SEPTEMBER 23, 1921, 1 COMP. GEN. 157
Highlights
WHO ARE DISCHARGED UNDER HONORABLE CONDITIONS PRIOR TO EXPIRATION OF ENLISTMENT FOR THE CONVENIENCE OF THE GOVERNMENT. ARE ENTITLED TO TRAVEL ALLOWANCES UNDER THE ACT OF FEBRUARY 28. 1921: I HAVE LETTER OF SEPTEMBER 10. ARE ENTITLED TO TRAVEL ALLOWANCE AUTHORIZED IN THE ACT OF FEBRUARY 28. THE SUBMISSION IS REPLIED TO ON THE ASSUMPTION THAT IT WAS MADE BY YOUR AUTHORITY. FOR THEIR OWN INTEREST AND CONVENIENCE BEFORE EXPIRATION OF THEIR ENLISTMENTS ARE NOT ENTITLED TO TRAVEL ALLOWANCE. IS TRUE. FOR THE INTEREST OR CONVENIENCE OF THE GOVERNMENT ARE ENTITLED TO TRAVEL ALLOWANCE. APPARENTLY YOUR QUESTION IS WHETHER A DISCHARGE ISSUED UNDER "HONORABLE CONDITIONS" COMES WITHIN THE MEANING OF "HONORABLY DISCHARGED" AS USED IN THE ACT OF FEBRUARY 28.
SEPTEMBER 23, 1921, 1 COMP. GEN. 157
TRAVEL ALLOWANCES OF MEN OF NAVY DISCHARGED UNDER HONORABLE CONDITIONS FOR CONVENIENCE OF GOVERNMENT MEN OF THE NAVY WHO ENLISTED AFTER MARCH 3, 1921, AND WHO ARE DISCHARGED UNDER HONORABLE CONDITIONS PRIOR TO EXPIRATION OF ENLISTMENT FOR THE CONVENIENCE OF THE GOVERNMENT, ARE ENTITLED TO TRAVEL ALLOWANCES UNDER THE ACT OF FEBRUARY 28, 1919, 40 STAT., 1203.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 23, 1921:
I HAVE LETTER OF SEPTEMBER 10, 1921, OF THE ACTING JUDGE ADVOCATE GENERAL, NAVY DEPARTMENT, REQUESTING DECISION WHETHER MEN WHO ENLISTED IN THE NAVY AFTER MARCH 3, 1921, AND WHO MAY BE DISCHARGED UNDER HONORABLE CONDITIONS PRIOR TO EXPIRATION OF THEIR ENLISTMENTS FOR THE CONVENIENCE OF THE NAVY, ARE ENTITLED TO TRAVEL ALLOWANCE AUTHORIZED IN THE ACT OF FEBRUARY 28, 1919, 40 STAT., 1203. THE SUBMISSION IS REPLIED TO ON THE ASSUMPTION THAT IT WAS MADE BY YOUR AUTHORITY, THE JURISDICTION OF THIS OFFICE BEING SUCH AS TO REQUIRE SUCH SUBMISSIONS TO BE MADE BY THE HEAD OF THE DEPARTMENT CONCERNED.
THE DECISION OF JULY 14, 1921, 1 COMP. GEN., 16, HELD THAT ENLISTED MEN HONORABLY DISCHARGED FROM AN ENLISTMENT ENTERED INTO AFTER MARCH 3, 1921, FOR THEIR OWN INTEREST AND CONVENIENCE BEFORE EXPIRATION OF THEIR ENLISTMENTS ARE NOT ENTITLED TO TRAVEL ALLOWANCE. THE CONVERSE OF THAT, AS RESPECT INTEREST AND CONVENIENCE, IS TRUE, AND ENLISTED MEN HONORABLY DISCHARGED FROM AN ENLISTMENT ENTERED INTO AFTER MARCH 3, 1921, FOR THE INTEREST OR CONVENIENCE OF THE GOVERNMENT ARE ENTITLED TO TRAVEL ALLOWANCE.
APPARENTLY YOUR QUESTION IS WHETHER A DISCHARGE ISSUED UNDER "HONORABLE CONDITIONS" COMES WITHIN THE MEANING OF "HONORABLY DISCHARGED" AS USED IN THE ACT OF FEBRUARY 28, 1919.
THE COMPTROLLER OF THE TREASURY IN DECISION OF APRIL 17, 1919, 25 COMP. DEC., 792, HELD THAT---
AN ENLISTED MAN WHO IS NOT DISHONORABLY DISCHARGED NOR DISCHARGED WITHOUT HONOR, BUT IS DISCHARGED UNDER HONORABLE CONDITIONS, ALTHOUGH THE WORD "HONORABLY" IS OMITTED FROM THE DISCHARGE PAPER, MAY BE SAID TO BE HONORABLY DISCHARGED WITHIN THE MEANING OF SEC. 3 OF THE ACT FEBRUARY 28, 1919.
THE ACT OF JUNE 3, 1916, 39 STAT., 217, OF WHICH THE ACT OF FEBRUARY 28, 1919, IS AMENDATORY, CONTAINED INSTEAD OF THE EXPRESSION "HONORABLY DISCHARGED" THE WORDS "WHEN DISCHARGED FROM THE SERVICE, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE.' IT IS APPARENT THAT THE TERM "HONORABLY DISCHARGED" INVOLVES PRACTICALLY THE SAME REQUISITES AND REQUIRES NO MORE THAN THAT THE CONDITIONS UNDER WHICH THE MEN ARE DISCHARGED SHALL BE CONSISTENT WITH HONOR.
ACCORDINGLY YOU ARE ADVISED THAT MEN WHO ENLISTED AFTER MARCH 3, 1921, AND WHO MAY BE DISCHARGED UNDER HONORABLE CONDITIONS PRIOR TO EXPIRATION OF THEIR ENLISTMENTS FOR THE CONVENIENCE OF THE NAVY, ARE ENTITLED TO TRAVEL ALLOWANCE AUTHORIZED IN THE ACT OF FEBRUARY 28, 1919, 40 TAT., 1203.