NOVEMBER 9, 1922, 2 COMP. GEN. 312

NOVEMBER 9, 1922, 2 COMP. GEN. 312

TRAVEL ALLOWANCE - DISCHARGE BY PURCHASE A DISCHARGE BY PURCHASE GRANTED AN ENLISTED MAN OF THE ARMY UNDER AUTHORITY OF THE ACT OF JUNE 16, 1890, 26 STAT., 158, IS A DISCHARGE FOR THE SOLDIER'S OWN CONVENIENCE AND HE IS NOT ENTITLED THEREON TO TRAVEL ALLOWANCE; NOR CAN THE PURCHASE PRICE, ONCE PAID ON A PROPER APPLICATION FOR SUCH DISCHARGE, BE REFUNDED ON ALLEGATION THAT THE PARTICULAR SOLDIER WAS ENTITLED TO A DISCHARGE ON SURGEON'S CERTIFICATE OF DISABILITY.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 9, 1922:

PAUL G. HAMPP, FORMERLY PRIVATE FIRST CLASS, FINANCE DEPARTMENT, REQUESTED, SEPTEMBER 12, 1922, REVIEW OF SETTLEMENT NO. W-147110, DATED JULY 8, 1922, DISALLOWING HIS CLAIM FOR TRAVEL PAY FROM CAMP LEWIS, WASH., TO BARBERTON, OHIO, AND REFUND OF THE SUM OF $120 PAID FOR HIS DISCHARGE FEBRUARY 7, 1922, CONTENDING THAT HE SHOULD NOT HAVE BEEN REQUIRED TO PURCHASE HIS DISCHARGE, BUT SHOULD HAVE BEEN DISCHARGED ON A SURGEON'S CERTIFICATE OF DISABILITY.

WHILE SERVING AT CAMP LEWIS, WASH., JANUARY 17, 1922, CLAIMANT ADDRESSED THE FOLLOWING REQUEST, THROUGH MILITARY CHANNELS, TO THE COMMANDING GENERAL OF THE NINTH CORPS AREA:

1. UNDER THE PROVISIONS OF SECTION 4 OF THE ACT OF CONGRESS APPROVED JUNE 16, 1890, AND CIRCULAR 201, WAR DEPARTMENT, JULY 29, 1921, REQUEST THAT I BE DISCHARGED FROM THE U.S. ARMY BY PURCHASE.

2. MY REASONS FOR THIS REQUEST ARE: I AM PHYSICALLY UNFIT FOR THE SERVICE, PER INCLOSED AFFIDAVIT SIGNED BY MAJOR L. O. TARLETON, M.C., CAMP LEWIS, WASH., WHICH I RECEIVED ON TAKING EXAMINATION FOR ADMITTANCE TO WEST POINT; MY FATHER IS COMPELLED TO ENTER A HOSPITAL TO UNDERGO A SEVERE OPERATION AND I AM NEEDED TO LOOK AFTER AFFAIRS.

3. I ENLISTED FOR THREE YEARS ON JANUARY 20, 1921, AT COLUMBUS BARRACKS, AND WILL HAVE COMPLETED ONE YEAR'S SERVICE ON JANUARY 20, 1922. PREVIOUS SERVICE.

4. I HAVE SUFFICIENT FUNDS TO DEFRAY ALL COSTS IF THIS REQUEST IS GRANTED.

SECTION 4 OF THE ACT OF JUNE 16, 1890, 26 STAT., 158, REFERRED TO, PROVIDES:

THAT IN TIME OF PEACE FOR PRESIDENT MAY, IN HIS DISCRETION AND UNDER SUCH RULES AND UPON SUCH CONDITIONS AS HE SHALL PRESCRIBE, PERMIT ANY ENLISTED MAN TO PURCHASE HIS DISCHARGE FROM THE ARMY. THE PURCHASE MONEY TO BE PAID UNDER THIS SECTION SHALL BE PAID TO A PAYMASTER OF THE ARMY AND BE DEPOSITED IN THE TREASURY TO THE CREDIT OF ONE OR MORE OF THE CURRENT APPROPRIATIONS FOR THE SUPPORT OF THE ARMY, TO BE INDICATED BY THE SECRETARY OF WAR, AND BE AVAILABLE FOR THE PAYMENT OF EXPENSES INCURRED DURING THE FISCAL YEAR IN WHICH THE DISCHARGE IS MADE.

THE PURCHASE PRICE REQUIRED WAS PAID AND CLAIMANT WAS DISCHARGED WITHOUT TRAVEL PAY. THERE IS NO AUTHORITY OF LAW FOR REFUND OF THE PURCHASE PRICE PAID BY AN ENLISTED MAN FOR A DISCHARGE NOR IS HE ENTITLED, UNDER THE ACT OF FEBRUARY 28, 1919, 40 STAT., 1203, TO TRAVEL PAY UPON SUCH A DISCHARGE FOR THE REASON THAT A DISCHARGE BY PURCHASE IS A DISCHARGE FOR THE SOLDIER'S OWN CONVENIENCE AND DOES NOT ENTITLE HIM TO TRAVEL PAY. UNITED STATES V. SWEET, 189 U.S., 471; 2 COMP. DEC., 252; 3 ID., 109, 397; 5 ID., 113; 7 ID., 740. THE DISCHARGE WAS MADE IN ACCORDANCE WITH CLAIMANT'S REQUEST. THAT HE WAS IN SUCH A PHYSICAL CONDITION AT THE TIME THAT IT MIGHT HAVE BEEN MADE THE BASIS FOR APPLYING FOR DISCHARGE UNDER A SURGEON'S CERTIFICATE OF DISABILITY CAN NOT NOW BE CONSIDERED. HIS REQUEST FOR DISCHARGE REFERRED TO HIS BEING PHYSICALLY UNFIT AND ALSO THAT HE WAS NEEDED TO LOOK AFTER AFFAIRS BECAUSE OF HIS FATHER UNDERGOING AN OPERATION. THE REQUEST REPRESENTED THAT HE HAD THE FUNDS TO PAY FOR DISCHARGE, AND IT CLEARLY PREFERRED DISCHARGE BY PURCHASE RATHER THAN THE UNCERTAINTY OF BEING GRANTED DISCHARGE FOR PHYSICAL DISABILITY.

UPON REVIEW OF THE MATTER NO DIFFERENCE IS FOUND AND THE SETTLEMENT IS SUSTAINED.