC, FOR $49.75 UNDER THE CIRCUMSTANCES HEREINAFTER STATED.

IT APPEARS THAT SCANLAN ENLISTED ON JULY 16, 1942, IN THE MARINE CORPS RESERVE, AT CHICAGO, ILLINOIS, FOR THE DURATION OF THE NATIONAL EMERGENCY, AND WAS DISCHARGED THEREFROM AT THE MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA, ON DECEMBER 6, 1945, AT WHICH TIME HE WAS PAID TRAVEL ALLOWANCE INCIDENT TO SUCH DISCHARGE IN THE SUM OF $49.75; THAT HE REENLISTED IN THE MARINE CORPS RESERVE AT THE NAVAL AIR STATION, GLENVIEW, ILLINOIS, ON SEPTEMBER 19, 1946, FOR FOUR YEARS, SERVING ON CONTINUOUS ACTIVE DUTY UNTIL AUGUST 16, 1948, WHEN HE WAS DISCHARGED FOR THE PURPOSE OF IMMEDIATE ENLISTMENT IN THE REGULAR MARINE CORPS AND THAT HE SO ENLISTED THE FOLLOWING DAY. IT IS STATED THAT NO TRAVEL ALLOWANCE WAS PAID INCIDENT TO HIS DISCHARGE ON AUGUST 16, 1948, AND THAT FOLLOWING THE GRANTING OF REENLISTMENT LEAVE TO THE ENLISTED MAN COMMENCING DECEMBER 10, 1948, AT THE MARINE CORPS AIR STATION, EL TORO, SANTA ANA, CALIFORNIA, HE WAS CREDITED WITH FURLOUGH TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM SANTA ANA TO CHICAGO, ILLINOIS, HIS LEAVE ADDRESS, AND RETURN, LESS THE SUM OF $49.75 PAID TO HIM AS TRAVEL ALLOWANCE UPON DISCHARGE DECEMBER 6, 1945.

SECTION 6 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 539, PROVIDES THAT THE AMOUNT OF FURLOUGH TRAVEL ALLOWANCE PAYABLE UPON ENLISTMENT OR REENLISTMENT IN THE REGULAR MILITARY OR NAVAL ESTABLISHMENT UNDER AUTHORITY THEREOF SHALL BE REDUCED BY THE AMOUNT PAID AS TRAVEL ALLOWANCE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT "UPON THE DISCHARGE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT "UPON THE DISCHARGE OR RELEASE IMMEDIATELY PRECEDING THE ENLISTMENT OR REENLISTMENT.' WHILE IT LONG HAS BEEN HELD THAT THE DISCHARGE OF ENLISTED PERSONNEL BEFORE THE DATE OF NORMAL TERMINATION OF THEIR ENLISTMENT CONTRACT FOR THE PURPOSE OF PERMITTING ENLISTMENT IN ANOTHER BRANCH OF THE SERVICE IS NOT A DISCHARGE SUCH AS WOULD ENTITLE THE PERSONS INVOLVED TO TRAVEL ALLOWANCE UNDER SECTION 126 OF SAID NATIONAL DEFENSE ACT, AS AMENDED, 56 STAT. 1049, SEE 23 COMP. GEN. 808, AND CITED CASES, SUCH HOLDING IS NOT NECESSARILY CONTROLLING WITH RESPECT TO THE QUESTION HERE INVOLVED. THE STATED PURPOSE OF SAID ACT OF OCTOBER 6, 1945, WAS "TO STIMULATE VOLUNTEER ENLISTMENTS IN THE REGULAR MILITARY AND NAVAL ESTABLISHMENTS OF THE UNITED STATES," AND THE INDUCEMENTS PROVIDED THEREIN WERE OFFERED TO ENCOURAGE ELIGIBLE PERSONNEL TO CONTINUE THEIR MILITARY CAREERS IN THE REGULAR MILITARY AND NAVAL ESTABLISHMENTS. SUCH PERSONNEL INCLUDES NOT ONLY MEMBERS OF THE MILITARY AND NAVAL FORCES WHO ARE SEPARATED FROM THE SERVICE AS A MATTER OF RIGHT, BUT ALSO PERSONNEL, INCLUDING MEMBERS OF THE VARIOUS RESERVES, WHO ARE DISCHARGED FOR THE PURPOSE OF REENLISTING, UNDER CIRCUMSTANCES WHICH WOULD NOT GIVE RISE TO A RIGHT TO TRAVEL ALLOWANCE UPON SUCH DISCHARGE. THE "DISCHARGE OR RELEASE IMMEDIATELY PRECEDING THE ENLISTMENT OR REENLISTMENT" REFERRED TO IN THE STATUTE IS THE DISCHARGE OR RELEASE--- INCLUDING SEPARATION FROM THE SERVICE UNDER CIRCUMSTANCES WHICH WOULD NOT ENTITLE THE PERSON INVOLVED TO TRAVEL ALLOWANCE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT--- IMMEDIATELY PRECEDING THE ENLISTMENT OR REENLISTMENT IN THE REGULAR ESTABLISHMENTS OF THE ARMED FORCES. SINCE NO TRAVEL ALLOWANCE WAS PAID THE ENLISTED MAN INCIDENT TO HIS DISCHARGE ON AUGUST 16, 1948, NO DEDUCTION SHOULD HAVE BEEN MADE FROM THE AMOUNT OF FURLOUGH TRAVEL ALLOWANCE OTHERWISE ACCRUING TO HIM UNDER THE ACT OF OCTOBER 6, 1945.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.