OCTOBER 13, 1923, 3 COMP. GEN. 211

OCTOBER 13, 1923, 3 COMP. GEN. 211

TRAVEL ALLOWANCE ON DISCHARGE FOR MORAL UNFITNESS FOR SERVICE THE DISCHARGE GIVEN AN ENLISTED MAN OF THE ARMY FOUND MORALLY UNFIT FOR FURTHER SERVICE, NOT BEING GIVEN BY WAY OF PUNISHMENT FOR AN OFFENSE, DOES NOT BAR HIM FROM THE RECEIPT OF TRAVEL ALLOWANCE PRESCRIBED BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT., 1021.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 13, 1923:

JOSEPH GAMBA, FORMERLY PRIVATE, COMPANY B, NINTH INFANTRY, HAS REQUESTED A REVIEW OF SETTLEMENT NO. W-896708, DATED APRIL 18, 1923, BY WHICH WAS DISALLOWED HIS CLAIM FOR TRAVEL PAY FROM FORTH SAM HOUSTON, TEX., TO NEWARK, N.J.

THE MILITARY HISTORY OF THE CLAIMANT SHOWS THAT HE REENLISTED AT CAMP DIX, N.J., APRIL 26, 1920, FOR A PERIOD OF THREE YEARS; PLACE OF ACCEPTANCE, NEWARK, N.J.; AND WAS DISCHARGED AT FORT SAM HOUSTON, TEX., JANUARY 23, 1923, BECAUSE OF MORAL UNFITNESS FOR FURTHER SERVICE IN THE ARMY OF THE UNITED STATES. CHARACTER OF DISCHARGE NOT HONORABLE.

THE ACT OF SEPTEMBER 22, 1922, 42 STAT., 1021, AMENDING SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, PROVIDES THAT---

HEREAFTER AN ENLISTED MAN DISCHARGED FROM THE ARMY, NAVY, OR MARINE CORPS, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, SHALL RECEIVE 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF HIS DISCHARGE TO THE PLACE OF HIS ACCEPTANCE FOR ENLISTMENT, ENROLLMENT OR MUSTER INTO THE SERVICE * *

THE DISCHARGE CERTIFICATE ISSUED TO THE SOLDIER SHOWS THAT HE WAS SEPARATED FROM THE SERVICE, PURSUANT TO PARAGRAPH 148 1/2, ARMY REGULATIONS, 1913, FOR THE REASONS PREVIOUSLY STATED, DUE TO HIS OWN MISCONDUCT.

THE ARMY REGULATIONS, 1913, PROVIDE AS FOLLOWS:

PAR. 148 1/2, AS AMENDED BY CHANGE 117, JULY 1, 1921:

WHEN AN ENLISTED MAN * * * GIVES EVIDENCE OF HABITS OR TRAITS OF CHARACTER WHICH SERVE TO RENDER HIS RETENTION IN THE SERVICE UNDESIRABLE, OR IS DISQUALIFIED FOR SERVICE, * * * IN CHARACTER, THROUGH HIS OWN MISCONDUCT, HIS COMPANY OR DETACHMENT COMMANDER WILL REPORT THE FACTS TO THE COMMANDING OFFICER, WHO WILL CONVENE A BOARD OF OFFICERS, THREE IF PRACTICABLE, TO DETERMINE WHETHER OR NOT THE SOLDIER SHOULD BE DISCHARGED PRIOR TO THE EXPIRATION OF HIS TERM OF ENLISTMENT * * *. IF DISCHARGE BE RECOMMENDED, THE BOARD WILL ALSO RECOMMEND THE CHARACTER TO BE GIVEN ON THE DISCHARGE, AND THE PROCEEDINGS OF THE BOARD, WHEN APPROVED BY THE CONVENING AUTHORITY, WILL BE FORWARDED TO THE OFFICER EXERCISING GENERAL COURT-MARTIAL JURISDICTION OVER THE COMMAND FOR FINAL ACTION. IF THE FINDINGS OF THE BOARD ARE APPROVED, THE PROCEEDINGS WILL THEN BE SENT TO THE OFFICER WHO MAKES THE DISCHARGE AND WILL BE FORWARDED BY HIM DIRECTLY TO THE ADJUTANT GENERAL OF THE ARMY FOR FILE, * * *.

THE DISCHARGE CERTIFICATE GIVEN UNDER THE PROVISIONS OF THIS PARAGRAPH WILL BE THAT PRESCRIBED BY SUBPARAGRAPH 3 OF PARAGRAPH 150, * * *.

THE SUBSTANCE OF SUBPARAGRAPH 3, JUST REFERRED TO, IS THAT WHEN THE SOLDIER IS DISCHARGED FOR REASONS NOT SPECIFIED IN THE OTHER TWO SUBPARAGRAPHS AS REQUIRING THE ISSUANCE OF EITHER AN HONORABLE DISCHARGE OR A DISHONORABLE DISCHARGE BY SENTENCE OF A COURT-MARTIAL OR A MILITARY COMMISSION, THE CLASS OF DISCHARGE CERTIFICATE DESIGNATED AS "FOR DISCHARGE" WILL BE GIVEN THE SOLDIER.

THE DISCHARGE OF CLAIMANT UNDER PARAGRAPH 148 1/2, ARMY REGULATIONS, 1913, AS AMENDED, BECAUSE OF MORAL UNFITNESS WAS NOT "BY WAY OF PUNISHMENT FOR AN OFFENSE" AND DID NOT THEREFORE OPERATE TO DEPRIVE HIM OF THE BENEFITS OF THE ACT OF SEPTEMBER 22, 1922. HE IS ENTITLED TO TRAVEL PAY AT THE RATE OF 5 CENTS PER MILE FROM FORT SAM HOUSTON, TEX., PLACE OF DISCHARGE, TO NEWARK, N.J., PLACE OF ACCEPTANCE FOR ENLISTMENT, 1,909 MILES, OR $95.45.