MARCH 3, 1923, 2 COMP. GEN. 526

MARCH 3, 1923, 2 COMP. GEN. 526

TRAVEL ALLOWANCE - EXTENSION OF ENLISTMENT AN AGREEMENT BY AN ENLISTED MAN OF THE NAVY TO EXTEND HIS ENLISTMENT WHICH HAS ALREADY EXPIRED IS NOT SUCH AN EXTENSION AS AUTHORIZED BY THE ACT OF AUGUST 22, 1912, 37 STAT., 331, AND DOES NOT CONFER UPON THE ENLISTED MAN ANY RIGHT TO TRAVEL ALLOWANCE UNDER THE ACT OF JUNE 4, 1920, 41 STAT., 836.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 3, 1923:

CHANDLER REMEY FITTS, RADIOMAN, THIRD CLASS, UNITED STATES NAVY, APPLIED JANUARY 8, 1923, FOR REVIEW OF SETTLEMENT NO. N-E-72401, DATED DECEMBER 20, 1922, WHEREIN WAS ALLOWED $32.75 ON ACCOUNT OF HIS CLAIM FOR TRAVEL ALLOWANCE ON EXTENSION OF ENLISTMENT.

IT APPEARS THAT CLAIMANT ENROLLED IN THE RESERVE FORCE AT PROVINCETOWN, MASS., JULY 24, 1918; WAS RELEASED FROM ACTIVE DUTY OCTOBER 11, 1919; AND WAS TRANSFERRED TO THE REGULAR NAVY JANUARY 6, 1921, TO SERVE THE UNEXPIRED TERM OF HIS ENROLLMENT. HIS ENLISTMENT EXPIRED JULY 23, 1922, WHILE ON DUTY AT THE UNITED STATES NAVAL AIR BASE, PENSACOLA, FLA. HE WAS NOT DISCHARGED AT THE EXPIRATION OF HIS ENLISTMENT PERIOD, AND ON JULY 28 OR 29, 1922, WAS TRANSFERRED TO THE U.S.S. NEVADA FOR DUTY. WHILE SERVING ON SUCH VESSEL AT THE NAVY YARD, NORFOLK, VA., HE EXTENDED HIS ENLISTMENT ON AUGUST 9, 1922, FOR ONE YEAR FROM JULY 23, 1922.

IN THIS CONNECTION CLAIMANT STATES:

MY ENLISTMENT EXPIRED AT THE U.S.N. AIR BASE, PENSACOLA, FLA., JULY 23, 1922. WAS TRANSFERRED TO U.S.S. NEVADA FOR DUTY JULY 28, 1922, AND SOON DISCOVERED THAT MY ENLISTMENT HAD EXPIRED SEVENTEEN DAYS PREVIOUS. IT WAS THEN EXTENDED FOR ONE YEAR ON AUGUST NINTH BUT THE EXTENSION PAPERS WERE DATED FROM JULY 23D, 1922.

THE FACT THAT THE EXTENSION WAS NOT, IN FACT, ENTERED INTO UNTIL AFTER HIS TRANSFER TO THE NEVADA IS CORROBORATED BY THE REPORT OF THE PAYMASTER GENERAL OF THE NAVY IN THE MATTER OF DECEMBER 9, 1922, WHEREIN HE STATES THAT "CLAIMANT'S ENLISTMENT WAS EXTENDED FOR ONE YEAR FROM 23 JULY, 1922, ON BOARD THE U.S.S. NEVADA AT NORFOLK, VA.' AS CLAIMANT WAS NOT TRANSFERRED TO THE NEVADA UNTIL JULY 28 OR 29, 1922, WHICH WAS AFTER HIS ENLISTMENT PERIOD HAD EXPIRED, THE EXTENSION COULD NOT HAVE OCCURRED PRIOR TO THE DATE OF EXPIRATION.

THERE WAS ALLOWED IN THE SETTLEMENT TRAVEL PAY FROM NORFOLK, VA., TO PROVINCETOWN, MASS., 655 MILES, AT $0.05 PER MILE, OR $32.75. CLAIMANT URGES THAT HE WAS ON DUTY AT PENSACOLA, FLA., ON JULY 23, 1922, THE TIME OF THE EXPIRATION OF HIS ENLISTMENT PERIOD, AND THAT HE WAS ENTITLED TO TRAVEL ALLOWANCE FROM THAT PLACE TO PROVINCETOWN, MASS., INSTEAD OF FROM NORFOLK, VA.

THE EXTENSION OF ENLISTMENTS BY ENLISTED MEN OF THE NAVY IS AUTHORIZED BY THE ACT OF AUGUST 22, 1912, 37 STAT., 331, WHICH PROVIDES AS FOLLOWS:

THAT THE TERM OF ENLISTMENT OF ANY ENLISTED MAN IN THE NAVY MAY, BY HIS VOLUNTARY WRITTEN AGREEMENT, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY WITH THE APPROVAL OF THE PRESIDENT, BE EXTENDED FOR A PERIOD OF EITHER ONE, TWO, THREE, OR FOUR FULL YEARS FROM THE DATE OF EXPIRATION OF THE THEN EXISTING FOUR-YEAR TERM OF ENLISTMENT, AND SUBSEQUENT TO SAID DATE SUCH ENLISTED MEN AS EXTEND THE TERM OF ENLISTMENT AS AUTHORIZED IN THIS SECTION SHALL BE ENTITLED TO AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON EXPIRATION OF THEIR TERM OF ENLISTMENT, AND SUCH EXTENSION SHALL NOT OPERATE TO DEPRIVE THEM UPON DISCHARGE AT THE TERMINATION THEREOF OF ANY RIGHT, PRIVILEGE, OR BENEFIT TO WHICH THEY WOULD BE ENTITLED AT THE EXPIRATION OF A FOUR-YEAR TERM OF ENLISTMENT.

SECTION 6 OF THE ACT OF JUNE 4, 1920, 41 STAT., 836, PROVIDES:

THAT IN CASE ANY ENLISTED MAN OR ENROLLED MAN WHO, SINCE THE 11TH DAY OF NOVEMBER, 1918, HAS BEEN OR HEREAFTER SHALL BE DISCHARGED FROM ANY BRANCH OR CLASS OF THE NAVAL SERVICE FOR THE PURPOSE OF REENLISTING IN THE NAVY OR MARINE CORPS OR HERETOFORE HAS EXTENDED OR HEREAFTER SHALL EXTEND HIS ENLISTMENT THEREIN, HE SHALL BE ENTITLED TO * * * TRAVEL PAY AS AUTHORIZED IN SECTION 3 OF THE ACT * * * APPROVED FEBRUARY 28, 1919: * * *.

SECTION 3 OF THE ACT OF FEBRUARY 28, 1919, 40 STAT., 1203, PROVIDES:

THAT AN ENLISTED MAN HONORABLY DISCHARGED FROM THE ARMY, NAVY, OR MARINE CORPS SINCE NOVEMBER ELEVENTH, NINETEEN HUNDRED AND EIGHTEEN, OR WHO MAY HEREAFTER BE HONORABLY DISCHARGED, SHALL RECEIVE FIVE CENTS PER MILE FROM THE PLACE OF HIS DISCHARGE TO HIS ACTUAL BONA FIDE HOME OR RESIDENCE, OR ORIGINAL MUSTER INTO THE SERVICE, AT HIS OPTION: * * *.

CLAIMANT'S SERVICE IN THE NAVY WAS FOR THE UNEXPIRED TERM OF HIS ENROLLMENT FOR FOUR YEARS IN THE RESERVE FORCE. THE EXTENSION PROVIDED FOR BY THE ABOVE STATUTE IS AN EXTENSION "FROM THE DATE OF EXPIRATION OF THE THEN EXISTING TERM OF ENLISTMENT.' THE AGREEMENT, IN WRITING, TO EXTEND AN ENLISTMENT UNDER SUCH STATUTE, MUST BE MADE PRIOR TO THE EXPIRATION OF THE ENLISTMENT, 19 COMP. DEC., 819; 96 MS. COMP. DEC., 646, MARCH 2, 1921.

CLAIMANT'S FOUR YEARS OF ENROLLED AND ENLISTED SERVICE EXPIRED JULY 23, 1922. THE AGREEMENT TO EXTEND WAS NOT MADE UNTIL AUGUST 9, 1922, 17 DAYS AFTER THE FOUR-YEAR TERM FOR WHICH HE HAD ENROLLED AND SERVED IN THE NAVAL RESERVE FORCE AND THE NAVY HAD EXPIRED. THE AGREEMENT TO EXTEND WAS THEREFORE ENTERED INTO SUBSEQUENT TO THE EXPIRATION OF SUCH FOUR-YEAR PERIOD AND DID NOT CONSTITUTE AN EXTENSION WITHIN THE MEANING OF THE STATUTE. IT IS APPARENT, THEREFORE, THAT THE EXTENSION ON AUGUST 9, 1922, WAS NOT ONE AUTHORIZED BY LAW AND CLAIMANT WAS NOT ENTITLED TO ANY TRAVEL PAY BY REASON THEREOF.

UPON REVIEW OF THE MATTER THE SETTLEMENT IS REVERSED AND THE AMOUNT OF $32.75 THEREON ALLOWED IS HEREBY DISALLOWED.