B-91297, DEC 23, 1949

B-91297: Dec 23, 1949

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YOUR FIRST QUESTION IS WHETHER THE FOLLOWING PROVISIONS OF LAW WERE REPEALED BY THE APPLICABLE PROVISIONS OF THE SAID CAREER COMPENSATION ACT OF 1949. 10 U.S.C. 919: "THAT PERSONS WHO ARE HEREAFTER DISCHARGED FROM THE ARMY OF THE UNITED STATES ON ACCOUNT OF FRAUDULENT ENLISTMENT MAY. THE COST SHALL NOT BE GREATER THAN TO THE PLACE WHERE HE WAS SELECTED FOR ENROLLMENT IN THE CIVILIAN CONSERVATION CORPS.". ENLISTED PERSONS WHO HERETOFORE HAVE SECURED OR HEREAFTER APPLICATIONS FOR ENLISTMENT AND HAVE THEREFORE BEEN ENLISTED WHILE DISCHARGED OR RELEASED SUCH ENLISTED PERSONS SHALL BE FURNISHED TRANSPORTATION IN KIND AND SUBSISTENCE FROM THE PLACE OF DISCHARGE TO THEIR HOME. WHENEVER THE COAST GUARD IS OPERATING AS A PART OF THE NAVY THE PROVISIONS OF THIS ACT SHALL BE APPLICABLE TO PERSONNEL OF THE COAST GUARD.

B-91297, DEC 23, 1949

PRECIS-UNAVAILABLE

THE HONORABLE, THE SECRETARY OF THE ARMY:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 9, 1949, TRANSMITTED TO THIS OFFICE BY THE SECRETARY OF DEFENSE UNDER DATE OF DECEMBER 14, 1949, WHEREIN YOU REQUEST DECISION ON TWO QUESTIONS ARISING UNDER THE CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, APPROVED OCTOBER 12, 1949.

YOUR FIRST QUESTION IS WHETHER THE FOLLOWING PROVISIONS OF LAW WERE REPEALED BY THE APPLICABLE PROVISIONS OF THE SAID CAREER COMPENSATION ACT OF 1949.

(A) THE ACT OF MARCH 7, 1942, 56 STAT. 140, 10 U.S.C. 919:

"THAT PERSONS WHO ARE HEREAFTER DISCHARGED FROM THE ARMY OF THE UNITED STATES ON ACCOUNT OF FRAUDULENT ENLISTMENT MAY, UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR SHALL PRESCRIBE, UPON DISCHARGE, BE ALLOWED AND PAID, IN THOSE CASES IN WHICH SUCH PERSONS WOULD OTHERWISE BE WITHOUT FUNDS TO MEET THEIR IMMEDIATE NEEDS, A SUM NOT EXCEEDING $10.00, AND BE FURNISHED TRANSPORTATION IN KIND FROM THE PLACE OF DISCHARGE TO THEIR HOMES, OR ELSEWHERE AS THEY MAY ELECT, THE COST IN EACH CASE NOT TO BE GREATER THAN TO THE PLACE OF INDUCTION OR OF LAST ENLISTMENT, EXCEPT THAT IN THE CASE OF A PERSON INDUCTED INTO THE ARMY UNDER THE SELECTIVE TRAINING LOCATION OF THE LOCAL BOARD WHERE HE FIRST REPORTED FOR DELIVERY TO AN INDUCTION STATION, OR IN THE CASE OF A CIVILIAN CONSERVATION CORPS ENROLLEE SO INDUCTED, THE COST SHALL NOT BE GREATER THAN TO THE PLACE WHERE HE WAS SELECTED FOR ENROLLMENT IN THE CIVILIAN CONSERVATION CORPS."

(B) THE ACT OF SEPTEMBER 24, 1945, 59 STAT. 536, 34 U.S.C. 900 (A), (B):

"THAT THE SECRETARY OF THE NAVY, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, MAY DISCHARGE OR RELEASE FROM THE NAVY, MARINE CORPS, AND THE RESERVE COMPONENTS THEREOF, WITH PAY AND ALLOWANCES AND DISCHARGE CERTIFICATE FOUND APPROPRIATE FOR THEIR SERVICE AFTER ENLISTMENT, ENLISTED PERSONS WHO HERETOFORE HAVE SECURED OR HEREAFTER APPLICATIONS FOR ENLISTMENT AND HAVE THEREFORE BEEN ENLISTED WHILE DISCHARGED OR RELEASED SUCH ENLISTED PERSONS SHALL BE FURNISHED TRANSPORTATION IN KIND AND SUBSISTENCE FROM THE PLACE OF DISCHARGE TO THEIR HOME.

"SECTION 2. WHENEVER THE COAST GUARD IS OPERATING AS A PART OF THE NAVY THE PROVISIONS OF THIS ACT SHALL BE APPLICABLE TO PERSONNEL OF THE COAST GUARD, EXCLUSIVE OF TEMPORARY MEMBERS OF THE COAST GUARD RESERVE ON ACTIVE DUTY WITHOUT FULL MILITARY PAY AND ALLOWANCES. WHEN THE COAST GUARD IS OPERATING UNDER THE TREASURY DEPARTMENT, THE POWERS CONFERRED UPON THE SECRETARY OF THE NAVY IN SECTION 1 OF THIS ACT SHALL BE VESTED IN THE SECRETARY OF THE TREASURY."

SEE ALSO IN THIS CONNECTION SECTION 473 OF THE ACT OF AUGUST 4, 1949 (63 STAT. 495), REVISING AND CODIFYING TITLE 14 U.S.C. WHICH HAS THE SAME EFFECT AS SECTION 2 OF THE ACT QUOTED IMMEDIATELY ABOVE.

(C) THE ACT OF JUNE 27, 1944, 58 STAT. 392, 37 U.S.C. 117(A):

"A PERSON ENTERING THE UNITED STATES MILITARY ACADEMY AS A CADET SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FOR ALL TRAVEL WHICH HE ACTUALLY PERFORMS, AND WHICH HE CERTIFIES HE HAS ACTUALLY PERFORMED, WHILE PROCEEDING TO THE UNITED STATES MILITARY ACADEMY FOR ADMISSION AS A CADET, NOT IN EXCESS OF THE DISTANCE BY THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN THE PLACE WHICH HE CERTIFIES WAS HIS ACTUAL PERMANENT PLACE OF ABODE OR HOME, SCHOOL, OR ARMY STATION AT THE TIME SUCH TRAVEL WAS COMMENCED AND THE UNITED STATES MILITARY ACADEMY; PROVIDED, THAT A PERSON DISCHARGED FROM THE ARMED FORCES TO ENTER THE UNITED STATES MILITARY ACADEMY SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FOR TRAVEL PERFORMED NOT IN EXCESS OF THE DISTANCE BY THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN THE PLACE OF DISCHARGE AS CERTIFIED BY HIM AND THE UNITED STATES MILITARY ACADEMY; PROVIDED FURTHER, THAT NO TRAVEL ALLOWANCE SHALL BE PAYABLE UNDER THIS SECTION FOR TRAVEL PERFORMED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. ***"

(D) SECTION 20 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 855, 37 U.S.C. 117A -1:

"(A). CANDIDATES FOR APPOINTMENT AS MIDSHIPMEN AT THE NAVAL ACADEMY OR AS CADETS AT THE COAST GUARD ACADEMY SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FOR TRAVEL PERFORMED WHILE PROCEEDING FROM THEIR HOMES OR DUTY STATIONS TO THE NAVAL ACADEMY OR THE COAST GUARD ACADEMY FOR EXAMINATION AND APPOINTMENT.

"(B) MIDSHIPMEN AND CADETS DISCHARGED OR DISMISSED FROM THE NAVAL ACADEMY OR THE COAST GUARD ACADEMY SHALL BE FURNISHED TRANSPORTATION IN KIND AND SUBSISTENCE FROM THE PLACE OF DISCHARGE TO THEIR HOMES."

(E) THE ACT OF MARCH 2, 1901, 31 STAT. 895, AT PAGE 902:

"*** THAT HEREAFTER WHEN AN OFFICER SHALL BE DISCHARGED FROM THE SERVICE, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, HE SHALL RECEIVE FOR TRAVEL ALLOWANCES FROM THE PLACE OF HIS DISCHARGE TO THE PLACE OF HIS RESIDENCE AT THE TIME OF HIS APPOINTMENT OR TO THE PLACE OF HIS ORIGINAL MUSTER INTO THE SERVICE, 4 CENTS PER MILE ***."

(F) SECTION 1612 OF THE REVISED STATUTES, 34 U.S.C. 971:

"THE OFFICERS OF THE MARINE CORPS SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES, AND THE ENLISTED MEN SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND BOUNTY FOR REENLISTING, AS ARE OR MAY BE PROVIDED BY OR IN PURSUANCE OF LAW FOR THE OFFICERS AND ENLISTED MEN OF LIKE GRADES IN THE INFANTRY OF THE ARMY."

(G) SECTION 576(B) OF THE ACT OF AUGUST 4, 1949, REVISING AND CODIFYING TITLE 14 OF THE U.S.CODE, RELATING TO THE COAST GUARD:

"THE COMMANDANT MAY TRANSPORT TO THEIR HOMES OR PLACES OF ENLISTMENT, AS HE MAY DESIGNATE, ALL DISCHARGED PRISONERS; THE EXPENSE OF SUCH TRANSPORTATION SHALL BE PAID OUT OF ANY MONEY TO THE CREDIT OF PRISONERS WHEN DISCHARGED."

APPARENTLY SECTION 1612, REVISED STATUTES, WAS INCLUDED IN YOUR LETTER THROUGH INADVERTENCE, SINCE SUCH SECTION WAS EXPRESSLY REPEALED (EFFECTIVE OCTOBER 1, 1949) BY SECTION 531(B)(8) OF THE CAREER COMPENSATION ACT OF 1949, SUPRA. WITH RESPECT TO THE REMAINING STATUTORY PROVISIONS QUOTED ABOVE, SECTION 531(A) OF THE ACT PROVIDES, IN PERTINENT PART, THAT--

"ALL ACTS OR PARTS OF ACTS INCONSISTENT WITH THE PROVISIONS OF THIS ACT ARE HEREBY REPEALED ON THE DATE SUCH PROVISIONS OF THIS ACT BECOME EFFECTIVE, AND THE PROVISIONS OF THIS ACT SHALL BE IN EFFECT IN LIEU THEREOF ***."

SECTION 303 OF THE SAID 1949 ACT PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"SEC. 303. (A) UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS (1) UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY REGARDLESS OF THE LENGTH OF TIME AWAY FROM SUCH DESIGNATED POSTS OF DUTY, (2) UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, OR INDUCTION, FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION, AND (3) UPON SEPARATION FROM THE SERVICE, PLACEMENT UPON THE TEMPORARY DISABILITY RETIRED LIST, RELEASE FROM ACTIVE DUTY, OR RETIREMENT, FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, REGARDLESS OF THE FACT THAT SUCH MEMBER MAY NOT BE A MEMBER OF THE UNIFORMED SERVICES AT THE TIME HIS TRAVEL IS PERFORMED OR IS TO BE PERFORMED. ALLOWANCES ABOVE AUTHORIZED MAY BE PAID WITHOUT REGARD TO THE COMPARATIVE COSTS OF THE VARIOUS MODES OF TRANSPORTATION. THE RESPECTIVE SECRETARIES CONCERNED MAY PRESCRIBE (1) THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED, INCLUDING ADVANCE PAYMENTS THEREOF, AND (2) THE ALLOWANCES FOR TYPES OF TRAVEL NOT TO EXCEED AMOUNTS HEREIN AUTHORIZED. THE TRAVEL AND TRANSPORTATION ALLOWANCES WHICH SHALL BE AUTHORIZED FOR EACH TYPE OF TRAVEL SHALL BE LIMITED TO ONE OF THE FOLLOWING: (1) TRANSPORTATION IN KIND, REIMBURSEMENT THEREFORE, OR A MONETARY ALLOWANCE IN LIEU OF COST OF TRANSPORTATION AT A RATE NOT IN EXCESS OF 7 CENTS PER MILE BASED ON DISTANCES ESTABLISHED OR TO BE ESTABLISHED OVER THE SHORTEST USUALLY TRAVELED ROUTES, IN ACCORDANCE WITH MILEAGE TABLES PREPARED BY THE CHIEF OF FINANCE OF THE DEPARTMENT OF THE ARMY UNDER THE DIRECTION OF THE SECRETARY OF THE ARMY, (2) TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE AS PROVIDED IN (1) OF THIS SENTENCE, PLUS A PER DIEM IN LIEU OF SUBSISTENCE NOT TO EXCEED "9 PER DAY, OR (3) FOR TRAVEL WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES A MILEAGE ALLOWANCE OF NOT EXCEEDING 10 CENTS PER MILE BASED ON DISTANCES ESTABLISHED OR TO BE ESTABLISHED PURSUANT TO EXISTING LAW: PROVIDED, THAT THE TRAVEL AND TRANSPORTATION ALLOWANCES UNDER CONDITIONS AUTHORIZED HEREIN FOR SUCH MEMBERS MAY BE PAID ON SEPARATION FROM THE SERVICE, OR RELEASE FROM ACTIVE DUTY, REGARDLESS OF WHETHER OR NOT SUCH MEMBER PERFORMS THE TRAVEL INVOLVED.

"(E) CADETS OF THE UNITED STATES MILITARY ACADEMY, MIDSHIPMEN OF THE UNITED STATES NAVAL ACADEMY, CADETS OF THE UNITED STATES COAST GUARD ACADEMY, APPLICANTS FOR ENLISTMENT, REJECTED APPLICANTS, GENERAL PRISONERS, DISCHARGED PRISONERS, INSANE PATIENTS TRANSFERRED FROM MILITARY HOSPITALS TO OTHER HOSPITAL OR THEIR HOME, AND PERSONS DISCHARGED FROM SAINT ELIZABETHS HOSPITAL AFTER TRANSFER FROM ONE OF THE UNIFORMED SERVICES, SHALL BE ENTITLED TO RECEIVE SUCH TRAVEL AND TRANSPORTATION ALLOWANCES AS ARE PROVIDED IN SUBSECTION (A) OF THIS SECTION, AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, DUE CONSIDERATION BEING GIVEN TO THE RIGHTS OF THE GOVERNMENT AS WELL AS THOSE OF THE INDIVIDUAL IN THE PROMULGATION OF REGULATIONS PRESCRIBING SAID ALLOWANCES."

IT WILL BE NOTED THAT SUBSECTION (A) OF SECTION 303 PROVIDES, INTER ALIA, THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS UPON APPOINTMENT, FROM HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION; AND, UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY, FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, REGARDLESS OF THE FACT THAT SUCH MEMBER MAY NOT BE A MEMBER OF THE UNIFORMED SERVICES AT THE TIME HIS TRAVEL IS PERFORMED OR IS TO BE PERFORMED. IT FURTHER PROVIDES THAT THE RESPECTIVE SECRETARIES CONCERNED MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED AND THE ALLOWANCES FOR TYPES OF TRAVEL NOT TO EXCEED THE AMOUNTS THEREIN AUTHORIZED.

ALSO SUBSECTION (E) OF SECTION 303 PROVIDES THAT, AMONG OTHERS, CADETS OF THE UNITED STATES MILITARY ACADEMY, MIDSHIPMEN OF THE UNITED STATES NAVAL ACADEMY, CADETS OF THE UNITED STATES COAST GUARD ACADEMY, GENERAL PRISONERS, AND DISCHARGED PRISONERS SHALL BE ENTITLED TO RECEIVE SUCH TRAVEL AND TRANSPORTATION ALLOWANCES AS ARE PROVIDED IN SUBSECTION (A) OF THAT SECTION, AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED.

UNDER SUCH BROAD PROVISIONS OF LAW THE RESPECTIVE SECRETARIES ARE AUTHORIZED, SUBJECT TO THE CONDITIONS AND LIMITATIONS CONTAINED IN THE LAW, TO PRESCRIBE THE TRAVEL AND TRANSPORTATION ALLOWANCES TO BE PAID TO MEMBER OF THE UNIFORMED SERVICES, INCLUDING CADETS AND MIDSHIPMEN AT THE RESPECTIVE ACADEMIES, INCIDENT TO APPOINTMENT IN THE SERVICE AND INCIDENT TO SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY, REGARDLESS OF WHETHER OR NOT SUCH SEPARATION OR RELEASE IS UNDER HONORABLE CONDITIONS. SUCH PROVISIONS SEEM CLEARLY TO BE INCONSISTENT WITH, AND THEREFORE ON THE DATE THAT THEY BECOME EFFECTIVE THEY WILL CONSUMMATE THE REPEAL OF, THE ABOVE-QUOTED PROVISIONS OF THE ACT OF MARCH 7, 1942; THE ACT OF SEPTEMBER 24, 1945; SECTION 473 OF THE ACT OF AUGUST 4, 1949; THE ACT OF JUNE 27, 1944; SECTION 20 OF THE ACT OF AUGUST 2, 1946; THE ACT OF MARCH 2, 1901, AND SECTION 576(B) OF THE ACT OF AUGUST 4, 1949. YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY.

YOUR SECOND QUESTION IS, WHETHER YOU LEGALLY MAY ISSUE INSTRUCTIONS PROVIDING FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES AFTER DECEMBER 31, 1949, IN ACCORDANCE WITH, AND UNDER, THE PROVISIONS OF LAW IN EFFECT ON THAT DATE, SUCH INSTRUCTIONS APPARENTLY TO REMAIN IN EFFECT UNTIL THE ISSUANCE OF THE REGULATIONS CONTEMPLATED BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949.

SECTION 303(H) OF THE ACT PROVIDES AS FOLLOWS:

"REGULATIONS SHALL BE PROMULGATED BY THE SECRETARIES OF THE UNIFORMED SERVICES, AS PROVIDED HEREIN, AND SUCH REGULATIONS SHALL BE UNIFORM FOR ALL SERVICES INSOFAR AS PRACTICABLE: PROVIDED, SUCH REGULATIONS HAVE BEEN ISSUED: PROVIDED FURTHER, THAT NOTHING CONTAINED IN THIS ACT SHALL PRECLUDE THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES UNDER PROVISIONS OF LAW IN EFFECT ON THE DAY PRIOR TO THE EFFECTIVE DATE OF THIS ACT, UNTIL SUCH REGULATIONS ARE ISSUED PURSUANT TO THIS SUBSECTION."

ON "THE DAY PRIOR TO THE EFFECTIVE DATE" OF THE CAREER COMPENSATION ACT OF 1949, THAT IS ON SEPTEMBER 30, 1949, TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES WERE AUTHORIZED UNDER VARIOUS PROVISIONS OF LAW, THE BROADEST AND MOST IMPORTANT OF WHICH PROBABLY ARE THESE CONTAINED IN SECTION 10 (IN PART) AND SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 (APPROVED JUNE 16, 1942), AS AMENDED, 37 U.S.C., 110, 112. SECTIONS 531(C) AND 533(C) OF THE SAID 1949 ACT EXPRESSLY PROVIDE FOR THE REPEAL, EFFECTIVE JANUARY 1, 1950, OF MOST OF THE PROVISIONS OF LAW RELATING TO SUCH TRAVEL AND TRANSPORTATION ALLOWANCES INCLUDING: "THAT PART OF PARAGRAPH 1 OF SECTION 10 OF THE ACT OF JUNE 16, 1942, (56 STAT. 363; 37 U.S.C. 110), AS AMENDED, WHICH RELATES TO ENLISTED PERSONNEL IN A TRAVEL STATUS, AND SECTION 12 OF SUCH ACT (56 STAT. 364; 37 U.S.C. 112), AS AMENDED." WHILE THE SAID SECTIONS 531(C) AND 533(C) ARE EXPLICIT IN TERMS AND EXPRESSLY FIX JANUARY 1, 1950, AS THE EFFECTIVE DATE OF THE REPEAL OF THE GREAT MAJORITY OF THE OLD STATUTORY PROVISIONS RELATING TO TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES, SUCH SECTIONS OF THE 1949 ACT MUST BE READ IN CONJUNCTION WITH, AND THEIR EFFECT CONSTRUED IN THE LIGHT OF, THE FINAL PROVISO OF SECTION 303(H) OF THE SAME ACT, SUPRA, WHICH SAYS THAT "NOTHING CONTAINED IN THIS ACT SHALL PRECLUDE THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES UNDER PROVISIONS OF LAW IN EFFECT ON THE DAY PRIOR TO THE EFFECTIVE DATE OF THIS ACT, UNTIL *** REGULATIONS ARE ISSUED PURSUANT TO THIS SUBSECTION."

TO HOLD THAT THE VARIOUS PROVISIONS OF LAW SET FORTH IN SECTION 531(C) WILL STAND REPEALED ABSOLUTELY AND UNQUALIFIEDLY ON JANUARY 1, 1950, AND THAT NO PAYMENT LEGALLY MAY BE MADE UNDER SUCH PROVISIONS IN CASES ARISING AFTER THAT DATE WOULD BE TO DENY THE PLAIN IMPORT OF THE LANGUAGE OF THE FINAL PROVISO OF SECTION 303(H), SUPRA, AND WOULD HAVE THE STRANGE, OVER ABSURD, RESULT THAT THERE WOULD BE NO LEGAL AUTHORITY, AT LEAST IN THE GREAT MAJORITY OF CASES, FOR TRANSPORTATION AND TRAVEL ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES BEGINNING JANUARY 1, 1950, AND CONTINUING INDEFINITELY UNTIL SUCH TIME AS APPROPRIATE REGULATIONS MAY BE ISSUED UNDER THE NEW STATUTE. THE SAID FINAL PROVISO IN SECTION 303(H) MUST HAVE BEEN INTENDED TO PREVENT THAT RESULT IN ANY EVENT.

SUCH CONSIDERATIONS IMPEL ME TO CONCLUDE THAT UNLESS THE REGULATIONS CONTEMPLATED BY SECTION 303(H), SUPRA, ARE ISSUED ON OR BEFORE JANUARY 1, 1950, AND UNTIL SUCH REGULATIONS ARE ISSUED, PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES ARE REQUIRED TO BE MADE AFTER THAT DATE UNDER PROVISIONS OF LAW IN EFFECT ON SEPTEMBER 30, 1949. YOUR SECOND QUESTION IS ANSWERED ACCORDINGLY.